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Texas FCRA


Jazkal
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Texas FCRA

I have some questions, hoping someone know the answers.

The Texas FCRA has lots of the same violations and penalties as the National FCRA. I'm wondering if I can take a CRA to small claims on $5000 worth of charges, collect, and then take them to federal court for the same violations under the National FCRA.

The last section of the Texas FCRA says in part:

"§ 20.10. Remedies Cumulative

An action taken under this chapter does not prohibit a consumer from taking any other action authorized by law ..."

So does this open up federal court also?

The reason I'm asking is because I have read in a lot of places the CRA's will try and get the small claims case bumped up to federal because the charges are federal. And I was thinking, only bring charges against them from the Texas FCRA, so It can't be bumped up?

TIA

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If you bring your suit under Texas law only, they will not be able to remove the case because there is no federal jurisdiction. Be sure to specifically state that you claim is based only on Texas law in your petition.

As for whether you can then take them to federal court after, the court will prevent you from getting a "double recovery" for their violations, so you will likely be unsucessful.

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Yep, I think I will.

There are a few gems in the Texas FCRA, like tripple damages, and this:

"a consumer reporting agency that does not correct a consumer's file and consumer report before the 10th day after the date on which a judgment is entered against the agency because of inaccurate information contained in a consumer's file is also liable for $1,000 a day until the inaccuracy is corrected."

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