Wish Me luck all...I just filed suit against a bank here in Tx for pulling my report without a PP as well as not showing an account as being in dispute. Thanks for all of your help and advice...this will be a long road but I'm looking forward to seeing how it goes!
I'm a little concerned. You cannot sue them for not marking the account in dispute. YES you read right. Only the FTC or Attorney General can do that. It's right there in the Fair Credit Reporting Act. You can defeinitely sue for your other claim though.... good luck
Sorry for the bump on this...I had to do a little research on this about the OC not being able to be sued for the OC not marking an account as in dispute. Here's what I found: Nelson v. Chase Manhattan Mortgage Co., 9th circuit court of appeals (2002) DOES provide for a private cause of action to consumers under section 623 of the FCRA. Its really a pretty cool read about Chase Manhattan getting bitch slapped by a fed appeals court. here's a link http://caselaw.lp.findlaw.com/data2/circs/9th/0015946p.pdf
Well, Edoggie's right Ronda, However, I think it's fine that you included it, along with your No PP claim. Just be prepared to have that one element dismissed. Here's a No PP Lawsuit Template wherein you might be able to find some useful stuff. No PP Template! Let us know how it goes.
Thanks! I really appreciate it. I'm still trying to make sure that I understand all of the ins and outs of it. I also have 2 state statutes that were violated. I think I'll rely primarily on the non-pp and those for the bulk of the case. I'm just wondering...why doesn't nelson v chase manhattan allow for a private cause? Is it just because most judges don't read it that way or did i miss where it was overturned?
Neither. Nelson v Chase allows for a private cause of action under 623(b) of the FCRA. Not 623(a) which includes your notice of dispute claim. Here's a copy of the FTC brief on the subject. Hope it makes it clearer: http://www.ftc.gov/ogc/briefs/nelsont.pdf
