Cra Violation..what To Do?

Discussion in 'Credit Talk' started by HOMEN2004, Sep 20, 2003.

  1. HOMEN2004

    HOMEN2004 Well-Known Member

    I know that I have TU on a violation of not deleting an acct when the OC has told them to do so, so how do I go about handling this? My objective, of course, is to get the deletion, but also get some cash if possible. Any help?
  2. Flyingifr

    Flyingifr Well-Known Member

    Do you have a copy of the UDF? If so, send it to TU with an ITS letter. If the offending entry isn't gone in 30 days, file suit.

    In your suit you would use as your law the following:

    1. Establish Jurisdiction with FCRA 618 (15 USC 1681p) and your state laws.

    2: Establish a cause of action with your ITS letter.

    3: Establish a violation of law with FCRA 611(a)(1)(A).

    4: Establish requirement to act on Consumer Provided information with FCRA 611(a)(4).

    5: Establish rebuttal to CRA's assertion that it uses "reasonable procedures" with the FTC Harris letter (March 22, 1999)

    6: Establish requirement to maintain "maximum accuracy" with FCRA 607(b).

    7: Establish wilful noncompliance with FCRA 616(A)(1)(a) AND Punitive damages with FCRA 616(a)(2).

    How's THAT for a roadmap?

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