|
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.
|
$1,000
|
|
Creditors
if they pull your credit file without permissible purpose
|
Injury to
your credit report and credit score
|
FCRA
Section 604 (A)(3)
|
$1,000
|
|
Credit
bureaus if they refuse to correct information after being provided proof
|
Defamation,
willful injury
|
FCRA
Section 623
CUSHMAN, v. TRANS
UNION CORPORATION US Court of Appeals for the Third Circuit Court Case 115
F.3d 220
June 9, 1997, Filed (D.C. No. 95-cv-01743).
|
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)
|
$1,000
|
|
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)
|
$1,000
|
|
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
|
$1,000
|
|
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)
|
$1,000
|
|
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
|
$1,000
|
|
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)
|
$1,000
|
|
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
|
$1,000
|
|
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
|
$1,000
|
|
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)
|
$1,000
|
|
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)
|
$1,000
|
|
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)
|
$1,000
|
|
The
collection agency can not use any kind of harassment or abuse**
|
Consumer
protection afforded by the FDCPA
|
FDCPA
Section 806
|
$1,000
|
|
Collector
cannot claim to garnish your wages, seize property or have you arrested ***
|
Consumer
protection afforded by the FDCPA
|
FDCPA
Section 807
|
$1,000
|
|
Collector
must 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)
|
$1,000
Also a
good grounds for getting a judgment vacated
|
