Will the credit bureaus agree to stop credit reporting if I file an FCRA lawsuit?

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Will the credit bureaus agree to stop credit reporting if I file an FCRA lawsuit?

Will the credit bureaus agree to stop credit reporting if I file an FCRA lawsuit?

In one of our recent live Q&A sessions on our Youtube channel, a viewer asked whether credit bureaus will agree to stop reporting if an FCRA lawsuit is filed against them.

The Statute of Limitation and the time limit to credit report are two different things.

The Statute of Limitation is the time limit to sue.

However, collectors could still credit report after the Statute of Limitation has expired.

If they do credit report, they must credit report accurately.

If they are reporting inaccurate information, this should be disputed through the credit bureaus.

Say exactly what is wrong.

Earlier this year, the was a 9th circuit case, Goz v Experian that dealt with this issue.

Basically, the opinion for this case says that if you are disputing things, you have to identify what is wrong.

If you do not identify the problem, then Experian, or whatever bureau you file the dispute through, has no obligation to do anything with your credit report.

You must dispute with the credit bureaus and tell them exactly what is wrong.

If they don’t fix this, then you sue them. Once you should them they should stop credit reporting.

When we sue them it is non-negotiable. We may negotiate the amount of money that will be paid, but they absolutely have to delete that account.

But if you have the right lawyer (one experienced with the FCRA), you sue them, you have good facts for your case, usually, the debt bureaus will go on and delete it.

If they don’t fix it, we could stand in front of the judge and jury telling them about how our client made multiple disputes and even sued the collector and they still wouldn’t fix the problem. The jury will need to award a large sum of money to get this collector’s attention.

This is a bad look for them and they don’t want to pay any more than they have to.

They don’t want us to make this argument against them.

So, they typically take it off the report.

What if you send in your dispute and the credit card company says it is correct?

Take a look at all the information. See if there is anything else you can do to show that it is inaccurate. Any other proof you can provide.

If you file suit, the judge will want to see your dispute letter and then they will read the response from the credit card company.

The judge will ask if you can prove that the credit card company conducted a lousy investigation.

In order to prove this, you will need to provide plenty of information to show the decision was wrong.

Sometimes people will dispute things without any particular basis to them.

They say, “I never had a Capital One card.” When really they did at one point have this account.

Try to put some detail with the dispute and show that it is wrong.

Gather proof to back up your dispute.

If they say you were late in January 2019, show your bank statement with the payment on the correct date listed.

They cashed your check on January 15th, 2019. You weren’t late because you have proof that you paid them money in January.

Think about what you can do to prove these errors.

If you are dealing with false information on your credit report, I would definitely find a consumer lawyer in your state to discuss your specific situation.

If you live in Alabama and you have any questions, feel free to get in touch with us.

We would be glad to help you in any way we can.

You can reach us by phone at 1-205-879-2447, or you can fill out a contact form and we will get in touch with you quickly. 

Thanks for reading, and have a great day!

-John Watts

 

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