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Collection Company of America: Are consumers complaining?

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Why am I still getting fraudulent information on my credit reports from Collection Company of America for an account that has been deemed fraudulent in 2003 by Cingular Wireless? I have just spoken with a representative from that company and they said that they are not responsible for removing this mar from my report, that the original creditor has to do it! However, I was redirected back to the Collection Company of America after verifying that this account was indeed deemed fraudulent and closed!

Here are the two cases that discusses how to sue CCA and the CRAs:
"In Dennis, we did not define what constitutes an inaccurate report. Later, in [URL=" case?case=2368293623148577996&hl=en&as..."]Gorman[/URL], we explained that an item on a credit report can be "incomplete or inaccurate" within the meaning of the FCRA's furnisher investigation provision, 15 U.S.C. ? 1681s-2(b)(1)(D),[URL="http://scholar. "][COLOR=#0000cc][10][/COLOR][/URL] "because it is patently incorrect, or because it is misleading in such a way and to such an extent that it can be expected to adversely affect credit decisions." [URL=" case?case=2368293623148577996&hl=en&as..."]584 F.3d at 1163[/URL] (internal quotation marks omitted). The California Court of Appeal has expounded a very similar concept of inaccuracy in the context of FCRA and CCRAA provisions requiring that credit reporting agencies adopt procedures to assure the "maximum possible accuracy" of credit reports. See 15 U.S.C. ? 1681e(b); Cal. Civ.Code ? 1785.14(b). For example, in [URL=" case?case=8181253824878227249&hl=en&as..."]Cisneros v. U.D. Registry, Inc., 39 Cal.App.4th 548, 46 Cal.Rptr.2d 233 (1995),[/URL] the court concluded that "a report violates the[se] statutes when it is misleading or incomplete, even if it is technically accurate." Id. at 254."

Carvalho v. Equifax Information Services, LLC, 615 F. 3d 1217 - Court of Appeals, 9th Circuit 2010, http://scholar.googl as_vis=1&oi=scholarr

Cisneros v. UD Registry, Inc., 39 Cal. App. 4th 548 - Cal: Court of Appeals, 2nd Appellate Dist., 4th Div. 1995: case?case=8181253824878227249&hl=en&as_sdt=2,48&as_vis=1

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Sub: #41 posted on Fri, 05/13/2011 - 10:07


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