Well, it looks like I may be heading toward my first lawsuit. Sent out ITS letter last week and haven't heard back. In California, damages of up to $5000 per violation can be awarded and I figure if I go after this I'm going for the whole enchilada. At this point I believe that I have 3 violations ($5000 x 3 = $15,000) and 2 non-permissible pulls (2 x $2500 -= $5000). If I'm going to court for $20,000 I want to consult an attorney. Any recommendations would be appreciated.
merlin, some questions: 1. what are the violations you allege? 2. what statutes are you suing under (FCRA or CCRAA)? the statutory limit of damages in small claims is $5000. i ask what violations you're alleging because i'm not aware of a provision for $5k per violation.
Probably going to sue under the CCRAA (but want to confirm with an attorney that this is the best route). As per the CCRAA: 1785.31. (a) Any consumer who suffers damages as a result of a violation of this title by any person may bring an action in a court of appropriate jurisdiction against that person to recover the following: (1) In the case of a negligent violation, actual damages, including court costs, loss of wages, attorney's fees and, when applicable, pain and suffering. (2) In the case of a willful violation: (A) Actual damages as set forth in paragraph (1) above: (B) Punitive damages of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each violation as the court deems proper; (C) Any other relief that the court deems proper. (3) In the case of liability of a natural person for obtaining a consumer credit report under false pretenses or knowingly without a permissible purpose, an award of actual damages pursuant to paragraph (1) or subparagraph (A) of paragraph (2) shall be in an amount of not less than two thousand five hundred dollars ($2,500). I realize that it is "nor more than $5000". Suing an OC for continually listing an account paid in full in 1997 as currently late. Have written and called and the only thing I can get out of them are multiple soft pulls. If I have to go to court, I will also include that I asked them for validation (which actually started this whole thing), they never supplied it nor did they mark my account in dispute. Additionally they verified with the CRAs. Want to talk to a knowledgeable attorney to figure out how strong of a case I have. I actually might prefer to take it out of Small Claims just to add a little "pain in the butt" factor.
I'm not sure where you are (SoCal or NoCal) so I can't necessarily recommend an attorney. I will strongly suggest that you consider a conservative approach in considering your damages. In some of the cases I've read, the courts are rarely finding wilful conduct on the parts of CRAs. And to get punitives, you'll need to show that they wilfully violated the CCRAA. Seems like a no brainer. But courts are bending over backwards not to award punitives. They'll accept the weakest mitigating factors by the CRAs. Basically, all the CRAs have to show is that the violation was an honest mistake. And if you sue under the "wilful" statute, you risk losing your entire case, even when might have a good "negligence" case. Just a thought.
I'm in SoCal. I agree that it might be a risk -- which is why I wanted to consult an attorney before pursuing this route. This isn't about the money, it's about the arrogance of these companies. They are reporting completely inaccurately (on two CRAs). I've sent multiple letters indicating that there is a problem. I've sent them copies of the tradelines. Each time I send a letter, they pull a soft inquiry and never bother to respond whatsoever. I think that these companies consider small claims awards simply the cost of doing business. Okay, I'll get off of my soapbox.
