Can I sue Chexsystems?

Here is the deal.

Two Negative entries from B of A 8/2000 stating NSF activity.
The NSF wasn't actually bad checks but overdraft fees from them paying a debit/atm transaction when my account was very low and charging me 20.00-36.00 to do it. There were 4 ATM debits for under 5.00 that they paid. Came out to 96.00 in overdraft fees.
There is no debt associated with the NSF activity.
No checks were bounced. I closed the accounts myself, I was so p'd off.

Hi Ho, Hi Ho off to Chexsystems I go.
Why couldn't they just deny the charge at the terminal? They are criminal

I did not have overdraft protection.
.

BTY, B of A was recently busted for "prioritizing" debits/drafts so that the larger ones are paid first, causing overdraft fees to be incurred.


January >Disputed> one came off in 30 days.
Sent another letter as I disputed "erroneous accounts from B of A. They should have both been investigated, I didn't "pick" which one.

Sent another letter

I recently sent you a letter regarding negative information you are reporting on my Chexsystemâ??s consumer file. Although I am thankful that you did delete one of the disputed entries from Bank Of America, there remains still negative information from Bank of America in my consumer file. You are currently in violation of the Fair Credit Reporting Act for failing to provide proof of this ERRONEOUS ENTRY and not deleting this information within 30 days as per the FCRA. Please delete this negative information within 5 days of receipt of this letter or I will exercise my rights under the FCRA immediately through the courts. I have enclosed a copy of the original letter I sent in January. I have also enclosed a copy of my Chexsystem consumer file.

I also went and tried to open an account ast week, to see if the entry was marked in dispute on CS.

No dispute notation.

Does this letter above not let them know that I am disputing this account, I had already made it perfectly clear in the first letter?

So they send me a letter that says

"This letter is in reponse to your recent communication regarding bah. Please be informed that the reported information contained in your consumer file at Chxsystems does not contain a record of outstanding debt.


NEVER SAID IT DID RETARDS!

Enclosed is a copy of the info in your consumer file at CS. reported info is submitted to CS by members of our service blah blah. We retain reported material for 5 years, unless the reporting member requests its removal or Chexsystems is obligated to remove it under applicable law HELLO! The reporting member institution is under no obligation to remove accurate info, even after payment of monies owed. Blah blah freakin blah!

So Can I sue the bastards?

Should I write another letter saying they have violated the FCRA again and I will be reporting them to the AG if they don't delete in X amount of days?


1. They didn't investigate and I asked them twice.

2 They didn't mark the account in dispute.


I am in California.
Thanks!

 

And this is part of the CAl. FCRA

You have a right to bring civil action against anyone, including a
consumer credit reporting agency, who improperly obtains access to a
file, knowingly or willfully misuses file data, or fails to correct
inaccurate file data.


