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Ok, from what I have seen/read you cannot stack FDCPA violations but you can FCRA. Is this correct?

So does this mean what I think it does...under FDCPA I have to file a seperate suit for each violation and each instance of those violations? And then in turn be thrown out or filed against for Malicious prosecution?

On that if I file suit and the creditor in turns files suit for the alleged debt can I file for Malicious prosecution? Just curious...

Under TFC 392 and then bringing in TDTPA can you stack violations?

If I file FCRA violations in fed court can I still file TFC violations in state?

Not for the same violation of course but seperate ones commited by the same people.

Trying to figure out the best way to go about going after slimeballs. Every lawyer I have spoken with wants 1500-3500 bucks retainer for FCRA violations and even though they are in TX they seem ignorant to state law. Contingency guys only deal with slam duck easy cases of FDCPA (you know...calling racial names and such).

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Ok, from what I have seen/read you cannot stack FDCPA violations but you can FCRA. Is this correct?

So does this mean what I think it does...under FDCPA I have to file a seperate suit for each violation and each instance of those violations? And then in turn be thrown out or filed against for Malicious prosecution?

On that if I file suit and the creditor in turns files suit for the alleged debt can I file for Malicious prosecution? Just curious...

Under TFC 392 and then bringing in TDTPA can you stack violations?

If I file FCRA violations in fed court can I still file TFC violations in state?

Not for the same violation of course but seperate ones commited by the same people.

Trying to figure out the best way to go about going after slimeballs. Every lawyer I have spoken with wants 1500-3500 bucks retainer for FCRA violations and even though they are in TX they seem ignorant to state law. Contingency guys only deal with slam duck easy cases of FDCPA (you know...calling racial names and such).

Though it will take you more time, you may have better luck and less financial strain by representing yourself prose.

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MehtaMar,

That's the plan, but need to figure out some of these types of questions. I know the law somewhat. I know for sure a long list of violations by several of the guys on my CR, what I don't know is the basics of actually building and filing the case. For example is each month they run something false an additional violation? So can I really bring a FRCA or TFC suit for over 100k against them? Or do I have to go 1 at a time and just go with the easy ones.

If it's 1 at time, well when they are claiming 3-5k each if I can only get 1k from them it doesn't give me much leverage.

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Look to your Texas law on this one, my friend. TX law is very debtor-friendly.

But if you sue under FCRA you can use 100 violations in one suit, but the max. you can get PER ACTION (per lawsuit) is 1K. Don't even think about suing one suit per violation, you will get reprimanded, like you thought.

If you sue them, can they sue you for the debt? Sure they can, if it's within SOL. Hell, even if it's past SOL, the DEFENDANT has to bring it up (affirmative defense)

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Look to your Texas law on this one, my friend. TX law is very debtor-friendly.

But if you sue under FCRA you can use 100 violations in one suit, but the max. you can get PER ACTION (per lawsuit) is 1K. Don't even think about suing one suit per violation, you will get reprimanded, like you thought.

If you sue them, can they sue you for the debt? Sure they can, if it's within SOL. Hell, even if it's past SOL, the DEFENDANT has to bring it up (affirmative defense)

Thanks,

I know they can sue, they could do it now if they were so inclined. I was just wondering if you could use Malicious prosecution in return. After looking into it more it looks like if I sue and win, then they sue and lose I may be able to use this, but I would have to be very careful and ensure it is truly warranted.

Anybody know if I can stack under TFC 392 (and tie in TDTPA violations).

A couple of the companies I am dealing with have (in my eye anyway) intentionally and maliciously reported wrong information in an attempt to do as much damage to my credit worthiness as possible. The debt they allege ranges from $2500 to $5000. They are not CA, but OCs so I can't use the basic FDCPA violations against them (even though one claims it is being handled by a CA, CA claims they know nothing and the OC is the one reporting). TFC 392 includes OCs so I can use this, but Texas versions of FCRA are not user friendly from what I saw. I saw nothing about personal action or civil liabilities, only criminal charges (100 bucks a pop IF you can get someone to prosecute it).

I just have to find a way bring a suit in excess of what they are claiming I owe so that it either 1. forces them to drop it all; or 2. I win enough so that it exceeds the amount they claim I owe.

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Since these are all federal statutes, I would list each one as a separate count of the complaint. I don't think the court would want three different lawsuits involving the same plaintiff and defendant, they would just consolidate them.

"Count One: As to the defendant XXXX, Violation of the FDCPA."

"Count Two: As to the defendant xxxx, Violation of the FCRA"

etc.

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Since these are all federal statutes, I would list each one as a separate count of the complaint. I don't think the court would want three different lawsuits involving the same plaintiff and defendant, they would just consolidate them.

"Count One: As to the defendant XXXX, Violation of the FDCPA."

