Credit Report Dispute Violations

Summary

In Maryland, if a credit report contains inaccurate information and the credit reporting agency fails to correct it, this may violate the Fair Credit Reporting Act (FCRA). Consumers can sue for damages even if the information is later removed. Re-aging debts to extend the statute of limitations is also a violation under FCRA and Maryland law. The FCRA sections 15 U.S.C. § 1681s-2 and 15 U.S.C. § 1681i hold furnishers and credit reporting agencies liable for inaccuracies. If an account is marked in dispute but is in litigation, it may also be a violation.

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Maryland
Got it! Could you please describe your specific issue or question regarding consumer law and litigation in Maryland? This will help me provide you with the most relevant information.
There is a debt collector who was reporting on credit reports I filled an dispute with Credit Reporting agency they updated the account as accurate but I have evidence that is was inaccurate does that constitute a violation under fcra
Yes, if you have evidence that the information is inaccurate and the credit reporting agency failed to correct it, this could constitute a violation under the Fair Credit Reporting Act (FCRA). Here are some key points:
- Credit reporting agencies must investigate disputes within 30 days.
- They must correct or delete inaccurate, incomplete, or unverifiable information.
- You can sue for damages in state or federal court.
Have you already contacted the debt collector directly with your evidence?
So what if I send a pre demand letter and the company sees it but have information removed from credit report can i still sue because the violation already occurred?
You can still sue even if the company removes the information after seeing your pre-demand letter. The violation has already occurred, and you may be entitled to damages under the FCRA.
Did you receive any response from the debt collector or credit reporting agency after sending the pre-demand letter?
What fcra law covers the re aging of an old account?
The re-aging of an old account on a credit report is addressed under the Fair Credit Reporting Act (FCRA). Specifically, this would violate:
- * U.S.C. § 1681c(a)(*): This section stipulates that accounts placed for collection or charged off must be removed from the credit report seven years from the date of the initial delinquency.
If you need to take further action, have you consulted with a consumer rights attorney in Maryland?
Does the state statute of limitations matter?
State statutes of limitations can matter in cases related to violations of the Fair Credit Reporting Act (FCRA). While the FCRA itself has a federal statute of limitations (typically 2 years from the date of discovery of the violation), Maryland might have additional or different statutes for related consumer protection claims.
Is there a specific timeframe or incident date you’re concerned about?
The state of Maryland has a 3 year statute of limitations for collecting debt but the debt collector re aged the account by 5 years to appear as this is a newly collected account is that a violation ?
Yes, re-aging an old debt to extend the statute of limitations is a violation. Under both the Fair Credit Reporting Act (FCRA) and Maryland law, such practices are prohibited.
- FCRA Violation: The FCRA prohibits re-aging of debts. Violations include updating the date of first delinquency to make it appear new.
- Maryland Law: The statute of limitations for debt collection in Maryland is 3 years.
Have you considered filing a complaint with the Consumer Financial Protection Bureau (CFPB) or consulting a consumer rights attorney for further action?
What laws under the FCRA hold the furnishers liable? What laws under FCRA hold credit reporting agencies liable?
Under the Fair Credit Reporting Act (FCRA), different sections hold furnishers and credit reporting agencies liable:
Furnishers:
- * U.S.C. § 1681s-*(a): Responsibilities of furnishers of information to consumer reporting agencies.
- * U.S.C. § 1681s-*(b): Duties of furnishers after receiving notice of a dispute.
Credit Reporting Agencies:
- * U.S.C. § 1681i: Procedures in case of disputed accuracy.
- * U.S.C. § 1681e: Compliance procedures to ensure maximum possible accuracy.
Have you considered consulting a consumer rights attorney for more personalized advice?
If a account on credit report is saying in dispute but is actually in litigation does that constitute a violation under fcra?
Yes, if an account on your credit report is marked as "in dispute" but is actually in litigation, it may constitute a violation under the Fair Credit Reporting Act (FCRA) because the information must be accurate and updated.
- * U.S.C. § 1681i: Procedures in case of disputed accuracy.
- * U.S.C. § 1681s-*: Responsibilities of furnishers to ensure information is accurate.
Have you already notified the credit reporting agencies about this discrepancy?
What if the dispute done before closure of case but dispute results came back after case closed is it still a violation
If the dispute was initiated before the case was closed but the results came back after the case was closed, it may still constitute a violation under the Fair Credit Reporting Act (FCRA). The FCRA mandates that information on credit reports must be accurate and updated promptly.
Would you like to know the next steps you can take to address this issue?
What law in the FCRA governs this ?
* U.S.C. § 1681i governs the procedures for disputed accuracy under the Fair Credit Reporting Act (FCRA). This section mandates that credit reporting agencies must investigate and correct inaccurate information.
Would you like more details on the specific requirements of this section?