I was in an Opt In for overdrafts had hard time as I lost my job in construction and performed allowed over drafts at my local credit union. I was able to pick up work here and there where I made deposits and sometimes I was short on money and made overdrafts where I paid it back. Long story short I met the banker from hell who didn't want to work with me on paying back an amount owed instead she reported me to Chex Sytems even after I paid the owed amount in full , I disputed was removed due to time frame passed under FCRA, and the reinserted after information was provided weeks later. I disputed again and after carefully reviewing the information it was false and I am owed money what do I do? I need to report this bank and get my money owed to me back. Now no bank will open an account
This requires speaking with a lawyer who handles Fair Credit Reporting Act violations.
If you were overdrafting on a regular basis, the bank can establish that, and any fees owed. But if after all the offsets are included you are still owed money, then the FCRA covers falsely reporting derogatory information.
The credit union can be held liable for falsely reporting information. An attorney can send a demand letter to the credit union, and if they still refuse to clear things up, sue.
FCRA and Rosenthal Act both cover violations such as this. They both have attorney fees provisions in them. So its likely a lawyer who handles these matters routinely will seek fees from the Credit Union and may do this on a contingency, though you will probably have to pay any court costs up front.
This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.
If consistent pattern of overdrafts and failure to pay, bank may have defense.
If not true, You may have case under FDCRA and CA Rosenthal Act. If you previal, you may be allowed to receive attorney fees and costs from violators.
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