"Count Two: As to the defendant xxxx, Violation of the FCRA"

etc.

After further reading, looks like I'll be filing 4 sperate suits for FCRA violations. I think this will be my best bet. Now to just figure out format and forms and all. I had not looked into actual case law (and damages) with FCRA before and it can skyrocket quickly with these types of willful violations.

Also, since the CBs reported this information month after month after my disputes I can name them as co-defedants correct?

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Be advised that case law on the FCRA is split. Some cases say that only the CA can be sued directly, others say that the OC providing the info can be sued, but only under a libel or slander type of statute with the violation as support. One tactic posted by one of our attorneys says sue both and let them fight amongst themselves. I like that one. What do you care? It's like two guys hit your car, sue them both and let them decide liability. One will rat the other out in a heartbeat.

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Actually I will be filing against 4 seperate OCs and naming TU and Experian as codefendants if possible, since they were responsible for verifing my disputes, not doing so, reinsertion with no notice per FCRA after letter of deletion.

With these there were once a CA in two of the cases, both it was one letter and back to OC. OC's been reporting this all along and attempting to collect. As a matter of fact one did collect. In full March of 2011. Now they are reporting the charged off the debt in July 2011 and not reporting it as paid. Not to mention all the false late payments (about 1 a year) they are reporting.

Others just like to say it was paid in aug, charged off in Sept. Then check the CR the next month and it would say paid in sept, charged off in oct. Next month oct/nov. Things like that. I would dispute month after month but Experian (mainly) just let's them keep reporting BS like that. One month they even were saying I filed BK in 09.

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One suit, even if these are so varied infraction by completely different companies?

Me vs Scumbag 1,2,3,4, tu, and xperian.

Count 1 furnishing false information

After disputing these alleged debts with tu/xp scumbag 1 changed the dates from 2008 to 2011. Scumbag 2 changed dates from 2007 to 2011. Scumbag three sat there with a grin on his face as he still reported the tradeline twice.

next month repeat, but changed months again

months again

scumbag three deleted one tl, but changed dates

etc etc?

Count 2 Reinsertion of deleted TL

this date TU deleted. This date added back. Ignored request for information regarding how it was verified, who/when/what/where

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The standard is whether the suit(s) filed arise from the same set of circumstances and the same parties. You hire six guys to work on your house, and they all do a bad job. You don't file six suits, you file one naming all the defendants. The court will apportion damages. In federal cases like this, the damages are already set by statute. No apportioning required. You are using 4 different defendants, but you are suing them all under the same statute for the same basic offense. Why pay four times the filing fees, only to have the court order consolidation? These cases are hard enough to prove without having to do it 4 times. Counts name the statute they violated, not how they violated it.

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Thanks for the info.

Under willful negligance (which I will be going after, and feel it's a strong case since they started changing stuff as soon as I disputed which dropped my credit score 100 points in a couple days...as I was going to buy a car). there will be punitive damages, so there will be apportion. There are different violations as well, so I'll have to figure how (if) you can name some defendants for some violations and others for others.

And I see you reasoning for it, and believe me I want to go the simpliest way possible. Only with my case here, there is no real simple anything.

I was looking at Garza vs. Sallie Mae (and the reasons part of the claims were thrown out) and in that case they had filed TFC, TDTPA, and FCRA together. I was under the impression you could only do state or fed, not a combo of both. If you can get the TFC and TDTPA charges to stick, that would lock even the FCRA instate court wouldn't it?

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Negligence is a state tort. Suing under the FDCPA or FCRA gives you statutory relief, the equivalent of a fine. If you add negligence to a federal complaint they will most likely throw it out. The federal statutes can be used in state court, if you want to try some sort of negligence charge, that would be the proper venue. Willful is a bit of a loser, that indicates intent. Very hard to prove that a credit agnecy intentionally did something to harm you. Statutory negligence is better. Then all you have to show is that they have some legal duty to do or not do X and they did it anyway.

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At least under FCRA negligent noncompliance carries actual damages only. Willful carries punitive damages.

I think I have a darn strong case for willful, but you bring up a good point. If I cannot prove willful, will negligent noncompliance still apply? Or would they win on the basis of I sued for willful and it was only found to be negligent?

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I am not that familiar with this statute, but you would probably have to prove that you informed them of a dispute and they went ahead and reported anyway. That might work. I think it is treble damages. Worth a shot. They'll want to settle, or they'll all have to pay attorneys to defend this against themselves as well as you.

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It wasn't a case of went ahead and reported it, it was a case of because I disputed they changed the information to make it look more recent instead of several years old. To me, if a person disputes the debt entirely, and the furnisher changes a couple year old tradeline to say it was a month old instead and then after several disputes one of these arsehats reports I petitioned for BK along with changing the dates every month that is pretty willful and not a negligent error.

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