? RE: Possible lawsuit

Discussion in 'Credit Talk' started by SweetnSas, Aug 3, 2002.

  1. SweetnSas

    SweetnSas Well-Known Member

    I can't remember where I read it (if it's case law or in the FCRA itself).

    Anyhow, there's someplace that says that someone reporting information to the CRAs must not report info if they know the info is not valid.

    Well, let me ask this: A CA gets your paper, has the wrong address, (i.e. not that you don't live there anymore but that it doesn't exist at all) and you know if any letters were sent to you were returned, would this fall under reporting info they know isn't valid? I mean, if the letters are being returned to them, this has the potential to be a truly fraudelent account.

    Just asking the question....anyone out there care to take a stab at it?
     
  2. LKH

    LKH Well-Known Member

    The rule is in the FCRA:

    § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

    (a) Duty of furnishers of information to provide accurate information.

    (1) Prohibition.

    (A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.

    (B) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if

    (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and

    (ii) the information is, in fact, inaccurate.
     
  3. SweetnSas

    SweetnSas Well-Known Member

    Thanks LKH...I've read so much, I can't remember up from down nowadays.

    So if this CA bought my paper in say, Jan 2001. Started sending letters (supposedly...heh heh) to this bogus address...(letters HAD to be returned - as I said, no such address exists)....then reported this account to the CRAs in say, Aug, 2001, do I have something?

    Thanks again...I'm just trying to gather ammo, in case I need it.
     

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