Filing Suit

THESE ARE SOME OF THE FEDERAL LAWS THAT WE USE
TO FORCE THE INFORMATION GATHERING COMPANIES TO
REMOVE NEGATIVE ITEMS FROM OUR CLIENT’S FILES!!!
Filing Suit
If all else fails, you may consider asking the courts for help. Suing in small claims court has sometimes been called the “poor man’s class action lawsuit”. Not only can this be effective in helping to solve your immediate problem, it can help effect long-term changes in some of the credit and collections practices. If enough consumers are successful in enforcing the consumer protection laws, which will cost these corporations real dollars to fight and in judgments paid, ultimately, their practices will change to cost them less money.
The best part is, a single violation of consumer protection laws can make the violator liable for $1,000 to $2,500 in statutory (that means automatic) damages, once you prove the violation in court. The very reason for these statutory damages is to encourage consumers to take these violators to court.
Here’s some more information to help you get started:
Who Why Precedent/Law Damages
Creditors that report your credit history inaccurately Defamation, financial injury Nelson vs. Chase Manhattan
US Court of Appeals, Ninth Circuit, No. 00-15946, decided 03-01-2002 Damages incurred by injured party, as proven in court
Creditors that pull your credit report without permissible purpose Injury to your credit report and credit score FCRA § 604 (a)(3)

Andrews v. TRW Inc.
US Court of Appeals, Ninth Circuit, 225 F.3d 1063, decided 10-04-2000

FTC Staff Opinion Letters: Coffey, Bauchner, Throne, Gowen, Benner, Woolford, Landever, Long, Tatelbaum, Tatelbaum (#2) Statutory damages of $2,500 for each proven violation
Creditors, Collection Agencies, or Credit Bureaus that ‘re-age’ your account by falsely updating the date of last activity on your credit report to keep negative information longer on your report Consumer protection provided in the FCRA FCRA § 605 (c) Statutory damages of $1,000 for each proven violation
Credit Bureaus that fail to respond to your written disputes within 30 days (though they get a 15 day extension if they receive information from the creditor within the first 30 days) Consumer protection provided in the FCRA FCRA § 611 (a)(1)

FTC Staff Opinion Letters: Tabler, Cohan (#2) Statutory damages of $2,500 for each proven violation
Credit Bureaus that reinsert a deleted item from your credit report without notifying you in writing within 5 business days Consumer protection provided in the FCRA FCRA § 611 (a)(5)(B)(ii) Statutory damages of $2,500 for each proven violation
Credit Bureaus that refuse to correct information after being provided proof of their error Defamation, willful injury, consumer protection provided in the FCRA FCRA § 623

Cushman v. Trans Union Corporation
US Court of Appeals for the Third Circuit Court, 115 F.3d 220, filed D.C. No. 95-cv-01743, decided 06-09-1997 Damages incurred by injured party, as proven in court

Statutory damages of $2,500 for each proven violation
Collectors that call you after 9 pm at night or before 8 am in the morning Consumer protection provided in the FDCPA FDCPA § 805 (a)(1) Statutory damages of $1,000 for each proven violation
Collectors that call you at job if they know or have reason to know (because you told them) that your employer prohibits you from receiving such calls Consumer protection provided in the FDCPA FDCPA § 805 (a)(3) Statutory damages of $1,000 for each proven violation
Collectors that call any third party, such as friends, neighbors, relatives, etc., about your debt; exceptions: they may contact your attorney, consumer reporting agencies, the creditor or the attorney of the creditor, or the attorney of the debt collector Consumer protection provided in the FDCPA FDCPA § 805 (b)

FTC Staff Opinion Letters: LaScuola, Halverson, Jones, Borowski, Zbrzeznj, Fisher, Atteberry, Kwait Statutory damages of $1,000 for each proven violation
Collectors that continue to call or write after you have sent a ‘stop contacting me’ letter Consumer protection provided in the FDCPA FDCPA § 805 (c) Statutory damages of $1,000 for each proven violation
Collectors that harass or abuse** Consumer protection provided in the FDCPA FDCPA § 806 Statutory damages of $1,000 for each proven violation
Collectors that claim they will garnish your wages, seize property, or have you arrested *** Consumer protection provided in the FDCPA FDCPA § 807

FTC Staff Opinion Letters: Klayman Statutory damages of $1,000 for each proven violation
Collectors that
Cash a post-dated check before the date on the check
Cost you money by making you accept collect calls or COD mail
Take or threaten to take any personal property without a judgment
Consumer protection provided in the FDCPA FDCPA § 808 Statutory damages of $1,000 for each proven violation
Collectors that do not validate your debt, yet continue to pursue collection activity (file suit, call or write you) Consumer protection provided in the FDCPA FDCPA § 809 (b)

Spears v. Brennan
Indiana Court of Appeals, 745 N.E.2d 862, No. 49A02-0003-CV-169, decided 03-26-2001

FTC Staff Opinion Letters: Mezines, Cass, Berger, Bergstrom, Castle, Miller, Wollman, Krisor (#2) Statutory damages of $1,000 for each proven violation
Collectors that have not validated your debt, but they still continue to report to the credit bureaus Consumer protection provided in the FDCPA FDCPA § 809 (b)

FTC Staff Opinion Letters: Mezines, Cass, Berger, Bergstrom, Castle, Miller, Wollman, Krisor (#2) Statutory damages of $1,000 for each proven violation
Collectors that try to sue you in a county which is not where you now live or where you lived when you signed the original contract Consumer protection provided in the FDCPA FDCPA § 811 (a) (2)

Yu v. Signet Bank
California Court of Appeal, First Appellate District, Division Four, 69 Cal. App. 4th 1377, decided 02-16-1999

FTC Staff Opinion Letters: Krisor Statutory damages of $1,000 for each proven violation

Cause to have judgement obtained in violation of this provision vacated
** FDCPA § 806 defines prohibited harassment or abuse thus: A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of [FCRA] section 603(f) or 604(3)1 of this Act.
The advertisement for sale of any debt to coerce payment of the debt.
Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller’s identity.
***Once a Collector obtains a judgment, then they may be able to garnish wages or seize property, but not before then.

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