brokeinok Posted January 19, 2008 Report Share Posted January 19, 2008 Am I reading correctly that there is no private right of action in reference to violations of FACTA? If that isn't correct, then what is penalty or statutory damages associated with a violation? Link to comment Share on other sites More sharing options...
cjtx Posted January 19, 2008 Report Share Posted January 19, 2008 I think not all of FACTA allows a private right of action, but some of it does. FACTA basically modified FCRA so depending on what statutes got re-written, you may or may not have a private right of action, according to FCRA. Link to comment Share on other sites More sharing options...
brokeinok Posted January 19, 2008 Author Report Share Posted January 19, 2008 what about the non-permissible inquiry part? is that privately actionable and if so what are the statutory damages and what section is it? i've read over it twice now and cannot find it. Link to comment Share on other sites More sharing options...
cjtx Posted January 20, 2008 Report Share Posted January 20, 2008 what about the non-permissible inquiry part? is that privately actionable and if so what are the statutory damages and what section is it? i've read over it twice now and cannot find it.FCRA 604(a)(3)(A). As I understand it, it's a willful non-compliance actionable under FCRA 616(a)(1)(A), but due to the ambiguous language, you probably need to reference the Pintos case. 1 Link to comment Share on other sites More sharing options...
brokeinok Posted January 20, 2008 Author Report Share Posted January 20, 2008 Wonderful! Thanks!Why is the FCRA so much harder to read than the FDCPA? Drives me nuts! Link to comment Share on other sites More sharing options...
cjtx Posted January 20, 2008 Report Share Posted January 20, 2008 Why is the FCRA so much harder to read than the FDCPA? Drives me nuts!Frequent changes/patches due to heavy lobbying by banks, CRAs and JDBs trying to take away consumer rights and minimize their liability. Link to comment Share on other sites More sharing options...
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