Filed suit against one of the big three for violations of the FCRA. had court date, case dismissed. case dismissed because I could not show to the judge that I received ACTUAL damages from the FCRA violations. bottom line is: a simple fcra violation in itself is not enough, you must be able to show that you received actual damages in the suit. just a little fyi.
Can you give us any more info such as which cra it was, what the violations were, etc. Did you send them an offer to settle with the lawsuit?
Equifax was the CRA lawsuit was for failure to send investigation procedures (twice requested) they eventually deleted the disputed account. but the lawsuit had already been filed. offered to dismiss in exchange for having 2 other negatives deleted. they didn't bite. so to court we went....
I'm not sure how your court system works, but you may be able to appeal the decision up to superior court.
I don't think I will appeal it. The disputed tradeline is gone. However, I will FOREVER keep my documentation that show these violations.
My experience was a bit different.. all they did was talk about the computer printout they get and that they were just doing their job. However, I never did request their verifiction process.. I just showed how I went about trying to validate it, which wasn't enough..
That's interesting. Looks like some remedial legislation is in order. We should lobby Congress to add a statutory penalty for credit reporting violations so that you don't have to prove actual damages. Otherwise, it might be best to get denied credit based on the erroneous information before filing suit. Example: but for the erroneous report, I would have been able to transfer by 10K debt at 23.99 to a 0% interest card for six months and saved xxxx dollars in interest. The hard part will be proving that the erroneous information was the cause of not getting the new credit. An easier one is that you were turned down for a $100K a year job because of the information. But then you wouldn't be in small claims court.
