so who can you sue and what can you sue for

7/31/2019 So Who Can You Sue and What Can You Sue For

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Who Why Precedent/Law Fine

Creditors if theyreport your credithistory inaccurately

Defamation, financialinjury

US Court of Appeals,Ninth Circuit, No.00-15946, Nelson vs.

Chase Manhattan

Extent of damagesincurred by thewronged party as

deemed by the courts

Creditors, if youdispute a debt, andthey fail to report it asdisputed to the creditbureaus

Protection under theFCRA

FCRASection 623.

$1,000

Creditors if they pullyour credit filewithout permissiblepurpose

Injury to your creditreport and creditscore

FCRA Section 604(A)(3)

$1,000

Credit bureaus if theyrefuse to correctinformation afterbeing provided proof

Defamation, willfulinjury

FCRA Section 623

CUSHMAN, v.TRANS UNIONCORPORATION USCourt of Appeals forthe Third CircuitCourt Case 115 F.3d220June 9, 1997, Filed

(D.C. No. 95-cv-01743).

Extent of damagesincurred by thewronged party, asdeemed by the courts

Credit bureaus if theyreinsert a removeditem from your creditreport withoutnotifying you inwriting within 5business days.

Consumer protectionafforded by theFCRA

FCRA Part (A)(5)(B)(ii)

$1,000

Credit bureaus if theyfail to respond to yourwritten disputeswithin 30 days (a 15day extension may begranted if they receiveinformation from thecreditor within the

Consumer protectionafforded by theFCRA

FCRA Section 611Part (A)(1)

$1,000


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first 30 days)

Collection Agencycan NOT be BOTHpurchaser and

'assignee'it's one or the other

Protection under theFDCPA

Gearing v. CheckBrokerage Corp233 F.3d 469 (7th

Cir. 2000)

$1000

Misrepresentations bythe collector aboutthemselves or thedebtare actionableregardlessof intent


Gearing v. CheckBrokerage CorpCacace v. Lucas, 775F. Supp. 502, 505 (D.Conn. 1990)

$1000

Creditors or

collection agencies,and credit bureaus ifthey try and Re-ageyour account byupdating the date oflast activity on yourcredit report in thehopes of keepingnegative informationon your accountlonger

Consumer protection

afforded by theFCRA

FCRA Section 605

(c) Running of thereporting period

$1,000

If you dispute a debt,the collection agencyfails to report itdisputed to the creditbureaus


FDCPASection 807(8)

$1,000

Collection agencies ifthey do not validateyour debt yetcontinue to pursue

collection activity(file for judgments,call or write you)

Consumer protectionafforded by theFDCPA

FDCPASection 809 (b),FTC opinionletterCass from

LeFevre

$1,000

Collection agencies ifyou have sent them acease and desist letterand they still call you


FDCPASection 805 (c)

$1,000


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Collection agencies ifthey have notvalidated your debtand they still continueto report to the credit

bureaus


FDCPA Section 809(b),

FTC opinionletterCass from

LeFevre

$1,000

Collection agencies ifthey: - Cash a post-dated check beforethe date on the check- Cost you money bymaking you acceptcollect calls or CODmail- Take or threaten to

take any personalproperty without ajudgment


FDCPA 808 Section $1,000

If a collector calls youafter 9 PM at night orbefore 8 AM


FDCPA Section 805.(a)(1)

$1,000

Calls you at yourplace of employmentif the debt collectorknows or has reason

to know that youremployer prohibitsthe consumer fromreceiving suchcommunication.


FDCPA Section 805.(a)(3)

$1,000

Calls any third partabout your debt likefriends, neighbors,relatives, etc.However they can

contact your attorney,a consumer reportingagency, the creditor,the attorney of thecreditor, or theattorney of the debtcollector.


FDCPA Section 805.(b)

$1,000


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The collection agencycan not use any kindof harassment orabuse**


FDCPA Section 806 $1,000

Collector cannotclaim to garnish yourwages, seize propertyor have you arrested***


FDCPA Section 807 $1,000

Collector must you ina county in which youlived when yousigned the originalcontract for the debtor where you live atthe time when theyfile the lawsuit


FDCPA Section 811(a) (2)

$1,000Also a good groundsfor getting a judgmentvacated

so who can you sue and what can you sue for

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