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CRA's tell Cities and CA's to Stop reporting Tickets and Fines.


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35 replies to this topic

#1 ICANHASMUNY?

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Posted 22 July 2016 - 04:42 AM

http://www.thenewspa...ews/49/4987.asp

 

 

Under rules that took effect last week, government agencies may no longer lower a motorist's credit score over unpaid traffic tickets or parking citations. The three major credit reporting agencies, Experian, Equifax and TransUnion agreed to the new policy in a legal settlement with thirty-one state attorneys general last year (view settlement text).
 
Xerox, the red light camera provider for Dallas, Texas, explained the change in an April 8, 2015 letter to the city obtained by TheNewspaper. 
 
"The credit reporting agencies will eliminate the reporting of debts that did not arise from a contract or agreement by the consumer to pay, such as tickets or fines," Xerox collections director Michael D. Brown wrote. "Experian has already submitted a cease and desist notification to Xerox for all credit reporting transactions listed as unacceptable data... Examples include, but are not limited to: towing charges, vehicle storage fees, parking and traffic tickets/fines, toll road fines/fees."
 
In March, the three credit reporting agencies informed debt collectors like Xerox that they were to stop sending notices of unpaid red light camera citations by June 15, 2016.
 
"Do not report debt that did not arise from a contract or agreement to pay, including, but not limited to, certain fines, tickets and other assessments," the credit reporting agency document explained. "For example, library fees or fines, parking tickets, speeding tickets, and court fees or fines."
 
Motorists with existing red light camera, speed camera or parking ticket debt on their credit report can expect that their records will be cleared.
 
Under the legal settlement, consumers have new rights to dispute incorrect items on their report.
 
 
 
 
Link to that 31 State settlement with the CRA"s 
 

 


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#2 tmcgill

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Posted 22 July 2016 - 10:42 AM

Good thing. It became apparent cities were happy with the revenue boost, but there was little interest in legal protections for those ticketed.


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#3 cv91915

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Posted 22 July 2016 - 10:50 AM

Good thing. It became apparent cities were happy with the revenue boost, but there was little interest in legal protections for those ticketed.

 

I agree.  The studies that I've seen cited have shown that it's much more effective from a safety perspective to lengthen the time that the light is yellow, and/or introduce a delay between the light turning red in one direction and the light turning green in the other.  That's pretty much common sense.


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#4 IndyPoolPlayer

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Posted 22 July 2016 - 02:54 PM

Just another Government shakedown


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#5 s4d

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Posted 24 July 2016 - 08:51 AM

I had two Xerox lines reporting. They disappeared in May. I wondered why.
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#6 oacummings

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Posted 24 July 2016 - 10:19 AM

The credit reporting agencies will eliminate the reporting of debts that did not arise from a contract or agreement by the consumer, I wander if this would also apply to overdrawn checking account that are reported to the  CRA's bye a collection agency.


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#7 nooneimportant

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Posted 24 July 2016 - 10:31 AM

The credit reporting agencies will eliminate the reporting of debts that did not arise from a contract or agreement by the consumer, I wander if this would also apply to overdrawn checking account that are reported to the  CRA's bye a collection agency.


I doubt it. The fact that the bank allowed an overdraft means they extended credit, and I'm sure there was an agreement when the account was opened.
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#8 unleashedfury

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Posted 24 July 2016 - 10:38 AM

ok, no CRA reporting for parking tickets and red light cameras?

but they can suspend your license and issue warrants.

honestly which do you believe will be more effective?
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#9 tmcgill

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Posted 24 July 2016 - 04:18 PM

 

The credit reporting agencies will eliminate the reporting of debts that did not arise from a contract or agreement by the consumer, I wander if this would also apply to overdrawn checking account that are reported to the  CRA's bye a collection agency.

 

There is a legal agreement associated with checking accounts.  You agree to the bank's terms when you sign the account application.


Edited by tmcgill, 24 July 2016 - 04:19 PM.

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#10 ICANHASMUNY?

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Posted 24 July 2016 - 04:21 PM

ok, no CRA reporting for parking tickets and red light cameras?

but they can suspend your license and issue warrants.

honestly which do you believe will be more effective?

 

but when you move cross country, you don't have to worry about some sleeze CA  showing up years later on your credit reports

 

over some RL camera trap or toll fines when you wasn't even driving the car. 

 

lowering your credit score...Getting denied for Credit, paying more for insurance 


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#11 ICANHASMUNY?

