I agree with much of what you have said. While some may misinterpret the statutues, I see nothing sinister or illegal in most of the CRA activities you have described. Anyone knows that a lot of what is on the net is crappy information, but the correct information is also there.
Dont think that what a court can require is the same as what you can requaire absent a legal proceeding. For example, a CA never, under the FDCPA, has any legal obligation to provide debt verification in response to your DV letter, but once in court, the court can compel it through legal discovery.
1. PACER (Public Access to Court Electronic Records) is a well know database of all federal court decisions, and anyone can access it. The user must pay a fee for each inquiry. It is not a private "company," it is run as a part of the federal judiciary. It cannot be used to varify most things in your CR. It only incorcorates federal dsitrict, appellant, and bankruptcy court cases. State civiil and criminal cases are not in PACER. If a CRA has used PACER to verify a bankruptcy, that is their right to access public information. When you are in court and avail y0urself of the legal discovery process, yes, they can be required to notify you of this. But not without court santioned discovery.
2. I can understand why a state court would not hold a CRA in violation of FCRA 611(a) simply for failure to respond to your dispute within 30-days. Faiure to respond in 30-days brings on the requirements of FCRA 611(a)(5), and failure to comply with those requirments should probalbly been raised as a sepate federal action for violation of the FCRA. If not dispositive of your small claims action, state ruling would be nothing more than dicta anyway.
3.No CRA is ever required to delete anything from their credit files .It is not sinister tfor the CRA to be maintaining any records they wish to retain. What is required under the various provisions of FCRA 605(a) is simply that a CRA cannot normally post certain derogatory information in any CR they issue after those dates. They can continue to even report the account, absent the derogs. There is a very good legal reason for a CRA to retain data, and that reason is that the CRing limitations of FCRA 605(a) are not absolute. There is a blanket exemption in FCRA 605(b) for future credit transactions involving a principal amount of $150,000 or above.
4.Anyone can go to a court house to obtain public records
5. CRAs will show up in court if a named party in your actrion, or if summoned. If not,they wont come.
