FCRA Section 623 (a)(1)(A)

[Knight]

Some say you CAN sue an OC for failure to list and communicate an account in dispute under FCRA 623, however you cannot sue an OC for subsection (a) of that statute, that subsection has to be enforced by federal or state authorities.

 

That section states:

"(a) Duty of Furnishers of Information to Provide Accurate Information

(1) Prohibition

(A) Reporting information with actual knowledge of errors. A person shall not

furnish any information relating to a consumer to any consumer reporting

agency if the person knows or has reasonable cause to believe that the

information is inaccurate."

 

Why can't we sue under section 623 (a)(1)(A)?

[clambert1273]

No clue here - all of my disputes with CA's are in Cali Law - I don't even have to get into this much...

[GoArsenal]

Can't sue under section A... period. However, you can sue under 623( and most other parts, this is why it is advised to dispute with the CRA's first (probably twice, in order to show willful negligence when the data furnisher verifies the TL.

 

Just my 2 cents.

[pryan67]

the reason you can't sue under (A) is because that's the way the law was written...I don't know what the rational was though....but it WOULD be interesting to find out what the arguement was against giving the consumer those rights....

[Netookt]

we can sue under 2s-b ONLY.

 

The other is for FTC, etc.

 

hope this helps.

 

Netookt

[Jen23514]

no one knows why in a nutshell. it is what it is.

[sirrowan]

Because only b gives consumers the private right of action. The rest does not.

[Knight]

Thanks guys...I understand now.