How Do I Sue A Credit Bureau

[ConsumerMike]

What is the name of your state?What is the name of your state?TX

I have beed trying for months to get information corrected on my credit file. Three years ago the credit bureau sent me a letter telling me they had removed the erroneous information. But recently, when I checked my file under the new free credit report access program I noticed that the information was still there. In the past three months I have sent 6 letters to them to get it removed. Each time they send me back a copy of my credit report with the erroneous item still not removed. I've even talked to their fraud department who told me to write them another letter telling them that the information is wrong and they'd get it removed. They didn't. I don't want to send any more letters, it's getting tiresome and expensive as I have to do Return Receipt and Certified Mail processes.

I want to sue them. Not only to get them to do what they should, but now I'm annoyed enough that I want monetary damages too.

Any ideas, or suggestions? I'd prefer not to hire a lwayer and do it myself, but if a lawyer is the only way to do it then I will.

 

[Veronica1228]

What is the name of your state?What is the name of your state?TX

I have beed trying for months to get information corrected on my credit file. Three years ago the credit bureau sent me a letter telling me they had removed the erroneous information. But recently, when I checked my file under the new free credit report access program I noticed that the information was still there. In the past three months I have sent 6 letters to them to get it removed. Each time they send me back a copy of my credit report with the erroneous item still not removed. I've even talked to their fraud department who told me to write them another letter telling them that the information is wrong and they'd get it removed. They didn't. I don't want to send any more letters, it's getting tiresome and expensive as I have to do Return Receipt and Certified Mail processes.

I want to sue them. Not only to get them to do what they should, but now I'm annoyed enough that I want monetary damages too.

Any ideas, or suggestions? I'd prefer not to hire a lwayer and do it myself, but if a lawyer is the only way to do it then I will.

What is the whole story here? Is it possible that the reporting error is the fault of the company that is reporting it?

You can of course try one more letter and in it you can tell them that you will be reporting them to the FTC for violating the FCRA. You can send your complaint by going to www.ftc.gov.

 

[ConsumerMike]

Three years ago they verified that the information they were posting was invalid and they sent me a letter stating that they would remove it. Also, they have not said anything to me about verifying that the false information is valid. To be specific it concerns an address which they show as me having lived at, and I never have. There is no one who could be giving them that false informnation.

The FTC idea is good, but I'm so ticked off at them that I don't want to give them an easy way out. There is no reaosn this should be going on 3 months, and I hate being ignored.

So, what I'm really looking for is information as to how to actually sue them in Texas. What do I need to do, or where do I need to go, or what links on the web I can use for further research.

Thanks for your reply.

 

[dcatz]

I'm so ticked off at them that I don't want to give them an easy way out. There is no reaosn this should be going on 3 months, and I hate being ignored.

Rotten reason to think about suing. Especially when you haven't confirmed who is at fault.
No evidence that they're at fault
No evidence that you've suffered damages to justify the cost.
No evidence that you could do it without an attorney, but evidence right here that you don't know where to start.
No evidence that you're ready to stick with your litigation to the end, if it goes sour.
No evidence that you're not going to be reeeeal cranky, if they win and get you for costs of defense.

But hey, there are links all over. A good place to start would be with a review of the FCRA. And read Sect. 613 while you're there:
http://www.ftc.gov/os/statutes/fcra.htm

And there are links right on this site. Beyond that, ask around, post an ad. If you're willing to spend the time and money, you can always find someone to handle your case. If you don't find all the help here, it may be that others see the problems better than you do.

I don't want to send any more letters, it's getting tiresome and expensive as I have to do Return Receipt and Certified Mail processes.

I want to sue them. Not only to get them to do what they should, but now I'm annoyed enough that I want monetary damages too.

If you think mail is expensive, wait 'til you see what litigation costs.

Go get'm, Tiger.

 

[ConsumerMike]

Suing Credit Bureau

dcatz, I understand your points. A prior responder suggested the FTC site and I went there and did file a complaint. But, as for determination, I have it, as long as there's a way to do it. Plus, they ARE at fault. They have told me to simply tell them that the information is wrong and they would remove it. I did, they didn't. I have proof of it too from the letter they sent me 3 years ago. As for costs, I doubt they sue me for expenses. This is the kind of thing they don't want bad publicity about. But we'll see, I'm still researching. And, I'm not totally against using a lawyer if that's what it turns out to need, but I just think there has to be a way to do it yourself.

 

[matti422]

You still are missing a major part of what a claim entails - damages. Real, monetary damags for which you can produce receipts stating you lost or spent money because of this error. Contrary to many of the uninitiated's opinions, you don't just get to make up a number and sue for it. You must be able to principle your claim based on facts and damages sustained.

And don't think they won't go after you for litigation costs. With no actual damages, your suit looks frivolous and they have more lawyers than you do. Imagine what a $20,000 settlement for litigation damages will due for your credit report.

 

[dcatz]

OP - There are two reasons that I'm beating this dead horse one more time.

The first is my hope that those who may follow you with a mindset similar to yours will get more than you seem to be doing from the discussion of potential problems. If you personally remain determined, go for it.

The second is that I see that I erred when directing your attention to the Act. I meant to point you to Sect. 617 (specifically, to Sect. 617(a)(1) - perhaps to Sect. 617(b), if you're unlucky). Instead, I pointed you to Sect. 613 and didn't catch my error. I wanted to acknowledge the typo and correct myself.

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

(a) In general. Any person who is negligent in failing 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) any actual damages sustained by the consumer as a result of the failure
Right now, we only know that you've incurred mailing costs. For all we know, those could be excessive.

And by the way, I didn't direct you to the FTC's site to file a complaint. I suggested that you read the Act. I'm inclined to think that you still haven't done that.

As determined as you pronounce yourself, you also haven't addressed the issue of how you know they're at fault, 'tho it has been presented to you a couple of different ways. You haven't even questioned how the fault could lie anywhere but with the CRA. Do you think people would keep asking, if there weren't the possibility of another answer?

Do you know if you can successfully proceed, if you can't at least meet the negligence standard? - Read the Act.

The Fraud dept. invited you to write and you no longer want to do that. Do you know if that undermines your chances of prevailing? - Read the Act.

You say "I doubt they sue me for expenses". Do you think "get you for costs of defense" means they sue you? Just a hint - it doesn't. Some law firm is going to look at you as the New Year's party it couldn't previously afford.