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Should I sue?


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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, (B) 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]

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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]

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