Suing CRAs Cliff Notes

Discussion in 'Credit Talk' started by Marie, Jul 6, 2001.

  1. Marie

    Marie Well-Known Member

    Since so many are trying to trip up the CRAs, here's some hints from all the cases I've read.

    1. Large award overturned on appeal because file was only seen by consumer, not a lender (def: consumer file is one dissiminated to a someone else... you don't count).

    Lesson: apply somewhere and let someone other than you see the file

    2. Get harms! Get denied somewhere. Apply for employment and have it be an issue. Set up difinitive harms to complain about.

    Lesson: get denied for each CRA you're suing.

    3. GET A Papertrail!!! document everything. Send all letters certified rrr. Get copies of their procedural descriptions. Get lenders to send you a letter verifying CRA no contact.

    Lesson: trap them in writing. If it's not in writing it doesn't exist.

    4. Good idea to dispute it all... and dispute it twice. The cras lie so quickly what's the big deal another month??? because a dispute done more than once is SUPPOSED to get more consideration. If they b/s you again... they're violating the higher standard.

    Lesson: do it twice but then set up and intend to sue. Anything over 2 is a waste of your time.

    5. Dispute directly with the lender too (because they're supposed to put on your report that the line is in dispute). Rarely if ever done. Another violation. But you must have a COPY of your report (after you contact the lender and dispute it).

    6. READ the FCRA inside and out. make a list of all the errors they can do. Try to get them to make those errors.

    7. Once you're gathered your case, write one last letter to their legal dept. Site cases, send copies with highlights. Fax them, call them. Be a pain in their assets.

    8. Look for every error and dispute every little one. It makes them look more incompetent and you'll get them all corrected/ off when you catch them on FCRA violations etc

    9. By the way, FCRA is a weak law. Difficult to use as a big hammer. Use it. but Defamation is better, negligent enablement of identity fraud is good. Read up on it all so you know what to say. Use a shotgun approach. If you're right on 2/5 you're still got them. Use it all and let a judge throw out what sucks.

    Lesson: sue them for it all.

    10. Don't jump the gun. Get it all together then do it right. A threat is one thing, real proof is another. If you say you're filing and they don't fix it all, file. If you're not prepared to at least file in small claims court then you might want to just keep disputing.

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