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This is a situation where I am forced to provide unwelcome news, so kindly do not blame the proverbial messenger. A this time state and federal law do not see a poor credit report as 'injury'. Since a lowering of the report is not 'injury', there is no injury to sue or based on the error of the bank. I agree that this is a loss of opportunity and additional expenses, but unless you can either prove that this was done with intent and malice (so as to create a claim for intentional interference with your business interests), or it was negligent to the level of criminal neglect, there is simply not enough to file. The logic of the current law (which I personally disagree with) is since the creditors are free to voluntarily disregard your credit rating and still choose to enter into a contract, the report is only one voluntary factor that is not mandatory to transactions, and it is therefore possible to potentially convince the creditors to set aside the terms. In real life that is not usually the case, but this is a situation where the law did not yet catch up to reality.
I am sorry.
Thanks for your response, even though unhappy. While I understand it is not your fault, I am about to loose not only the $1000 deposit, but out the expense of $ 450 in fee's paid & now I have to find another place to live. Is the reckless actions of someone at US Bank not responsible ? I fully don't understand and appreciate your comments.
For it to be 'reckless' you have to show that they had no standards in place about false or incorrect reporting, or in case of malice, that the targeted you intentionally. If the error was not intentional, and the error was likewise not caused by a systemic breakdown, it is likely not reckless. It is still negligent, but negligent has a bit of an informal scale that denotes serious violations--while this is serious, it is likely not to the point that it was criminal and would therefore not create a potential cause of action.
I am sorry!
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