Does this sound right? I got off the phone with GMAC earlier, to discuss why they continue to verify my duly discharged debt (a deficiency balance on a repo) of $3721.00, as past due, and chargedoff. They refuse to list it as included in BK. On my Credit Expert, it clearly shows that I am currently delinquent, and past due 3721.00, but the amount was discharged in BK7. I filed a small claims lawsuit against them in March, and they were served, but the legal department has not got the papers yet. They put the bankruptcy manager on the phone, and he told me that "GMAC is under no obligation whatsoever to report that the debt is included in a BK7, and that anybody should be able to look at my credit report and assume that it was included." I responded that is all well and good..however, what about automated scoring models..one of my reason codes is I am currently past due, and currently delinquent on an account, it is the GMAC account! The BK manager said he didnt care about my lawsuit, and said I'd better dismiss my complaint or he'd take the case out of small claims, and move it to district court, where I would have to hire a lawyer, costing me legal bills! (this is a lie, as you can represent yourself in District Court in MD pro se) I think he was trying his best to get me to drop my suit..what do you think? I mentioned that Nelson v. Chase Manhattan Mortgage Corp ruling, which allows wronged consumers to sue the provider of data...he asked if I was a lawyer, then proceeded to tell me that I did not know what I was talking about. What do you think about the situation??
The FCRA is very clear about the responsibilities of reporters of info. Stick to your guns, you got them and he knows it. He's trying to scare you into dismissing it. Read this section of the FCRA and then I suggest you read all of 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. (C) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph (B) shall not be subject to subparagraph (A); however, nothing in subparagraph (B) shall require a person to specify such an address. (2) Duty to correct and update information. A person who (A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and (B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. (3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. (4) Duty to provide notice of closed accounts. A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. (5) Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action. (b) Duties of furnishers of information upon notice of dispute. (1) In general. After receiving notice pursuant to section 611(a)(2) [§ 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall (A) conduct an investigation with respect to the disputed information; (B) review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2) [§ 1681i]; (C) report the results of the investigation to the consumer reporting agency; and (D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis. (2) Deadline. A person shall complete all investigations, reviews, and reports required under paragraph (1) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 611(a)(1) [§ 1681i] within which the consumer reporting agency is required to complete actions required by that section regarding that information. (c) Limitation on liability. Sections 616 and 617 [§§ 1681n and 1681o] do not apply to any failure to comply with subsection (a), except as provided in section 621(c)(1)(B) [§ 1681s]. (d) Limitation on enforcement. Subsection (a) shall be enforced exclusively under section 621 [§ 1681s] by the Federal agencies and officials and the State officials identified in that section.
