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Advanced Credit Repair - Dealing with Collection Agencies Discuss Case law on preliminary injunction? in the CREDIT AND LEGAL ISSUES forums; ...to prevent erroneous and conflicting tradeline information from reporting pendant litigation?...
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Old 04-03-2007, 02:12 PM   #1
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Case law on preliminary injunction?

...to prevent erroneous and conflicting tradeline information from reporting pendant litigation?
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Old 04-03-2007, 05:01 PM   #2
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If you're speaking of a CRA, I've only seen cases proving the opposite...

I thought Washington v. CSC Credit Servs., 199 F.3d 263, 268 (5th Cir.2000)
disallowed injunctive relief for a consumer:

("[Under the Fair Credit Reporting Act, the] affirmative grant of power to the FTC to pursue injunctive relief, coupled with the absence of a similar grant to private litigants, when they are expressly granted the right to obtain damages and other relief, persuasively demonstrates that Congress vested the power to obtain injunctive relief solely *342 with the FTC."). Because the statute explicitly provides declaratory and equitable relief only through action by the Federal Trade Commission, we believe the different penalty structure demonstrates Congress's intent to preclude equitable relief in private actions.


And for a data furnisher under the FDCPA, it looks to be a no-go also:

Braun v. Stawiarski,
Slip Copy, 2006 WL 2793150, D.Colo., September 28, 2006

My review of the FDCPA reveals that the Act authorizes money damages in civil actions but does not refer to any additional equitable or injunctive relief. See 15 U.S.C. § 1692k(a)(2)(A). I recommend finding that the clear Congressional intent was to preclude private litigants from obtaining forms of relief other than money damages.

Anyone else find anything different, because all I see is that only the FTC can sue for injunctive relief?
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Old 04-03-2007, 06:12 PM   #3
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I'd look at working outside of an FCRA or FDCPA box. I'd also look at who your local judges happened to be and whether there is a basis for an action in a State court- a good State judge can always offer up a TRO that at least then forces the other party to either respond or let the TRO become a permanent injunction.
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Old 04-03-2007, 06:46 PM   #4
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Thanks for the quick answers. As it turns out, state law does offer injunctive relief for consumers.
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Old 04-03-2007, 07:03 PM   #5
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And speaking of judges...this is precisely why it is important to look at who you vote for in each judicial election.

Not to mention...judges often throw some really kick-ass after-election parties. Your donation to their campaigns will generally return so much more than a generic contribution to some national party.
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Old 04-03-2007, 07:37 PM   #6
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Quote:
Originally Posted by centex View Post
And speaking of judges...this is precisely why it is important to look at who you vote for in each judicial election.

Not to mention...judges often throw some really kick-ass after-election parties. Your donation to their campaigns will generally return so much more than a generic contribution to some national party.
Amen on all counts.
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