10-08-2008 04:27 PM
I have sent CMRRR letters to EX and EQ regarding a Midland account that isn't mine, and I have multiple (3) Greed Cards for DV letters from Midland, to which they never responded. I also sent a hand-written letter to EX and EQ regardnig MOV and disputing the Midland account.
They both returned with a "we verified this account" but never submitted to me their actual MOV.
I feel I can sue for violations in Los Angeles Superior Court, Small Claims division for a few thousand dollars. Or should I sue in Federal Court, since they're violating Federal Statutes?
Has anyone actually been to court against the CBRs? In Small Claims or Federal? What was the outcome?
10-08-2008 05:01 PM
10-08-2008 06:57 PM
Have you asked CRAs for a FORMAL INVESTIGATION? That's you next step according to the FTC.
Besides, I might file agaist EQ next monday in WA.
I prefer Small Claims, it's easier to deal with - most likely, in a suit against a CRA, they will attempt to move to higher court - I would fight it based on precedent, as consumer statutes have low fixed fines for the purpose of being addressed in Small Claims.
10-09-2008 12:53 PM
I made a request for a Formal Investigation regarding this Midland account, and EQ came back with a simple, one page report claiming that the information is verified.
I guess I'll file suit against EQ, but I'll need to find the exact Code to put into my Small Claims filing; I'll do everything I can to keep t
The penalty for a violation is $1000 per instance, right?
10-09-2008 01:33 PM
I'm not an attorney and YMMV.
The first step is to file complaints with FTC, AG and BBB for violations of FCRA by not conducting a formal investigation when demanded to CRA with proof of their inaccuracy in reporting.
Then send an ITS letter to CRAs to resolve with a reasonable timeframe - one week from receipt shuld be OK.
Here is the language you want:
"Both state and federal laws provide you with the right to have errors corrected. Credit bureaus are regulated under the California Consumer Credit Reporting Agencies Act (California Civil Code section 1785 et seq.), the laws of other states, and the federal Fair Credit Reporting Act (15 USC 1681 et seq.)."
In Small Claim filing, you don't need to quote the statutes, you only need to state the facts: like "Equifax did not run my requested investigation regarding inaccurate information contained in my credit report and continues to report such inaccurate information"
They are two different violations, $1,000 each.
You also have the violation of the CA to FDCPA, continue collection activity by reporting an unvalidated debt - $2,500.
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