Tips When Filing a Lawsuit Against a Credit Reporting Agency
Written by: Kristy Welsh
Last Updated: October 21, 2017
We came upon these tips from creditnet.com. Hopefully this information will make is easier for you to file a lawsuit against a credit reporting agency. Since so many are trying to trip up the CRAs, here's some hints from all the cases we have read on our discussion forum.
- Large award overturned on appeal because file was only seen by consumer, not a lender (def: consumer file is one disseminated to a someone else... you don't count).
Lesson: Apply somewhere and let someone other than you see the file.
- Get harmed! Get denied somewhere. Apply for employment and have it be an issue. Set up definitive harms to complain about.
Lesson: Get denied for each CRA you're suing.
- Create a paper trail and document everything. Send all letters certified registered mail. Get copies of their procedural descriptions. Get lenders to send you a letter verifying CRA no contact.
Lesson: Trap them in writing. If it's not in writing it doesn't exist.
- Good idea to dispute it all and dispute it twice. The CRAs lie so quickly what's the big deal another month? Because a dispute done more than once is SUPPOSED to get more consideration. If they lie to you again, they are violating the higher standard.
Lesson: Do it twice but then set up and intend to sue. Anything over two times is a waste of your time.
- Dispute directly with the lender, too, because they're supposed to put on your report that the line is in dispute. Rarely, if ever, is this done. Another violation. But you must have a COPY of your report after you contact the lender and dispute it.
- READ the FCRA inside and out. Make a list of all the errors they can have. Try to get them to make those errors.
- Once you're gathered your case, write one last letter to their legal dept. Site cases, send copies with highlights. Fax them, call them. Be a pain in their assets.
- Look for every error and dispute every little one. It makes them look more incompetent and you'll get them all corrected/ off when you catch them on FCRA violations, etc.
- By the way, FCRA is a weak law. Difficult to use as a big hammer. You can use it, but defamation is better and negligent enablement of identity fraud is good. Read up on it all so you know what to say. Use a shotgun approach. If you're right on 2/5 you're still got them. Use it all and let a judge throw out what does not apply.
Lesson: Sue them for it all.
- Don't jump the gun. Get it all together then do it right. A threat is one thing, real proof is another. If you say you're filing and they don't fix it all, file. If you're not prepared to at least file in small claims court then you might want to just keep disputing.
Please note: WE ARE NOT ATTORNEYS. If you are being sued, it's always a good idea to hire an attorney or get some legal assistance. If you cannot afford an attorney, a lot of people have handled their cases pro per or without a lawyer. Our articles are meant to provide basic information on handling litigation.