rp0029 Posted January 12, 2006 Report Share Posted January 12, 2006 I've been lurking here for quite a bit. I'm getting ready to take the Florida Bar in July. So I know a thing or two about legal research and statutory interpretation. I am attempting to get this old (+5 years ago) garbage off of my reports for the background check. I'm in the DV process now. I have read several times that OCs and CAs on this board can be in violation of the FCRA, people claiming that they have sued or threatened to sue an OC and/or a CA under the FCRA. How is this possible? When I read the FCRA, it seems to apply only to CRAs. I can't imagine drafting a legal pleading that suggests an OC or CA has violated FCRA. Has anyone done this? What language of the FCRA (aside from the unauthorized access sections) applies to the OC or CA? Link to comment Share on other sites More sharing options...
divemedic Posted January 12, 2006 Report Share Posted January 12, 2006 I have sued, and so have others here. The sections of the FCRA you are asking about are found here:http://www.creditinfocenter.com/legal/FCRA.shtml#623Read 623 (a) and 623(. There is no right of private action under 623(a), so you must initiate an investigation and waiit for them to complete the investigation. Once that is done, if you can prove the information is still not "complete and accurate", you now have a cause of action. This is called an s-2b violation, because it is section 15USC1681s-2( Link to comment Share on other sites More sharing options...
rp0029 Posted January 12, 2006 Author Report Share Posted January 12, 2006 Dive,Is that per violation? Can I tack on counts of fraud, libel, defamation, etc in a complaint? Also, what is the violation for "re-aging" accounts (keeping them on my report longer)? Can I sue both OCs AND CAs for reaging?You've mentioned you live in Florida...I live here as well - does our act apply to OCs? Link to comment Share on other sites More sharing options...
Methuss Posted January 12, 2006 Report Share Posted January 12, 2006 The simple answer is the FCRA requires anyone who furnishes data, which is included in a consumer report, to a credit reporting agency to furnish only 100% accurate information. It also requires the CRAs to investigate discrepancies brought to their attention by the consumer.For a consumer to have a right of action against a furnisher, they must first dispute it through the CRA. If the consumer doesn't take this step, and instead sends their disputes only to the furnisher, the consumer may not be able to obtain relief. The cause of action lies in the investigation process done by the CRA to ensure accuracy. If false information comes back as verified, either the CRA has violated the FCRA by failing to do a proper investigation into the claim, or the furnisher has provided false information to the CRA in the course of the investigation. Link to comment Share on other sites More sharing options...
IHateCAs Posted January 12, 2006 Report Share Posted January 12, 2006 Dive,Is that per violation? Can I tack on counts of fraud, libel, defamation, etc in a complaint? Also, what is the violation for "re-aging" accounts (keeping them on my report longer)? Can I sue both OCs AND CAs for reaging?You've mentioned you live in Florida...I live here as well - does our act apply to OCs?Your act applies to OCs if I remember correctly. fraudfighter over at artofcredit.com is from Florida and is well versed on the state laws there. Link to comment Share on other sites More sharing options...
divemedic Posted January 13, 2006 Report Share Posted January 13, 2006 I live here in Florida and yes the laws in Florida can apply to OC. 559.72 states that in Florida, while collecting consumer debts, no PERSON shall.... Link to comment Share on other sites More sharing options...
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