A lot of CNer's, after disputing with the CRA's and having the TL verified, have been asking what to do next. The answer to this question is almost always the same; DEMAND PROCEDURES! What happens [semi] frequently is that since they can't provide this information they simply 'pretend' to re-investigate (just like they 'pretended' to investigate in the first place) and then delete, just to make you go away. Especially now. With your DP it becomes obvious that you're not the typical babbling idiot they thought you were. (7) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days after receiving a request from the consumer for that description. Be sure to study (6)(B)(iii) to see what to do. .
Especially if you're looking for violations, this is a good thing to request. I sent two letters to EQ about a dispute demanding their verification procedures. Both times the re-investigated. I have never received what I asked for. I sent two letters to EX about a dispute demanding their verification procedures. I never heard anything. I asked for the verification procedures on the phone twice. They told me they were mailing it out, but it never came. Keep a record of all your phone calls and letters. If you hold them up to the FCRA, they will fail.
AtlantaGA: If EX does send a procedurals its a non-compliant procedurals response anyways. i.e. so general it isn't worth the paper & postage. BUTCH, Do you have a special letter that you use to actually get them to mail a REAL procedurals request...
Thx for starting this up. I am hoping for a couple of these violations myself. Once I have them documented I am going to try having the CRA's served w/ a settlement offer to erase all the derogs. Many other creditnetters have had success this way so now I am going to try it! low
Thanks for starting this thread Butch. I have my Procedure Request ready to mail, simply because all of the CA's verified. (Yes, they've received VR - one has received 2 VR's, and NONE have provided validation.) Shorty
(7) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days after receiving a request from the consumer for that description. Actually, if a CRA sends a form letter stating they contact the CAs by mail or electonically, yada yada, that is a descrption of their procedures. Problem is, it's vague. Is there any documentation or precendent (sp?) that states the description my be more specific?
Re: Re: Demand Procedures! IIRC, (6)(B)(iii) tells just how specific it must be: it must relate to your reinvestigation, not just their general procedures. At least that's my interpretation...
My own experiences... I have had no luck getting any actual procedure requests answered. However, it can result in deletions. Equifax (CSC for me) would not send their procedures, but after filing several complaints with the Houston BBB, they managed to remove every item I was asking them to verify. Unfortunately that included an item that had finally been reported correctly, but it was an overall gain. Experian sends back that damn form letter about their general reinvestigation procedures. I don't remember if I filed BBB complaints or not, but nothing I have ever done has had any effect on these people. I assume you must sue them to get things moving, and have never found the time to do so. TransUnion, fortunately, has almost universally deleted items I have disputed, or updated them to the correct information. I once had to call several times and fax proof of having submitted an online dispute, but that only took a couple extra days. YMMV...
Re: My own experiences... Actually Thundabird, you may very well be exactly right. That's why I said; ((6)(B)(iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available; These components of an answer to your demand for procedures are ALL prefaced with these words; " ... if requested by the consumer ... " So ... in my demand for procedures I make sure I specifically request them. ie. Please include with your response the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, It also says "including". But I wouldn't leave em with ANY arguments. Good catch. .
Re: My own experiences... It would appear that (6)(B)(iii) offers the CRA 2 opportunities to fail their FCRA requirement for adequate procedures: 1) their notice to you must include the above required (6)(B)(iii) notification to you that you can request specific (not generic) contact information used in their verification. 2) When you request this specific contact information, if they only provide a generic response, they have not met their (6)(B)(iii) duties, AND they have also not met their OWN alleged procedures if they correctly sent you the notice required by (1).
Re: My own experiences... I can dig it, Butch, but I think I phrased my question improperly... The response I get from CRAs is a form letter which includes the name, address and phone number of the OC, which does satisfy the basics of the requirement. But can I request, specifically, the method they used to verify the data (mail, wire, phone), the name of the person who supplied the information, date and time, and stuff like that...and them zap 'em if they don't supply it?
Re: My own experiences... I thought I saw a thread a while back that discussed a court decision holding that once a CRA is actually notified of a dispute, they have a much higher standard regarding their procedures to verify the accuracy of a credit line. Simply stating their general procedure (without details regarding the specific dispute at issue) under those circumstances would seem to be a clear violation of the FCRA. I can't find the thread or the case though. Anyone know where that thread/case is?
I mailed a procedure request to EQ on Monday, and today, one of the 'verified' accounts appears to have been deleted.....at least it wasn't on PG a few minutes ago...will pull EQ CW in about a hour.
Re: Re: Demand Procedures! Disputed several accounts on 2/2- received results on 2/28, send procedure request on 3/1.... Pulled EQ CW just now and NCO account is gone, the others are still there, but hey one down..... TY Butch for this lil tidbit. Shorty
