beeboah Posted February 10, 2007 Report Share Posted February 10, 2007 example 1) CRA reinserts, so I contact them to fix, hoping they won't so I can sue them.They fix it so I can't sue for willful violation unless I have actual damages. I understand that.but I don't understand this:example 2) CRA calls your dispute frivolous, but doesn't give you the required notice within the required time.Why can't I just sue then and there?I am confused.Thanks! Link to comment Share on other sites More sharing options...
SOC Posted February 11, 2007 Report Share Posted February 11, 2007 or sue about reinserts without notification? as long as you have proof. that may be why they removed it.. lol Link to comment Share on other sites More sharing options...
beeboah Posted February 11, 2007 Author Report Share Posted February 11, 2007 I posted my title wrong, but you can't edit the title after you have posted which I think is rediculous.Anyways, you can sue whenever a violation happens?You don't need to make it willful?Example 1 was hypothetical. In fact, they didn't remove their reinsertion. I have asked them to. The "meat" of the matter would be the following question:Could I have just sued?Thanks! Link to comment Share on other sites More sharing options...
hannah Posted February 11, 2007 Report Share Posted February 11, 2007 Look to caselaw to see what if anything has been deemed willful in your federal district or circuit and/or what the criteria to prove may be. It may not be necessarily spelled out otherwise.For an example, read this for an explanation of how to prove negligent reporting in the 11th. Link to comment Share on other sites More sharing options...
beeboah Posted February 11, 2007 Author Report Share Posted February 11, 2007 Thanks for this information, but I would still need to know if it is ok to sue for negligent outright violations of the FCRA. Link to comment Share on other sites More sharing options...
hannah Posted February 11, 2007 Report Share Posted February 11, 2007 Your right to sue is statutory under the FCRA. You don't have to prove they did it willfully, just that they did it. Link to comment Share on other sites More sharing options...
beeboah Posted February 12, 2007 Author Report Share Posted February 12, 2007 Your right to sue is statutory under the FCRA. You don't have to prove they did it willfully, just that they did it.Thank you for helping me to understand. Link to comment Share on other sites More sharing options...
beeboah Posted March 5, 2007 Author Report Share Posted March 5, 2007 ...sorry, but one more IMPORTANT thing....What if they correct it?Can I sue for statuatory violations if the OC or CRA corrects their mistake?That is the million dollar question!! Link to comment Share on other sites More sharing options...
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