I am finally filing tommorow for my lawsuit against Experian. I would greatly appreciate all the help from Doc and other experienced CreditNet users. Here is my situation. I have been disputing accounts for the last 4 months. Everytime it gets to the 29th day of the 30 day law, they verify it. I just don't buy it. I have been asking them for the last 60 days for evidence on how and who the names are that conducted the investigation but they deny me the info I requested stating that they don't have to give it to me. Here is the real problem. I have an account that was disputed on 4-26-02. 40 days have past and it is still showing that it is still in investigation. I call and speak to a supervisor. He says that thier is a mistake and he will take it off dispute. I said, well what was thier response. He says the investigation department could not read thier response, so he is taking it off of dispute and thier is nothing he could do. I tell him that they have 30 days to conduct an investigation and if they can't get an answer they have to remove it no matter if they can read it. (He hangs up on me everyday. I have his direct line.) This is why I think I have them. When an item is verified, the CR shows what month it was verified. I have 4 CR's showing the last time it was verified was in 4-02 but they got a response card back in the middle of may though. I have talked to this supervisor 30 times and he is really upsetting me. I am not playing around anymore, I will sue tommorow. I really need all your help on a couple of things. The first thing is, What law have they violated and second where can I find the section. (somebody, please post FCRA section). Do you think I am being out of line or I have a reason to be upset. If anyone has other laws that you think they have broke here please post. Thank you so much in advance for helping.
§ 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, 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. (6) Notice of results of reinvestigation. (A) In general. A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than 5 business days after the completion of the reinvestigation, by mail or, if authorized by the consumer for that purpose, by other means available to the agency. (B) Contents. As part of, or in addition to, the notice under subparagraph (A), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph (A) (i) a statement that the reinvestigation is completed; (ii) a consumer report that is based upon the consumer's file as that file is revised as a result of the reinvestigation; (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; (iv) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the information; and (v) a notice that the consumer has the right to request under subsection (d) that the consumer reporting agency furnish notifications under that subsection. (7) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days after receiving a request from the consumer for that description. § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or
please read the fcra carefully. if you are having trouble figuring out violations, how do you think you can defend yourself in court! maybe you should lurk more and read lawsuit threads here and on these other forums including bayhouse, proselitigant and faircredit movement to assist you.
Scoreguy, I don't mean to be too ruff but until you have EXAMINED FCRA and FDCPA thoroughly you shouldn't be suing anyone without an atty. B.
I am not suing them yet, but I am gathering information on which laws I need to sue them under. I am researching all of them and then trying to understand them, so I have a good case in court. Thanks
