Been labeled 'frivolous" by TU

iamsamiam:

I think we both know you have a legal right to dispute any and everything on your report that you think is inaccurate. What was the reason you gave for the dispute? I think you should remind the of the FCRA, I would do this while informing them that if they do not reinvestigate they will be violating your rights and in which case you will see them in court.

 

Actually, they DO NOT have to investigate just because we say so. The FCRA states that unless the consumer provides new additional information, the CRA can refuse to dispute on the grounds that the item has already been investigated and is now frivolous.

 

I disputed an account on Experian...they validated. I turned around the very next month and re-disputed...they responded immediately with "we will not re-investigate, you already disputed this item and we verified". I waited about a "month and a half"/2 months and re-re-disputed...they entered it, could not verify, and deleted it.

As for TU, I agree with what Robin wrote.

-Peace, Dave

 

i don't think there is a set time.

 

It could be. i would try sending them a dispute and in it, state something like "I talked to someone at the creditor's office and they told me to dispute it with you guys" - they may buy it.

 

See my post above...Experian took my re-re-dispute just 2 months after rejecting the re-dispute.

-Peace, Dave

 

I have found that if Experian doesn't take the dispute online after the two tries, then call them up and do the dispute over the phone. it has never failed me yet.

 

Matty, help me understand something. You are not quite 18 yet. You had a few cards, a few of which you say you closed, and you have not had any bad or negative credit. Just how many disputes could you have possibly done?

 

Actually numerous disputes through Experian. They had the Bank of America account I closed listed as closed by consumer. Then they abruptly listed it as "closed by credit grantor." I finally got that fixed, and now they list the account as "open/never late" when the account was closed long ago. They also had the original credit limit wrong and showed the high balance as $5000 higher than the original credit line.

 

FCRA does not say anything at all about new additional information for an item that has already been investigated, nor does FCRA in any indicate or even imply that a prior investigation = frivolous. The number of factually incorrect items that are investigated, verified, investigated again and deleted in fact is compelling evidence of precisely the opposite.

EXP gets away with it because people don't sue. It is like their refusal to investigate INQs. If everybody who sent in request #3 and got their dispute rejected turned around and immediately sued (also naming a couple of individual defendants) EXP would probably change their tune quickly.

 

You are wrong - it absolutely does address frivolous disputes.

From the FCRA:


(3) Determination that dispute is frivolous or irrelevant.

(A) In general. Notwithstanding paragraph (1), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information.


It would be reasonable for Experian to determine your disute is frivolous if you have already investigated is twice and have then tried a 3rd time without providing any facts to support your claim.

 

I received their response yesterday to an inquiry dispute. It said:

"Experian's policy is that inquiries are not investigated. If there are any that you have a question about, then you would need to contact the creditor that pulled your report at the address supplied to you."

By federal law, your personal credit report must list all that have requested your credit history. According to the Fair Credit Reporting Act, credit grantors with a permissable purpose may inquire about credit information. Requests for your credit history remain on the personal credit report for 2 years."

Now I disputed these as no permissible purpose. Since only those with permissable purpose are supposed to be able to do an inquiry, that responsibility falls on Experian to make sure that those without permissible purpose do not access a credit report. That being the case, if I notify Experian that there was no permissible purpose, they darn well better investigate that!

That being said...do you notice how they use the term "personal" credit report? Well, the FCRA only says that it has to be provided to the consumer who requests it. Says nothing about every inquiry having to be listed on a consumer report pulled by a potential creditor, etc. As such, it seems to me that they would investigate and if they find no permissable purpose, move them to the soft inquiry section.

Anyway...I'm going to amend my complaint on Tuesday and include their refusal to investigate inquiries. I did contact the company who pulled the report and they told me I had to dispute it with Experian.

I'm just not sure how to send them my amended complaint. Since they have not entered an appearance, I don't have an address to send them copies of pleadings, unless I send them through the registered agent. Arrrgggghhhh...they are giving me heartburn.



L

 

I assume you are aware that if you amend your complaint, they then have an additional 20 or 30 days (whatever your state law says) to file an answer.

 

Yes, but if they don't answer by Tuesday, then they have not answered within the 30 days they had. I don't want a default judgment. I'd rather give them another 30 to file their response than to have to go through getting a default judgment, having them file a motion to set aside and proceed with the case. I *want* them to answer...lol.


L