Credit Protection, Identity Theft, and Credit Defamation are some of the latest buzzwords in law. While matters such as Identity Theft can be prosecuted criminally, other matters affecting your credit score must be advanced through the civil courts. Credit Defamation actions can arise when you have been the victim of:
- False reporting to the credit reporting agencies by creditors
- False reporting by the credit reporting agencies
- Violations of the Fair Debt Collections Act
- Violations of the Truth in Lending Act (TILA)
- Violations of the Fair Credit Reporting Act
Some of the aforementioned actions require a procedural script of affirmative efforts by you prior to initiating legal action. While it may seem outrageous that the aforementioned actions could occur to begin with, your case may well hinge upon your well-documented efforts to resolve these discrepancies before resorting to the courts.
Credit Defamation actions often include a mix of federal and state laws. Each of the state and federal laws carry different penalties and impose different levels of proof. Thus, determining what actions to file and where can be a daunting task. Generally, actions involving federal statutes should be brought before the United States District Court. However, there remains some grey area in the application of the legal tenets of preemption to some of these statutes.
We invite you to contact us or call our office for a free consultation to see how we can make a difference for you.