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How do FCRA violations look on a Credit Report?


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1. If an applicable field is left blank on a credit report or if n/a is reported when it is clearly applicable, is this a violation and by whom?

2. If a CA is reporting under "Account History" and not under collection agency info or collection accounts, is this a violation and by whom?

3. If the DOLA varies from CRA to CRA and from report to report from the same CRA, is this a violation and by whom? Part two to this question is: If a CA or OC reports inaccurate OR inconsistent information such as DOLA and then starts to report in accurately, would you still be able to sue for a CRA FCRA violation?

4. When does it become willful non compliance or negligence on the part of the CRA for reporting inconsistent information? What about the OC or the CA?

5. What exactly is a time barred debt and what is the rule for collecting and reporting on it?

6. What is the rule on CAs reporting inflated balances? Anyone have an example of how this should look on a CR?

Please list the individual FCRA sections that relate to the violation if possible.

Thanks in advance so much for the responses!!!!

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You can find the text of the FCRA by following "credit" links at www.ftc.gov. You may wish to print out a copy of the law, read and highlight the pertient sections.

You can also find answers by utilizing the search feature at this site.

I've done both and don't quite understand some of the FCRA and there is a lot of conflicting information here.

If these are questions often asked, why not make them a sticky? It would certainly help out us "dummies."

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"...don't quite understand some of the FCRA..."

Professional attorneys and most of the judiciary can confess the same. Many of the questions you've posed are settled by prevailing case law or are still "up for grabs".

"...why not make them a sticky..."

There is value in seeking out answers for yourself, as opposed to having information spoon fed to you. In researching here and elsewhere on the net and at your local Library, you begin to develop understanding that goes beyond the conflict. You start to get a feel for accurate answers and what to disregard. Some of this stuff comes only with experience. It might help out dummies, but it's, ultimately, not in your best interests.

If you really want to take action on the type of data you are requesting, you need to have a complete understanding of it. That only comes with time and effort.

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[quote name=Ahntara

There is value in seeking out answers for yourself' date=' as opposed to having information spoon fed to you. In researching here and elsewhere on the net and at your local Library, you begin to develop understanding that goes beyond the conflict. You start to get a feel for accurate answers and what to disregard. Some of this stuff comes only with experience. It might help out dummies, but it's, ultimately, not in your best interests.

QUOTE]

Pardon me, but who are you to decide what is in my best interest? I've spent two days on these boards and others and can't seem to get clear cut answers which is the entire reason that I am asking these questions.

So far your reponse is the least helpful and most judgmental of any post I read so far in any forum. And I would not have wasted my time posting back to you if I didn't think it was completely uncalled for you to offer tbhis unsolicted advice to someone looking for completely different answers.

Any further posts from you will be ignored.

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Two whole days? No wonder you found my response to be unhelpful and judgmental. I could have chided you for not using the search function, but then, you did actually request responses. So, my advice is hardly "unsolicted". You also requested, not only detailed explanations of very specific issues, but references points in the FCRA.

The type of data you are seeking can be obtained with MANY hours of research or a professional consultation (if you could locate a professional with the needed knowledge). Yet, you want it delivered up instantaneously, and in a form that doesn't offend your sensibilities.

It can be very disappointing not to get exactly what you want when you want it. Personally, I would love to see the results of YOUR VERY OWN labor in finding the data to answer your points. That would be interesting.

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I think it's a bit unfair to think that someone is being lazy because he/she is nto reading case law for answers. I am a college eduated professional, but legal documents make my head spin as fast as Calculus does. It's like a totally different language. I come here to get help from people who have been able to translate this stuff into layman's terms. Telling people "go look it up" seems to be a contradiction to the purpose of this site. I understand people should search the site for info, and even some outside sources, but this is very complicated stuff, and I dont' think someone should be chastised for asking for answers to complex questions that someone here may have a better understanding of.

