The Creditors, Credit Bureaus and Collection Agencies are not going to change their ways unless it is in their best interest to do so. One of these ways is for you to take action legally against these companies when your rights have been violated is to file suite.
Each violation can be a $1000 fine. In the long run, 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 Creditors, Credit Bureaus and Collection Agencies would lose a fortune in legal disputes.
Who
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Why
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Precedent Law
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Fine
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Creditors, if they report your credit history inaccurately
|
Defamation, financial injury |
US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson
vs. Chase Manhattan
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Extent of damages incurred by the wronged party as deemed
by the courts
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Creditors, if you dispute a debt, and they fail to report it as disputed to the credit bureaus | Protection under the FCRA | FCRA Section 623 | $1000 |
Creditors if they pull your credit file without
permissible purpose
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Injury to your credit report and credit score
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FCRA Section 604(A)(3)
|
$1000 |
Credit bureaus if they refuse to correct information after
being provided proof
|
Defamation, willful injury |
FCRA Section 623
CUSHMAN, v. TRANS UNION CORPORATION US Court of Appeals for the Third Circuit CourtCase 115 F.3d 220 June 9, 1997, Filed (D.C. No. 95-cv-01743).
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Extent of damages incurred by the wronged party, as deemed
by the courts
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Credit bureaus if they reinsert a removed item from your
credit report without notifying you in writing within 5 business days.
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Consumer protection afforded by the FCRA
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FCRA Part (A)(5)(B)(ii)
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$1000
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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)
|
$1000
|
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
(c) Running of the reporting period |
$1000
|
If you dispute a debt, the collection agency fails to report it disputed to the credit bureaus | Protection under the FDCPA | FDCPA Section 807(8) | $1000 |
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
Section 809 (b),
FTC opinion letter Cass from LeFevre
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$1000
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Collection agencies if you have sent them a cease and
desist letter and they still call you
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Consumer protection afforded by the FDCPA
|
FDCPA
Section 805 (c)
|
$1000
|
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),
FTC
opinion letter Cass from LeFevre
|
$1000
|
Collection agencies if they:
- Cash a post-dated check before the date on the check
- Cost you money by making you accept collect calls or
COD mail
- Take or threaten to take any personal property
without a judgment
|
Consumer protection afforded by the FDCPA |
FDCPA 808 Section |
$1000
|
If a collector calls you after 9 PM at night or before 8 AM
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Consumer protection afforded by the FDCPA
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FDCPA
Section 805. (a)(1) |
$1000
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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.
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Consumer protection afforded by the FDCPA
|
FDCPA
Section 805. (a)(3)
|
$1000
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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.
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Consumer protection afforded by the FDCPA
|
FDCPA
Section 805. (b)
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$1000
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The collection agency can not use any kind of harassment
or abuse**
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Consumer protection afforded by the FDCPA
|
FDCPA
Section 806
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$1000
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Collector cannot claim to garnish your wages, seize
property or have you arrested ***
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Consumer protection afforded by the FDCPA
|
FDCPA
Section 807
|
$1000
|
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
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Consumer protection afforded by the FDCPA
|
FDCPA
Section 811 (a) (2)
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$1000
Also a good grounds for getting a judgment vacated
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***If the collection agency gets a judgment against you, then they will be able to garnish your wages and seize property, but until that time, no.