I've never done this lawsuit thing

Re: Virtual/Reality

Who said that's changed?

 

Re: Virtual/Reality

Well I can now tell you definitively that Greg's meddling was a non-issue. Never came up.

(Warning: most of the quotes below are paraphrased.)

It started out very badly. The Commissioner calls us and asks us to go through the double doors and try to work it out with the mediator. The mediator announces that he knows nothing about this section of law, but he hopes to "bring us together" or some such. And, he is a former CCCS Board Member. Ugghh. He asks what happened, we go through it, both essentially sticking to the facts. Then when he asks Macy's why they pulled my credit, and she says it's because he was challenging the old paid off account and we had to see what it said, he says, "Well that sounds reasonable". I said, "But what about the law? Here it is in black and white. They had no Legitimate Business Purpose." He says, "Yeah, yeah, yeah, but, how were they supposed to see it without pulling your credit?" I said, "Well they could have asked me to fax it to them." It goes round and round like this for another ten minutes or so, with the mediator clearly leaning Macy's direction. Finally, he suggests that he seperate us and talk to us individually. He asks me what I'd take to drop it. I said, "The deletes, a letter of apology acknowledging that they broke the law, and $1000." He sends me out for a few minutes, brings her in for a few minutes, then calls me back in. She says she can give me the deletes and the letter of apology, but no cash. Zero. I said, "Well, it has never really been about the money for me, but, Macy's broke the law. There should be some penalty." I said," I'll take the deletes, the letter of apology, and a check for $500 made out to the American Red Cross."" No way says Macy's. No money. No How." I said,"Well, I guess we're done here".

Out to the courtroom we go. After just a few minutes, our case is called. The Commissioner asks me what the story is. I gave her the Reader's Digest version. She interrupts me and says, "You're citations are form the Federal FCRA. Since I have a cop of the California Consumers Credit Act here on the bench, I'll be using that for reference. Section 1785.11 is almost word for word identical to the Federal FCRA, except that its' requirements are more stringent, and penalties more severe." Thigs are looking up at this point. She then turns to Macy's and says, "So what was your legitimate business purpose?" Macy's was taken a little bit off guard and gave Her Honor a chronological synopsis dating back to early 2001. Very little attention or weight was given by the judge to the fact that I had been disputing the old tradeline. She asked us both several times, "Was there an active account at the time? Was there any outstanding balance on the old account or any other account at that time?" Those questions were music to my ears. The Commissioner understands the law. Hallelujah! So, we're wrapping up, and I asked if Her Honor would like for reference as she deliberates, to have copies of the FTC Opinion Letters, as well as the FCRA, which are all liberally hi-lited and have tab markers with Text (Permissible Purpose, Duties of Furnisher, etc.) on them, with all the important pages pulled to the front. She says yes, that will save her from having to look up those very things. Heh, Heh, Heh.

And there it ends for now. They said we should know something in two weeks. I may not get the deletes or the letter of apology, but I'll bet they'll wish they had sent $500 to the ARC.

 

Re: Virtual/Reality

Thanks for the warm wishes everybody!

What a feeling of relief to have it over. A huge weight off of my shoulders to have it all over. Win, lose, or draw, I'm done with damage repair, though as GEORGE says, the credit improvement process will no doubt be never ending.

I thought of a few other details that were revealing at the time to me. In the mediation, with Mr. CCCS, the mediator, he asked me several times, "so come on, really, where's you're damages? How have you really been harmed by this?" I said, "I don't have to show damages. That they broke the law is enough to invoke the penalties. If I was caught speeding, came to court, and said to the judge, 'But Your Honor, can this officer show me how anybody was really harmed by my speeding?', I would be handed my head by the judge." He was sorta buying it, but not really.

When we get into the court, the Commissioner reads the compaint and says (paraphrasing), "Let's see, six infractions of the FCRA and asking for penalties of $5000, is that right?" I said yes and that was the end of it. Never asked about how it damaged me. It was about infractions and penalties.

It gives me hope.

 

Re: Virtual/Reality

Yes it was. To top it all off, I get home and my daughter (in sixth grade) has come home with straight A's. Again. Not to brag, OK, maybe a little, but she's never had a B. And she's beautiful.

That's a great day.

PS No Greg; I'm not going to fax you her report card. Or her picture.