dano009 Posted January 12, 2008 Report Share Posted January 12, 2008 Can anyone chime in on whether a consumer has a private right of action if a furnisher of information (CA) fails to note their tradeline as disputed? I know that a consumer can only sue a furnisher if disputed through the CRA and can only sue then under 623(. I've read it's a FCRA violation for the CA not to mark their tradeline as being disputed, all assuming of course a consumer actually disuptes with CA. I know a consumer has a cause of action under the FDCPA. I'm just trying to determine if a FCRA cause of action exists also. I'm trying to find addtional leverage to use against a CA for negotiations purposes.Thanks. Link to comment Share on other sites More sharing options...
Rick9972 Posted January 12, 2008 Report Share Posted January 12, 2008 It is a violation of FCRA, however you have no private right of action. Possibly you can get some mileage out of it by stating that not only have they broke 1 Federal law, but another one also.File a complaint with your state's AG. The AG does have right of action. You will get nothing out of it, but it puts pressure on the CA. Link to comment Share on other sites More sharing options...
dano009 Posted January 13, 2008 Author Report Share Posted January 13, 2008 Here's my dilemma. It appears opinion is split on this issue. Failure to mark a tradeline as disputed by a consumer when in fact it is, is clearly a violation of 623a(3), which we all know there's no right of private action. Other contend it's also a 623b violation. The language isn't on point in that respect, so I assuming we have to hang our hat in the reinvestigation language of 623b. If that is so, how would one argue that point? Link to comment Share on other sites More sharing options...
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