Lawsuit...new approach? (v. long)

Discussion in 'Credit Talk' started by msb212, Jul 31, 2002.

  1. msb212

    msb212 Well-Known Member

    OK, here's a letter i am thinking of sending...I'd love everyone's perspective. Essentially, I am trying to get the CRA to update my file immediately, rather than wait until every single item has been investigated and then changing everything at once. I can't wait that long for my refi to go through. I'm no lawyer, but I think this makes some sense. Please advise...

    TransUnion

    Dear Sir/Madame:

    I am writing to inform you that you are currently in violation of the FCRA, and that unless you make the changes discussed below to my credit file immediately (within 24hours of receipt of this letter) I intend to sue you on multiple counts of FCRA violations, for both statutory and punitve damages. As I am in the middle of a refinancing of my home mortgage, whose balance is in excess of $1.1 million dollars, the damages should you fail to comply will be considerable, as the interest rate I am currently paying as compared with that I would be entitled to receive in the refinancing results in greater interest payments in the tens of thousands of dollars annually.

    Specifically, I have been told by you that while you have updated for your own records certain items in my credit report to reflect corrections based on evidence I have provided, the credit report you make available to third parties will not reflect these updates until all reinvestigations have been completed. You have acknowledged to me several times by telephone this fact, and I have full and complete records of all my phone conversations with your representatives regarding this matter.

    The FCRA clearly states in section § 607. Compliance procedures [15 U.S.C. § 1681e]:

    (b) Accuracy of report. Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

    You are in violation of this section, as you have acknowledged that you are aware that the report is showing inaccurate information, yet you refuse to update it immediately.

    The FCRA also clearly states in section § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]:

    (a) Reinvestigations of disputed information.

    (1) Reinvestigation required.

    (A) In general. If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information...[emphasis added]

    Once again, you have acknowledged that the information being reported is inaccurate. Your obligation to report the "current status of the disputed information" is not being met. THis is another clear violation of the FCRA.

    Under the FCRA, I am entitled to seek sompensatory and punitive damages for your violations. As I have already explained, the compensatory damages, by my calculation, are acruing at a rate in excess of $250 per day that I am unable to complete my refinancing. Punitve damages are typically a minimum of five (5) times the actual damages. I will also point out that the considerable time and effort I have been forced to expend in pursuing this matter have prevented me from performing my job effectively, with a commensurate loss of income, and the emotional stress associated with this matter is also significant. I intend to seek damages for this as well, unless you immediately update my report for the information which you now know to be falsely reported.

    Specifically, you have acknowledged that my account with xxx has been updated to "never late" status, and that the account is current. My report currently shows a 30 day late payment, and a 30 days past due status. This represents two separate violations of each of the statutes described above. That's a minimum of $4000 in statutory damages, PLUS actaul/compensatory damages, PLUS punitive damages. Wouldn't it be easier to simply update my account immediately?

    You are showing 2 30 day lates on my auto lease with xxx, though you have acknowledged to me after reviewing the documentation I provided (AFTER you "verified" the information as correct -- another violation) that you had removed the derogatory information. Again, this represents 4 violations.

    You have verified three times an account which has never existed, and which I provided you a letter from the creditor in question which clearly states that the account is not mine and should be delted from my credit file. You fianlly acknowledged this fact, yet the account still appears on my report, pending "completion of the entire reinvestigation".

    Well, I'm sorry, I do not have to wait for completion of the entire reinvestigation of all the items. You are required by law to look reprot with the maximum possible accuracy. By my preliminary calculations, you will owe me something in excess of $17,000, before punitive damages if you do not comply immediately. You might also not the jury award of $5.3 million in damages presented yesteray to a woman whose situation is nearly identical to my own. Think about it.
     
  2. SCMomof5

    SCMomof5 Well-Known Member

    And people thought MY letter was strongly worded! LOL

    Go get em!
     
  3. msb212

    msb212 Well-Known Member

    Thanks -- but I am trying to determine if there is a fault in my logic here. TransUnion says that all disputes are considered as a single dispute, but the FCRA clearly states that "If the completeness or accuracy of ANY ITEM of information...is disputed...the CRA shall reinvestigate and RECORD THE CURRENT STATUS." Well, they're not doing that. They have reinvestigated, but they are not reporting the current status! along with everything else. Then the they even had the audacity to tell me that they are not required to show the account as being in dispute, even after I quoted the FCRA.
     
