It shall now be way, way easier to sue the Credit bureaus, Banks, Collection Companies, and any furnisher, or other creditor that also pulls credit inquiries, or has their information submitted to a collection company to then be posted on a consumer credit report.
When the credit bureaus make a decision on a disputed item, the credit bureaus must rule in favor of the consumer on any dispute to remove the entire item for any portion that is reporting even the slightest inaccuracy, and or if something is slightly incomplete, and or if any portion of a reported account is erroneous, outdated, unverifiable – including if the credit report shows different “date of last activity” dates, such as; different reported lates on different months (more than 1 month apart) than with what the other bureau(s) are reporting, if the maximum credit limit is not showing/it is “incomplete” – or if it the max credit limit being reported is different for the same item to/amongst the different bureau(s), or, if the precise loan amount reported was not correct to the exact dollar, and or were not fully revealed for any bureau, than it is legally incomplete, etc… Also, if creditors/collectors/Credit Unions, furnishers fail to submit to the bureaus all proof to the disputed account, and or it is not 100% absolutely accurate, then the account must be “immediately” deleted in the legally amounted time frame -upon such a request to have the item deleted. Upon any ruling/decision made by the credit bureaus in favor of a furnisher/creditor, collector, credit union, etc…then the bureau must make available/online, to the consumer within 30 days, any and all evidence that was furnished to the credit bureaus in regards to this disputed item being verified. This evidence must be in a clear, easy, and non-confusing format/and legibility. Once an item is removed from the credit report, unless permission is granted by the consumer, that item may never appear on the credit report again/regardless if the dispute was made online, or by mail. It is the responsibility of the credit bureaus to preserve and keep all records for up to 7 years.
All persons/citizens who will be eligible to sue under this law – they must have their disputes documented (certified mail/recorded and documented through other legal means/video of their emails, etc…), and sent to all agencies that would be eligible to be a defendant, a minimum of at least two separate documented disputes/notice of a dispute(s), these dispute(s) time frames must have been made at a minimum of 30 days apart, within a 6 month period, to any potential defendant/ bureau, collector, bank, credit union, etc… email disputes are sufficient, citizens person(s) must have “clear and concise” documented proof of their prior specified disputes, or they are not eligible for a verdict, to sue the bureaus, collectors, banks, furnishers, and others subject to this legislation.
Citizen persons must also wait at least 35 days till after their 2nd or more disputes, to authenticate the changes or non-changes that were/or were not made, by the bureaus, by pulling a new credit report. Collusion penalty is if a person sends their disputes to both the bureaus and creditors, and or to both the bureaus and collectors and or other furnishers, etc…/and the item wrongfully remained, then a person is eligible for triple damages, owed by either or both sets of Defendants. If the lawsuit is in any small claims court, triple damages/that shall legally exceed small claim limits, are allowable to be fully awarded, in the full triple amount, plus all other fees, costs, damages shall be awarded to the consumer.
CFPB Director, Citizens State Attorney General, Top Director of the Office of the Comptroller/and or any agency that oversees the Bank’s Lending Licenses and or oversees Credit Unions, and the Top Director of the State Department that oversees Collection Licenses, and if there is no state oversight of collection agencies, than the same rules and liabilities apply to the State Attorney General as do the liabilities in that they shall be personally liable, and qualified immunity for all mentioned herein is stripped, if they have been contacted 3 times or more with documentation as mentioned herein, each contact was more than 20 days apart or more/within a 6 month period, shall be personally liable for damages $1,000 -$5,000 per allowed violation – unless they suspended the entity that they regulate from doing business in the allowed jurisdiction, until this matter was resolved.
Any of the lawsuits allowed in this legislation may be brought to any local court/State court/and or Federal court.
The penalties to any credit bureau and or furnisher, (and any individual Director as stated above/if they failed to address the matter as required above)for their failure to properly act with required remedial relief/and or failed to enforce/penalize the failed deletion of these disputed item(s) as required herein, will be as follows:
$250 per item/per bureau/ plus costs time/missed work/damages if unable to have likely gotten a loan, etc…, plus punitive damages if a court deems fit, and all legal fees starting from the point of drafting the lawsuit and filing it/legal fees for advanced certified letters/or advance calls to creditors and or collectors, and or anything before the drafting and submitting of the lawsuit, is not eligible for the retrieving of those legal fees.
The offender will pay, and will either be payroll deducted/garnished if still employed/and all assets shall be frozen until the whistleblowers monies are paid in full/if applicable, these fines and fees against the offender is not eligible to be discharged in bankruptcy, or any other manner, there is no statute of limitations, there are no bank accounts, monies, property, retirement accounts, trust funds, or other that can be protected, as all these accounts are subject to be frozen/seized/sold if necessary, until such time as all fines, fees, costs, legal and other, are fully satisfied. The offenders qualified immunity is stripped for violating this legislation. This action can be brought in local, State, and or Federal court, of the relevant region, for enforceable court action. A small claims court, shall now have an exception for these whistleblower type cases as included/defined herein, to expand the limit to $200,000, including all costs/fees/ legal fees/interest/penalties/ damages/etc…whereby a whistleblower could have their matter heard. All small claim whistleblower matters shall be heard, in 4 months or less for the trial. Whistleblowers receive their 50% of the monies/as it comes in/half is continually diverted to the whistleblower. If the (whistleblower and or plaintiff loses – the whistleblower is only at risk if they were the sole plaintiff/if the whistleblower was not the sole plaintiff/the solely direct injured party/then the whistleblower has qualified immunity protection from all costs, fees, of any sort, in any capacity), the defendant and or government employee (herein defendant) fully prevails by judicial verdict/is victorious/found not to be liable in any capacity, by a judge’s order and verdict/jury verdict, then the defendant is entitled to be awarded all of their legal fees, costs, and all eligible awards and monies that they were facing/at risk to pay/in this legislation/and, the judge shall be eligible to award these monies to the defendant/and, fine these costs upon the Plaintiff. (government employee only) The government may reimburse solely the government employee’s legal fees/legal fees only/nothing else of any sort, so long as the government employee prevailed by judicial verdict as described herein. The Plaintiff in this same scenario/if the judicial verdict is in favor of the government employee/the plaintiff would face all the same collectability risk(these monies/debts/ shall not be dischargeable in bankruptcy, all bank accounts and pensions are subject to being seized and or garnished, etc…). The onus for the defendant to prevail, to be awarded monies, is a burden of proof upon the government employee, therefore a verdict/decision, signed by a judge, declaring that the defendant/government employee was absolutely free of all liability/wrong doing, is required for the defendant to be eligible to be awarded and collect monies. Any form of settlement, does not meet this threshold for any award of monies on either side beyond the terms and conditions agreed upon in the executed settlement agreement.
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