I met an attorney from a high powered lawfirm in DC that only does class action lawsuits. I told him about the problems we have here with the FCRA and inquiries, and he wants to meet with me next week concerning the CRA's lack of validating them. So keep those responses from TU et al saying that they do not validate inquiries, to contact the creditor. He said he needs to see if this is an "actionable" item (I think that is what he said) but from what I told him he seemed very interested. Also he seemed interested that we had a group of approx 3000 members where I could get 100 or so parties almost instantly. Go CreditNet! I will keep you all informed. If anyone else has class action type ideas for me to bring to the table let me know and I will bring a list. -Peace, Dave
Count me in I have letters from both TU and Experian stating that it is their policy not to investigate inquiries. I don't know if I will be able to use the Experian one since I am incorporating it into my current lawsuit, which means if it settles, I won't be able to sue over the same issue with them. Kewl, Dave! L
How about a class action for negligent incompetence on the part of the three CRA's, e.g. dropping items when we diputed something totally unrelated, esp. good credit lines, furnishing our credit info. to questionable businesses for telemarketing purposes, and lack of an industry-wide standard for verification of disputes, or for that matter a company wide standard that is adhered to.
I'm with mfactor..... I think I might have posted this but when I showed up to court on May 14 after the judge made her decision the representatives of TU and EQ gave me a revised copy of my report. Keep in mind that they PERSONALLY worked on validating the information on my report and they were ready to explain to the judge exactly what they had done. Each report contained no less than 4 errors each. Both had my birthdate wrong,. Both had addresses that weren't mine. Both had names that I've never used (I've only used my name, ever). TU had a thrity day late on a NetFirst account for the month of March. As all of you know NetFirst was seized by the FDIC in February.... no possible way to be 30 days late in March....and I have the letter from the FDIC. I'm in, I'll travel, I'll speak, I'll do whatever it takes to help stop the greatest fraud ever committed upon consumers in this county. Caseyb
Absolutely! Count me in! Anyone can pull an inquiry anytime and no one checks to see if they have permissible purpose or our permission.
§ 603. Definitions; rules of construction (g) The term "file," when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. note, that was "ALL" of the information. § 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 .... note, that was "ANY" item of information. Failure to investigate is clearly actionable. A class action suit for INQs -- the letters = very clear wilful noncompliance, thus every VIOLATION (every INQ disputed for every consumer) is $100 to $1000 in statutory damages regardless of actual damage. ADD to that punitives. That's one hell of a class action suit. And would get attention.
Ok so far I have: 1) Inquiries (which count against you and your score) NOT verified by the CRA. 2) CRA's delete positive trade listings that you did NOT dispute, in what can only be described as a means to screw the disputer thus discouraging future disputes. 3) Scores! The creditors see 1 score, they SELL us another score, and no 2 scoring systems are the same...nor can the consumer EVER seem to get the same score as the creditor. 4) Blatant errors after disputing. (related to #2) After you dispute an item, they update it (apparently conforming to the FCRA) yet will add other "errors" to, (again) what can only be described as a means to screw the disputer thus discouraging future disputes. Keep them coming...I want to have enough ideas to bring to the table so that the ammo is more than actionable...it is lethal I intend to set up a meeting this coming week (depending on our schedules I hope to meet Wed or Thu). -Peace, Dave
How about when you dispute something like an incorrect balance. Instead of correcting it as they shoud, they completely delete the tradeline. Sort of goes with one of the others. And, how about when an item is disputed, then deleted and 2 months later is reinserted. They sometimes do/sometimes don't notify you, and, they are required per the FCRA to have "certified" the info as correct before it can be re-reported, but do they? NO!!! I have not disputed any inquiries with Equifax or TU, but I will this week. Providian, pulled a hard inquiry on 5/11 and I have no dealings with them and haven't and wouldn't apply for their cards. When I get the refuse to investigate letter, you can count me in then. LOL PS - good luck with atty. Make us proud.
PERFECT!!! I forgot that one..."no notification of re-insertion". I have not seen anyone get ONE yet, have you? The first item you mention is a slight add on to #1 and #4 but I get what you mean and will add that too. Thanks LKH, I will add these to the list...keep em coming. -Peace, Dave
How about refusing to dispute items after 1 dispute. I have tradelines that never update unless I dispute them. My car loan on there had NEVER updated since the initial report, so I disputed it last october. That's the last time that account was updated. I tired to dispute again last week to force an update, and they responded that the item had already been disputed. I faxed them a copy of my current statement from the loan company, showing current balance - no response.
When I was doing my credit repair, I unfortunately was the recipient (sp) of 2 notices of reinsertions. However, in the end, as usual, I won. haha
