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holding a creditor liable for their actions

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FLORIDA

I've been doing a lot of research over the past few days on how I can hold a creditor liable for having reported inaccurate information in reference to a credit card account to my consumer credit reports. I learned that in 1996 Congress amended the FCRA to allow only state attorneys to sue credit bureaus and creditors.

Both however can still be held liable for their actions through other means of civil action. The FCRA may not specifically grant consumers the right to sue creditors but it doesn't completely protect creditors and credit bureaus from suits brought forward under other consumer allegations, such as defamation.

My question is simply this. During the course of my research, it's been suggested repeatedly that you make a good faith effort to correct the error on your consumer report by contacting the creditor and credit bureaus to request the information be reversed. Only after a reasonable amount of time has passed without compliance should you move forward with litigation.

The creditor is the one who placed the inaccurate information on my credit report. If I decide tomorrow to steal a car, the owner doesn't first attempt to find me and plead with me to give his car back before he contacts the police. He calls the cops, reports his car stolen and when found, I go to jail. This creditor should be responsible for their action, and not only after I've made an attempt to notify them of it. They've shown irresponsibility and I'm paying the ultimate price.

What are your opinions? File suit OR do as instructed by many articles and issue a dispute to all 3 credit bureaus and the account holder, then sue if unwilling to comply?
 


cmorris

Member
You do NOT just go around suing companies. That is a LAST resort. Until you dispute the error(s), they are considered correct. YOU have to let them know it is incorrect.

Everything is always done by mail, certified mail return receipt. I suggest you do more research, starting with creditboards.com. Read the newbie's section until you can't read anymore.
 

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