So what happens with FCRA violation

Discussion in 'Credit Talk' started by kseab, Apr 14, 2005.

  1. kseab

    kseab Well-Known Member

    So many of us here report clear and obvious violations of FCRA (in my case a CA re-insterted a previously unvalidated collection despite my having a frank, apology from them last year admitting it wasn't correct) not to mention Equifax re-inserted it without informing me - all of which I am told is a violation of FCRA

    We hear a lot about "you can fine them" for this but where?

    Where does one go with a FCRA violation on the part of either a CA or CRA? I mean small claims court? So you get a judgement and then do what with it?

    Is there a licensing board or other oversight of CAs/CRAs?

    Any advice?
     
  2. jenz123

    jenz123 Well-Known Member

    you would have to sue them.

    you can report them to BBB, FTC, State Attorney Generals, etc.
     
  3. ontrack

    ontrack Well-Known Member

    That is why when they agree to back off, you insist on getting it in writing. It helps them "remember" better, and if it's not in writing it didn't happen.
     
  4. bizwiz41

    bizwiz41 Well-Known Member

    You seem to have two questions here; suing for damages due to violations of the FCRA, and enforcing the laws of the FCRA.

    If you want "enforcement", violations of the FCRA should be reported to the "Federal Trade Commission" (FTC). This is the government function that oversees the CRAs and credit transacions. If you pursue this, know you are entering a long process. However, the more people who complain about a paticular entity, the more the FTC looks at them. Also, should you "win" in a violation, this gives "evidence" should you go after the party in civil suit (small claims, court, etc.).

    If you plan to sue only; then supplying evidence (documentation of violation, and copies of the laws for the judge) will support your case. You cannot expect a small claims court judge to know all the laws of the FTC.
     

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