1785.16. (a) If the completeness or accuracy of any item of
information contained in his or her file is disputed by a consumer,
and the dispute is conveyed directly to the consumer credit reporting
agency by the consumer or user on behalf of the consumer, the
consumer credit reporting agency shall within a reasonable period of
time and without charge, reinvestigate and record the current status
of the disputed information before the end of the 30-business-day
period beginning on the date the agency receives notice of the
dispute from the consumer or user, unless the consumer credit
reporting agency has reasonable grounds to believe and determines
that the dispute by the consumer is frivolous or irrelevant,
including by reason of a failure of the consumer to provide
sufficient information, as requested by the consumer credit reporting
agency, to investigate the dispute. Unless the consumer credit
reporting agency determines that the dispute is frivolous or
irrelevant, before the end of the five-business-day period beginning
on the date the consumer credit reporting agency receives notice of
dispute under this section, the agency shall notify any person who
provided information in dispute at the address and in the manner
specified by the person. A consumer credit reporting agency may
require that disputes by consumers be in writing.
(b) In conducting that reinvestigation the consumer credit
reporting agency shall review and consider all relevant information
submitted by the consumer with respect to the disputed item of
information. If the consumer credit reporting agency determines that
the dispute is frivolous or irrelevant, it shall notify the consumer
by mail or, if authorized by the consumer for that purpose, by any
other means available to the consumer credit reporting agency, within
five business days after that determination is made that it is
terminating its reinvestigation of the item of information. In this
notification, the consumer credit reporting agency shall state the
specific reasons why it has determined that the consumer's dispute is
frivolous or irrelevant. If the disputed item of information is
found to be inaccurate, missing, or can no longer be verified by the
evidence submitted, the consumer credit reporting agency shall
promptly add, correct, or delete that information from the consumer's
file.
(c) No information may be reinserted in a consumer's file after
having been deleted pursuant to this section unless the person who
furnished the information certifies that the information is accurate.
If any information deleted from a consumer's file is reinserted in
the file, the consumer credit reporting agency shall promptly notify
the consumer of the reinsertion in writing or, if authorized by the
consumer for that purpose, by any other means available to the
consumer credit reporting agency. As part of, or in addition to,
this notice the consumer credit reporting agency shall, within five
business days of reinserting the information, provide the consumer in
writing (1) a statement that the disputed information has been
reinserted, (2) a notice that the agency will provide to the
consumer, within 15 days following a request, the name, address, and
telephone number of any furnisher of information contacted or which
contacted the consumer credit reporting agency in connection with the
reinsertion, (3) the toll-free telephone number of the consumer
credit reporting agency that the consumer can use to obtain this
name, address, and telephone number, and (4) a notice that the
consumer has the right to a reinvestigation of the information
reinserted by the consumer credit reporting agency and to add a
statement to his or her file disputing the accuracy or completeness
of the information.
(d) A consumer credit reporting agency shall provide written
notice to the consumer of the results of any reinvestigation under
this subdivision, within five days of completion of the
reinvestigation. The notice shall include (1) a statement that the
reinvestigation is completed, (2) a consumer credit report that is
based on the consumer's file as that file is revised as a result of
the reinvestigation, (3) a description or indication of any changes
made in the consumer credit report as a result of those revisions to
the consumer's file and a description of any changes made or sought
by the consumer that were not made and an explanation why they were
not made, (4) 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 consumer credit reporting agency, including the name, business
address, and telephone number of any furnisher of information
contacted in connection with that information, (5) 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, (6) a
notice that the consumer has the right to request that the consumer
credit reporting agency furnish notifications under subdivision (h),
(7) a notice that the dispute will remain on file with the agency as
long as the credit information is used, and (8) a statement about the
details of the dispute will be furnished to any recipient as long as
the credit information is retained in the agency's data base. A
consumer credit reporting agency shall provide the notice pursuant to
this subdivision respecting the procedure used to determine the
accuracy and completeness of information, not later than 15 days
after receiving a request from the consumer.
(e) The presence of information in the consumer's file that
contradicts the contention of the consumer shall not, in and of
itself, constitute reasonable grounds for believing the dispute is
frivolous or irrelevant.
(f) If the consumer credit reporting agency determines that the
dispute is frivolous or irrelevant, or if the reinvestigation does
not resolve the dispute, or if the information is reinserted into the
consumer's file pursuant to subdivision (c), the consumer may file a
brief statement setting forth the nature of the dispute. The
consumer credit reporting agency may limit these statements to not
more than 100 words if it provides the consumer with assistance in
writing a clear summary of the dispute.
(g) Whenever a statement of dispute is filed, the consumer credit
reporting agency shall, in any subsequent consumer credit report
containing the information in question, clearly note that the
information is disputed by the consumer and shall include in the
report either the consumer's statement or a clear and accurate
summary thereof.
(h) Following the deletion of information from a consumer's file
pursuant to this section, or following the filing of a statement of
dispute pursuant to subdivision (f), the consumer credit reporting
agency, at the request of the consumer, shall furnish notification
that the item of information has been deleted or that the item of
information is disputed. In the case of disputed information, the
notification shall include the statement or summary of the dispute
filed pursuant to subdivision (f). This notification shall be
furnished to any person designated by the consumer who has, within
two years prior to the deletion or the filing of the dispute,
received a consumer credit report concerning the consumer for
employment purposes, or who has, within 12 months of the deletion or
the filing of the dispute, received a consumer credit report
concerning the consumer for any other purpose, if these consumer
credit reports contained the deleted or disputed information. The
consumer credit reporting agency shall clearly and conspicuously
disclose to the consumer his or her rights to make a request for this
notification. The disclosure shall be made at or prior to the time
the information is deleted pursuant to this section or the consumer's
statement regarding the disputed information is received pursuant to
subdivision (f).
(i) A consumer credit reporting agency shall maintain reasonable
procedures to prevent the reappearance in a consumer's file and in
consumer credit reports of information that has been deleted pursuant
to this section and not reinserted pursuant to subdivision (c).
(j) If the consumer's dispute is resolved by deletion of the
disputed information within three business days, beginning with the
day the consumer credit reporting agency receives notice of the
dispute in accordance with subdivision (a), and provided that
verification thereof is provided to the consumer in writing within
five business days following the deletion, then the consumer credit
reporting agency shall be exempt from requirements for further action
under subdivisions (d), (f), and (g).

 

I will start lookin!

I think I even have all of the notices they sent out when the debits were paid and I was charged the steep fees.

Sometimes it pays to be a pack rat.
I will look for the case on BOFA prioritzing.

3day

 

Follow up-Thanks Jam!

Well a big THANK YOU! goes out to Jam and his/her (which are ya Jam?) help with a letter I sent to CS. As of a few days ago all negative entries on my Chexsystem report have been removed and it is squeaky clean! Squeaky, Squeaky, Squeaky!

Thanks Jam and all of you others who have helped!

3day