In the US, can disputed claims (factual dispute) still be reported to a credit bureau? In the US, when reporting unpaid claims to a credit bureau, may creditors also report claims where there is a factual dispute? For example, if I order something online, then do not pay the invoice because the goods I received were damaged, and instead complain to the seller - can the seller still report this as an outstanding debt? In Germany, this is explicitly illegal (Bundesdatenschutzgesetz §28a), claims may only be reported if they are not in dispute, or confirmed by a court. This seems like a sensible precaution, because otherwise companies can report unpaid claims they are not really entitled to. What is the legal situation in the US? And what are the remedies if an unjustified claim is reported?
Yes A creditor (or alleged creditor) in the US may report such a debt, but must include in the report the information that the debt is disputed, if the creditor has been informed in writing that there is a dispute. If the consumer disputes that debt is valid that is a &quot;factual dispute&quot;. That would include claims that goods ordered were never delivered, that the wrong goods were delivered, or that the goods were damaged or non-working at the time of delivery. One relevant law is the Fair Credit Reporting Act. Under § 611 of the act (15 U.S.C. § 1681i) a consumer may file a notice of dispute with a credit reporting agency (CRA). The CRA must re investigate the issue, and may ask for confirming information from the merchant or other person who initially reported the information (known as the &quot;Furnisher&quot; in the law). There is a set of procedures for handliung such disputes. Information found to be &quot;Inaccurate or Unverifiable&quot; must be removed. Subsections (b) and (c) of thsi section provife that: Statement of dispute. If the reinvestigation does not resolve the dispute, the consumer may file a brief statement setting forth the nature of the dispute. The consumer reporting agency may limit such statements to not more than one hundred words if it provides the consumer with assistance in writing a clear summary of the dispute. (c) Notification of consumer dispute in subsequent consumer reports. Whenever a statement of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer’s statement or a clear and accurate codification or summary thereof. Section 616 of the act (15 U.S.C. § 1681n]) provides penalties for wilful noncompliance, and section 617 of the act (15 U.S.C. § 1681o]) provides penalties for negligent noncompliance. These include for wilful noncompliance actual damages, statutory damages of up to $1,000, punitive damages if the court thinks such proper, and &quot;the costs of the action together with reasonable attorney’s fees&quot; for winning cases. For negligent noncompliance actual damages plus costs and reasonable attorney’s fees are allowed. See also the Wikipedia Article on the Acty, &quot;Summaries of Rights Under the Fair Credit Reporting Act (Regulation V)&quot; from the Federal Register, and &quot;Understanding the Fair Credit Reporting Act&quot; from Experian (a major credit reporting agency). 15 U.S. Code § 1692g which is part of the Fair Debt Collection Practices Act provides that if a consumer notifies a collector within 30 days of the initial debt collection attempt that the debt is disputed, collection attempts must cease until the collector verifies the debt, or obtains a certification from the creditor. Section 807(8) of the FDCPA (15 USC 1692f) prohibits: (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. See also &quot;Dealing with Debt Collectors: What You Should Know&quot;
In the US, it is not illegal to lie in general. This includes lying about someone: it's not illegal per se to lie about them. What is illegal is slander and libel: lying about someone in a way that hurts their reputation. The defamation doctrine in the US is generally a common-law doctrine (i.e. the rules and limits are based on court decisions, rather than on laws passed by legislatures), although it may differ state-by-state. Depending on the state, some defamation may be criminal; there is no federal criminal defamation. US defamation law is largely defined through its interaction with the First Amendment. While libel is not constitutionally protected, punishment for libel is seriously limited by the need to avoid either punishing protected speech, or chilling potential protected speech (i.e. discouraging people from saying something that would in fact be protected, because they aren't sure whether or not it's protected). Libel in the US only applies to a false statement of fact, or an opinion which implies some false fact. If it can't actually be proven incorrect, it can't be libelous in the US. The question of whether it's a statement of fact doesn't just depend on the literal speech; it includes things like the context, and is a question about what a reasonable person would think. If I were to claim that someone was "literally Hitler," for instance, no reasonable person would think I was seriously claiming that the person was the former leader of Nazi Germany. Now, no reasonable person who is familiar with Twitter would ever assume that the tweet meant Obama literally stood up in front of the UN and said "Please accept this nothingburger in place of a respectable climate plan." So, it only counts as libel if a reasonable person would think it implies some fact. But a reasonable person familiar with Twitter would most likely think Miesel is saying "The president's pollution plan is a pointless piece of political puffery planned to placate principalities and potentates." This is basically a matter of opinion. Even to the extent that it's not a matter of opinion, public figures in the US cannot win a defamation suit unless they show "actual malice:" the speaker must actually know or actually strongly suspect that their statement is false in some material way. It's not enough that a reasonable person would think "this might not be true;" the speaker themselves must doubt the truth of it (they must be reckless, not just negligent). Courts are also extremely deferential to defendants in these cases. While it is technically possible for a public figure to prove defamation, it is exceptionally difficult. If the person didn't know they were falsely attributing the quote, and honesty thought it was correct, they're in the clear. If the quote isn't supposed to be a statement of fact, but it implies false facts, but the speaker honestly thinks those facts are true, they're in the clear. Private figures don't have to meet the actual malice standard to prove defamation. They still need to show that the statement is a statement of fact or something implying false facts; if it's obviously a summary of something they really said, possibly with added editorial comment, they can't prove defamation.
