I filed a lawsuit against a pesky CA for FDCPA and FCRA violations a couple of weeks ago in pauperis, which is probably why it's taking a while for service of process. The complaint was for three violations of FDCPA and three months of inaccurate reporting without dispute notation and without substantiating documentation. The CA deleted their tradeline, which was a collection account for only $60, yesterday. I'm thinking I should chalk that up as a good sign and continue the litigation. The tradeline is gone, which is a victory in itself. Will it help in the case? Would you continue litigation if you were me? TIA for any feedback.
What's the cost/benefit? If you've come this far, with a solid trail of evidence, it'd be worth pursuing it not only for the number of violations but the experience. Consumers are going to be taken seriously when they follow through on their rights and there may come a time where you're going to need to do this again.
This case is a piece of cake compared to my last one. The cost/benefit will be leaning substantially on the benefit side, as my papertrail is flawless and the CA has no documentation. I expect that it will be settled very quickly. I think I have my mind made up, I wanted to hear some feedback. I honestly didn't know if the tradeline deletion would hurt or help me. However, I wasn't suing for just that. I'm suing for FDCPA and FCRA violations. And you're absolutely right. I must follow through in order to put one more point in for the consumer. Thanks for the pep talk!
I have a situation similar to yours and am planning to take legal action against a CA as you did. In my case, a CA reported a tradeline to Equifax months after a valid dispute had been filed, did not respond to my dispute letter, and then validated this item when it was disputed with Equifax. Would you mind indicating which court you used for your action and whether there were any interstate issues involved. In my case, I reside in New York and the CA is a law firm in Massachusetts. Any hints would be appreciated. Thanks.
I filed in US District Court and there is sort of an interstate issue...just that I'm in New Mexico and the CA is in TX. But, since the laws are Federal, they apply in any District Court. And there are no superceding state laws in NM, so that wasn't an issue. The rules of civil procedure I followed were all Federal and New Mexico local rules. I'm treating the case as if only NM laws apply (because that's all that really counts anyway). I did check for state things like CA licensure and SOL and pretty much ignored TX law. Since I'm a resident of NM and I'm filing the suit in NM, TX laws are moot. Which is kind of nice, because the CA I'm dealing with obviously is completely unaware of NM SOL and regulations.
A note: make sure this is your last straw. I have only filed suit on 2 of 9 CAs...and only as a last resort. I have found great successes with the Better Business Bureau and my state Attorney General. Use of those two entities has cleaned up my credit the most. I have only sued when my rights have been violated multiple times and I have incurred actual damages in addition to the multiple statutory damages. Make sure you're sure about suing before you sue. It's not cheap and it's not fun.
