Holy crow, y'all! I've read the FCRA and FDCPA... And I've read the Texas Finance Code (which is kinda like the FDCPA-- only better). Now I've also read the Texas Business Code (similar to the FCRA), Chapter 20. http://www.capitol.state.tx.us/statutes/bc/bc0002000.html I especially like this section: I know not everyone in here is from TX, but examine your own state's statutes as well, if you haven't done so! You might be pleasantly surprised. (Yes, yes, I know the "seasoned" Creditnetters have likely done so already. lol)
There is a second reason to read your state laws. Although the FCDPA does not cover OCs MANY state laws do!!
Thanks for the great info. I posted this yesterday: http://consumers.creditnet.com/straighttalk/board/showthread.php?postid=224130#post224130 Does anyone know?
For those of you in Pennsylvania there is PA's very own version of the FDCPA only better! It also includes creditors and not just Debt collectors or collection agencies. It covers anyone who is trying to collect on a debt and has some very harsh laws towards debt collectors and creditors. I use this primarily in suing debt collectors in court here in Pa and just forget about suing under the FDCPA. This makes it much easier to do in small claims court. Also leaves out any question over jurisdiction by trying to enforce federal law because you are suing under state law instead. I advise anyone to research their own state's laws before doing anything. Tac
Here is a link to the CA Civil Code re: credit reports: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1785.1-1785.6
Actually, try this link for CA state laws...Look for Title 1.6 "CONSUMER CREDIT REPORTING AGENCIES ACT" under Part 4 "OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS". It is about a 1/3 of the way down the page.
Start out here: http://leginfo.ca.gov/cgi-bin/calawquery?codesection=civ&codebody=&hits=20 Then go here: TITLE 1.6. CONSUMER CREDIT REPORTING AGENCIES ACT CHAPTER 1. GENERAL PROVISIONS ............................ 1785.1-1785.6 CHAPTER 2. OBLIGATIONS OF CONSUMER CREDIT REPORTING AGENCIES .................................. 1785.10-1785.19.5 CHAPTER 3. REQUIREMENTS ON USERS OF CONSUMER CREDIT REPORTS ..................................... 1785.20-1785.22 CHAPTER 3.5. OBLIGATIONS OF FURNISHERS OF CREDIT INFORMATION ............................... 1785.25-1785.26 CHAPTER 4. REMEDIES .................................... 1785.30-1785.35 Then here: TITLE 1.6C. FAIR DEBT COLLECTION PRACTICES Article 1. General Provisions ............................. 1788-1788.3 Article 2. Debt Collector Responsibilities ............ 1788.10-1788.17 Article 3. Debtor Responsibilities .................... 1788.20-1788.22 Article 4. Enforcement ................................ 1788.30-1788.32 I think you get the idea. I'm trying something in court. I'll let you know how it works. I am suing a collector that has it's corporate offices in Texas. I dug up Texas DC laws to present to the judge. Of course they should know the laws of the state that they are doing business in. But they DAMN sure better know the laws of the state that their business originated! After the September 6 court date I'll let you know how it goes.
ttown - I've read and re-read the laws you pointed out for California, but can't seem to find how long an unpaid tax lien can remain on credit report. Paid tax liens are 10 years, but it says all negative info can remain only 7 years. What do you think?
