Are States subject to fcra?

Discussion in 'Credit Talk' started by Vallian, Sep 1, 2007.

  1. Vallian

    Vallian Member

    Having trouble getting state to provide accurate reporting. They simply don't seem to care. Payments are withheld and sent directly to state (Fed employee and know they are on time, lol) but sometimes the state reports them late.
     
  2. bizwiz41

    bizwiz41 Well-Known Member

    What are these payments, and how do they show on your credit report(s)? Are you sure there is adequate processing time to ensure payments are posted before due date?
     
  3. Vallian

    Vallian Member

    Child support. Payments made before 3rd of month. Payments due by 10th.
    Reporting to all 3 CRA'S 3 times 30 in last year. Have taken reciepts to them and they still haven't changed it.
     
  4. bizwiz41

    bizwiz41 Well-Known Member

    Have you tried disputing w/the CRAs? You should definitely dispute, and the states are required to comply w/FCRA reporting laws.
     
  5. AMJ21

    AMJ21 Banned

    If you read the FCRA there are NO exclusions. No one is above the Law.

    That said, who fights City Hall and wins? Very few of us. Nevertheless, if you have documented evidence you may find an attorney in your area willing to file a civil suit against them.

    Are your payments done online, via mail or in person? You'll need all this info upon review. The fact that it's sent via mail 7 days prior to the due date doesn't mean it's received and/or coded and entered on time.
     
  6. Vallian

    Vallian Member

    Payments are direct online and believe me, they are on time. These payments are paid on the 3rd except when the 3rd falls on a Sat or Sun, then the payments are made on the 1st or 2nd. as per gov rules.

    And nov I haven't disputed with CRA's, I have dealt directly with state.
     
  7. appylon

    appylon Banned

    I would contact your states AG's office and file a complaint and a complaint with the FTC. If they don't get the picture after that than I would send an ITS letter
     
  8. bizwiz41

    bizwiz41 Well-Known Member

    Dispute w/ the CRAs as "Never Late", and prepare all of your paper trail to support this dispute.

    If you have gone to the state with the documentation, and they have not corrected the reporting information, then they have committed violations of the FCRA.
     
  9. creditwren

    creditwren Banned

    States may liable under FCRA but you aren't likely to find an attorney willing to try to sue a government entity for much of anything because you have to get their permission to sue them in most states. They don't mind being sued as long as it about a question of law but trying to sue them for monetary damages is often a whole different thing. If your state has a law in place that says you must have permission to sue them you most likely aren't going to get anywhere. Most of the time it has to be a situtation where the state has knowingly committed some greivous social wrong. An example of that is a case that made quite a bit of public outrage. A man was convicted of rape and spent 15 years behind bars. Then it was proven that he was completely innocent through dna testing because a police laboratory technician had testified as to his guilt. The lady was so famous for her court testimony that she was widely known in police circles as "Black Magic". Yes, she is a colored lady. But that case started investigation into the reliability of her testimony and she was found to have knowingly provided false testimony based on deliberately rigged lab results in hundreds of cases. The man could not get relief for his false imprisonment because the state would not allow him to sue for false imprisonment. He managed to get some support in the news and finally from some legislators who passed a new law allowing those wrongfully convicted to be reimbursed for the time wrongfully spent in prison. They capped the payment at a maximum of 2 million and made a special provision that that man be paid the maximum amount. Of course, that left in question a large number of cases where the conviction was obtained as a result of the false lab reports provided by "Black Magic" but the State Supreme Court put a rule into effect that made it impossible for more than about 15 or so cases could be brought for false imprisonment as a result of the lady's faulty lab work. If that had not been done by the Supremes the total estimated cost to the state might have amounted to more than a billion dollars. Some of her known faulty lab work cases had suffered the death penalty. Naturally they could not allow that kind of damages to be paid out by the state. So while the states might be liable under FCRA the chances of getting them sued is not good.
     
  10. Vallian

    Vallian Member

    Just had a call from person with state DHS and said they had sent in a DELETION for all 3 CRA's. Total deletion!!!!! Friday, I read FRCA 623 over the phone to one of the supervisors. Who knows.
     
  11. bizwiz41

    bizwiz41 Well-Known Member

    Sometimes a little "education" goes a long way! Congrats!!
     
  12. AMJ21

    AMJ21 Banned

    Sounds good. Good luck.
     

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