Thread: Sect 611, If reasonably available?

Call me crazy but I think that Experian uses the term "If reasonably available" in sect 611 (iii) to manipulate those who dont know the law. And people like me who....well....sometimes dont fully understand how the laws are worded :)

(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.

In a letter that I received from Experian, they have a little FCRA disclosure that states-

The federal Fair Credit Reporting Act states that you may:

--request a description of how we verified the information, including the business name and address contacted and the telephone number; IF REASONABLE AVAILABLE;

Its obvious that Experian uses this this term to their advantage. To make people think that its up to Experians disgression to send a response to a procedure request. I know that Sect. 611 goes on to state that CRA's have 15 days to send procedures, but Sect (iii) is rather contradicting in my opinion. I have read this section over and over and over and am still not satisfied with what the term "If reasonably available" is referring to. Could it be just the telephone number of the business or the whole darn section?

This whole thing is coming from a person who has sent a procedure request to experian 3 separate times and denied all 3 times. I just wanted to touch on this issue before I file on them next week.


Anyone?

bump

Not a legalese expert, but I read it as the telephone number will also be provided if it is reasonably available to the CRA

I agree with you Merlin that it would have to be pertaining to the telephone number ONLY. The CRA's have a 15 day time limit to produce something to the consumer. So they cant for example, send the consumer a blank sheet of paper and call it good. They have to provide some solid proof that they conducted a proper investigation. I just really wish that section of 611 would have been worded differently because Experian will take any statement like "If reasonably available" and twist it and turn it to their advantage.

EXP and TU are the only CRA's that I've sent Precdure requests to. TU folded right away and deleted tradelines after I called them their bluff on their BS investigations. EXP on the other hand has never sent me nor several others a procedure request because this is what I believe is the stand that Experian is taking-

The federal Fair Credit Reporting Act states that you may:

--request a description of how we verified the information, including the business name and address contacted and the telephone number; If reasonably available;

This is copied word for word off of the computer generated letter that I received from them. I hope that I'm not making a mountain out of a mole hill but notice the punctuation at the end where it says If reasonably available. I dont recall seeing that same punctuation when I read that section on the FCRA websight. Now I'm not a guru by any means but if I were a complete greenhorn on credit repair, that statement on Experians letter with that punctuation at the end would lead me to believe that its basically up to Experians disgression to send requests for procedure. Because Experian has "If reasonably available" punctuated to make it pertain to the whole statment and not just the business telephone number.