Jason Posted January 9, 2009 Report Share Posted January 9, 2009 Can you sue for just FCRA violations?Or will that just get thrown out? Link to comment Share on other sites More sharing options...
legal_loansharking Posted January 10, 2009 Report Share Posted January 10, 2009 Yes you can, but dont open up a can of worms if you actually owe them money, better hire a lawyer to sue, he/she will include counsel fees in the claim if you have a legitimate claim. Link to comment Share on other sites More sharing options...
nascar Posted January 10, 2009 Report Share Posted January 10, 2009 What can you document as actual damages? Link to comment Share on other sites More sharing options...
Jason Posted January 10, 2009 Author Report Share Posted January 10, 2009 Please note I am not being sued. I paid my car off and payment history has been inaccurate.1.Sent a 623 dispute and they left out a entire year of payment history when they were supposed to give me all the payment history.Wouldn't this one fall under violating the 623 for not giving me full payment history?Anyone know if this is a violation? (I sent a 623 and they sent me only partial payment history. They left out an entire year.)2. Disputed 16 times with two credit bureaus and they never marked the "account in dipute reported by subscriber".They verified the account as correct when it is reporting payment history inaccurately.I found this link. It says I can sue "Creditors, if you dispute a debt, and they fail to report it as disputed to the credit bureaus" It is in the second box down.http://www.creditinfocenter.com/eBoo...nLawsuit.shtmlI just read if Creditors if they report your credit history inaccurately Defamation, financial injury US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan Extent of damages incurred by the wronged party as deemed by the courts http://www.creditinfocenter.com/eBoo...nLawsuit.shtml3. They charged me two fees and will not explain what they are for.It just say mis. fee $85.00, and they won't tell me why or what the two fees were for.I have tried to get this corrected for over a year and half! They don't care! I am patient and have given them ample time to fix errors.I just don't know what else to do. I have proof of all of it too.Two credit reports showing different payment history;Credit report disputes coming back verified on 15-16 occations;and two certified letters sent to the company, along with their replies of "we show it is accurate." So that is the proof I have. I just have had it with them. I also checked the BBB, and their grade with the BBB is a "D".They are a off the wall bank who charged me 25% interest for my car.My credit was horrible back then, way worse than it is now.However... I learned that in most states it is illegal to charge that much interest. But it was legal in my state to charge that much interest. So basically I am just showing you what type of place I am dealing with here. Link to comment Share on other sites More sharing options...
nascar Posted January 10, 2009 Report Share Posted January 10, 2009 Anyone know if this is a violation? Why do you keep asking the same question? There are very few things you can sue for under the FCRA. Failure to provide you with the entire payment history of an account is not one of them. Failing to report an account as disputed is an s-2(a) violation and carries no private right of action. And unless you can PROVE willful noncompliance under the sections that DO allow private action, you must prove actual damages in order to prevail. So what, exactly, is inaccurate about the way the account being reported, and how have you been damaged by the way it is being reported? Link to comment Share on other sites More sharing options...
Jason Posted January 10, 2009 Author Report Share Posted January 10, 2009 Nascar, I asked the question in a different forum here at CIC a week ago and no one answered my question except you and was hoping for others to answer also to get more insight than just one opinion. (No offence.) Payment history is inaccurate. It is just I am frustrated they won't change anything when I have proof of two credit reports reported different payment history and will not change it.Why does CIC have it posted that you can sue your creditors for not marking your "account in dispute" when you dispute it with the credit bureaus and it comes back verified?http://www.creditinfocenter.com/eBooks/PoorMansClassActionLawsuit.shtmlsecond box down. How come this site has it posted that I can sue, when I can't. Am I missing something?I spend time sending a 623 and they are not required to send me complete payment history? What is the point of the 623 then?I am sure you can understand my frustration with all of this if you read everything in this thread. I just want a clear understanding of this. Not looking for any arguements at all just an understanding that's all. I thought I would come to this section to get more input because it is the legal section of CIC. If I can't sue for not marking the account in dispute on 16 occations of me disputing it with the credit bureaus and the creditor not marking the account in dispute and refusing to correct their mistake; what can I do to get them to correct it? Link to comment Share on other sites More sharing options...
willingtocope Posted January 10, 2009 Report Share Posted January 10, 2009 Well, here's my opinion and comments...You can sue if they send you letters on blue stationary. Will you win? Unlikely. You can sue if they fail to mark your TL's "in dispute". Will you win? If that's all you've got, again, unlikely.You should intrepret the suggestions on the CIC portion of the board as "possible causes of action". One of them, by itself, is probably not enough to win. You're going to need several. And, most likely, you're going to need a fair amount of evidence that you were harmed in someway by their failure to follow the law. And, you're going to need some evidence that says all this was intentional. If the defendent (with lots of big time lawyers) can claim "clerical error" and say "whoops, our bad"...the judge is likely to dismiss the case. Link to comment Share on other sites More sharing options...
Jason Posted January 10, 2009 Author Report Share Posted January 10, 2009 Maybe they will fix it at least. That is really all I have been asking for. Link to comment Share on other sites More sharing options...
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