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See in full
FCRA
FDCPA
(for collectors)
You have the right to dispute inaccurate
information in your credit report by contacting the credit
bureaus directly. However, neither you nor any "credit
repair" company or organization has the right to have
accurate, current and verifiable information removed from your
credit report. The credit bureau must remove accurate,
negative information from your report only if it is over 7 years
old. Bankruptcy information can be reported for 10 years
.
You have a right to obtain a copy of
your credit report from a credit bureau . You may be
charged a reasonable fee. There is no fee, however, if
you have been turned down for credit, employment, insurance, or
rental dwelling because of information in your credit report
within the preceding 60 days . The credit bureau must
provide someone to help you interpret the information in your
credit file. You are entitled to receive a free copy of
your credit report if you are unemployed and intend to apply for
employment in the next 60 days, if you are a recipient of public
welfare assistance, or if you have reason to believe that there
is inaccurate information in your credit report due to fraud.
You have the right to sue a credit repair
organization that violates the Credit Repair Organization Act.
This law prohibits deceptive practices by credit repair
organizations.
You have the right to cancel your contract
with any credit repair organization for any reason within three
days from the date you signed it.
Credit bureaus
are the latest tobacco companies! They are a monopoly that
has it set up to where they sell your name and some
details about your credit profile without your permission
to as many lenders (ever wonder how you get so much
junk mail for credit card offers?)they can and its legal unless
you "OPT-OUT " of these lists by
sending them notice (we include this in our service). Everywhere
else in life someone cant give your information without your
permission, HOW do they get away with this? and WHO is
scamming who? Even if you don't use our service please
"OPT-OUT " to stop what should be an
illegal act. Like tobacco companies lobbying congress so they
could get away with things like (among other things)not
having to list every ingredient on the box, credit bureaus have
taken your right of privacy away and made it to where they can
sell your information to any creditor they choose. Every
time you get an offer in the mail it means they made money over
selling your information, did you ever tell them it was OK?
While this convenient set up brings in billions of dollars
they spend that money on campaigns telling you why you can't fix
your credit, why you should disregard the opt out feature
because of some crazy email hoax they use to confuse the issue
and neglect to tell you that identity fraud is also caused
by the very junk mail they produce by selling your
information. They forget to tell you THAT now didn't
they?
Credit bureaus
can be sued if they dont investigate correctly. By the
way, they make mistakes more than you know! see an example of
just one way they trick you into thinking they
"verified" an item. They dont investigate
, they send a prefilled out form to the creditor and
all the creditor has to do is check a box. They do not request
to show proof . Its like going to court and the
judge saying "check here whether you are innocent or
guilty." Its ridiculous! Errors happen all
the time where your data gets inputted wrong and if you could go
infront of someone and represent yourself properly you would be
able to untangle it. You cannot call anyone unless you have a
report number. You can't get one unless you BUY a report, unless
you were turned down then you have to order it and it comes in
the mail which takes over 30 days to get-where you can buy
one off their internet in seconds. They used
to give them instantly if you were denied credit but they know
they can get away with this "dangling carrot"
marketing, just like the tobacco companies. So if you
find out you were damaged by them and a creditor(takes both for
an error to happen) you have to wait 30 days to address it. WHY?
they have the ability to handle this over the internet. They
dont offer it for free. You can't even start the process, it HAS
to be done by mail. Can you say manipulation?
You may, on your own, notify a
credit bureau in writing that you dispute the accuracy of
information in your credit file . The credit bureau
must then reinvestigate and modify or remove inaccurate or
incomplete information. The credit bureau may not charge any fee
for this service. Any pertinent information and copies of all
documents you have concerning an error should be given to the
credit bureau.
If the credit bureau's reinvestigation does
not resolve the dispute to your satisfaction, you may send a
brief statement to the credit bureau, to be kept in your file,
explaining why you think the record is inaccurate. The credit
bureau must include a summary of your statement about disputed
information with any report it issues about you.
The Federal Trade Commission
regulates creditor, collection agencies, credit bureaus and
credit repair organizations. For more Contact: The Public
Reference Branch, Federal Trade Commission, Washington DC, 20580
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Collector's can't harrass you if you know the secrets!
Did you know if you tell them to only contact you
by mail and not call your home, work, family or friends?
T hey have to stop immediately
or you can take THEM to court for $1000 per instance. They can't
threaten to
garnish your wages or take your car! If they do it's
sueable in court and we will help you through it!
Suing in small claims court is often called the "poor man's
class action lawsuit".
You know the old sayings, "Money talks" and "Vote with
your dollars". Well, most companies, the credit bureaus and
creditors included, are not going to change their ways unless it is in
their best interest to do so . All of these companies have
stockholders to report to, so if one of their practices is costing them
a better bottom line, you better believe they will act to change their
ways. One of these ways is for you the consumer, to take action
legally against these companies when your rights have been violated and
we help you through it.
Profit while helping others
The best news is that typically, each violation can be a $1000 fine,
so it's money in your pocket. In addition, you are going to help make
someone else's life better by suing someone who has broken the law. If
everyone took action when their rights were violated, the credit bureaus
would lose a fortune in legal disputes. It's time to protect your rights
as a consumer as well as protecting the rights of your fellow United
States citizens.
