The FCRA, FCBA, and FDCPA applies to any furnisher of information whether it be a corporate conglomerate or a mom and pop credit credit union. The account type is immaterial so long as it is a consumer account as opposed to a business account.
Thanks. Yes, it is a consumer account. I'm curious because... Our second mortage was sold/or is now being serviced by Dovenmuehle Mortgage (although the statements still have the CU's name) and it has been a mess since they took over. Basically, they're reporting us 60 days late when we're current. Background - First they lost our September and October payments and they insisted we owed 4 months. I sent them a letter January 4th with a replacement check for Sept/Oct. In November we paid $35 to do a special skip a payment and they cashed the check but never skipped the month. December was paid normally. I received a response stating the skip a payment had been applied. So I thought everything was all set (early Feb) as we were current. Then I got a satisfaction survey and told them I was disappointed in the service. Another letter dated April 25th confirms the skip a payment was applied January 31. I pulled my credit report 4/10 and they are STILL reporting us as 60 days late! They still show us as one month behind because of that November skip thing, which apparently no one has fully processed or cares about. They send letters occasionally saying they don't have our address,we also received a letter saying they were forclosing (and we were current then too). We spoke with them more than once (the last time over a month ago) and all reps say we're current but...the statement I received today says we owe two months (we don't) and my credit report still says 60 days. Have I not given them enough time to correct the credit reporting? They know they're wrong as they refunded all the late fees and like I said I have the letters stating they applied the skip a payment. Does this fall under the knowingly reporting false info to the credit bureaus statute? Thanks
It's a rather compelling argument however, you would need to dispute it through the credit reporting agencies in order to accrue any actionable claims under the FCRA; specifically, 1681s-2b.
Ok, off to dispute with the CRAs. If it comes back verified, the statute applies, yes? As always, thanks for the helpful info.
Apex, updating to let you know Experian just came back as: Remains - This item has been verified as accurate Can you point me in the right direction for the proper letter for this? Thanks!
Since these are coming back as verified/remains do all the following apply as violations? And, are they actionable at $1,000 per instance? FCRA 15 U.S.C. 1681 permits consumers to bring private causes of action against furnishers of information to credit reporting agencies who fail to properly investigate disputed credit information. FCRA § 623a1a and 623a1b. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] FDCPA § 807. False or misleading representations [15 USC 1692e]
Prudence before court.... Before you begin legal suit, I would send the mortgage hold a written demand to correct inaccurate information within 30 days of receipt, or you will proceed with legal remedy. Be sure to send Certified Mail Return Receipt Requested. Make a brief timeline summary of issues, enclose copies of statements as evidence, and send to their legal department. If they do not correct reporting, then you have even stronger evidence to take to court, and you've demonstrated the due diligence of trying to correct this situation (judges like that). A data furnisher can correct information to the CRAs within hours if they really want to. You just have to find the button to make them "really want to"!
While I can appreciate your warning bizwiz I think I've already demonstrated the facts to the company. Mind you I have called them twice and sent them letters explaining why they are incorrect. Each time I get a response back (either from the rep on the phone or via snail mail later) that I am correct and we are current. I fail to see what one more letter will do as we have been trying to get this straightened out since January. I even gave them another chance to fix it when I disputed with the CRAs and they verified it. My lawyer may have the "right button."
The CMRRR letter is not for the company, it is for your attorney and the judge, also sending any documentation CMRRR also carries the effect of "legal" process. My suggestion for sending a letter CMRRR is to add to your evidence for a court case.
I see, thank you for the clarification. I'm just so frustrated with trying to get this straightened out for 6 months!
