Can a person sue the furnisher of information if they falsely report on a Credit Report? FCRA

boiler williams fix credit

I was asked how to sue a furnisher of information for reporting false data on a persons credit report. This person (Billy) pulled his credit and has four accounts from Midland on his consumer credit report. He needs to sue them, right?

Wrong.

This is a misconception that most credit experts and lawyers have.

First of all, he did dispute the debt with all three major credit reporting agencies (CRAs),

The problem is that this is a clear violation of the FCRA. That is right… but their is no private right of action. If you sue for this you will loose. You cannot sue for incorrect information even though it is a violation of the law. The government needs to sue for this but a private person cannot. Good luck getting the government to stick up for you.

For case citations see: Peart v. Shiooie, 2009 and Schlueter v. BellSouthTelecom 2010

To have a case you have to find a cause of action with a private right of action.

If you look you will find it.

Fight the Essential Fight,

Boiler Williams

 

2 comments
  1. Yes you can sue Midland and the credit bureau so pull all three some they show up and some they don’t. I am currently working on three Midland cases. Based on your post and not actually reviewing anything if I were you I see FDCPA with FRCA and UDAAP and each credit bureau that is reporting it as well. If you have previously disputed verbally or written with Midland or any credit bureau or the original creditor and verbal does count per two supreme court decisions who ruled that the law does not state nor require written and creditors and debt buyers or collection agencies cannot decide to alter the law to meet their needs or demand what form of communication a consumer has to use to utilize their rights under state or federal laws as a consumer. Also, Midland cannot be a creditor as they did not originate the account and are not in the business of financing or origination they purchase data (emphasis on data not accounts) the majority of the data they purchase no consumer has any legal obligation to pay what they are asking) they do not have access to or the ability to talk to the creditor or obtain any documentation per their own debt purchase contracts. Which I have in my possession and are admissible in court. I have testified under oath with regulatory agencies and multiple attorney generals as to the original creditors and Encore (aka Midland, aka Cach, aka Asset Acceptance and whatever other shell companies of the day they are using) in addition to being a debt buyer they also have an attorney network also with third party contracts and have no contract with any creditor on most accounts and are litigation for creditors on accounts included in federal consent orders. I am not an attorney but I used to manage them for multiple creditors and third parties. (until I refused to break state and federal laws, commit billions of dollars in fraud against consumers and sell consumer data as judgments when more that 110m in just one sale the people did not have legal judgments, owe the amounts owed in some cases the bank owed them money and so on) Although I am not an attorney you may take this as legal advise and I have testified to state and federal regulators and in state and federal cases against the entities included in this and all allegations have been proven fact and I am currently testifying in state and federal cases involving Midland and I would in this case as well with personal knowledge. You may want to read the appellate court decision last week to uphold the jury’s decision in a case with and individual consumer sued the credit bureau for not removing an item reported incorrectly and was awarded an $18 million dollar award in damages upon appeal or the debt collector and credit bureau begging for mercy the judge did reduce the consumer damages to under 3 million plus over 300k in attorney fees, they appealed that and the ruling last week they lost and were told to pay up and pay the consumer. The decision is on my consumer Facebook consumer debt association. I can be reached via that website if you choose to sue and need a deposition.

    Linda Almonte

    • Go Linda! Let us know how your cases go.
      Anybody can sue for anything. People need to check and see if there is a private right of action for their particular violations, or a mediocre lawyer will get it dismissed.
      Best wishes, Boiler

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