CRA in violation, what constitutes damage?

[pilgrimfaraway]

So, I have this thing with EQ where they reinserted inaccurate information without notifying and they claim it isn't "that kind of reinsertion". I've been kicking this around and seems to be a sure bet that it's a violation. Question becomes -so what? Is that one of those "pull the crank and out pops $1,000 type of violations?" My understanding is that FCRA is not a strict liability statute like FCDPA, and actual damages need to be proven. Outside of the standard "mental anguish and humiliation", I have been denied an AMEX because of missed payments. I have this one and one other that's 4 years old. Inasmuch, I don't think I can claim that this one late was definitely the cause of my application for the AMEX getting refused.

So, a little help here. Other than an ITS to hasten deletion, is there any meat on the bones here?

[IHateCAs]

You don't have to prove actual damages, but you have to prove willful noncompliance to receive statutory damages. If they were only negligently noncompliant, your recovery is limited to actual damages.

So what kind of reinsertion was this?

[pilgrimfaraway]

The reinsertion was a late payment.

I June my creditor and I had a "misunderstanding" resulting in a late entry. I had to climb up to the VP of Credit Card Services. She agreed to forgive the late payment and they deleted. I got an email from her, but she wouldn't send me a letter. I got a letter from the credit deparatment.

2 weeks ago, the late reappeared. It was different this time, however. Maybe the difference is the problem.

The first entry had the date of the late payment 6/2006 and the status said "31-60 days late". the second entry only had the status entry reinserted.

I called the OC and they said that they sent the correction again, but gave me the standard 60-90 day story. They also said the reason why it was reinserted was because I still had my previous dispute through the CRA in process when they sent in the deletion. Their system had not yet been updated and it replied to the ACVD with a verify.

I waited a week, just to be sure they didn't notify me. I then called EX and TU. They both went and found the notes pertaining to the previous deletion and deleted the info while I was on hold! EQ said that they cannot, because this "isn't that kind of a reinsertion"