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2005 Identity Theft Enforcement and Protection Act
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2005 Identity Theft Enforcement and Protection Act
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General Discussions, Forum Registration, and ID Theft and Credit-Related News Stories
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General Discussion
How To Register For the Forum
How Do I Find the Addresses and Agents For Service of Process for Lenders, Banks, Corporations, etc.
News Stories on Identity Theft, Personal Data Thefts and Credit Reporting Abuses
Collection of Social Security Numbers
Current Cases
Quotes
Lawyer Jokes
How to Get Your Credit Reports and How and Who to Write Your Dispute Letters to
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How To Get Your Credit Reports
Dispute Letters
Do You Have To Pay For Your Credit Report?
FCRA Statute and Defined Terms Under the FCRA
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FCRA Statute And Amendments: 15 U.S.C. 1681, et. seq.
What is a Consumer [Credit] Reporting Agency?
What is a Consumer [Credit] Report?
Resellers: Who are They? What Do They Do? Are They Liable Under the FCRA?
Investigative Consumer [Credit] Reports
Furnishers: Who Are Furnishers?
FCRA Private Rights of Action and Duties Imposed by the FCRA
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Impermissible Access: 15 U.S.C. 1681b[f] and 1681q
Front End Duties of the Credit Reporting Agencies: 15 U.S.C. 1681e(b)
Back End Duties of the CRAs: 1681i[a]:
Credit Bureau's Duty to Provide Consumer Documentation to Furnisher: 1681i[a][2][B]
Duty to Add a Consumer's Dispute Statement in Association with a Specific Account and In Connection with the Credit File/Report: 15 U.S.C. 1681i[c]
Furnisher FCRA Liability: 15 U.S.C. 1681s-2
Failing to Mark Contested Accounts As Disputed: 15 U.S.C. 1681s-2[a][3]
Obsolescence: When Must the Credit Reportings Come Off of the Credit Report: 15 U.S.C. 1681c
Blocking of Information Resulting From ID Theft: 1681c-2
Duty to Notate Disputed Accounts As Such: 15 U.S.C. 1681c[f]
Adverse Action Notice Rules: 15 U.S.C. 1681m and ECOA
Credit Solicitations Are Required to be Clear and Conspicuous: 1681m[d]
Potential Exposure For Sanctions Due to Filing Bad Faith FCRA Cases: 15 U.S.C. 1681n[c], 28 U.S.C. 1927, and Fed.R.Civ.Proc. 11
Credit Repair Organizations Act [CROA]
Disputed Items Cannot Be Re-Sold and Transferred: 1681m[f]
Data Disposal Requirements Under FACTA of 2003
Furnisher-Debt Collectors Must Provide Consumer With Account/Application Information, Etc.: 15 U.S.C. 1681m[g]
Establishment of New Guidelines: 1681s-2[e]
Credit Reporting Agency Liability For Release of Data/Report Improperly
Consumer Reporting Agency's Liability For Wrongful Release or Sale of Information to Others: 1681b and 1681e[a]
Failure to Truncate Credit Card Account Numbers: Private Right: 1681c[g]
Credit Reporting Agency's Duty to Report/Disclose a Consumer's Dispute Related to a Specific Account
Credit Reporting Agency's Duty to Report a Closed Account as Closed
Credit Reporting Agency's Duty to Notify Subscribers/Users of Corrections to Disputing Consumer's Credit Report/File
1681b[g]: If Report Contains Medical Info, Must Have Consumer's Written Consent to Access
Requirement to Add Fraud Alert: 1681c-1
Credit Freeze Laws
Requirement to Report Specified Data Fields in the Metro Tape Sequence
Furnisher's Front End Negative Information Reporting Notice Required Under FACTA Amendment to the FCRA
1681e: Credit Reporting Agencies' Duties in Signing Up Furnishers and Report Buyers
Employer's Access to Credit Reports For Employment Purposes
1681g: Credit Bureaus' Duties to Provide Reports/Disclosures and to Add 100 Word Statements of the Consumer
Affiliate Sharing Problems and Violations
Can You Force a CRA to Report Additional Information?
Resellers: Reinvestigation Duties: 1681i[f]
Common Credit Report Errors and Agency Misconduct
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Credit Errors
Theft of Identity
Mixed File Cases
Re-Aging: Debt Collector's Efforts to Revive Obsolete Reportings
Reinsertion of Previously Deleted Data: How and When Can It Happen?
