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So Who Can You Sue and What Can You Sue For?

Who Why Precedent/La Fine


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Creditors if they Defamation, US Court of Extent of
report your credit financial injury Appeals, Ninth damages
history inaccurately Circuit, No. 00- incurred by the
15946, Nelson vs. wronged party
Chase Manhattan as deemed by
the courts
Creditors if they Injury to your FCRA $2500
pull your credit file credit report and Section 604
without permissible credit score (A)(3)
purpose
Credit bureaus if Defamation, willful FCRA Extent of
they refuse to injury Section 623 damages
correct information incurred by the
after being CUSHMAN, v. wronged party,
provided proof TRANS UNION as deemed by
CORPORATION the courts

US Court of
Appeals for the
Third Circuit Court
Case 115 F.3d
220
June 9, 1997,
Filed
(D.C. No. 95-cv-
01743).

Credit bureaus if Consumer FCRA $2500


they reinsert a protection afforded SECTION 611
removed item from by the FCRA Part (A)(5)(B)(ii)
your credit report
without notifying
you in writing
within 5 business
days.
Credit bureaus if Consumer FCRA $2500
they fail to respond protection afforded Section 611
to your written by the FCRA Part (A)(1)
disputes within 30
days (a 15 day
extension may be
granted if they
receive information
from the creditor
within the first 30
days)
Creditors or Consumer FCRA $1000
collection agencies, protection afforded Section 605
and credit bureaus by the FCRA (c) Running of the
if they try and “Re- reporting period
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
Collection agencies Consumer FDCPA $1000
if they do not protection afforded Section 809 (b),
validate your debt by the FDCPA FTC opinion letter
yet continue to Cass from
pursue collection LeFevre (See
activity (file for Appendix B).
judgments, call or
write you)
Collection agencies Consumer FDCPA $1000
if you have sent protection afforded Section 805 (c)
them a cease and by the FDCPA
desist letter and
they still call you
Collection agencies Consumer Section 809 (b), $1000
if they have not protection afforded FTC opinion letter
validated your debt by the FDCPA Cass
and they still from
continue to report LeFevre
to the credit (See
bureaus Appendi
x B).
Collection agencies Consumer FDCPA $1000
if they: protection afforded Section 808
- Cash a post- by the FDCPA
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
Calls you after 8 Consumer FDCPA $1000
PM at night or protection afforded Section 805. (a)
before 9 AM by the FDCPA (1)
Calls you at your Consumer FDCPA $1000
place of protection afforded Section 805. (a)
employment if the by the FDCPA (3)
debt collector
knows or has
reason to know
that your employer
prohibits the
consumer from
receiving such
communication.
Calls any third part Consumer FDCPA $1000
about your debt protection afforded Section 805. (b)
like friends, by the FDCPA
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.
The collection Consumer FDCPA $1000
agency can not use protection afforded Section 806
any kind of by the FDCPA
harassment or
abuse**
Collector cannot Consumer FDCPA $1000
claim to garnish protection afforded Section 807
your wages, seize by the FDCPA
property or have
you arrested ***
Collector must you Consumer FDCPA $1000
in a county in protection afforded Section 811 (a)
which you lived by the FDCPA (2) Also a good
when you signed grounds for
the original getting a
contract for the judgment
debt or where you vacated
live at the time
when they file the
lawsuit