Number of Violations/Counts

[Winninger]

Am getting ready to file against Federated Department Stores, Equifax and Experian. Just wanted to get my math reasonably close.

Federated provided 12 "derogatory" accounts for my wife and me (6 each). Experian reported 8 of them, Equifax did 4....for another 12 violations. I call that 24 at $1000 each.

[mparksmagic]

I think I remember reading a previous post of yours... Did you own any of the accounts? And you are filing based on violations of FCRA?

[Winninger]

Owned a single Macy's account once upon a time. Mushroomed into 12 accounts, per Credit Report. Suing under FCRA.

[mparksmagic]

Are all the balances the same? Have you disputed with CRA's? I'd try the dispute by phone technique if not. Sometimes you can explain your situation to a person better than having an automated robot scan your letter.

[divemedic]

Remember that under the FCRA, you only have a private right of action for failing to investigate under s-2(.

[IHateCAs]

Eleventy.

[hannah]

You don't have an automatic right to $1k per violation. You could be awarded up to $1k. Could be as little as $100 for willful non-compliance. You can sue for the $1k each but that doesn't mean you'll get it even if you can prove each one. You need to ask yourself about whether or not you have actual damages and be able to prove that aspect as well.

You need to know the difference between the two civil liability statutes and their plain language definitions and be prepared to address whether the non-compliance was either willful or negligent as well as be able to prove it. Good luck!

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1)

(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or

( in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;

(2) such amount of punitive damages as the court may allow; and

(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

( Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

© Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1) any actual damages sustained by the consumer as a result of the failure; and

(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

( Attorney's fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

[Winninger]

Thank you, Hannah. Very helpful.