  4. msb212

    msb212 Well-Known Member

    Just spoke witht he FTC. The rep there agreed with me that the FCRA does not allow for the CRAs to clump disputes together. He thought I should file suit.
     
  5. Nave

    Nave Well-Known Member

    Sounds right to me. I see nothing that would allow the CRA to consider the dispute you submitted on one form, a conglomeration. It should be seperate and individual disputes and handled as such. I do however, think they could wait the entire 30 day process out, even with the information you provide, to allow for the creditor's response on the matter.

    Nicely worded letter by the way...I think it packs a punch!

    -Peace, Dave
     
  6. msb212

    msb212 Well-Known Member

    Thanks Dave. I just hung up with EQ, who finally agreed to update the changed items even while waiting for the tax lien investigation to complete. Didn't go nutcase, just used honey on the right person.

    TU is the real problem. Another screaming match with them this morning, in which I told the &*%^# woman that I was going to specifically name her in the lawsuit and that she would probably lose her job as a result. I quoted the $5.3 million judgement. She got nicer all of a sudden, but said there was nothing she could do. I asked to speak with her supervisor and she refused.
     
  7. jambe

    jambe Well-Known Member

    Emphasis mine.

    It only gives them a maximum of thirty days. If they are aware sooner, they are to correct sooner. Other section stipulate maximum accuracy and reasonable procedures to insure the same.

    Go get 'em :eek:)
     
  8. Nave

    Nave Well-Known Member

    Since joining this board the BEST thing I have learned is that not ALL reps are bad/stubborn/obstunate etc... and the easiest way to get things done is the MINUTE you sense that there is gong to be difficulty getting this rep to comply...simply say:

    "Oh shoot, there is the doorbell, I am going to have to get that and call you right back."

    This has a few good side effects...usually it results in nothing being written in your CSR file such as "consumer was beligerent screamed and hung up on me..." because you did not get your dander up, and simply and peacefully ended the call...also there is usually no way for you to get back to that exact rep...so your calling back will result in a completely new and fresh face to explain your trouble to and MAY result in a positive outcome. So wait 10 minutes and call right back.

    Keep that up 3 or 4 times and eventually you will get a helpful person who simply says "ok I see the problem Mr. Nave, let's just take care of this now so you can get back to your busy day" :))

    It has worked magic, dealing with ALL types of CSR reps, from my credit cards to my disputes with the CRA's.

    You will find things like men help you more than women...or vice versa. Older reps help you more than younger reps do...or vice versa, it is all in the way you handle and present yourself. Try it a couple of times...it means a few "on hold" sessions, but it may be worth it.

    Good Luck!

    -Peace, Dave
     
  9. msb212

    msb212 Well-Known Member

    I agree. I've found this to be true as well. On the bright side, my new EXP report now has a scor of 667 !!! That's up from well below 600 when I began this odyssey in May. I've found TU to be the worst, however -- rudest, most intransigent and hopelessly inaccurate. Unfortunatley, it also seems to be the most popular among creditors...
     
  10. tac14033

    tac14033 Well-Known Member

    You know what I found out when you send legal jargon and quotes of the FCRA and your intent to sue to the CRA's??

    Another stupid form letter is what they send you!!

    They don't read your letter at all.

    The only way they will read it is when you actually sue them.

    This is what I am doing now, I don't have time or money to play games with these idiots anymore.

    It is now war!

    Tac
     
  11. Butch

    Butch Well-Known Member

    Great advice Dave,

    Everyone around here is so anxious to tear somebodies head off and poop down their neck, (not necessarily without reason). :)

    Thanx for reminding us that there are other strategies that may, in fact, get better results faster.

    :)
     
  12. msb212

    msb212 Well-Known Member

    milk and honey eventually curdles.
     
  13. Butch

    Butch Well-Known Member

    Yea sometimes.

    :)
     
  14. Nave

    Nave Well-Known Member

    I agree and thanks Butch. It is all about how you decide to react to the situation.

    -Peace, Dave
     

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