VIP Databases and Offline Status
Deceased Reporting Cases
Medical Collections and Credit Reporting Issues
Violations of the Automatic Stay and Discharge Order[s] By Credit Reportings
Duplicated Trade Lines Reporting: What Causes It?
Settled For less Than Full Amount: How is that to be Reported?
Credit Reporting of Unliquidated Claims, Speculative Claims and Unenforceable Claims
Landlord-Tenant Credit Reporting Issues
Check Reporting Agencies
Released Tax Liens Not Reporting as Released
Causation: The Crucial Link Between Breach of a Duty and Damages
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Causation to Damage [Proving Your Damages Are Related to and Caused by the Defendants
Types of Damages, Remedies, and Awards Under the FCRA and Related State Law Claims
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Damages Under FCRA
Punitive Damages: 15 U.S.C. 1681n
Punitive Damages, 1681n, and Willfulness Post-Safeco Decision by SCOTUS
Injunctive Relief: FCRA and State Law
Attorneys' Fees, Litigation Expenses and Costs:
Declaratory Relief Under the FCRA
Costs Under 28 USC 1920, Expert Witness Fees, and Other Non-Damage Awards
Security Mechanisms to Stop ID Theft
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Biometrics and Other Computer Authentication and Security Issues
Fraud Alerts, Consumer Statements and Other Useless Features
What is Your Potential Case Worth? Other Case Verdicts, etc.
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FCRA Jury and Bench Trial Verdicts
Review of Jury Awards: FRCP 50[b]
Other Federal Laws Related to Credit Reporting, Data Privacy, Billing Errors and ID Theft
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FDCPA Statute And Amendments: 15 U.S.C. 1692, et. seq.
Electronic Funds Transfer Act: Debit Card Transactions
Equal Credit Opportunity Act
Fair Credit Billing Act, 15 U.S.C. 1666, et. seq.
Gramm-Leach-Bliley Act [GLBA]
Real Estate Settlement Practices Act [RESPA]
Privacy, Driving Records and the Driver's Privacy Protection Act [DPPA]
2005 Identity Theft Enforcement and Protection Act
Governmental/Sovereign Immunity: Can You Sue Governmental Actors for Violating the FCRA?
OFAC Reports and the Law Governing Those Reports
Bank Secrecy Act of 1970
Right to Financial Privacy of 1978
The USA Patriot Act
Foreign Surveillance Intelligence Act [FISA]
Telephone Consumer Protection Act [TCPA], Lousiana’s UTMA and the Junk Fax Prevention Act of 2005
Communications Decency Act
Computer Fraud and Abuse Act, 18 U.S.C. 1030
HIPAA: Medical Records Privacy
Federal Tort Claims Act
Wiretapping, Recording Conversations and Related State and Federal Laws
Justice System Improvement Act Claims
Creditor Reporting Income Attributable to Debtor Based on Defaulted Debt: 26 U.S.C. 7434
1988 Video Privacy Protection Act.
Lanham Act
Electronic Communications Privacy Act, 18 USC. §§2510–2521
State Law Claims Related to Credit Reporting, Billing Errors, Privacy Breaches and ID Theft
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Blacklisting: Statutes and Torts for Blacklisting a Person
Invasion of Privacy: State Law
Defamation: State Law
Interference With Prospective Credit: State Law
Interference With Marital/Family Relations: State Law
Infliction of Emotional Distress/Mental Anguish: State Law
Interference With Contractual Relations
Improvident Lending: Cause of Action
Negligent Supervision, Training and Hiring: State Laws
Deceptive Trade Practices [DTPA] and UDAP Claims: State Laws
Tort of Outrage: State Law
Data Breaches: Negligent Security of Personal ID Information
Antitrust, Copyright and Other Extreme Theories to Avoid
Fraud: Actual or Constructive
Unreasonable Acts of Coercion: Abusive Conduct of the Creditor
State Laws Making Identity Theft a Specific Crime
Unjust Enrichment
Civil Conspiracy: Tort
Breach of Fiduciary Duties
Negligence, Negligent Misrepresentation and Related General Negligence Actions
Abuse of Process/Malicious Prosecution
Key Loggers, Interception of Emails and Related Privacy Breaches
Check Fraud
Jurisdiction, Venue, Removal to Federal Court, Remand to State Court, and Other Pre-Trial Jurisdicti
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Removal of FCRA Cases From State Court To Federal Court
Personal Jurisdiction and Venue in Credit Reporting Cases
Subject Matter Jurisdiction Issues
Abstention Issues
RESPA Actions For Credit Reporting Issues
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RESPA: Section 2605[e][3]: No Credit Reporting During Dispute
FCRA Litigation Strategies and Procedural Issues and Law
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Settlements, Releases, Prevailing Party Status, and Other Things You Need to Know If You Resolve Your Case Before Judgment
Offers of Judgment In FCRA Litigation
Default Judgments and Setting Aside Defaults
Moving to Strike Pleadings and Defenses
Jury Trial: Your Right to a Trial By Jury
Other Trial Issues: Bifurcation of Issues or Parties, etc.
