RE: Suing CRA's

Discussion in 'Credit Talk' started by drod19917, May 14, 2002.

  1. drod19917

    drod19917 Member

    Hi, Everyone,

    I'm hoping that you can help me....

    I've often read that an individual can sue an CRA for willfull non-compliance. I read somewhere about suing in small claims and after investigating this, I've found that the CRA has to be serviced in the city/county the small-claims court is in.

    Anyway, I live in the state of NY.

    Can anyone refer web sites, books, or procedures for taking CRAs to court.

    I am not ready to sue, but I think I will need this info.

    Thanks a bunch :)
     
  2. ted75

    ted75 Well-Known Member

    In my lawsuits against Equifax and Trans Union, I used the following in determining the choice of venue...

    Choice of Venue Explanation:

    F â?? Other (per FCRA § 618 or 15 U.S.C. § 1681p)

    The filed claim is a result of violations contained within the Fair Credit Reporting Act (U.S. Code). Therefore, citing Section 618, this venue is the appropriate jurisdiction. A copy of Section 618 is stated below:

    Fair Credit Reporting Act â?? Section 618

    § 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p]

    An action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this title, the action may be brought at any time within two years after discovery by the individual of the misrepresentation.
     
  3. invisible

    invisible Member

    To whom it may concern

    Could you possibly publish or email me the documents or templates you used so that I may use the correct terminology when i do sue the cra's.
    Any help would be greatly appreciated.
    Thank you.
    Mike
     

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