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Questions > Short table > Flashcards

Short table Flashcards

1
Q

Potential Defendants for INC case

A
  1. Credit Bureaus
  2. Credit Furnishers
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2
Q

Subtypes of INC case

A

A: Inaccurate and misleading
1. Balance reported inaccurately
2. False late payment
3. Delinquency reported more than 7,5 years
4. Duplicated account

B: Technically accurate but materially misleading
1. bill covered by the insurance but not paid

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3
Q

Proof for INC cases

A
  1. Proof of payment or equivalent documents
  2. Credit Reports
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4
Q

CRA culpability for INC cases

A

After the 30th day from the delivery date of the dispute letter

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5
Q

Proof of Harm for INC cases

A

Required after the CRA’s culpability has been established

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6
Q

Potential Defendandts for IDT cases

A
  1. Credit Bureaus
  2. Credit Furnishers
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7
Q

Subtypes of IDT case

A
  1. Fraudulent accounts opened.
  2. Unauthorized charges on an existing account.
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8
Q

Main Proof for IDT cases

A
  1. Merchant Call
  2. FTC Identity Theft
  3. Credit Report
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9
Q

CRA culpability for IDT cases

A

After the 30th day from the delivery date of the block letter

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10
Q

Proof of harm for IDT cases

A

Required after the CRA’s culpability has been established

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11
Q

Potential Defendands for Mixed File Cases.

A

Credit Bureaus

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12
Q

Proof for Mixed File cases

A
  1. Merchant Call
  2. Credit Reports
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13
Q

CRA culpability for the Mixed Case files

A

From the get-go.

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14
Q

Proof of harm for Mixed File cases

A

Required

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15
Q

Potential defendands for Deceased cases.

A

Credit Bureaus

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16
Q

Proof dor Deceased Cases

A
  1. SSA Benefits Letter
  2. Adverse Action Notice (with a ‘deceased’ notation on it)
  3. Consumer reports (with a ‘deceased’ notation on it)
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17
Q

CRA’s culpability in the Deceased Cases

A

From the get-go most of the time.

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18
Q

Proof of harm for Deceased cases

A

Required.

19
Q

Potential Defendants for BG cases

A
  1. Background screening companies.
  2. Tenance screening companies.
20
Q

Subtypes of BG cases

A
  1. Unrecognized criminal records/evictions.
  2. Innacurate infromation about charges/evictions.
21
Q

Main proof for BG cases

A
  1. Adverse Action Notice
  2. Background report
22
Q

CRA culpability in BG cases

A

From the get-go most of the time.

23
Q

Proof of harm for BG cases

A

Required

24
Q

Potential defendants for Post Bankruptcy cases

A

Credit Bureaus

25
Q

Subtypes of Post-Bankruptcy cases

A
  1. 1681 e (b)
  2. 1681 (i)
26
Q

Proof for Post-Bankruptcy cases

A
  1. Bankrutpcy discharge.
  2. Bankruptcy Schedules
  3. Credit Reports
27
Q

CRA’s culpability for Post Bankruptcy cases

A
  1. 1681 e (b) - from the get-go
  2. 1681 (i) - after 30 days of sending the dipsute letter.
28
Q

Proof of harm for Post Bankruptcy cases

A
  1. 1681 e (b) - required
  2. 1681 (i) - required after CRA’s culpability is established.
29
Q

Potential defendants for FDCPA cases

A

Debt Collectors

30
Q

Subtypes of FDCPA cases

A
  1. Call Frequency Violations
  2. Call Placement Violations
  3. Collection Letter Violations
  4. Collection Email Violations
  5. Collection Text Message Violations
  6. Collection Consumer Reporting Violations.
  7. Abusive Language.
31
Q

Proof for FDCPA cases

A
  1. Copies of written communications.
  2. Call recordings.
  3. Screenshots with call history.
  4. Credit Reports
32
Q

DCA culpability for FDCPA cases

A

From the date of the violation.

33
Q

Proof of harm for the FDCPA cases

A

Not required

34
Q

Potential defendants for TCPA cases

A
  1. Telemarketers.
  2. Other companies placing unauthorized calls.
35
Q

Proof for TCPA cases

A
  1. Call recordings.
  2. Screenshots withe the call history.
  3. Voicemails
  4. Text messages.
  5. Emails
36
Q

Creditor’s culpability in a TCPA case

A

After the request to stop contact was placed by the consumer

37
Q

Proof of harm in a TCPA case

A

n/a

38
Q

Potential defendants for FCBA cases

A

Creditors

39
Q

Proof for FCBA cases

A
  1. Account Statement
  2. Proof of written dispute.
  3. CMR
40
Q

Creditor’s culpability in a FCBA case

A

After the 30th day from the delivery date of the dispute + two billing cycles after that;

41
Q

Potential defendants for EFTA cases

A

Debit/checking/savings account providers

42
Q

Proof for EFTA cases

A
  1. Account Statement.
  2. Proof of written dispute.
  3. CMR.
43
Q

Creditor’s culpability for EFTA cases

A

After the 30th day from the delivery date of the dispute + two billing cycles after that;

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