Rick9972 Posted December 28, 2007 Report Share Posted December 28, 2007 FCRA is like a "Get out of Jail Free CArd" for CA's!!!!!! They can report anything and are protected from Federal and State Laws.Now the question is if they report something that is also a FDCPA violation, can they claim FCRA exemption to FDCPA and from State laws?Read this article:http://209.85.165.104/search?q=cache:ZC95CB_P3j4J:www.infinitecredit.com/forums/attachments/credit-repair-forum/477d1164337977-fcra-actual-damages-caselaw-fcra-limits.pdf+John+and+Julie+Stafford+vs.+Cross+County&hl=en&ct=clnk&cd=4&gl=us Link to comment Share on other sites More sharing options...
cjtx Posted December 28, 2007 Report Share Posted December 28, 2007 FCRA limits the kinds of things you have a private right of action, but if you play your cards right, you can still use it to your advantage.It's true you can't sue a furnisher of information for lying, even if you disputed with him and gave him an opportunity to investigate/correct the records. That's why it's VERY IMPORTANT to ALSO dispute it with the CRAs. Once the CRAs contact the furnisher of information and they verify it, you have a cause of action.Take a look at FCRA 623(. Link to comment Share on other sites More sharing options...
Rick9972 Posted December 28, 2007 Author Report Share Posted December 28, 2007 Actually in my case the violations are also FDCPA violations. Can a CA claim FCRA protection from FDCPA violations? Link to comment Share on other sites More sharing options...
cjtx Posted December 28, 2007 Report Share Posted December 28, 2007 Actually in my case the violations are also FDCPA violations. Can a CA claim FCRA protection from FDCPA violations?Simple answer: No. FCRA preempts conflicting state laws that could be more "consumer friendly", but it was not meant to preempt other federal laws such as FDCPA.In one of my cases, an OC tried to invoke protections under FDCPA, basically that FDCPA didn't apply to them because they are not a CA and that the SOL was only 1 year, but in FDCPA, as opposed to FCRA, there is no conflict with state law if your state's law offers more protection than the one available under FDCPA. In my state, an OC can be treated as a CA under very similar statutes as FDCPA. Link to comment Share on other sites More sharing options...
Recommended Posts