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ROSENTHAL VIOLATIONS BY OC... MAYBE?


abstruse
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Reading/researching further about my situation with an OC.

 

A Reporting bank in California is reporting an $500 OPEN UNSECURED LOAN on my Experian & Equifax CRs.

 

The account referenced is actually a checking account that was closed due to overdrafts/return fees with another bank. The original bank refunded all overdraft/return fees (after I told them I should not be made liable for their inability to freeze the account when I requested it) but $79. This $79 was charged off when the original bank closed the account.

 

Original bank was bought out by Reporting bank shortly thereafter.

 

Per the Rosenthal Act (California Civil Code Section 1785.25-1785.26) I see a few violations by this reporting bank or am I just seeing things?
 

1785.25.  (a) A person shall not furnish information on a specific transaction or experience to any consumer credit reporting agency if the person knows or should know the information is incomplete or inaccurate. 

e) A person who places a delinquent account for collection (internally or by referral to a third party), charges the delinquent account to profit or loss, or takes similar action, and subsequently furnishes information to a credit reporting agency regarding that action, shall include within the information furnished the approximate commencement date of the delinquency which gave rise to that action, unless that date was previously reported to the credit reporting agency. Nothing in this provision shall require that a delinquency must be reported to a credit reporting agency.

**REPORTING BANK SHOULD HAVE ACCESS TO THE ACCURATE INFORMATION. (i.e. that account has been charged off & balance is not $500)

Is the OC then in fact in violation? Please advise.

 

I have disputed this tradeline with Experian and I am in the process of sending a dispute to Equifax. I will wait for their results of the CRAs investigation before I send the OC a 623 letter. 

 

Thanks! 

 

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AB,

 

First this is not a Rosenthal Act violation, the statutes you are quoting are from the Fair Credit Reporting Act for California.  Rosenthal deals with debt collection is at Civil Code 1788.00.

 

Next there is no statutory fine or amount, meaning you would have to prove your damages.  Denied credit or increase in interest rate cause you to pay more.  These are not easy to prove in court.

 

Not trying to rain on the parade, just alot more difficult to get any money from the otherside.  Now if you are only interested in getting the listing fixed, filing a suit might do the trick...

 

Best of Luck

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thank you for the reply. not trying to get any money just want them off my credit report.. they have been reporting this inaccurately since 2011. i am just now gathering up the courage to fix my credit. i was going through all the old unopened letters when i found the old letters/banks statements from original bank.

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