I have a client that has a credit alert company that sends emails when there are changes to his files. Yesterday he got an alert that someone reported that his current employment is "PRIM is in jail". He was for almost 2 years but has been "out" since May 03. So needless to say his credit is all charged off. He's been trying to clean up his credit Lexington (another story). Sooo....who would report this? How does he find out? Can he sue? What to do??? Thanks!!!
One of his charged-off creditors got info he was in jail. You dispute. You can't sue without disputing first.
Can they report that? Isn't that slanderous? Dispute to the CRA's? How do we find out who reported it? And why would that be relevant to begin with. I've seen a lot of credit reports and never seen anything like that!
Under the FCRA, it is legal to report public record information on someone which includes arrest, indictment, conviction information. as to whether the phrase they used - "Prim is in jail" -I don't know if that is in the proper format, or even if there is a proscribed format for reporting this kind of info!
Slander would be if it weren't true. He is not in jail now, but he was, it is outdated information. Has he contacted his creditors since being released? It may be the latest information they have on him. Yes, they can report it, it is relevant. What if were in jail and trying to apply for credit? The following is not exactly on point but worth reading: http://www.ftc.gov/os/statutes/fcra/beaudett.htm
AHHH! No, he hasn't contacted his creditors...has had Lexington "working on it". I've looked at and most has been charged off. Is it better to just file BK and attack that after? Most of these are now 3 years old. SOL in CA is 4 years. What do ya think?
Re: Re: Hey....can They Do That? Hi LQ, Welcome to the board. The FCRA mandate against reporting inaccurate information includes a caveat. If they do so with the knowledge that the info. is inaccurate, or consciously avoids that knowledge, there may be an argument. In any case initially providing inaccurate info. is not actionable by the consumer. Once you inform them that the info. is not accurate, that's what changes everything. So Jlynn, (as usual) is right on. Using Lex., although I don't personally recomend it, does establish a client/atty. relationship. If an atty. is working on something for you, you don't want to do anything unless they know about it, and have a chance to discuss it first. In short, ask Lex. BTW - "Slander" is a verbal communication. When it's in written form, it's Defamation. .
Re: Re: Hey....can They Do That? Uh Huh...GOT IT!! Guess that's why I'm in real estate/mortgage biz rather than an attorney He is no longer dealing with Lex...won't hold you responsible...but would you advise a BK? Thanks for all ya do on this AWESOME site!
Re: Re: Re: Hey....can They Do That? One year to SOL, and 3 years until the reporting period is over vs. 10 years anew with a BK? Absolutely not!
