The Motley Fool Discussion Boards

Previous Page

Personal Finances / Credit Cards and Consumer Debt


Subject:  Re: Another expose on the credit reporting indus Date:  2/13/2013  4:37 PM
Author:  joelcorley Number:  306816 of 313053


You wrote, And exactly what basic right of yours are they violating? I read the Bill of Rights and I can't imagine what it is you're referring to. I think you're imagining things.

The FCRA is based in common law Libel and Defamation. Making false and damaging statements on a credit report and refusing to correct them when presented reasonable evidence to the contrary would qualify as Libel, but the FCRA preempts and quantifies the processes and procedures required of CRAs to minimize tort claims against them and to encourage litigation against them when they fail in their duties under this statute.

So the "basic right" one has is against Defamation. The legal rights one has are explicitly spelled out in the FCRA. (And some states have their own more restrictive or punitive statutes.)

As far as I am aware, there are no real rights to privacy except those provided by law. However, what may be disclosed to whom by a CRA IS restricted by law. And of course it is libelous to knowingly make false written statements that cause injury to another party.

- Joel
Copyright 1996-2021 trademark and the "Fool" logo is a trademark of The Motley Fool, Inc. Contact Us