Hello Gang, To make a long story short I sent a dispute to Exp a while ago and they did not complete the investigation within the time allowed. After the time was up and after I sent many letters to them I did receive a letter from them first saying they needed more info to investigate then another a few days later (about two months total time after the 30 days were up) stating that it was investigated and "remained" I have since sent in further letters all have been ignored with no reply. I need to send an ITS with a dollar amount listed so that I can show I demanded payment for this before I sue in small claims court for the violations. My question is do you see any other section of the FCRA that would apply to my situation? I have NOT applied for anything while this has been going on so I have no denials to work with. Any advice? Thanks in advance § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1)(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or § 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o] (a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) any actual damages sustained by the consumer as a result of the failure; (2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. (b) Attorney's fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper
Well, the main reason I did not apply for anything is I did not know this matter was going to take this route! I have had this same thing happen in the past (different account) but once I called them on the violations they deleted. I still think they will delete once it gets into someoneâ??s hands that knows it is not worth fighting since it is really easy to see they messed up on this matter. If any one has any advice that would be great.
well, that depends... are you suing in small claims or federal court.. what is your small claims mx? I do not see any other sections that may have been violated but I am printing out your post and looking at fcra later... see if I am missing something?
So one violation or are their others? Did you send a Procedural Request? Have you suffered any damages ie been turned down for a cc or a mortgage? From your post it looks like one violation which would be a total of $1000. If it actually went to court with one violation it would be tough for your side. The CRA could simply say it was a one time mistake which they are allowed. I would at least send the Procedural Request letter which they probably won't respond to. Then you can show two violations at least.
