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Discussion in 'Credit Talk' started by cap1sucks, Jan 13, 2009.
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This is all the more reason why it is disadvantageous to use the FCRA or the FDCPA. It is far wiser to invoke state law provisions or simple intentional torts. Although they may attempt to do so, the credit reporting agencies cannot remove if: 1) it is unreasonable that the Plaintiff will receive more than 75k; and 2) you don't use federal law.
In most consumer cases, it is unreasonable that a consumer Plaintiff will get more than 75k thus, there is no real reason to stipulate to that in the pleadings or otherwise. Moreover, federal law caps you thus, why use it. Find something in the state code or just allege intentional torts. The preemptive force of the FRCA is not so great as to overcome the pleading of an intentional tort. That is a state law matter.