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Posted 24 July 2016 - 04:22 PM

 

 

The credit reporting agencies will eliminate the reporting of debts that did not arise from a contract or agreement by the consumer, I wander if this would also apply to overdrawn checking account that are reported to the  CRA's bye a collection agency.

 

There is a legal agreement associated with checking accounts.  You agree to the bank's terms when you sign the account application.

 

 

and a Checking or Bank account is a consumer transaction you initiated. 


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#12 unleashedfury

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Posted 24 July 2016 - 09:00 PM

ok, no CRA reporting for parking tickets and red light cameras?

but they can suspend your license and issue warrants.

honestly which do you believe will be more effective?

 
but when you move cross country, you don't have to worry about some sleeze CA  showing up years later on your credit reports
 
over some RL camera trap or toll fines when you wasn't even driving the car. 
 
lowering your credit score...Getting denied for Credit, paying more for insurance 

I agree as far aas the CA reporting I'm referring to what's more effective to collect your money.

some scummy CRA or a Sherriff saying pay up, or come with me?
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#13 Konrad2012

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Posted 24 July 2016 - 09:14 PM

The credit reporting agencies will eliminate the reporting of debts that did not arise from a contract or agreement by the consumer, I wander if this would also apply to overdrawn checking account that are reported to the  CRA's bye a collection agency.

 

So there is no contract or agreement when you get your driver license that you will obey the laws and pay any fines you incur?


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#14 Konrad2012

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Posted 24 July 2016 - 10:16 PM

SOCIAL SECURITY NUMBER COLLECTION DISCLOSURE - You are required by law to provide your social

security number or your application will be denied.

Authority to collect the social security number is 42 U.S.C. 405 and California Vehicle Code §1653.5, §4150, §4150.2,

§ 12800, and§ 12801. It will be used in the administration of driver license laws and motor vehicle registration laws and to respond to requests for

information from the Franchise Tax Board for tax administration and from any agency operating

pursuant to 42 U.S.C. 601 et seq. It will be used to aid in the collection of monies owed in connection with failure to pay

fines or failure to appear in court by an applicant, and to aid in the collection of monies owed by an applicant in connection

with Aid to Families with Dependent Children, Child Support, and/or Establishment of Paternity.

• The mailing address listed on the front of this application will be the address shown on your driver license or identification card.

 


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#15 ICANHASMUNY?

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Posted 24 July 2016 - 10:18 PM

 

The credit reporting agencies will eliminate the reporting of debts that did not arise from a contract or agreement by the consumer, I wander if this would also apply to overdrawn checking account that are reported to the  CRA's bye a collection agency.

 

So there is no contract or agreement when you get your driver license that you will obey the laws and pay any fines you incur?

 

 

 

whether you obey or disobey the traffic laws or fail to pay impound fees  is not considered a consumer transaction under the FCRA 

 

And they can't pull your credit reports either;  Unless they have judgment against you. 

 

Pintos v Pacific Creditor Association 9th Circuit court of appeals 

 

Here, Pintos did not participate in seeking credit from the towing company. She owned the car that was towed, so she was not as completely distant from the transaction as the victim of identity theft in Andrews, but neither was she a participant in the typical transaction where an extension of credit is requested. She had no contact with P&S or PCA until P&S towed her car.

 

She never asked to have the vehicle towed; P&S simply towed the car by direction of the police then tried to collect the charges. Pintos did not initiate the transaction that resulted in PCA requesting her credit report."

 

We explicitly adopted and quoted extensively from a Federal Trade Commission commentary which made repeated reference to the permissible purpose ofa “judgment creditor” to obtain a credit report. Id. at 803 (“[a] judgment creditor has a permissible purpose to receive a consumer report on the judgment debtor for use in connection
with collection of the judgment debt”) (emphasis added).
 
To be sure, our opinion did not include that qualifier in every statement, but our holding involved a debt that had already been adjudicated. If a debt has been judicially established, there is a “credit transaction involving the consumer” no matter how it arose. The obligation is established as a matter of law, and the statute is satisfied. Hasbun extended no further.
 
Application of Hasbun to permit a credit report to be obtained to assist the collection of a claim that had not yet been adjudicated is not supported by the logic of that decision nor by our other precedents. [7]
 
PCA was not a judgment creditor. Its claim against Pintos did not result from a transaction initiated by Pintos. We conclude, therefore, that § 1681b(a)(3)(A) did not authorize PCA to obtain the credit report on Pintos. Accordingly, we reverse the grant of summary judgment in defendants’ favor.2

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#16 Konrad2012

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Posted 24 July 2016 - 10:30 PM

Then CRA's should force feds/states/municipalities to stop reporting tax liens.


