05-27-2013 05:24 PM
05-27-2013 06:33 PM
Hi and welcome to the forum!
Yes you can sue... you need to find a consumer attorney to take on your case. Several members of our forum, including Community Leaders and fellow moderators have successfully sued in court.
05-28-2013 07:07 AM - edited 05-28-2013 07:08 AM
My credit has been seriously damaged by a false charge applied to my credit report. I have documentation for proof and I have just been turned down for a mortgage. Even though I have the documentation, the bank says they have to go by the score.. I'm devastated...help!
Anyone can sue anyone else for any reason; anyone can file a lawsuit. The problem is getting the court to accept the suit, and winning the suit. Sounds like you may have a very strong case with documentation. As webhopper suggested, find a good consumer attorney and go for it !
05-28-2013 11:32 AM - edited 05-28-2013 11:37 AM
Prior to bringing legal action, it is best, in my opinion, to have first exercised your administrative rights under the appropriate statutes.
That puts you in a stronger postiton prior to trial, compelling the other side to first take required actions, and most importanctly, to provide you certain information prior to any legal action. Additionally, legal action against the reporting party will most likely require showing of at least negligence on the part of the reporting party, as the simple reporting of what is later found to be inaccurate information is not per se a violation of the statute. Gathering information to support such a contention can be assisted pre-trial by certain discovery rights under the FCBA and FCRA.
Any issue over billing on a credit card avails the consumer of the right to file a formal complaint under the Fair Credit Billing Act within 90 days of becoming aware of any billing error. A false charge clearly qualifies. FCBA disputes, unlike FCRA disputes, provide right of the consumer to certain documentation from the creditor.
When did you become aware of the error?
Additionally, use of the identity theft provisions of the FCRA would have provided the right to have the information asserted to not have been authorized by you blocked from your credit report, and thus not an issue known affecting your score or known to your mortagae lendor. It would also have provided the right to compel the creditor to provide alll business records pertainiing to the false charge, thus giving you valuable documenation to use if and when you proceed to legal action. See FCRA 605B regarding credit report blocking, and FCRA 609(e) regarding the right to discovery of business records of the creditor.
That begs the final issue of whether you intend to bring legal action against the creditor for reporting of inaccurate information, or to discover the party who apparently used your identity, and bring action against them. Obviously, that cannot be done without more information.