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Suing in small claims court is often called the "poor man's class action lawsuit." |
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| You know the old sayings, "Money talks" and "Vote with your dollars." Well, most companies (the credit bureaus and creditors included), are not going to change their ways unless it is in their best interest to do so. All of these companies have stockholders to report to, so if one of their practices is costing them a better bottom line, you better believe they will act to change their ways. One of these ways is for you the consumer, to take action legally against these companies when your rights have been violated. |
| Profit while helping others |
| The best news is that typically, each violation can be a $1,000 fine, so it's money in your pocket. In addition, you are going to help make someone else's life better by suing someone who has broken the law. If everyone took action when their rights were violated, the credit bureaus would lose a fortune in legal disputes. It's time to protect your rights as a consumer as well as protecting the rights of your fellow United States citizens. |
| Who |
Why |
Precedent/Law |
Fine |
| 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 |
| Creditors, if you dispute a debt, and they fail to report it as disputed to the credit bureaus |
Protection under the FCRA |
FCRA |
$1,000 |
| Section 623. |
| Creditors if they pull your credit file without permissible purpose |
Injury to your credit report and credit score |
FCRA Section 604 (A)(3) |
$1,000 |
| Credit bureaus if they refuse to correct information after being provided proof |
Defamation, willful injury |
FCRA Section 623 |
Extent of damages incurred by the wronged party, as deemed by the courts |
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| FCRA Section 623 CUSHMAN, v. TRANS UNION CORPORATION US Court of Appeals for the Third Circuit Court Case 115 F.3d 220 |
| June 9, 1997, Filed (D.C. No. 95-cv-01743). |
| Credit bureaus if they reinsert a removed item from your credit report without notifying you in writing within 5 business days. |
Consumer protection afforded by the FCRA |
FCRA Part (A)(5)(B)(ii) |
$1,000 |
| Credit bureaus if they fail to respond to your written disputes within 30 days (a 15 day extension may be granted if they receive information from the creditor within the first 30 days) |
Consumer protection afforded by the FCRA |
FCRA Section 611 Part (A)(1) |
$1,000 |
| Collection Agency can NOT be BOTH |
Protection under the FDCPA |
Gearing v. Check Brokerage Corp |
$1,000 |
| purchaser and 'assignee' |
233 F.3d 469 (7th Cir. 2000) |
| it's one or the other |
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| Misrepresentations by the collector about |
Protection under the FDCPA |
Gearing v. Check Brokerage Corp |
$1,000 |
| themselves or the debt |
Cacace v. Lucas, 775 F. Supp. 502, 505 (D. Conn. 1990) |
| are actionable regardless |
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| of intent |
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| Creditors or collection agencies, and credit bureaus if they try and "Re-age" your account by updating the date of last activity on your credit report in the hopes of keeping negative information on your account longer |
Consumer protection afforded by the FCRA |
FCRA Section 605 |
$1,000 |
| (c) Running of the reporting period |
| If you dispute a debt, the collection agency fails to report it disputed to the credit bureaus |
Protection under the FDCPA |
FDCPA |
$1,000 |
| Section 807(8) |
| Collection agencies if they do not validate your debt yet continue to pursue collection activity (file for judgments, call or write you) |
Consumer protection afforded by the FDCPA |
FDCPA |
$1,000 |
| Section 809 (b), |
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| FTC opinion letter Cass from LeFevre |
| Collection agencies if you have sent them a cease and desist letter and they still call you |
Consumer protection afforded by the FDCPA |
FDCPA |
$1,000 |
| Section 805 (c) |
| Collection agencies if they have not validated your debt and they still continue to report to the credit bureaus |
Consumer protection afforded by the FDCPA |
FDCPA Section 809 (b), |
$1,000 |
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| FTC opinion letter Cass from LeFevre |
| Collection agencies if they: - Cash a post-dated check before the date on the check |
Consumer protection afforded by the FDCPA |
FDCPA 808 Section |
$1,000 |
| - Cost you money by making you accept collect calls or COD mail |
| - Take or threaten to take any personal property without a judgment |
| If a collector calls you after 9 PM at night or before 8 AM |
Consumer protection afforded by the FDCPA |
FDCPA Section 805. (a)(1) |
$1,000 |
| Calls you at your place of employment if the debt collector knows or has reason to know that your employer prohibits the consumer from receiving such communication. |
Consumer protection afforded by the FDCPA |
FDCPA Section 805. (a)(3) |
$1,000 |
| Calls any third part about your debt like friends, neighbors, relatives, etc. However they can contact your attorney, a consumer reporting agency, the creditor, the attorney of the creditor, or the attorney of the debt collector. |
Consumer protection afforded by the FDCPA |
FDCPA Section 805. (b) |
$1,000 |
| The collection agency can not use any kind of harassment or abuse** |
Consumer protection afforded by the FDCPA |
FDCPA Section 806 |
$1,000 |
| Collector cannot claim to garnish your wages, seize property or have you arrested *** |
Consumer protection afforded by the FDCPA |
FDCPA Section 807 |
$1,000 |
| Collector must you in a county in which you lived when you signed the original contract for the debt or where you live at the time when they file the lawsuit |
Consumer protection afforded by the FDCPA |
FDCPA Section 811 (a) (2) |
$1,000 |
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| Also a good grounds for getting a judgment vacated |
;)
;)
