Suing Creditors, Credit Bureaus and Collection Agencies
Who Can You Sue and What Can You Sue For When it Comes to Credit?
| 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 $1,000Collection agencies if you have sent them a cease and desist letter and they still call youConsumer protection afforded by the FDCPAFDCPA
Section 805 (c)$1,000Collection agencies if they have not validated your debt and they still continue to report to the credit bureausConsumer protection afforded by the FDCPAFDCPA Section 809 (b),
FTC opinion letter Cass from LeFevre $1,000Collection 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 judgmentConsumer protection afforded by the FDCPAFDCPA 808 Section$1,000If a collector calls you after 9 PM at night or before 8 AMConsumer protection afforded by the FDCPAFDCPA Section 805. (a)(1)$1,000Calls 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 FDCPAFDCPA Section 805. (a)(3)$1,000Calls 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 FDCPAFDCPA Section 805. (b)$1,000The collection agency cannot use any kind of harassment or abuse**Consumer protection afforded by the FDCPAFDCPA Section 806$1,000Collector cannot claim to garnish your wages, seize property or have you arrested ***Consumer protection afforded by the FDCPAFDCPA Section 807$1,000Collector must sue you in the 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 FDCPAFDCPA Section 811 (a) (2)
$1,000
Also a good grounds for getting a judgment vacated
** (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.
You may also like to visit these pages:
- Collection Agencies – the role of colection agencies in the consumer credit industry.
- Statute of Limitations – How the statue of limitations affects a creditor’s ability to sue you for a old debt.
- Dealing with a Credit Bureau – What you need to know if you are going to contact a credit bureau about your low credit score.