what would be the threshold for a lie to be actionable where you could claim a damage? There is no award for &quot;lies&quot; which clearly are inconsequential. A customer will never make decisions based on whether &quot;menu options have changed&quot; or whether the business is honest on the statement &quot;your call is important to us&quot;. The impact that the duration of these statements have on the customer is negligible at best, since omitting these statements does not improve the company's response time anyway. The statement &quot;your call is important to us&quot; might not even be a lie. Many companies know that it is in their best interest to gather information from their customers on what to improve, lest customers switch to a competitor or file suit. The lack of objective standards renders statements such as &quot;best pizza in town&quot; unascertainable. Accordingly, it would be unreasonable for a customer to rely on criteria that are subjective, undefined, unclear, and/or palpably fictitious. Only statements like &quot;scientifically proven&quot; and &quot;lose x pounds in y hours&quot; might be within scope of consumer protection laws (see also unfair and misleading practices). The assessment of those scenarios requires more detail, including disclaimers and other &quot;small letters&quot; that are --or ought to be-- disclosed no later than the formation of the contract.
Did I lose possession of my goods? That seems unlikely. But enforcing it sounds complicated, at least from the standpoint of substantive law (the Code civil). I am not knowledgeable of French procedural law. The difficulty begins with identifying whether your claim is cognizable as unjust enrichment, or --per your subsequent oral agreement-- breach of contract. You might want to read sections "The French Law of Unjust Enrichment" and "Enrichissement sans Cause" in this post. Please note that the French Civil Code recently underwent significant reforms, whence references of its articles are likely outdated. Here I pointed out one example of statutory renumbering in the Code. In the second link, you will read that originally [...] the action in enrichissement sans cause would not be available to the claimant if he or she had any other cause of action, even if that cause of action was blocked for some reason. [...] [B]ut it is perhaps here that the law has relaxed most in recent cases. Thus, the subtleties of your matter can be decisive for identifying the type of claim that is applicable to your situation. Lastly, according to this treatise (on p.54), "[t]he French legal system does not have the principle of [reasonable] reliance as it exists in the American legal system" (brackets added). That makes it easier for a plaintiff to prove his claims under French law.
The contract remains valid. Most contracts don't need to be written at all. Even if yours did need to be written under the Statute of Frauds or some other law, you're saying that it was made in writing, even though you later tore it up. The fact that the contract is missing or destroyed doesn't change the fact that it exists and obligates the parties; it just makes it harder to prove what it said.
The person getting the item by fraud didn't get any ownership. Therefore when you bought it, you didn't get ownership either. It's still the company's property, and they can do with it what they like (within reason, they wouldn't be allowed to make it blow up in your face). If you sent back the item, good on you, because the item is now with its rightful owner. If you don't like it, you can sue the person who sold the item to you.
If they really ordered it, they entered into a contract, and you have a claim against them for damages suffered because the contract was breached. This would be a civil claim, not a criminal claim, in the Netherlands. However, if you're delivering an order that was sent anonymously, you have no way to prove that the person at the door is the one who ordered the food - and the onus would be on your to prove that it was. It could become a criminal act under a number of laws ("oplichting", "fraude", etc.) if intent can be proven but that's not easy - and you first have to get the police/public prosecutor interested in the case. It's quite comparable to someone ordering in a restaurant and not paying the bill, which is notoriously hard to prosecute criminally in the Netherlands. (Search for "eetpiraat" - dinner pirates) As a restaurant, you usually can only try to enforce a civil claim through the civil courts.
It depends upon how the service works. A "scrivner" is permitted, but "legal services" are not. If, for example, it asks you the questions on a state approved form and asks you to fill in answers and the compiles the answers into a complaint with the proper typesetting, this would be permissible. It could also have "educational materials" which you could read that could discuss small claims court. But, if it provides individualized assistance on a case by case basis on how to answer the questions, for example, prodding you to say something about each element of a cause of action if you fail to do so, this might very well constitute the practice of law and be illegal.