masonuc Posted October 10, 2002 Report Share Posted October 10, 2002 CA sent me (first) notice of debt. I disputed. No validation from CA. They called me once (claim they sent validation, but admit it went to wrong address) and report me to credit bureau. I sent them a fax (I have copies of all communication plus proof of service) telling them that they violated FDCA and FCRA and to remove the listing. They comply -- at least that's what they told me on the phone. Allegedly they are removing the negative item. I asked them to put their error in writing -- i.e., admit that they should not have reported me -- but they refuse. So I sent another fax saying that I will sue them unless they put it in writing. No word for two weeks. I've got 3 violations -- (a) calling me (I also sent C&D in initial validation/dispute letter, ( reporting me without validiting (FDCA), and © reporting me without a notice that I disputed debt (FCRA). Worth suing? Any thoughts? I was thinking small claims court, max is $5000 in d.c.[Edit by masonuc on Wednesday, October 9, 2002 @ 06:17 PM] Link to comment Share on other sites More sharing options...
kimber6337 Posted October 10, 2002 Report Share Posted October 10, 2002 Did you send any of your correspondance via green card? A fax has no signature on it... Link to comment Share on other sites More sharing options...
masonuc Posted October 10, 2002 Author Report Share Posted October 10, 2002 A fax prints a confirmation report on a copy of the first page of the transmission -- ironclad proof that the thing you say was sent was actually sent, and received by their fax machine. I think that's much better than a green card. Link to comment Share on other sites More sharing options...
Swede Posted October 10, 2002 Report Share Posted October 10, 2002 You won't get 5k, max is 1k per statute and it's per action, not violation.how did they violate fcra? did you dispute the accuracy with the CRA? if not, you can't sue under the FCRA, enforceable only by gov. agencies if you haven't. Link to comment Share on other sites More sharing options...
masonuc Posted October 10, 2002 Author Report Share Posted October 10, 2002 That's the max under the statute, I can also sue under common law principles (defamation, etc.). The FCRA violation is section 623(a)(3):§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2](a) Duty of furnishers of information to provide accurate information. ...(3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. But you're correct... only enforceable by FTC and state officials. Still, violation of regulation would be negligence per se, which could form part of my defamation suit. [Edit by masonuc on Thursday, October 10, 2002 @ 07:26 AM] Link to comment Share on other sites More sharing options...
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