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I think it's a bit unfair to think that someone is being lazy because he/she is nto reading case law for answers. I am a college eduated professional, but legal documents make my head spin as fast as Calculus does. It's like a totally different language. I come here to get help from people who have been able to translate this stuff into layman's terms. Telling people "go look it up" seems to be a contradiction to the purpose of this site. I understand people should search the site for info, and even some outside sources, but this is very complicated stuff, and I dont' think someone should be chastised for asking for answers to complex questions that someone here may have a better understanding of.

I agree. If you don't feel like taking the time to answer a person's post then just don't bother. I've seen people here go back and forth, writing paragraphs and paragraphs about why they aren't going to answer a question and it would have taken a fraction of the time to just answer the damn thing. I understand sometimes people ask obvious questions and haven't read a damn thing, but the original posters questions were all pretty specific and not the kind of thing you'd find in a Frequently Asked Questions section.

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1. If an applicable field is left blank on a credit report or if n/a is reported when it is clearly applicable, is this a violation and by whom?

No.

2. If a CA is reporting under "Account History" and not under collection agency info or collection accounts, is this a violation and by whom?

Don't understand the question.

3. If the DOLA varies from CRA to CRA and from report to report from the same CRA, is this a violation and by whom?

Maybe, but you would need to prove this.

Part two to this question is: If a CA or OC reports inaccurate OR inconsistent information such as DOLA and then starts to report in accurately, would you still be able to sue for a CRA FCRA violation?

This is a cut and dried answer provided in hundreds of threads here. Respectfully, I'd say hit the search button.

4. When does it become willful non compliance or negligence on the part of the CRA for reporting inconsistent information? What about the OC or the CA?

This is tricky and not a standard response, and would depend on how carefully you built your case, what state you live in and which case law you cite. It's not something that typically someone would know without spending a lot of time researching, unless someone else here has the same type of thing going on. I recommend reading some more or ask a much less general question.

5. What exactly is a time barred debt and what is the rule for collecting and reporting on it?

Hit the search button on this one, this is simple to find.

6. What is the rule on CAs reporting inflated balances? Anyone have an example of how this should look on a CR?

Per the FCRA, OCs must report accurately. There is no example. You must be able to prove they are reporting inaccurately OR get them to admit they are reporting inaccurately. A better way to ask this question is to cite a specific example.

Please list the individual FCRA sections that relate to the violation if possible.

Easy to find the answer by reading over the FCRA yourself. Hit the link at the top of this page.

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I think it's a bit unfair to think that someone is being lazy because he/she is nto reading case law for answers. I am a college eduated professional, but legal documents make my head spin as fast as Calculus does. It's like a totally different language. I come here to get help from people who have been able to translate this stuff into layman's terms. Telling people "go look it up" seems to be a contradiction to the purpose of this site. I understand people should search the site for info, and even some outside sources, but this is very complicated stuff, and I dont' think someone should be chastised for asking for answers to complex questions that someone here may have a better understanding of.

I do agree with Lisa somewhat here. I answered the original posters questions here just to show that some of them were asked without much thought (meaning obviously NO effort had gone into the search), but some were actually complicated questions with no obvious answer.

The thing to do though, is to not ask open-ended questions like this, but cite a specific consumer's situation and ask for help. This gets more answers, just a tip.

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No chatisement intended.

I've seen people tongue lashed here (and other places) for not availing themselves of search functions and other permanent reference sections of a site. I tend to go in a different direction and never mean to offend.

The OP has requested a numbered narrative with explanations and section references to the FCRA. I do not characterize the post or the intent as "lazy", but rather, as presumptous. My response was intended to inspire the OP to provide the answers to the rest of us.

*wonders what a Legal Brief on the FCRA would look like*

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2. If a CA is reporting under "Account History" and not under collection agency info or collection accounts, is this a violation and by whom? Thanks in advance so much for the responses!!!!

I am no expert, but I think I understand Question #2 of your Post:

I believe that where the CA is Reporting under "Credit Account Information" (as in EQUIFAX) and not correctly Reporting under "Collection Agency Information" is an FCRA violation by the CA.

The CA is Reporting Inaccurate or Incomplete information to the CRA, and misrepresenting the legal status of the debt.

I would dispute this item with the CRA first to Correct or Delete the item. A copy of your Credit Rreport may be submitted to the CRA as evidence.

