I filed suit, need help again :)

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Hope you don't get a judge like this.
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â?¢ The Pinnacle of Success or Sin?
We all know that eventually some lawyers become judges, and we hope that only the best achieve this distinguished position. But consider the 18 judges in Illinois who were convicted of accepting bribes from defendants and allowed to continue to serve. At the very least, we are all guaranteed a fair trial. Where does this value go when judges with proven biases continue to be the governing bodies?

 

I have not seen anything in the fcra regarding the 2500 you are talking about.

 

I think what you are looking for is here:
http://www.credit-and-collections.com/article-col-polk.html

Disputes with the Source. An individual can report an inaccuracy on his report directly to the source of the item. Once an individual has disputed an item to the source, the source may not then report the item to a CRA without including notice of the individual's dispute as is stated in Section 623(a)(3). If the inaccuracy is confirmed, the source may not then continue to report the item to CRAs. Section 623(a)(1).

and the 2500.00 is here

Knowing, Pattern or Practice. Should the FTC find that the violation was knowing, and part of a pattern of violations or practice of violations by the defendant, the defendant may be fined up to $2,500 per violation. See Section 621(a)(2)(A).

But this can't be fined by you - this is by the FTC - you are looking for this -

Any failure to comply with the terms of the FCRA can result in either federal or state actions (or both) under Section 621(c). This is true for information sources, information users and CRAs alike. Violations of the FCRA also make ripe ground for private lawsuits and class actions.


Negligent Noncompliance. Under Section 617, if the FTC finds â??negligent noncomplianceâ? with the requirements of the FCRA, a violator will be responsible to the injured party for any actual damages suffered by that individual. The violator will also be charged the individual's attorneys' fees for the cost of bringing the suit against the violator.

Willful Noncompliance. If the violations are found to be in willful noncompliance of the FCRA under Section 616(a)(1)(A), the violator will be penalized the amount of the individual's actual damages or a fine ranging from $100 to $1,000 per violation-- whichever amount is greater. Section 616(2) allows the court to assess punitive damages against the violator, and Section 616(3) allows for the assessment of the individual's attorneys' fees as well.

State Laws. Under Section 621(c)(1)(B)(iii), a defendant sued for an FCRA violation under state law may be fined up to $1,000 for each willful or negligent violation. These fines are in addition to the federal penalties.

Knowing, Pattern or Practice. Should the FTC find that the violation was knowing, and part of a pattern of violations or practice of violations by the defendant, the defendant may be fined up to $2,500 per violation. See Section 621(a)(2)(A).

False Pretenses. Obtaining a credit report under false pretenses or knowingly without a permissible purpose exposes the violator to the greater of the actual damages or a $1,000 fine under Section 616(a)(1)(B). Punitive damages and attorneys' fees are also allowed in this instance. Under Section 616(b), the violator will additionally be liable to the CRA (not just the individual) for the greater amount of actual damages or a fine of $1,000 per violation. Again, punitive damages and the opposing party's attorneys' fees may be added to this amount.

Criminal Prosecution. Under Section 619 of the FCRA, anyone who obtains an individual's credit report under false pretenses may face criminal prosecution under Title 18 of the United States Code. The convicted defendant may face a fine or up to two years imprisonment, or both.

Prosecution of CRA Employees. Under Section 620, any officer or employee of a CRA who knowingly or willfully provides an individual's credit information to a person not authorized to obtain that information may be prosecuted and also face up to two years in prison or a fine or both penalties.

Deceptive Trade Practices Act. According to Section 621(a)(1), any violation of the FCRA is considered to be an unfair or deceptive trade practice in commerce and in violation of Section 5(a) of the Federal Trade Commission Act [15 U.S.C. §45(a)].

Hope that helps~

 

Are you suing the OC becasue they failed to put "in dispute by consumer" when you disputed with CRA?

 

Dear Tonya,

If the consumer sues the CA it's subject to a $1,000 fine, max. per violation.

The $2,500 is if the state or the gov't sues them.

At the header of the table you're talking about it says who can YOU sue and what can YOU sue for:

They are wrong.

Hope that helps.

 

I actually got a notice, for some unknown reason, from Experian stating, "California consumers have a right to bring an action for civil penalty of up to twenty-five hundred dollars against any person who knowingly and willfully obtains access to a file or obtains data from a file for a purpose not permitted by law, or who uses the data in a manner contrary to an agreement with the consumer reporting agency..."

Although this statute mainly deals with inquiries, maybe you can see what your State civil code says about it.

FYI, for those in California, the Civil Codes dealing with the above are 1785, 1785.15, 1785.19 and 1785.19.5

 

I'm curious if you applied for any credit during the time you were disputing this?

 

I was hoping you would say that, cause without that you would have had a tough time showing how you were damaged.