Fair Credit Reporting Act. You may sue any credit-reporting agency or creditor for breaking the rules about who may see your credit records or for not correcting errors in your file. Again, you are entitled to actual damages, plus punitive damages that the court may allow if the violation is proved to have been intentional. In any successful lawsuit, you will also be awarded court costs and attorney's fees. A person who obtains a credit report without proper authorization or an employee of a credit-reporting agency who gives a credit report to unauthorized persons may be fined up to $5,000 or imprisoned for one year or both.
By definition, a “consumer report” must concern a “consumer” - that is, “an individual.” 15 U.S.C. § 1681a(c). “The purpose of the fair credit reporting bill is to protect consumers from inaccurate or arbitrary information in a consumer report, which is used as a factor in determining an individual's eligibility for credit, insurance or employment. It does not apply to reports utilized for business, commercial, or professional purposes.” Ippolito v. WNS, Inc., 864 F.2d 440, 452 (7th Cir. 1988)
Here are some links to class action suits filed against the credit reporting agencies.
http://classactiondefense.jmbm.com/2006/08/class_action_defense_issuesbeu.html
http://classactiondefense.jmbm.com/2006/07/general_overview_of_the_federa.html
You can research more regarding the laws and facts at these web sites.
Hope this is of help.
2007-12-08 15:02:41
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answer #1
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answered by Sgt Big Red 7
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If they have violated your rights under the Fair Credit Reporting Act, you are better off taking action against them individually rather than through a class action suit...
Sometimes you have to FORCE the credit bureaus to correctly report info...They are much more concerned about their profit than with the accuracy of the info they report. As such, they'd rather not spend the time/money in updating your credit files.
I would think that court documents showing fraud would be sufficient evidence....Re-send the court documents again via Registered Mail with Return Receipt. Include a note stating the you will take legal action for Fair Credit Reporting Act violations if they don't remove the erroneous notation...If this fails...it's time to see an attorney...
2007-12-08 14:36:56
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answer #2
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answered by CatDad 7
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You need to go to the source of the reporting, the agencies only report what the creditors tell them is an outstanding debt. Get something in writing from the original creditor reporting the debt and then send that to the reporting agencies.
Good luck, getting something removed can sometimes be very difficult and until fees are implementing to those reporting false information then nothing will change. Be persistent, don't give up, keep bugging whoever you need to and also keep good records of who you spoke too, date of conversation and all important details, you may need them later.
2007-12-08 19:11:46
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answer #3
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answered by tgllvor 1
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The only people who benefit from a class action lawsuit are the lawyers.
If you have provided proof that the item is fraud and they refuse to remove it, you can sue them. You don't need a class action suit, just a lawyer.
2007-12-08 15:12:14
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answer #4
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answered by bdancer222 7
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there should be for what they and the so called credit score that no one understands does to a person , it would be deemed credit hanging or they may as well take a person out back and put two slugs in the back of his head, what a country. but with the credit crunch affecting the afluent, i have a feeling things will change
2007-12-08 14:35:48
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answer #5
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answered by Ray S 2
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it is not unlawful. this is not any longer permissible for them to envision FICO rankings for pre-employment purposes, nevertheless. they generally can view debts, account information & status, and inquiries. it truly is permissible by FCRA regulations. Like others listed, employers do it to make certain how accountable you're with money. extra often than not economic businesses run credit exams, yet extra employers are commencing to on condition that they sense it famous how trusworthy their applicants are. EDIT: One individual suggested that their score dropped with the aid of employers checking credit - this is truly not actual. while employers examine credit it fairly is a "gentle inquiry" for employment purposes and does no longer impression your actually credit, even nevertheless it is going to teach as an inquiry on your checklist to your person know-how.
2016-11-14 23:21:59
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answer #6
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answered by ? 4
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What is your issue? They only report what the businesses send them. It is up to you as to what is correct and what isa not. If you can prove the report os not valid, they will remove the report. I had several done, but it took a little work on my part. What is is you are concerned about?
2007-12-08 14:27:32
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answer #7
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answered by Bill P 5
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I dont know of any lawsuits by in the last year they have came under fire from Congress.
http://www.epic.org/privacy/experian/
http://www.federalreserve.gov/boarddocs/rptcongress/fcradispute/fcradispute200608.pdf
2007-12-08 14:28:18
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answer #8
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answered by Ezz 6
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What do you want to sue them for, or do you just want to for the heck of it? The credit agencies are repositories of data supplied by lenders and creditors.
2007-12-08 14:34:25
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answer #9
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answered by Anonymous
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