Re: Getting ready to file suit...
Make sure that this particular creditor is liable under the FCBA. I believe that it mostly pertains to revolving accounts or charge cards it does not cover installment accounts or loans that you pay on a fixed schedule....... if yours doesnt fall under these guidelines, you would need to turn to your states individual laws that protect the consumer. There may be certain Banking and finance laws that cover this situation.
If this is a open, revolving or charge account then you do have remedies under the FCBA.
I would make sure that I communicate with them by certified letter (return receipt) asking them to take care of this. Let them know that they are in violation of the fair credit billing act and that you have proof of a change of address request 20 days before the billing period..Tell them that they have 30 days to correct the situation. Failure to do so will result in you filing an immediate lawsuit in for violation of the Fair Credit Billing Act and Defamation. Let them know that the law gives them 30 days to respond and 90 to remedy the situation. This will get their attention.. If your letters dont do it then sue their pants off just like you said in your post...GOOD LUCK!!!
If you would like the FTC opinion click here http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm
"Guns cause crime like wet sidewalks cause rain, cameras cause pornography, and spoons cause Rosie to be fat and stupid."