Best Regards,

June

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3. If the DOLA varies from CRA to CRA and from report to report from the same CRA, is this a violation and by whom? Part two to this question is: If a CA or OC reports inaccurate OR inconsistent information such as DOLA and then starts to report in accurately, would you still be able to sue for a CRA FCRA violation? Thanks in advance so much for the responses!!!!

Write Complaints to the FTC and your State Attorney General (SAG) and proivde Copies of the CRs (1-page) showing their inconsistencies and Re-Aging. The CA Reporting inconsistent information from CRA to CRA with different DOLAs is quite serious. It's Inaccurate or Incomplete reporting. In addition, changing that DOLA from CRA to CRA, the CA is willfully violating the FCRA by Re-Aging your account. A year ago, I had a Collection Account (which had been fully Validated by the OC) Deleted from all 3 CRAs by the CA, after I had filed FTC and SAG Complaints for these same Violations. Under Florida Consumer Laws, I have two years to sue the CA.

Best Regards,

June

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I think it's a bit unfair to think that someone is being lazy because he/she is nto reading case law for answers. I am a college eduated professional, but legal documents make my head spin as fast as Calculus does. It's like a totally different language. I come here to get help from people who have been able to translate this stuff into layman's terms. Telling people "go look it up" seems to be a contradiction to the purpose of this site.

You have just explained how I feel exactly! I've actually spent more than two days on this site and others gathering information. I've only gotten serious about it all in the last year but I think I am getting closer to understanding things and like I said, have spent the last two days researching these things I have just posted. Again, I get conflicting advice sometimes and get confused.

June,

Yes, you did understand it correctly. Equifax for one, IS listing some collection accounts and accounts. I was not sure if this was in of itself a violation or not. I have disputed with the CRAs and some of been verified already. From my "research here" I think it is time to deliver the 1-2 punch. I just DV'd a CA collecting for Crap One, "they have been engaged" to collect for them. I've also sent my info to a couple of consumer law attorney's here as I have just been so overwhelmed. Whatever they tell me I will post as to provide others with this information.

Thank you so much for responding. I learn more and more everyday!

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To be fair, I spent 4 months researching before I filed my first suit. Looking back, I see how lucky I was that we settled, because I was not ready then.

The suit I am involved in now is the result of 4 years of spending time on boards like this one. Two days is nothing. Remember, it took you YEARS to get where you are, it is not going to get fixed a month, or even in 3 months.

Credit repair is seldom easy, and usually takes a year oir even longer. Even then you have to be vigilant for the rest of your life.

And I do think it is bad form to ask someone to itemize the violations, and list case law for situations. What you are asking is very time consuming legal research. When I file a suit, I often spend days looking up case law. I have literally over 1000 pages of credit related case law on file, and it grows every day.

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Sometimes we tell you to search in a certain place because while we may not know the answer to your question, we can tell you where you might find it. Which is better than ignoring you. Help comes in many forms. Answering the question directly is only one of them, and is only possible when we already know the answer. If we don't, we try to at least point you in the right direction.

Sort of like when you ask someone for directions. You say "Can you tell me where Suchandsuch Road is? It's supposed to be close to a Wal-Mart." Now, I might not know where Suchandsuch Road (your exact question) is, but rather than just ignore you, I could tell you where the Wal-Mart (the FCRA) is. If I don't know where Wal-Mart is exactly, I can tell you how to get to the main shopping area, where Wal-Mart most likely is (the search function). If I don't do any of that, you're still standing there, alone (getting no replies to your thread) and lost.

Unfortunately, though, once you find Wal-Mart, you're on your own. ;) But we'll help you navigate the aisles if we can!!

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>>1. If an applicable field is left blank on a credit report or if n/a is reported when it is clearly applicable, is this a violation and by whom?

There is no law that says a data furnisher must report any information - only that the information be complete and accurate. through my own research of many years I ahve found that the courts have addressed the accuracy part but not the completeness part. ex: Cap one being sued for failure to report credit limits - this is an on going suit and no decision as of yet.

