Anonymous Posted May 15, 2003 Report Share Posted May 15, 2003 You have probably read my postings all over the place about the problem I'm having with the big blue aka Amex. They recently verified (second time) an account as belonging to me to Experian (I haven't received the reinvestigation results from Equifax and TU just yet),(1) without so much as a notice that the account is disputed when they know full well that I'm disputing this debt, and(2) without ever presenting to me any supporting document that the account belongs to me despite my repeated requests for the past 5 months (they tried to fraudulently pass a copy of an application for an unrelated account to support their claim!).Experian failed to provide me with a description of the procedure they took to investigate the account, when I explicitly requested for one.I am preparing to file a lawsuit against:(1) Amex--- 1. For inaccurate reporting - Why: Defamation, financial injury - Precedent: US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan--- 2. For failure to report the account as disputed - Why: Protection under FCRA - Law: FCRA Section 623(a)(3)(2) Experian (don't know yet about the other 2)---- 1. For failure to correct information after being provided proof and for failure to conduct a reasonable investigation - Why: Defamation and willful injury - Law: FCRA Section 623 - Precedent: CUSHMAN, v. TRANS UNION CORPORATION US Court of Appeals for the Third Circuit CourtCase 115 F.3d 220June 9, 1997, Filed (D.C. No. 95-cv-01743). (3) United Recovery Systems (CA for AMEX)---- 1. For repeatedly calling me even after having been informed that I have an attorney - Why: Protection under FDCPA - Law: FDCPA Section 805(a)(2)Now, my questions:1. Do I sue them one by one or all at once?2. How do I calculate damages for:(1) Amex-- OK, so there is the $1000 fine for failure to report the debt as disputed. They have known about my dispute for 5 months. They also had opportunities to report the debt as disputed 2X with Experian and at least 1X with Equifax and TU when the CRA verified the account with them (when I disputed the account with the CRAs). Is the $1000 fine per opportunity, per CRA, or is it just one collective failure?-- As far as damages, first, there is my attorney's fees, of course. I also attempted to obtain a 50K home equity loan which fell through because of the tradeline (I was actually approved for the loan, but the bank required that some of the money goes to pay off Amex, which I refused to do because it is not my debt. So, we could not close the deal.)(2) Experian-- Don't know how to calculate how much here. Same as Amex?(3) URSI have a tape of my requesting them to not call me anymore and to call my attorney. I have documentation from my lawyer telling them to not contact me anymore and to direct all communications to her. They have my attorney's phone number, fax, and mailing address. I have a tape of at least a half dozen messages they left on my answering machine after both my lawyer and I have informed them to not call me. Is the $1000 fine per call or per company?3. I know that District Courts have limits in terms of how much you can sue for. If I'm not mistaken it's 25K in Md. But, on the other hand, I heard that circuit courts can take up to a year to get a court date. What should I do?4. Anything else I should include in the lawsuit?Thanks in advance for your time and opinions. [Edit by businessdebt on Thursday, May 15, 2003 @ 02:22 AM] Link to comment Share on other sites More sharing options...
calawyer Posted May 16, 2003 Report Share Posted May 16, 2003 You mention that you have an attorney. Is the attorney going to represent you in this case? On the surface the case seems to be a good one for an experienced FCRA attorney to take on a contingency basis (ie. good record of disputes, credit denial, seemingly good facts). You also have one of my favorite issues: Failure to provide investigation procedure. If you do not have an experienced FCRA attorney, let me know and I will try to help you find one. Link to comment Share on other sites More sharing options...
Anonymous Posted May 16, 2003 Author Report Share Posted May 16, 2003 Thanks for your reply. My attorney is not at all experienced in FCRA. I have actually been the one who's doing all the research on the possible violations that Amex committed (mostly by reading the threads on this awesome board ). However, I think without her stature, the CAs and Amex would have just rolled all over me (I'm an emotional weakling ). I was referred to her by a mutual business acquaintance. She's very good at what she does, but this FCRA stuff is new to her.That would be great if you could refer me to one in my area. I live in Maryland. Link to comment Share on other sites More sharing options...
calawyer Posted May 16, 2003 Report Share Posted May 16, 2003 Check out http://www.naca.net/. There are several listed in MD. Link to comment Share on other sites More sharing options...
Anonymous Posted May 16, 2003 Author Report Share Posted May 16, 2003 Thank you Link to comment Share on other sites More sharing options...
ADSOFT Posted June 1, 2003 Report Share Posted June 1, 2003 <blockquote>Originally posted by businessdebtThank you </blockquote>Businessdebt, I wish you the best of luck!!! Link to comment Share on other sites More sharing options...
Anonymous Posted June 3, 2003 Author Report Share Posted June 3, 2003 Am fairly sure that you can not sue AMEX under FDCPA, since it seems to be the original creditor (California allow suing CREDITORS under the State version of the law). Good luck. Link to comment Share on other sites More sharing options...
Anonymous Posted June 7, 2003 Author Report Share Posted June 7, 2003 It looks like you have a very good case so far. (I think you have to notify collectors in writing not to contact you via phone though -send all mail RR.)Get an Attorney experienced in FCRA.After also battling with a creditor, I am in process of getting paperwork to file lawsuit. Looks like a sure win.Good luck Link to comment Share on other sites More sharing options...
cookiemnster Posted June 7, 2003 Report Share Posted June 7, 2003 <blockquote>Originally posted by businessdebt(2) Experian (don't know yet about the other 2)---- 1. For failure to correct information after being provided proof and for failure to conduct a reasonable investigation - Why: Defamation and willful injury - Law: FCRA Section 623 - Precedent: CUSHMAN, v. TRANS UNION CORPORATION US Court of Appeals for the Third Circuit CourtCase 115 F.3d 220June 9, 1997, Filed (D.C. No. 95-cv-01743). Link to comment Share on other sites More sharing options...
bingo Posted June 7, 2003 Report Share Posted June 7, 2003 Here's the Richardson MSJ. She settled with everyone out of court.http://www.proselitigant.net/wwwthreads/Wc59d0bd2d89b8.htm Link to comment Share on other sites More sharing options...
Recommended Posts