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Filing a FCRA suit with the state

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Regular Contributor

Filing a FCRA suit with the state

I've followed all steps required, that would validate a FCRA law suit.  Question is:  Since it seems that Attorneys fees and court costs are awarded as well, if Plaintiff prevails in the complaint, would I be better off hiring a Consumer Credit Attorney to handle the case?  Or should I file on my own.  The entire situation has caused me a great deal of grief.  There are only two derogatory items on my credit report and this one is  100% inaccurate, however,  both the creditor AND two of the credit bureaus have verified the account as accurate three times in the past two months.  The last dispute I filed, included exact details, letting them know that if they could validate the details of how the amount owed was accurate, then the account should be reported as....... etc.  Instead, they still verify.  It's so obvious that they aren't even "investigating" the dispute as I've demanded.  I'm exhausted from dealing with these two baddies.  So, should I hire an attorney?  

Message 1 of 6
5 REPLIES 5
Legendary Contributor

Re: Filing a FCRA suit with the state

Do you understand what the basis would be for a dispute pertaining to inaccurate reporting of information to a CRA?

More specifically, do you understand the requirement of FCRA 623(c) pertaining to when and the basis for bringing private civil action regarding the accuracy of reporting to a CRA, and whether it was willful or negligent?

Section 623(c) prohibits a consumer from bringing their own civil action directly contesting the accuracy of the reporting per se, but rather requries a dispute first be filed with a CRA, with the basis for subsequent civil action then becoming the reasonableness of their investigation of the dispute rather than their having reported inaccurate information.

 

Those are the primary issues that would be required in bringing such a civil action.

If you dont understand those legal and admin requirements of the FCRA, then you would definately need an attorney......

Message 2 of 6
Regular Contributor

Re: Filing a FCRA suit with the state

Thank You, Robert.  I was hoping you'd respond.  I'm guessing I should consult an attorney then.  I'm more interested in forcing the agency to correct and report accordingly, rather than focus on any monetary relief.  However, I feel I've exhausted all of my options to make them comply.

Message 3 of 6
Community Leader
Senior Contributor

Re: Filing a FCRA suit with the state

I can’t tell but have you filed this with the CFPB.

I ask because last year both TU and EX verified my federal tax liens after I disputed them based on the new law.

I filed with CFPB and literally within a week the tax liens were removed from EX and TU.

GL2U
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Message 4 of 6
Regular Contributor

Re: Filing a FCRA suit with the state

Yes, I filed with the CFPB on 10/29 and they're response on 11/6 was that they've reviewed my complaint and I should attempt to resolve dispute with Dept of Education.  Clearly, they didn't even read my complaint, or review my attached documents, or they would've noticed that I had already tried to resolve this with DofE on several occassions over the past 2 months.  I've now also filed complaints with the CFPB Ombudsman, as well as the Attorney Generals office.

Message 5 of 6
Senior Contributor

Re: Filing a FCRA suit with the state

Consumer Attorneys can be great friends. Long story some of which I posted before my DW collects between $5K and $10K in FDCRA with the help of consumer attorney,   because another person has her name, similar birth date and lives nearby. The collection agencies simply insist it is my DW.  Alas they are diferent and the collection agency violates many laws. 

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