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#17 ICANHASMUNY?

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Posted 24 July 2016 - 10:40 PM

Then CRA's should force feds/states/municipalities to stop reporting tax liens.

Agree.  :)


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#18 dilligaf

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Posted 24 July 2016 - 11:19 PM

The credit reporting agencies will eliminate the reporting of debts that did not arise from a contract or agreement by the consumer, I wander if this would also apply to overdrawn checking account that are reported to the  CRA's bye a collection agency.

 
So there is no contract or agreement when you get your driver license that you will obey the laws and pay any fines you incur?
So, the people that drive without a license don't have a contract. But, I do?
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#19 dvd

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Posted 25 July 2016 - 12:58 AM

Then CRA's should force feds/states/municipalities to stop reporting tax liens.

Agree.  :)

Someone mention that this does include tax liens. Can any confirm.


Sent from my iPad using Tapatalk
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#20 ICANHASMUNY?

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Posted 25 July 2016 - 05:31 AM

 

 

Then CRA's should force feds/states/municipalities to stop reporting tax liens.

Agree.  :)

Someone mention that this does include tax liens. Can any confirm.


Sent from my iPad using Tapatalk

 

 

no it doesn't   because to get the lien, the state files with the courts and that results in a judgment - judgments are reportable 

 

Tax Lien and Judgement

 

A civil judgment is any judgment against you by a court granted in favor of the plaintiff/creditor.

 

A tax lien is one specific type of judgment that is awarded to a governmental taxing authority. A tax lien is technically a judgment.


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#21 tmcgill

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Posted 25 July 2016 - 09:04 AM

Thanks ICAN. That distinction is important. :good:


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#22 clutchcargo

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Posted 25 July 2016 - 11:10 AM

OK, most of this video is not terribly relevant to this thread, except for one portion.  There are private companies that are hired by municipalities to collect fines.  They charge a fee

that is deducted from payments made towards the fine.  Your fine may be $50 but the companies that collect may charge you $25 to be on a payment plan.  If all you can pay that month is $20, your fine doesn't go down at all and you now owe $30 to the collection company.  This, I assume, CAN be reported to your credit reports if you fail to pay as you entered into an agreement "voluntarily".

 

As usual, John Oliver is hilarious:

 

https://www.youtube....h?v=0UjpmT5noto


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#23 tmcgill

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Posted 25 July 2016 - 11:40 AM

As posted above, this type of debt will not be reported to the CRAs. The municipality still owns the debt. Entering into a CA agreement to pay does not change the fact that it is a fine.


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#24 clutchcargo

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Posted 25 July 2016 - 01:41 PM

As posted above, this type of debt will not be reported to the CRAs. The municipality still owns the debt. Entering into a CA agreement to pay does not change the fact that it is a fine.

 

As posted above, this is a late payment or no payment of an agreed upon "finance charge" for a payment plan separate from the fine and not charged by the municipality.  it wouldn't appear as an unpaid parking ticket, it would appear as a late payment to Sentinel Offender Services (or whichever probationer services it is).  You didn't watch the video, did you?


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#25 tmcgill

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Posted 25 July 2016 - 02:11 PM

I watched the John Oliver video. I've heard these and other horror stories many times before. I think here in Texas, the Tollway Authority is one of the most egregious. Someone asked me when will the fines expire, but there is no SOL. The fines multiply and it is all approved by the state. We have people here owing thousands for tollway tickets. One woman owed $18,000 because she used the North Dallas tollway daily for years, but did not pay tolls. Here in Dallas, you can freely drive the tollway without a tolltag, but the camera captures your license, and you get a ticket. If you've moved, too bad. That ticket plus admin and other fees will be waiting for you in the system, but won't be added to your credit reports.

 

About the Finance Charges:

The CA can't arbitrarily make up finance charges. State legislatures will enact these fines as a way to bring in revenue. Assigning to a CA and assessing state-approved finance charges doesn't change the original debt; a municipal fine. My complaint in the original post was how they were using redlight cameras here in TX to bring in $$$, without clear consumer protections against faulty cameras and other issues.

 

The change of prohibiting these charges from being added to credit reports, was a minor win-win. They can still block state auto registrations and license renewals, etc.


Edited by tmcgill, 25 July 2016 - 02:27 PM.

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