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** (1) The use or threat of use of violence or other criminal means
to harm the physical person, reputation, or property of any person. (2)
The use of obscene or profane language or language the natural
consequence of which is to abuse the hearer or reader. (3) The
publication of a list of consumers who allegedly refuse to pay debts,
except to a consumer reporting (4) The advertisement for sale of any
debt to coerce payment of the debt. (5) Causing a telephone to ring or
engaging any person in telephone conversation repeatedly or continuously
with intent to annoy, abuse, or harass any person at the called number.
(6) Placement of telephone calls without meaningful disclosure of the
caller's identity.
***If the collection agency get a judgment against you, then they
will be able to garnish your wages and seize property, but until that
time, no.
Here is a list of State Law:
California Credit Law:
http://www.leginfo.ca.gov/calaw.html
Here is a guide to look up state laws by your state.
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So Who Can You Sue and What Can You Sue For?
| Who |
Why |
Precedent/Law |
Fine |
| Creditors if they report your credit history
inaccurately |
Defamation, financial injury
|
US Court of Appeals, Ninth Circuit, No. 00-15946,
Nelson vs. Chase Manhattan |
Extent of damages incurred by the wronged party as
deemed by the courts |
| Creditors, if you dispute a debt, and they fail to
report it as disputed to the credit bureaus |
Protection under the FCRA |
FCRA
Section 623. |
$1000 |
| Creditors if they pull your credit file without
permissible purpose |
Injury to your credit report and credit score |
FCRA Section 604 (A)(3) |
$1000 |
| Credit bureaus if they refuse to correct
information after being provided proof |
Defamation, willful injury |
FCRASection 623
CUSHMAN, v. TRANS UNION CORPORATION US Court of Appeals for the
Third Circuit CourtCase 115 F.3d 220
June 9, 1997, Filed (D.C. No. 95-cv-01743).
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Extent of damages incurred by the wronged party, as
deemed by the courts |
| Credit bureaus if they reinsert a removed item from
your credit report without notifying you in writing within 5
business days. |
Consumer protection afforded by the FCRA |
FCRA Part (A)(5)(B)(ii) |
$1000 |
| Credit bureaus if they fail to respond to your
written disputes within 30 days (a 15 day extension may be granted
if they receive information from the creditor within the first 30
days) |
Consumer protection afforded by the FCRA |
FCRA Section 611 Part (A)(1) |
$1000 |
| Creditors or collection agencies, and credit
bureaus if they try and “Re-age” your account by updating the
date of last activity on your credit report in the hopes of
keeping negative information on your account longer |
Consumer protection afforded by the FCRA |
FCRA Section 605
(c) Running of the reporting period |
$1000 |
| If you dispute a debt, the collection agency fails
to report it disputed to the credit bureaus |
Protection under the FDCPA |
FDCPA
Section 807(8) |
$1000 |
| Collection agencies if they do not validate your
debt yet continue to pursue collection activity (file for
judgments, call or write you) |
Consumer protection afforded by the FDCPA |
FDCPA
Section 809 (b),
FTC opinion letter Cass from LeFevre
|
$1000 |
| Collection agencies if you have sent them a cease
and desist letter and they still call you |
Consumer protection afforded by the FDCPA |
FDCPA
Section 805 (c) |
$1000 |
| Collection agencies if they have not validated your
debt and they still continue to report to the credit bureaus |
Consumer protection afforded by the FDCPA |
FDCPA Section 809 (b),
FTC opinion letter Cass from LeFevre
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$1000 |
Collection agencies if they: - Cash a post-dated
check before the date on the check
- Cost you money by making you accept collect calls or COD mail
- Take or threaten to take any personal property without a
judgment |
Consumer protection afforded by the FDCPA |
FDCPA 808 Section |
$1000 |
| If a collector calls you after 9 PM at night or
before 8 AM |
Consumer protection afforded by the FDCPA |
FDCPA Section 805. (a)(1) |
$1000 |
| Calls you at your place of employment if the debt
collector knows or has reason to know that your employer prohibits
the consumer from receiving such communication. |
Consumer protection afforded by the FDCPA |
FDCPA Section 805. (a)(3) |
$1000 |
| Calls any third part about your debt like friends,
neighbors, relatives, etc. However they can contact your
attorney, a consumer reporting agency, the creditor, the attorney
of the creditor, or the attorney of the debt collector. |
Consumer protection afforded by the FDCPA |
FDCPA Section 805. (b) |
$1000 |
| The collection agency can not use any kind of
harassment or abuse** |
Consumer protection afforded by the FDCPA |
FDCPA Section 806 |
$1000 |
| Collector cannot claim to garnish your wages, seize
property or have you arrested *** |
Consumer protection afforded by the FDCPA |
FDCPA Section 807 |
$1000 |
| Collector must sue you in a county in which you
lived when you signed the original contract for the debt or where
you live at the time when they file the lawsuit |
Consumer protection afforded by the FDCPA |
FDCPA Section 811 (a) (2) |
$1000
Also a good grounds for getting a judgment vacated
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