Who Can You Sue and What For?
| Who | Why | Precedent/Law | Fine |
|---|---|---|---|
| Creditors if they report your credit history inaccurately | Injury to your credit report and credit score | FCRA Section 604 (A)(3) | $2500 |
| Credit bureaus if they refuse to correct information after being provided proof | Defamation, willful injury | FCRA Section 623 CUSHMAN VS. 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 SECTION 611 Part (A)(5)(B)(ii) | $2500 |
| 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) | $2500 |
| 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 | $1000 |
| 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 (See Appendix B). | $1000 |
| Collection agencies if you have sent them a cease and desist letter and they still call you | Consumer protection afforded by the FDCPA | FDCPA Section 805 (c) | $1000 |
| Collection agencies if they have not validated your debt and they still continue to report to the credit bureaus | Consumer protection afforded by the FDCPA | Section 809 (b), FTC opinion letter Cass from LeFevre (See Appendix B). | $1000 |
| Collection 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 judgment | Consumer protection afforded by the FDCPA | FDCPA Section 808 | $1000 |
| Calls you after 8 PM at night or before 9 AM | Consumer protection afforded by the FDCPA | FDCPA Section 805. (a)(1) | $1000 |
| Calls 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 FDCPA | FDCPA Section 805. (a)(3) | $1000 |
| Calls 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 FDCPA | FDCPA Section 805. (b) | $1000 |
| The collection agency can not use any kind of harassment or abuse** | Consumer protection afforded by the FDCPA | FDCPA Section 806 | $1000 |
| Collector cannot claim to garnish your wages, seize property or have you arrested *** | Consumer protection afforded by the FDCPA | FDCPA Section 807 | $1000 |
| Collector must you in a 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 FDCPA | FDCPA Section 811 (a) (2) | $1000 Also a good grounds for getting a judgment vacated |
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