Re: 7 year reporting violation

Posted by LadynREd (199.91.33.254) on August 15, 2003 at 16:12:57:

In Reply to: 7 year reporting violation posted by SC-Texas on August 15, 2003 at 15:14:57:

You are exactly right, the FCRA strictly defines the date of obsolescence as 7 years from the charge-off date.

"§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

(a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.(1) "

The debt you speak of has CLEARLY been illegally re-aged and that's a clear FCRA violation in and of itself. To make the CRA's obey the law that govern's them, your friend/client is going to have to send an 'intent to sue' letter to the CRA(s). Since your friend/client has clear proof of the charge-off date then you shouldn't have any problem making your case.

It unfortunate that we, the consumers, have to keep filing suit agains these CRA's, but they will tromp all over your rights and ignore the laws if you don't FORCE them to. Since actual damages CAN be awarded for FCRA violations, the $$ can rack up quickly.

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