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Discussion in 'Credit Talk' started by KristyW, Jul 24, 2001.
There has to be a way to sue the pants off of these guys.
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Oh, I'd sue and not settle!!!
What would you like from them? You'll get it. Cut their legs out from under them
That is just sad. There has to be a way to track down who put that there and sue for Deflamation of Character or some other legal artsy-fartsy term.
To be fair the the CRA's, not that I want to, it could have been submitted from a credit app and automatically posted there, right? I would hope that a CSR would not really transfer that to someones record.
Either way, thas just awfull. I hope you help this person. Talk about a blow to self esteem.....
If her report, with that comment on it, was released to any potential creditor or employer, I think she has a civil lawsuit for malicious defamation.
As far as FCRA goes, I think she would have to dispute it, then if they didn't remove it, she could sue for FCRA violations.
But the civil suit for malicious defamation would not have to fall under the FCRA, I don't think. Reporting a fact is one thing, reporting a comment, someone's opinion, is a totally different thing. She should take that report to a lawyer who would take the case on a contingency basis. Whether or not they'll take it depends on the damages they think they can sue for.
If she has no damages, then it's best to file a complaint with the FTC, and the BBB for the comment, and dispute it to get it off.
Thanks, guys, I will pass along your comments. It is really sad that this would slip through. It could have been some kid trying to be funny at someone else's expense - what a loser.
Remember: if that person wants to sue make sure SOME creditor sees the report
Def: consumer report is one sent to an outside party (us seeing it doesn't cut it).
(this is from an 4.7 million verdict reversed upon appeal: his file was only seen by him). What a joke.
Also, set up harms... try to get declined. Then sue!!!
It's interesting and certainly they'd cut her a check to drop a lawsuit.
It probably was, but if that report is being sent out to potential creditors, the CRA is the one responsible.
Yes, the CRA's should be exercisizing some kind of quality control. They should have never included it in her file.
LOL, Kristy, they use us for QA. We just need to make it more expensive, so they bring it inhouse.