It is not a tough job to sue your creditors if they are not following the laws as per the Fair Credit Reporting Act. The rules were made so that the creditors abide by it. If they are not following the laws, then you can sue them for each violation. You can sue a creditor on following grounds mentioned in this article.

Lawsuits

Lawsuits

Reporting inaccurate information on your credit report – If the creditor is reporting inaccurate negative information on your credit report, you need to dispute those items and the creditors will fix it. If you make a partial payment and they are not reporting it to the credit bureaus, they are violating the laws.

Not reporting a debt that is disputed – If you dispute a debt, and the creditor fails to give you information on that account, then they should report it as disputed to the credit bureaus. If they neglect to do this, you can make them pay for it.

Pulling your credit report without permissible purpose – creditors are not allowed to pull your credit report without permissible reasons. If they are making inquiries on your credit report without your permission, it is a serious violation and you can take actions against them.

FCRA

FCRA

Calling your place of employment – just because you have a debt with a creditor, they cannot violate the laws. If you request a creditor not to call you at your place of work, then they have to abide by it. If they are still calling your place of employment repeatedly, then you can take legal actions for such violations.

Creditors cannot harass or abuse you on the phone – creditors are required to do collections in a fair manner. They cannot harass or abuse you on the phone if you are not able to pay a debt within a certain period of time.

They are many other ways to sue a creditor if they are violating the laws. Its important that you be organized and do proper documentation, take notes of all phone calls. You can sue the creditors for each violation and make enough money to pay off your debts or at least make a dent in it.

Informative link about Fair Credit Reporting Act:

http://www.ftc.gov/os/statutes/031224fcra.pdf

Comments Off on How to sue your creditors as per the Fair Credit Reporting Act

Debt collectors are very famous for crossing the lines and violating the federal laws in their attempts to obtain payment. They will use their most scary and intimidating tactics to recover payments from you. In most of the cases, people are not aware of the legal restrictions applicable during collections and that’s why they end up being harassed by the creditors and the collection agencies.

Following are the possible violations of the FDCPA:

  • When a collection agency is contacting a third party, they have to identify themselves with their business. If they don’t tell you the name of their company for whom they are doing the collections, it is a violation of the law. They are only required the collect the contact information of the person on whom they are doing the collections.
  • Debt collectors cannot discuss about your debts with the third parties. If they try to give your personal information or disclose your debt details, it is a violation of the law.
  • Collection agencies are allowed to contact the third party once only, unless they are requested to be called again.
  • Collection agencies cannot contact you after you are being represented by an attorney. If they are try to call you after receiving the power of attorney from your lawyer, it is a violation of the FDCPA.
  • Collection agencies are allowed to call between 8 am and 9 pm, your time. They are not allowed to contact your place of work or home after you have sent the partial cease and desist letter and requested communication in writing only.

Following cases are considered to be harassment or abuse:

  • Debt collectors harass, oppress, or abuse any person
  • Threat of Force or criminal means to harm you or your property
  • Using profane language
  • Calling repeatedly
  • Calling you without disclosing identity (“I am a debt collector attempting to collect a debt”)
  • Most of the collection agencies violating the laws are famous for presenting false and misleading information to recover the payments from the consumers. They will attempt to collect more than what is owed. In certain cases, they will use scary and intimidating tactics like they are calling from the federal bureau or the attorney’s place and if the payment is not done, they will take you to the jail, or garnish wages. Don’t be afraid if they are threatening to sue you. They are trying to blow hot air.