Quote:
Originally Posted by leadfoot4
Where do these sites get their information from, and shouldn't there be some sort of requirement that the information they publish is correct??
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From your credit report. That's why you can't always find people, because if they have no credit history or no recent credit history/activity, there's nothing to report.
Credit reporting is a purely voluntary activity. There is not now, nor has there ever been any law at the State/federal level that compels a creditor, debt collector/junk debt buyer from reporting.
So...when you offer to settle a debt in exchange for the debt collector removing the offending trade line from your credit report and the debt collector says,
"We're not allowed" they are lying to you.
Credit info is reported on a "want to" basis and not a "need/have to" basis.
Why? Because it ain't free.
Ever been in a gas station/convenient store and they have a sign: "No credit/debit card for purchases under $10."
It's because they pay a transaction fee to VISA and a separate transaction fee to MasterCard and a separate transaction fee to Discover and a separate transaction fee to American Excess and that's why few allow American Excess because their transaction fees are outrageously nose bleed high.
Those transaction fees are based on the number of monthly transactions. The fewer the transactions, the higher the fee. The greater the transactions, you move into "bulk rate discount" territory.
It's also like cable. You have subscription tiers.
Tier I is basic header file info. What is that? Your name, age, DOB, SSN, and then current address, phone, employer and salary as reported by you, a creditor or a debt collector.
Tier II is advanced header file info, which is your name, and all of your aliases/variants, age DOB, SSN, and then your address history, phone number history, employer history and salary history as reported by you, a creditor or a debt collector.
Tier III is that plus a breakdown of accounts, meaning number of accounts, open/closed, and current/late/derogatory, but no numbers, meaning no balances, credit limits, original loan amounts, or payment history.
Tier IV includes the stuff not in Tier III.
Tier V is mostly debt collectors/junk debt buyers. Every time you apply for credit, obtain new credit, or have a change of address, phone or employer, they get an email alert so they can look at your credit report, because if you got money for new credit, then you got money for old credit, right?
So, BeenVerified, Checkmate, Spokeo, PeopleSearch etc sometimes get their info from them, or from the three other credit reporting agencies who will politely tell you they are not credit reporting agencies, unless you get adamant at which point they'll shout you down.
That would be ChoicePoint, Lexis-Nexis and I can never remember the other (and not Hogan because Lexis bought Hogan.)
Those credit-reporting-agencies-masquerading-as-not-credit-reporting-agencies have detailed files on you.
They known the members of your household, plus your parents, grandparents, siblings, aunts/uncles, nieces/nephews, cousins, current and former spouses and also current and former significant others, plus a whole lot more.
Why? Because the majority of Americans are so lame they will gladly allow anyone to invade their privacy simply for the asking. Few people actually read the TOS/Agreement or whatever it might be called.
Can you sue? Yes, but for god's sake don't file suit in a federal court because that will invoke Article III of the US Constitution and you cannot prove standing.
There are three Elements of Proof for standing and the first -- "injury-in-fact" -- has two sub-elements: Concrete and Particularized.
Those of you who don't understand the difference between the conjunctions "and" and "or" should fire off a Tweet cursing your high school English teachers for failing you.
If you cannot prove a concrete injury-in-fact then the federal court won't even consider the issue of "particularized" because you have no standing, and it won't examine the second and third Elements of Proof, either, because there's no point to it.
So, what do you do?
Try reading the statutes.
What does 15 USC § 1681p of the Fair Credit Reporting Act say?
It says:
"An action to enforce any liability created under this title may be brought in any appropriate United States district court, without regard to the amount in controversy, or in any other court of competent jurisdiction,..."
A court of "competent jurisdiction" would be your county courthouse. In Ohio and some States those are called Common Pleas Courts; in New York, California and elsewhere they are Superior Courts; in Virginia and other States they are Circuit Courts; and there's a few other names in some States.
File there. Can they remove it to federal court? Sure. It's a federal question and they have 30 days starting the day they are served to remove it to federal court.
But, if they remove it from State court they cannot assert Article III standing as a bar.
However, before you even think about collecting your $1,000 in statutory damages, you need to dispute the incorrect information with the credit reporting agency(ies) that are reporting the false information.
So, you do an online dispute, right?
No, only dumb ass lame people do that.
Type up a dispute letter and mail it certified mail return receipt requested.
But that's soooo inconvenient!
Uh-huh.
It's called Electronic Discovery.
You disputed online because it was "convenient."
There's a discovery deadline. Your attorney will probably call you 6 weeks before the deadline and tell you to box up your desk-top/lap-top and bring it down to the office.
Then you'll box it up and bring it down to the office and you'll get billed for that if not at attorney rates then at paralegal rates.
Then your desk-top/lap-top will sit in your attorney's office until they decide to turn it over to opposing counsel.
And you'll get billed for that at attorney or paralegal rates.
Then, opposing counsel will down-load all the crap on your desk-top/lap-top.
After sitting in opposing counsel's office for who knows how long, they'll send it back to your attorney, and you'll get billed for that.
Eventually, your attorney will call you to come pick it up.
So, how, um, "convenient" was it?
Yeah. Just type up a letter and mail it. You can authenticate the letter and return receipts with an affidavit under Civil Rule 901 or however your State has rules of civil procedure enumerated.
Oh, I recommend disputing at least 3 times. If it still ain't corrected, go to State court and get your $1,000 in statutory damages from the credit reporting agency.