Fair credit is not as bad as bad credit, and anyone with a score of around 640 to 680 would typically fall under the fair credit category. If one has fallen into this category because of willful and false information provided by the card issuers, then the issuer can be taken to court by the consumer.
As per the fair credit reporting act, there are laws governing consumer rights, rules and regulations, and not complying with the rules, can result in legal action. According to the act, which has been amended in October 2001, these rules are applicable under state and federal laws. In order to protect the rights of the consumer, the laws encourage consumers to collect enough evidence against credit reporting agencies, and their violations, and then file a suit on time.
Some useful information:
• Consumers are advised to comply with the “statute of limitations” – previous 2 years from the time of discovery and 5 years from the violation as per section 618 (Fair Credit Reporting Act).
• To file a suit in the state or federal court – the consumer can be represented by a consumer rights lawyer on a contingency fee, where the fee could be paid to the lawyer after recovering the money, and a new request could be made for a fee schedule, if the consumer wins the case.
• Always collect enough proof of the violations and establish the same. Card issuers cannot knowingly, furnish false information to the three credit reporting agencies regarding the credit history of the consumer, as per the Fair Credit Reporting Act. If the card issuer is found guilty of providing false information, then they will have to pay the damages to the consumer, and this is based on the level of damage caused due to the faulty disclosure.
• Always seek the maximum amount of damage that is allowed, as per law. As per the Fair Credit Reporting Act section 616, the consumer is eligible to recover the actual damages which are a minimum of $100, and maximum of $1,000, and additional punitive damages, attorney`s fees, as well as costs for “willful non-compliance with the Act”.
• Always be present for the hearing or the trial. Explain with adequate proof as to how incorrect or incomplete information that has been disclosed and has hurt your credit score. The presiding judge will accordingly evaluate each and every violation and make a judgment accordingly.