I have seen several questions over the past few days. "XYZ is reporting wrong, can I sue them", and similar. Guys you need to read the statutes under which you plan to sue and become familiar with them!!! You can't go off half-cocked filing lawsuits. In the FDCPA it says: (c) A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error If you do not give them the opportunity to fix their error (or hang themselves further LOL), and head straight to court, any half-way decent attorney is going to say judge, it was an error, we will fix it. In the FCRA, in order to sue a furnisher of information, you have to look at 623(b). Notice you have to dispute through the CRA FIRST.
Agreed. Especially because the most effective weapon we have are the courts. If we start showing up in court unprepared and unfamiliar with the laws under which we're suing, we as plaintiffs/credit consumers lose very important credibility. In addition to becoming familiar with the FCRA, consider the "CRA" laws in your state. Some state's laws are even friendlier to consumers than the FCRA. One benefit of using state law is that it gives less of a chance of a CRA or CA to remove your case to federal court. $0.02
I agree wholeheartedly about checking state statutes as well, especially with out-of-state CA's. I've had a couple roll easier when I start mentioning their violation of state laws, which they are probably not familiar with. How many CA's are going to keep up with the laws of all 50 states to stay in compliance?