Protective Orders: Defendants Want Them and Why Should You Oppose Them? What is the Law?
Can You Use a Petition Under FRCP 27 Prior to Filing Suit?
Anti-Injunction Act
Do You Have a Right to Bring Claims and How Long Do You Have?
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Non-US Citizen Credit Applicant Issues
Statute Of Limitation: 15 U.S.C. 1681p
Standing to Sue
Secret Documents, Product Information and Testimony
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Acxiom Corporation Secret Documents
Choicepoint Secret Documents:
Equifax/CSC and Affiliates Secret Documents:
Experian Secret Documents
Fair Isaac & Company [FICO]
Innovis Secret Documents:
Trans Union Secret Documents
Furnisher Depositions, Trial and Affidavit Testimony, and Secret Documents
Reseller Depositions, Trial and Affidavit Testimony, and Secret Documents
Other Privacy Laws
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Privacy and Bank Records/Banking Data
Privacy and Medical Records/Data
Privacy and Voter Registration Records/Data
Privacy and Cellular Telephone Records/Data
Respondeat Superior, Vicarious Liability, and Whether Others Are Liable
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Liability For Employee's FCRA Violations? Liability For FCRA Violations by Third Parties?
FCRA Preemption, Immunity, and Qualified Immunity
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FCRA Preemption: 15 U.S.C. 1681t[b][1][F] and Related Discussions
FCRA Qualified Immunity: 15 U.S.C. 1681h[e] and Related Discussions
States/Govermental Immunity From FCRA Claims?
Jury Voir Dire, Instructions, Verdict Forms, etc.
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Jury Instructions and Jury Verdict Forms
Jury Questionnaires, Voir Dire, Jury Selection and Jury Bias
Credit Card Issues
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Credit Card Liabilities
Credit Card Surcharges
Credit Scores, Adverse Action Codes, and Other Report Codes
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Credit Scores, Adverse Action Codes, Risk Factors, Denial Codes and Other Scores and Codes Supplied by the Credit Reporting Agencies
The Mechanics of Credit Reporting
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Public Records Reportings [Non-Bankruptcy]
Bankruptcy Reporting
Student Loan Credit Reporting
Metro Tape [I and II]: Standardized Credit Reporting Formats Used by the Credit Industry
Sharing Information With Affiliates
Military/Armed Forces Issues Involving Credit and Credit Reporting
Defenses Asserted by Industry and Abuse Stories
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Defense Counsel Abuses and War Stories
Defenses Asserted by Credit Reporting Defendants
National Arbitration Forum: Industry's Arbitrator
What Law Applies? Problems Barring Use of the Court and Law
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Arbitration, Forum Selection, Choice of Law, Choice of Venue and Other Adhesionary Clauses
Conflicts of Laws Issues in FCRA and Related State Law Issues
Law of the Case Doctrine, Mandate Rule and Other Possible Interlocutory Ruling Effects
FCRA Legal Forms [Suits, Discovery, etc.]
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Discovery: Interrogatories, Requests For Production of Documents, Requests to Inspect, Requests For Admissions, Deposition Notices, Subpoenas, Deposit
FCRA Sample Pleadings: Complaints, Motions, Oppositions and Other Standard Lawsuit Filings
FCRA Class Actions and Class Issues
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FCRA Class Actions
Special Evidentiary Issues: What is Evidence?
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Evidentiary Issues in FCRA Cases
Appellate Issues, Rules, Law, Etc.
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US 9th Circuit - Amicus Briefs
Amicus Brief - Generally
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