One of the items in the FCRA state: § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000 § 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o] (a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) any actual damages sustained by the consumer as a result of the failure; (2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. So does that mean I can hold a specific person who works at the CRA responsible for negligent noncompliance if I can state that a person I spoke to on the phone stated that the CR is left on his desk? Ideas?
Is there any way I can attack his personal assets? It would be tough for me to prove his presona negligence however.. unless I can get other people within his department to testify against him. Hmm..
Any negilence on the part of the individual is just transfered to his employer. The employer is the one responsible for the actions of the employee. I'd just sue the CRA and leave the individual out of it. I mean, what if you make a claim against an individual and can't prove it? It may well weaken your entire case against the CRA.
I think that would be awesome to do.. but would it happen? Well the chances of this are slim because: #1 - I know this guy will show up in court. #2 - How do I prove this particular person was negligent? I need to get some solid facts that my folder was sitting on his desk. OR phrase my line or questioning to point that it was his fault? 1. Were you responsible for my file? 2. Did you receive my letters? 3. How come nothing was ever done to put these items in dispute or an investigation that occcurred? If I could win against him and the CRA, I would hope this ruins his credibility at his workplace.. and it would be great to see if I can get him fired from his job as well. This arrogant bastard deserves to suffer and I know the others that have met him in court share the same sentiments. I have discussed him with other creditnettors.. Also - attaching a judgement to his personal record will be tough.. since he's under the 'corporate entity' .. but if only there was a way to personally get him...
You could also try to place it on his TU report. And, if they refuse to report it, what would their legal reason be? Maybe another lawsuit against TU in the works? LOL
I think individual collectors may be personally liable for violations of FDCPA. Check this out . . . "The FTC also has asked the court to require Payco to provide each of its present and future employees a notice, and to retain a signed acknowledgement from each such employee. The notice would state: 'Debt collectors must comply with the federal Fair Debt Collection Practices Act, which limits our activities in trying to collect money from consumers. Most importantly, Section 805(b) of the Act says that, unless the consumer consents, a debt collector may not discuss the debt with any person other than the consumer and a few other persons, such as the consumer's attorney or spouse. Individual debt collectors may be financially liable for their violations of the Act (emphasis mine).'" This is from a press release in 93 when the FTC sued Payco (OSI) for violations of FDCPA -- www.ftc.gov/opa/predawn/F93/paycoamer6.htm. They also asked the court to impose a 10k per violation civil penalty (vice the standard penalty), and to require a special notice be placed on collection letters in addition to the normal mini-Miranda thing. Payco eventually settled (in 95) for 500k fine, the employee notice and the additional notice to consumers on collection letters. Anyway, you might check to see if something similar has been filed on your CA (the court might have imposed even stricter standards on your CA than is normal under FDCPA, and therefore, they might be incurring other violations that you don't know about). In any event, it is possible that the FDCPA does hold individual collectors responsible for violations. I'm not a lawyer, but it does seem like that's what they are saying.
Oh, sorry -- i just reread your post. You're talking FCRA, not FDCPA, CRA not CA. Duh . . . it's late here. I'm going to bed now!
