Semnar Law Firm proudly represents individual consumers who have inaccurate information on their consumer credit report. California Fair Credit Reporting Act allows consumers to recover statutory damages, actual damages, as well as their attorney’s fees. Moreover, we regularly utilize the protections of the Federal Credit Reporting Act, which provides further means of compensation to consumers.
When appropriate, Semnar Law Firm will seek monetary compensation on behalf of individuals under the Fair Debt Collection Act as well as the California Rosenthal Act. Both statutes allow us to represent consumers on a contingency basis, where we pay for all costs and fees, we help our client to prosecute the case, and we only get paid when we obtain compensation for our clients.
Details about specifics about each area of law is provided below:
Federal Fair Credit Reporting Act (FCRA, codified at 15 U.S.C. SS1681-1681x) and the State of California Consumer Credit Reporting Agencies Act (CCCRAA, codified at Calif. Civil Code SS 1785.1-1785.36), at times referred to as California Fair Credit Reporting Act (CFCRA), provide consumers with certain protections concerning related to their consumer credit reports. Consumer may seek compensation under both the FCRA and the CCCRAA for actual damages plus their attorney's fees. For willful violations of either Act, consumers may obtain statutory damages of up to $1,000 per violation under the Federal Act and up to $5,000 per violation under the State Act. Moreover, for willful violations consumers are entitled to attorney's fees as well as punitive damages.
Some of the common violations association with Credit Reporting that we regularly include furnisher’s failure to provide a notice of dispute to the Credit Reporting Agencies (CRA) after a consumer has provided notice that an alleged debt is disputed, furnisher fails to provide the CRA with notice that an account has been closed, and furnisher fails to conduct a reasonable investigation into the account upon receipt of a written notification from the consumer or the CRA that the reported information is in dispute.
While seeking compensation against the furnisher, we at times seek simultaneous claims against the Credit Bureaus [also known as Credit Reporting Agencies (CRA)]. Some of the violations that we regularly see with respect to CRA violations include failure to a perform reasonable investigation into disputed items, failure to delete disputed items from consumer's file, reinserting a removed item from consumer's credit report without notice to the consumer in writing within 5 business days, reporting outdated information on a consumer’s credit report, and failure to accurately report a consumer’s bankruptcy status, such as reporting a bankruptcy beyond the 10 year limit, or failing to accurately reflect the discharge status.
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