I have a CA that is maliciously duplicating accounts on my credit reports. Everytime I dispute an account they verify it and add a duplicate. Has anyone dealt with this? I am going to file a complaint with the Attorney General. Does this fall under the FCRA section 623? (1) Prohibition. (A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.
So you think that is a violation? If so, the duplicates, along with all the other violations, should entitle me to $22,000. I am thinking of sending them a bill...I wonder if the Attorney General would find that as humorous as I do?
Number of bogus duplicate accounts = 8 Number of collection letters received while accounts were in dispute = 2 Number of accounts not updated as "in dispute" during dispute period = 12 TOTAL NUMBER OF VIOLATIONS = 22 $1,000 per violation -----------> $22,000
I think you need to be realistic. You aren't going to collect $22,000 in violations. If you sued them and were to win, which is never a guarantee, the court would most likely lump several of the same violations into just 1 violation. You will have to prove willful violations. All I'm saying is don't expect to sue them and just walk away with $22,000. Some people on this board sometimes make it seem like it is slam dunk. You send validation. When you get no response, send the estoppel. When you don't hear from them again, you sue them for violations and collect. It just isn't an easy thing to do, and winning is not guaranteed.
I don't actually expect to get any money. I am just thinking that if I can show them that there is the possibility that they will have to pay me thousands of dollars that they will just drop the accounts. The accounts are past SOL so they can't sue me for it. Now they are just trying to give me a hard time by messing up my credit reports. What I am really wondering is how to present this to the AGs office. I am filing a complaint. I just want this CA to go away forever. I don't really want to go through the mess of going to court.
That is a better idea. I would just write your letter and lay it all out step by step as it happened and outline the violations as they occurred. AG's from what I've seen, have been very helpful. My states banking dep't who handles collection agencies, did a great job for me. I wrote a complaint about a ca and their violations. Within 2 weeks, the ca replied they were closing their books on the acct and removing it from the cra's. Give it a shot, it may work.
Thanks for your insight. I think I will also file a report with the BBB because this company has a "satisfactory" record with the BBB and in fact is a member of the BBB. What a joke!
I think SMALL CLAIMS COURT has a LIMIT of $5,000...some states MAY have raised it to $7,500...but you CAN'T get $22,000...
Well actually, you can get some cash. getting 1k for a chain of violations is pretty easy, and you can file in either magistrate, state, or US District court. If they're really doing this much to you a lawyer might be appropriate. In state or US District you'll want a lawyer... If you have your documents in a row, then you need actual damages. If you have that many accounts from a ca, you certainly can easily be denied credit. If you go and apply online for a credit card or 2, you can use that as actual damages. then you sue for fdcpa and fcra violations... again, if it's this bad, I'd apply and get denied so you have actual damages. Once the violations are this bad, the only real way to "teach them a lesson" is to hit them in the pocketbook.... getting deletions is easy once you file a lawsuit.. but if they're not validating, not noting the accounts in dispute, multiplying the items... you've got them. and the fact that they'll even remove the accounts seems to prove that the entries were in error, once the collection agencies do remove them... also remember to get them to delete ALL inquries, hard or soft. collection agency inquiries in and of themselves hurt your score. the software picks up on the collection activity. the ftc has made an opinion on inquiries without being able to validate... and basically, the ftc acknowledges that the inquiries hurt you simply by being there... If you don't have actual damages, don't expect for them to jump much.... if you want proof that you need actual damages, read the appeal of Cousin v TU... the guy won over 4 million in punitive damages, but the case was overturned on appeal. 2 main reasons: 1. without actual damages what's the real harm??? you may disagree, but that seems to be case law 2. A credit report you see isn't considered a "consumer report" as per the fcra... meaning, a creditor must see the report for it to be a consumer report... for you to then have issues that the fcra can remedy... You looking at your report isn't considered a "consumer report". a technicality, but one that helped win an appeal... anyway, again... actual damages. apply for a prime card or 2, you'll get easy denials... then push the issue and cite your credit denials, and/or increased cost of credit, and/or denials for a specific line increase. I'd have at least 1 credit denial... that's nicely specific in damages.
Thanks everyone for all the information. This company really is unbelievable. In fact, as I was looking through all my paperwork again last night I noticed another violation. They sent me "validation" for two accounts. With each validation they sent a cover letter requesting payment in full, but the letter did not have the "this is an attempt to collect a debt. Any information obtained...." language in it. Two letters without this statement is two more violations, I guess.
Harm or no harm they still did the crime and need to pay for it. About like somebody breaking into your home and he gets off cause he didn't steal anything isn't it?
And if you go to the trouble of suing them, and the judge throws it out because there are no damages???
yes. I know. makes no sense... but true. When Christi went to a lawyer the first question was "What are your actual damages?" and again, it's not just that you need actual damages but a third party also needs to see your report for it to fall under the definition of "consumer report" as per the fcra... again, Cousin v TU appeal case outlines that... it may be wrong but then again, if you're going to bother suing someone you should at least know what will trip you up before you even get to present your case...
So do you think it is likely that a lawyer might take this case on contingency? I don't really have the money to pay a retainer right now. Is that a common thing to do?
