While researching info regarding an attorney I'm thinking of hiring, I came across this good information. http://www.michbar.org/consumer/Con_sum_00.pdf Of particular interest for those of you going it alone, would be the article on page 8 "Evaluating Credit Reporting Errors for Litigation". It's a good read. And the attorney James Fishman (story on page one) is the attorney I was researching since I'm probably going to be using his services. Hope this helps someone.
Yes, there is quite a bit of good case law referred to in the article. I hadn't heard of most of them before. I'm looking forward to getting my case filed!
It's a good read yeah. But I did notice some rather old stuff. It was done in the summer of 2000. On page 9 at the top of the second column he mentions the Carney case. In Carney the court hypothecated that there was NO private right of action for consumers. That enforcement was the exclusive domain of the government, (because of s_2 (a)). This case has been overridden by every court that has proceeded it. Even the FTC calls the Carney courts conclusion "BAFFLING". Some have called it preposterous. For one Appeals court to call anothers conclusion preposterous is a BBIIGGG deal. lol Just be sure to double check. .
Great catch Butch - thanks! I guess that's part of the research process - having to look up the chain of events to see if any case law is over-turned on appeals. It's a never ending process ... this should be a lot easier than it is ... I have 6 books here; 3 on Civil Procedure, 1 on tort law, 1 on writing like a lawyer, 1 on thinking like a lawyer ... Read the Fed R of Civ P and the Local Rules for my district ... All of this - just to get the CRA's to fix obvious mistakes on my cr. It's all so very frustrating, since I have better thing to do with my time (as I'm sure we all do). It's been nine months now - they fix 1 thing then screw up something else ... At one time, I was thinking about going Pro Se, but paying an atty seems to make more sense for me now. It's just taking so much time for what I thought would be something simple. These people (the CRA's) are nuts. It's really an adversarial relationship between the cra's and the consumers. Even when many of the issues I have (I thought) were obvious errors. They just like to fight, fight, fight ... But thanks for pointing that out ... always learning ... .
