Claims (simplified)

Question 1

1681 b (b) 2

Answer 1

Class claim against Employers for failure to obtain permission from the client to run a background check.

Question 2

1681 b (b) 3

Answer 2

Class claim against Employers for failure to provide a pre-adverse action notice

and

for failure to provide a copy of the report and FCRA summary of rights at least five business days before an adverse action is taken in whole or in part on a consumer report.

Question 3

1681 c. (a).(1)

Answer 3

Claim against CRAs for reporting bankruptcy records for more than 10 years.

Question 4

1681 c.(a).(4)

Answer 4

Claim against CRAs for reporting collection or charged-off accounts for more than 7 years.

Question 5

1681 c.(a).(2) or (5)

Answer 5

Claim against CRAs for reporting Dismissed charges for more than 7 years

(related only to background reports).

Question 6

1681 e.(b)

Answer 6

Claim against CRAs for failure to assure maximum possible accuracy of the information concerning the individual when a consumer report is published.

Question 7

1681 d.d.(3)

Answer 7

Claim against CRAs for failure to provide notice to the consumer that a report (investigative report) with public record info has been provided to an employer

OR

failure to imply strict procedures to ensure the information is up to date when the report is generated.

Question 8

1681 i.

Answer 8

Claim against CRAs for failure to conduct a reasonable investigation into the dispute of the client and update the information on the report accordingly.

Question 9

1681 k.

Answer 9

Class claim against CRAs for failure to provide notice to the consumer that a report with public record info has been provided to an employer

OR

failure to imply strict procedures to ensure the information is up to date when the report is generated.

Question 10

1681 s2. (a). 1 (A).

Answer 10

Claim against Furnishers for furnishing 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.

Question 11

1681 s2.(a).1(B)

Answer 11

Claim against Furnishers for furnishing information relating to a consumer to any consumer reporting agency if:

(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and
(ii) the information is, in fact, inaccurate.

Question 12

1681 s2(b).

Answer 12

Claim against Furnishers for failure to modify, delete, and/or permanently block the disputed information if it is determined to be incomplete, inaccurate, and/or unverifiable.

Question 13

1691 c (a) 1

Answer 13

Claim against Collection Agency for placing calls at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer.

Question 14

1692 c (b)

Answer 14

Claim against the Collection Agency for communicating, in connection with the collection of any debt, with any person other than:

1. the consumer
2. his attorney
3. a consumer reporting agency
4. the creditor
5. the attorney of the creditor
6. the attorney of the debt collector

without the prior consent of the consumer directly to the debt collector, or the express permission of a court of competent jurisdiction.

For the purpose of this section, the term “consumer” includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

Question 15

1692 c (c)

Answer 15

Claim against the Collection Agency for failure to cease further communication with the consumer after the receipt of a written request to cease communication

(with some exceptions like
(1) to advise the consumer that the debt collector’s further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.).

For the purpose of this section, the term “consumer” includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

Question 16

1692 d (5)

Answer 16

Claim against the Collection Agency for calling the consumer more than 7 times within a period of 7 days.

Question 17

1692 e (2)

Answer 17

Claim against the Collection Agency for falsely representing the character, amount, or legal status of any debt.

Question 18

1692 e (8)

Answer 18

Claim against the Collection Agency for communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

Question 19

1692 e (10)

Answer 19

Claim against the Collection Agency for the use of any false representation or deceptive means to collect or attempt to collect a debt.

Question 20

1692 e (11)

Answer 20

Claim against the Collection Agency for the failure to disclose in the initial communication with the consumer that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose

and

the failure to disclose in subsequent communications that the communication is from a debt collector.

Question 21

1692 f (1)

Answer 21

Claim against the Collection Agency for the collection of any amount

unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

Question 22

1692 g (a)

Answer 22

Claim against the Collection Agency for:

1. Failure to put a date on the collection letter.
2. Failure to indicate the name of the creditor on the initial collection letter unless they send this in another communication within 5 days after the initial one.

Question 23

1692 g (b)

Answer 23

Claim against the Collection Agency for:

1. failure to send a proper verification of the debt (the verification that they send contains a different account number than the one of the original account number or any other information that might make the consumer believe that the debt does not belong to him);
2. contacting the client in an attempt to collect the debt after receiving a “30-day” notice.

Question 24

1666 (a) (1) (A) (i)

Answer 24

Claim against Financial Institutions for failing to correct billing errors and refunding related finance charges.

Question 25

1693 (a) and (b)

Answer 25

Claim against Financial Institutions for failure to make appropriate corrections in the account of the obligor, including the crediting of any finance charges on amounts erroneously billed after receiving notice of a billing error.

Question 26

12 U.S. Code § 227 (b) (1) (B)

Answer 26

Claim against Financial Institutions for initiating unsolicited telephone calls to residential lines using artificial or prerecorded voices.

Question 27

12 U.S. Code § 2605 (b) (1)

Answer 27

Claim against Mortgage Lenders for failure to notify the borrower in writing of any assignment, sale, or transfer of the servicing of the loan to any other person.

Question 28

12 U.S. Code § 2605 (c) (1)

Answer 28

Claim against Mortgage Lenders for failure to notify the borrower in writing of any assignment, sale, or transfer of the servicing of the loan to any other person.

Question 29

1691(d) (2) & (3)

Answer 29

Claim against a Financial Institutions for failing to provide a statement with the reason of the credit denial.

Question 30

12 U.S. Code § 2605(d)

Answer 30

Claim against Mortgage Lenders for reporting any late payments during the 60-day period beginning on the effective date of transfer of the servicing of any federally related mortgage loan, a late fee may not be imposed on the borrower with respect to any payment on such loan, and no such payment may be treated as late for any other purposes if the payment is received by the transferor servicer (rather than the transferee servicer who should properly receive payment) before the due date applicable to such payment.