knewkid

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About knewkid

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    Consumer Backwash of WA
  1. So how is that pronounced exactly? "15 USC the artist formerly known as prince 1681 et seq' ? Heh heh...I think that lil symbol means 'Subsection'...but I am not absolutely sure... ....KK
  2. When you rent something you have to sign a contract...check the fine print on that document and see if by signing it you gave the permission. If so, you might get them to have it removed from your report by asking them politely and pointing out that you paid cash. ....KK
  3. Willfull would be continued activity, behavior, reporting, etc. after you have given them proof. Negligent on the other hand may be due to human error, computer error etc. ....KK
  4. I would guess it stands for Tennessee Consumer Protection Act. Prolly be able to find it with a google... ....KK
  5. I had one clerk advise me to never throw away the green cards...keep them forever. I guess he speaks from experience. Once I saw how the CMRRR process worked, I helped my self to a large handful of receipts and blank green cards. Now I fill them out at home and use pre-printed labels on them in the 'sender' box. ....KK
  6. WOW!! I want to be like Xan when I grow up..heh heh.. What I need is a good Tennessee Judge up here in the Cascades. ....KK
  7. Getting a report electronically is more of a courtesy than a requirement. However, if you were to be denied credit because your report couldn't be accessed by a lender you would then have actual damages. Others have posted about this before...you are now in the "special handling" department and you will need to call them or write to them to get your report. ....KK
  8. Sounds kinda familiar don't it? Exactly what I've had to do many times. Is that all it takes to get millions in damages? By that I mean doing the work to explain away the inaccuracies listed on your credit report. I've had completely false child support late payments listed on mine since 1990 in spite of everything I've tried to get them off. Perhaps I need to include this news item with my next letter to TU and EX..heh heh.. ....KK
  9. These are exactly the little tips us first timers need to know...thanks Xan! ....KK
  10. Thanks for the link, but again it references the FDCPA and NOT the FCRA. My kingdom for case law supporting each/per violation of the FCRA... ....KK
  11. Salute!! Wish I could be there to see their faces.. ....KK
  12. And therein lies the problem...in the sections dealing with civil action, the wording each violation/ per violation is missing, but it does appear in other sections of the document...so by its omission in the civil section, but inclusion elsewhere, it can be argued (and probably successfully) that the $1,000 statutory award is per action. Now, if we could find precedent for an "each violation" court case then our/my case would surely be stronger. Soooo...back to my original question, is there such a case? ....KK professional thread hijacker...
  13. With all due respect, I still can't find anything in what was posted above that entitles me to statutory damages for each violation. The only reference I can find regarding "each violation" is in section § 621. Administrative enforcement [15 U.S.C. § 1681s] © State action for violations. (1) Authority of states. In addition to such other remedies as are provided under State law, if the chief law enforcement officer of a State, or an official or agency designated by a State, has reason to believe that any person has violated or is violating this title, the State (A) may bring an action to enjoin such violation in any appropriate United States district court or in any other court of competent jurisdiction; ( subject to paragraph (5), may bring an action on behalf of the residents of the State to recover (i) damages for which the person is liable to such residents under sections 616 and 617 [§§ 1681n and 1681o] as a result of the violation; (ii) in the case of a violation of section 623(a) [§ 1681s-2], damages for which the person would, but for section 623© [§ 1681s-2], be liable to such residents as a result of the violation; or (iii) damages of not more than $1,000 for each willful or negligent violation; and However, as we read further we find there are restrictions to this: (5) Limitations on state actions for violation of section 623(a)(1) [§ 1681s-2]. (A) Violation of injunction required. A State may not bring an action against a person under paragraph (1)( for a violation of section 623(a)(1) [§ 1681s-2], unless (i) the person has been enjoined from committing the violation, in an action brought by the State under paragraph (1)(A); and (ii) the person has violated the injunction. So... basically what I see here is that one must first get an injuction through the state's attorney general, and then get some violations of this injunction before you are entitled to receive statutory damages for each violation. ....KK
  14. I have been reading, indexing, and hi-lighting my copy of the FCRA since May...I just can't seem to find the "per violation" part. ....KK
  15. My greatest fear is that when I get to court I may have to educate the judge about the FCRA. Can you direct me to a case file that supports the $1,000 per violation? ....KK