Okay, here's the deal. If you have an entry on your report and the entry is completely screwed up, (i.e.: re-aged, bad dates on lates, it's duplicated, not marked as disputed, re-verified prior to validation) can you count each of the instances where the data is wrong as a separate inaccurate reporting violation? For instance: Count I -- The date is re-aged. Count II -- The lates are all wrong/bogus. Or ... Is it the case that you can only count ONE inaccurate reporting violation per entry on your report and only increase the counts depending on how often the CA updates the information without appropriate changes? For instance: Count I -- This entry has fifty things wrong with it and you had a chance to fix it. Count II -- This entry still has fifty things wrong with it because you re-verified it without any appropriate changes. How does it go?
Its one case, several violations, multiple claims But remember, its NOT WHAT they are reporting. IT IS HOW they got what they are reporting. If the consumer didnt "point out" CLEARLY what is wrong with the info AND WHY it is wrong, then the repoting agency and furnisher may not be held liable for not conducting "a reasonable investigation." The standard to uphold is proving they did not "maintain PROCEDURES to assure accuracy" and they did not "conduct a reasonable investigation" NOT simply because they are reporting incaccurate info.
Thanks for the reply. Can you give me an example of how I should list the claims/violations for this situation? Scenario: I have a neg entry from CA in the tradelines area with a bogus open date, an incorrect DOLA, no notice of dispute and it shows 120+ days past due, but 30, 60 and 90 days late ZERO times. This entry is making it look like I have a current obligation that is past due, which is completely untrue as the claim is over 6 years old and a few months from CR obsoletion. How would you break that out on a complaint?
Well -THESE ARE THE ALLEGATIONS. Your claims about "unreasonable investitation" is: 15 U.S.C. § 1681s-2 (b) -AGAINST BOTH CRA & CA Not following reasonable procedures to assure maximum possible accuracy of the information 15 U.S.C. § 1681e (b) -CRA Not validating / improper validation / not ceasing collection attempts: 15 USC 1692g -CA ***** be careful with this one. Its a sticky topic and may be hard to prove. There are proably several others related to unfair and deceptive acts etc....but its a litle more "advanced" it you have to to study. In Ca, all you have to do is list the sections. Your state may require a whole statement of case. You can use some of the cited cases on here for an example. Buth also has a sample pleading. Its not related to this, but the structure of a pleading is the same Good Luck
