Short table Flashcards
Potential Defendants for INC case
- Credit Bureaus
- Credit Furnishers
Subtypes of INC case
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
Proof for INC cases
- Proof of payment or equivalent documents
- Credit Reports
CRA culpability for INC cases
After the 30th day from the delivery date of the dispute letter
Proof of Harm for INC cases
Required after the CRA’s culpability has been established
Potential Defendandts for IDT cases
- Credit Bureaus
- Credit Furnishers
Subtypes of IDT case
- Fraudulent accounts opened.
- Unauthorized charges on an existing account.
Main Proof for IDT cases
- Merchant Call
- FTC Identity Theft
- Credit Report
CRA culpability for IDT cases
After the 30th day from the delivery date of the block letter
Proof of harm for IDT cases
Required after the CRA’s culpability has been established
Potential Defendands for Mixed File Cases.
Credit Bureaus
Proof for Mixed File cases
- Merchant Call
- Credit Reports
CRA culpability for the Mixed Case files
From the get-go.
Proof of harm for Mixed File cases
Required
Potential defendands for Deceased cases.
Credit Bureaus
Proof dor Deceased Cases
- SSA Benefits Letter
- Adverse Action Notice (with a ‘deceased’ notation on it)
- Consumer reports (with a ‘deceased’ notation on it)
CRA’s culpability in the Deceased Cases
From the get-go most of the time.
Proof of harm for Deceased cases
Required.
Potential Defendants for BG cases
- Background screening companies.
- Tenance screening companies.
Subtypes of BG cases
- Unrecognized criminal records/evictions.
- Innacurate infromation about charges/evictions.
Main proof for BG cases
- Adverse Action Notice
- Background report
CRA culpability in BG cases
From the get-go most of the time.
Proof of harm for BG cases
Required
Potential defendants for Post Bankruptcy cases
Credit Bureaus
Subtypes of Post-Bankruptcy cases
- 1681 e (b)
- 1681 (i)
Proof for Post-Bankruptcy cases
- Bankrutpcy discharge.
- Bankruptcy Schedules
- Credit Reports
CRA’s culpability for Post Bankruptcy cases
- 1681 e (b) - from the get-go
- 1681 (i) - after 30 days of sending the dipsute letter.
Proof of harm for Post Bankruptcy cases
- 1681 e (b) - required
- 1681 (i) - required after CRA’s culpability is established.
Potential defendants for FDCPA cases
Debt Collectors
Subtypes of FDCPA cases
- Call Frequency Violations
- Call Placement Violations
- Collection Letter Violations
- Collection Email Violations
- Collection Text Message Violations
- Collection Consumer Reporting Violations.
- Abusive Language.
Proof for FDCPA cases
- Copies of written communications.
- Call recordings.
- Screenshots with call history.
- Credit Reports
DCA culpability for FDCPA cases
From the date of the violation.
Proof of harm for the FDCPA cases
Not required
Potential defendants for TCPA cases
- Telemarketers.
- Other companies placing unauthorized calls.
Proof for TCPA cases
- Call recordings.
- Screenshots withe the call history.
- Voicemails
- Text messages.
- Emails
Creditor’s culpability in a TCPA case
After the request to stop contact was placed by the consumer
Proof of harm in a TCPA case
n/a
Potential defendants for FCBA cases
Creditors
Proof for FCBA cases
- Account Statement
- Proof of written dispute.
- CMR
Creditor’s culpability in a FCBA case
After the 30th day from the delivery date of the dispute + two billing cycles after that;
Potential defendants for EFTA cases
Debit/checking/savings account providers
Proof for EFTA cases
- Account Statement.
- Proof of written dispute.
- CMR.
Creditor’s culpability for EFTA cases
After the 30th day from the delivery date of the dispute + two billing cycles after that;
