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phantom · #1 (**permalink**) 08.20.2008, 18:02

I disputed tradelines on all 3 of DH's reports online July 16. To date I have only received a response from TransUnion. Isn't Equifax and Experian obligated to at least send him some communication before the 30 days are up? Is my next step to send the "prove it or remove it" letter? TIA

ccbob · #2 (**permalink**) 08.20.2008, 18:53

45 days is a more reasonable wait time, but after that, it might be time to ramp it up. The creditor has 30 days to respond so if you add some time before and after that requirement you can get to 45 days.

If you haven't received anything by Labor day, then you might try to see what happened.

phantom · #3 (**permalink**) 08.20.2008, 19:10

Really? This seems to say a response from the CRAs is due 30 days from notification. And, in this case, everything was disputed online so their time is up.

� 1681i. Procedure in case of disputed accuracy

(a) Reinvestigations of Disputed Information

(1) Reinvestigation Required

(A) In general.

Subject to subsection (f), 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, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.

(B) Extension of period to reinvestigate.

Except as provided in subparagraph (C), the 30-day period described in subparagraph (A) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation.

(C) Limitations on extension of period to reinvestigate.

Subparagraph (B) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph (A), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information cannot be verified.

ccbob · #4 (**permalink**) 08.20.2008, 19:58

Well, you can wait another week to see what happens or you can file suit.

You might first check to see what 15 U.S.C. � 1681n allows in terms of civil liability and what the case law shows as being the odds of collecting given the facts in your case.

That their actions violate a law doesn't necessarily mean anyone is going to care (unfortunately).

phantom · #5 (**permalink**) 08.20.2008, 20:05

Not looking to sue, just want to make sure I'm informed. In actuality, the prove or remove letter implies all the things disputed need to be deleted, yes? That would be more ideal. :)

ccbob · #6 (**permalink**) 08.20.2008, 20:14

If the dispute is not returned by the creditor, then the tradeline has to be deleted. The CRAs give them 45 days (30 + change) to respond. Somewhere this is allowed, but I can't remember where I saw it. Basically it's to account for the mail, etc. (or some other lame-o excuse).

Hence my advice to just wait until after Labor day. Don't let this ruin your holiday weekend :)

phantom · #7 (**permalink**) 08.20.2008, 20:20

Thanks ccbob, appreciate your replies. No worries, I plan on enjoying the holiday! :D

apexcrsrv · #8 (**permalink**) 08.21.2008, 01:16

Are all your addresses correct. They will send them to old addresses if listed as current on the credit disclosure.

phantom · #9 (**permalink**) 08.21.2008, 08:05

Yes, all addresses are correct - he has lived at the same address for the last 11 years. Also, it's my understanding that if you dispute online they reply online (not via mail so the "waiting" time for snail mail is not applicable.)

apexcrsrv · #10 (**permalink**) 08.21.2008, 12:00

Not in all cases. In any event, you would need damages for an FCRA claim. They could have deemed this a 45 day timeframe. Were the disputes from a free report?

phantom · #11 (**permalink**) 08.21.2008, 16:32

What do you mean by "damages"? I'm not suing. They can't arbitrarily decide that our disputes take 45 days and yours take 30. It seems clear cut that they have 30 days to respond. Period. This is not a re-investigation and yes, I purchased all 3 reports.

ccbob · #12 (**permalink**) 08.21.2008, 19:34

Quote:

Originally Posted by phantom

What do you mean by "damages"? I'm not suing. They can't arbitrarily decide that our disputes take 45 days and yours take 30. It seems clear cut that they have 30 days to respond. Period. This is not a re-investigation and yes, I purchased all 3 reports.

Well, they can arbitrarily decide to do whatever they want (and often do) until someone takes them to court. The FTC only responds to the most egregious violations (sometimes). In most cases, not complying with the FDCPA or the FCRA is a civil matter so the only "teeth" (such as they are) in the law is for the victim to bring a civil action against the company.

phantom · #13 (**permalink**) 08.21.2008, 19:42

I see said the blind man. So basically they are above the law unless they really, really screw up and only then if someone calls them on it. :)

apexcrsrv · #14 (**permalink**) 08.21.2008, 23:16

Quote:

Originally Posted by phantom

What do you mean by "damages"? I'm not suing. They can't arbitrarily decide that our disputes take 45 days and yours take 30. It seems clear cut that they have 30 days to respond. Period. This is not a re-investigation and yes, I purchased all 3 reports.

I think you need to re-read "all" of the FCRA before you go correcting me. They can take 45 days if "they" deem that the dispute comes from a free report. In other words, unless you included a confirmation number, they can deem it as being free. It isn't arbitrary at all insofar as it is clearly stated in the FCRA.

For what it's worth, damages would include a denial of credit opportunity.

Finally, it is a re-investigation. Again, re-read the language of the FCRA. Consumer disputes are defined as requests for re-investigations.

Oh, did you send this CMRRR? Nope, you did it online which is the absolute incorrect way to do it. You have no paper trail.

phantom · #15 (**permalink**) 08.22.2008, 07:22

Quote:

I think you need to re-read "all" of the FCRA before you go correcting me. They can take 45 days if "they" deem that the dispute comes from a free report. In other words, unless you included a confirmation number, they can deem it as being free. It isn't arbitrary at all insofar as it is clearly stated in the FCRA.

Ok, lighten up! I am not correcting you, I am saying every damn thing that I've read says a response is required within 30 days. If it's 45 for everything why does 30 come into play at all? Again, the reports were paid for and I included the confirmation numbers in my letters.

Quote:

For what it's worth, damages would include a denial of credit opportunity.

Which has happened.

Quote:

Finally, it is a re-investigation. Again, re-read the language of the FCRA. Consumer disputes are defined as requests for re-investigations.

Fine.

Quote:

Oh, did you send this CMRRR? Nope, you did it online which is the absolute incorrect way to do it. You have no paper trail.

No, but I do have a paper trail...it's called utilizing a printer. You know, printing the "not free" reports, confirmation numbers, print screens of the disputed items.

Don't bother "helping" me anymore. I can get this attitude from my kids, I certainly don't need it here.

apexcrsrv · #16 (**permalink**) 08.22.2008, 07:43

So, when someone clears something up for you you tell them to piss off? Makes sense.

Good luck with this . . .

Hedwig · #17 (**permalink**) 08.22.2008, 09:23

Quote:

Originally Posted by phantom

No, but I do have a paper trail...it's called utilizing a printer. You know, printing the "not free" reports, confirmation numbers, print screens of the disputed items.

Don't bother "helping" me anymore. I can get this attitude from my kids, I certainly don't need it here.

The only problem with this is that many courts won't accept it, if you ever get to that point.

There are reasons we advocate the methods we do.

Certified mail is a much higher level of proof than something printed from your computer, which they can claim has been altered.

phantom · #18 (**permalink**) 08.22.2008, 10:43

Understood, Hedwig - just not overly thrilled with the attitude that came with the response.

jjgross · #19 (**permalink**) 08.22.2008, 11:27

Quote:

Originally Posted by phantom

Understood, Hedwig - just not overly thrilled with the attitude that came with the response.

It's nothing personal we give and get answers we don't like and believe me i've had answers i didn't like or no answer at all.People were trying to help you with your questions remember cra's were set up for the greedy,by the greedy,who shall not perish in are lifetime.