>>2. If a CA is reporting under "Account History" and not under collection agency info or collection accounts, is this a violation and by whom?

I have not been involved much with the CA side or the FDCPA but I would think that they have to properly id the account and since they are a CA then i would think the account should be marked as such.

>>3. If the DOLA varies from CRA to CRA and from report to report from the same CRA, is this a violation and by whom?

There can be only one DOLA and must be reported accurately... so find this date out and dispute as such first with the CRA and then with the data furnisher through reinvestigation if needed.

>>Part two to this question is: If a CA or OC reports inaccurate OR inconsistent information such as DOLA and then starts to report in accurately, would you still be able to sue for a CRA FCRA violation?

The FCRA says a dispute requires an investigation and reinvestigation if still disputed. So if the correction occurs during this process then I would say no.

>>4. When does it become willful non compliance or negligence on the part of the CRA for reporting inconsistent information? What about the OC or the CA?

I offer the following as found through my own research: The only available mitigation of liability for noncompliance with the FCRA is the ability to show that the noncompliance was negligent as opposed to willful. This becomes problematic for the CRA's and the data furnishers, as no malice or evil motive is needed for a plaintive to show willful noncompliance. “To show willful noncompliance with the FCRA, [the plaintiff] must show that [the cra or data furnisher] 'knowingly and intentionally committed an act in conscious disregard for the rights of others,' but need not show 'malice or evil motive.'" Cushman v. Trans Union Corp., 115 F.3d 220, 226 (3d Cir. 1997), citing Philbin v. Trans Union Corp., 101 F.3d 957, 970 (3d Cir. 1996) (citing Pinner v. Schmidt, 805 F.2d 1258, 1263 (5th Cir. 1986), cert. denied, 483 U.S. 1022, 97 L. Ed. 2d 766, 107 S. Ct. 3267 (1987)); see also Thornton v. Equifax, Inc., 619 F.2d 700, 705 (8th Cir.), cert. denied, 449 U.S. 835, 66 L. Ed. 2d 41, 101 S. Ct. 108 (1980).

>>5. What exactly is a time barred debt and what is the rule for collecting and reporting on it?

You have credit reporting time, sol and general collection. Credit reporting time is 7 years, sol time is determined by your own state and general collection is for however long they think they can go back to get you to pay.

>>6. What is the rule on CAs reporting inflated balances? Anyone have an example of how this should look on a CR?

Look to the FCRA for accuracy.

>>Please list the individual FCRA sections that relate to the violation if possible.

§ 601 Short title

§ 602 Congressional findings and statement of purpose

§ 603 Definitions; rules of construction

§ 604 Permissible purposes of consumer reports

§ 605 Requirements relating to information contained in consumer reports

§ 605A Identity theft prevention; fraud alerts and active duty alerts

§ 605B Block of information resulting from identity theft

§ 606 Disclosure of investigative consumer reports

§ 607 Compliance procedures

§ 608 Disclosures to governmental agencies

§ 609 Disclosures to consumers

§ 610 Conditions and form of disclosure to consumers

§ 611 Procedure in case of disputed accuracy

§ 612 Charges for certain disclosures

§ 613 Public record information for employment purposes

§ 614 Restrictions on investigative consumer reports

§ 615 Requirements on users of consumer reports

§ 616 Civil liability for willful noncompliance

§ 617 Civil liability for negligent noncompliance

§ 618 Jurisdiction of courts; limitation of actions

§ 619 Obtaining information under false pretenses

§ 620 Unauthorized disclosures by officers or employees

§ 621 Administrative enforcement

§ 622 Information on overdue child support obligations

§ 623 Responsibilities of furnishers of information to consumer reporting agencies

§ 624 Affiliate sharing

§ 625 Relation to State laws

§ 626 Disclosures to FBI for counterintelligence purposes

§ 627 Disclosures to governmental agencies for counterintelligence purposes

§ 628 Disposal of records

§ 629 Corporate and technological circumvention prohibited

>>Thanks in advance so much for the responses!!!!

YOUR WELCOME!

Please understand that this is only my opinion and YMMV!

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