Statute of limitations on FCRA

Discussion in 'Credit Talk' started by KristyW, Oct 19, 2001.

  1. KristyW

    KristyW Well-Known Member

  2. roni

    roni Well-Known Member

    But did you check..........

    "A limited exception to the two year statute of limitation under the
    FCRA, 15 U.S.C. 1681p, exists. The "discovery rule" provides that
    commencement of the statute of limitation does not begin until the
    consumer knew or should have known of the issuance of the report or the
    injury was incurred. "


    And my favorite....

    "Nonetheless, each transmission of the same credit report is a separate
    and distinct tort to which a separate statute of limitation applies. "


    Basically, I read it as giving the consumer two years to file legal action or loose the ability.... For people who are interested in sueing that the error ever existed not that it currently exists in the file.
     
  3. KristyW

    KristyW Well-Known Member

    Well, that makes me breath a heavy sigh of relief. :) Thanks bkev!
     
  4. roni

    roni Well-Known Member

    No problem. I think consumers can argue that creditors and credit reporting agencies are liable for every transmitted version of the credit report much the same way that a supermarket tabloid is liable if they produced false stories about Tom Cruise being gay in several issues of their papers. Tom would sue for a retraction for every issue.

    This maybe one reason that TU uses file numbers instead of the report numbers that Experian and Equifax use....
     
  5. KristyW

    KristyW Well-Known Member

    Interesting....
     

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