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     | Friday, June 16, 2000 - 09:19 am  I had a 30 past due notice in three different accounts back in 1998. I paid these accounts in full and had them closed at my request. This was in 1998. The banks sent me the letters confirming this. They also reported the information to all 3 bureaus. Nevertheless, Experian has my accounts as being delinquent as of April 2000. I just applied for a credit card and was denied "because my credit had 3 delinquencies as of 4/2000." This is exactly what the lady at the credit card company told me. Another thing is that Experian used to show that these accounts were "closed at consumer's request" Since I started writing to them about the delinquency notices they removed the creditor's statement about the account being closed by me. I'm definitely suing (I have all the paper work), I just need an opinion on how much should I sue them for. I am fuming right now.
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| | Friday, June 16, 2000 - 11:22 am Let's start with the FCRA, I'll post my comments below. § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or (B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater; (2) such amount of punitive damages as the court may allow; and (3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. (b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater. (c) Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.
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| | Friday, June 16, 2000 - 11:38 am I am NOT a lawyer, and I have numerous comments that are NOT legal advice but my opinions. The first thing you need to do is get the credit report that caused the decline. You need that report as evidence. What you say someone told you doesn't go very far in court. See if you can't get a written statement or ask if they'll allow you to tape the call. (If you know what State they're in you can check the laws and maybe you don't need permission.) A written statement sure would be nice to have. It is NOT necessary to prove what caused the decline to sue under the FCRA. If you have the evidence that you previously disputed and they subsequently again report incorrect data, that's a violation of the FCRA. I'm not sure that removing the "closed by consumer" statement is going to be a negative, as long as it doesn't say "closed by creditor." I prefer "closed by consumer" because it leaves no doubt. An unsophisticated landlord who reviews your report might assume the absence of the "closed by consumer" statement indicates that the creditor closed the account. How much you can sue for is the million dollar question. The FCRA limits your damages to $1,000. Some consumers have lost their homes due to incorrect credit reporting, but all they are entitled to under the FCRA is $1,000. You can sue for expenses such as any fees paid for credit reports, disputes, mailings, legal fees, and the damages you suffered due to the credit decline. If you now pay 20% interest because you can't get lower rates due to the incorrect reporting, it's fairly simple to calculate the difference in interest for x amount of dollars for x number of months. If you were declined for a car loan and your old car broke down and you couldn't get to work anymore and then you lost your job and subsequently your house .... well, you get the idea. I have certainly seen TREMENDOUS damages CAUSED by incorrect credit reporting, but I don't know of anyone who ever got a check for a substantial amount. You could have damages from LOST OPPORTUNITIES. If you missed out on the opportunity to purchase a $200K home for $160K because you couldn't get the financing due to your credit, you just lost another $40,000. How do you get compensated for the time you spent on this, the aggravation, the emotional distress? In my opinion everybody should get at least $1,000 as a minimum. There is the clause on punitive damages: "2) such amount of punitive damages as the court may allow;" I have no idea what kind of punitive awards the courts have allowed in other suits. Personally, I'm sick and tired of being told by the law that my time is worthless. I don't understand why there is no compensation for sleepless nights, headaches, and stress. I have heard of consumers using various strategies such as suing for defamation, and I've heard about very mixed results. What you can sue for greatly depends on your approach. FCRA violations or defamation or ... ??? Do you have a lawyer? And did you search the board for info on law suits? I think it was Gary who posted here several times about his successful suits.
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| | Friday, June 16, 2000 - 11:41 am Forgot to add that links to the FCRA, FTC Opinion letters and FCRA attorneys are in Links
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| | Friday, June 16, 2000 - 11:56 am Thanks for the great advice Christine. I’ve been dealing with this people for over nine months now and I’m growing more and more frustrated. If it is $1000 then I will tag on the money for the certified letters I have sent them. I contacted a lawyer from the link in this web site; he charges $230 for consultation. I don’t want to spend that without being sure he’ll take my case. As far as the “closed by consumer” statement I think this will be useful: § 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c] (e) Indication of closure of account by consumer. If a consumer reporting agency is notified pursuant to section 623(a)(4) [§ 1681s-2] that a credit account of a consumer was voluntarily closed by the consumer, the agency shall indicate that fact in any consumer report that includes information related to the account. I have 3 different reports from them with the information missing. I will write the credit card company and request the documentation as you suggest. I will post my results on this whatever they are. Thanks again for the advice.
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| | Friday, June 16, 2000 - 02:09 pm Wow, $230 just for a consultation. There's got to be a better way. I will add to my list of 100 things to do SOON that I should call all these lawyers and find out how they operate. And thanks for posting the quote on the account closures, I didn't know that!
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| | Sunday, June 18, 2000 - 01:15 pm Lawyers who charge $230 for a consultation mean that they aren't interested in taking the case. Find another. Go to the public library and look in a book I think called Bakewell's Guide to lawyers. Get someone listed for consumer law and tell the prima donna to take a hike.
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