Experian has blocked my access to my credit report after I sued them. I remember reading somewhere that this was a big no-no and that there's some case law to support. Can anyone help?
Yes, I'm suing in small claims (Texas). Oddly, I've been in negotiation settlements with Experian's counsel ever since the filing of the suit and it's been almost downright friendly. I tried to access my credit file today and that's when I discovered the block.
Well, Here's your problem. 1) It is a violation to block you from your report. However, before the assertion of the charge could do you the most good, you'd need to dismiss from SC and refile in Federal Court, and demand a Jury Trial. You'd probably decide it's not worth it. You might check your SC rules to see if you can ammend your complaint to include this one but, I doubt a SC "judge" would think it's a big deal. These guy's ain't too bright. But YES - IT'S A VIOLATION!! lol .
Actually, the particular judge in my jurisdiction is a sharp character, so perhaps I will consider amending the complaint. My specific question, though (Butch, or any legally sage folk), is: what legal precedent or case law is there to support the notion that withholding access to my file is illegal while my suit is pending?
I believe there's caselaw that precludes running a CR for litigation purposes. Could be that Exp is blocking access to the CR for litigation purposes, meanwhile purposely sticking it to you.
I just had a very amusing ten minutes. I called Experian and demanded to know why my report had been blocked, and was given over to someone named "Carla Blair" who handles files of customers who have filed small claims cases. I gave her a tongue-lashing and reminded her it was illegal to withhold access to my report, and she got all sassy and said all I could do was call Experian's attorney. I told her I was putting her on notice that I would subpoena her to testify about how Experian had an institutionalized illegal policy and then she hung up on me. Literally four minutes later my phone rings and it's Experian's lawyer apologizing and offering to fax me my report immediately, and promising to get back to me by the end of the week regarding settling my original FCRA suit. Love it!
If you don't mind us knowing, what was the original basis for the suit? I am in TX too and these guys are idiots at EVILEQ. They have CSC servicing most of their stuff for my region and I have them on several issues but have not yet filed my suit as I am sorting it all out.
I have been blocked online access for both disputing and receiving my CR. The CRA has apparently not blocked all access since I was able to receive a complete trimerge (all 3 CRAs) from TU. Being blocked online is definitely a hassle, as they are making it difficult for me to receive my CR the same day that I request it. It does me no good to receive it in the mail if I need the information immediately. However, I still need to establish whether or not they will send me a same-day, electronic report if I request it by telephone...if they won't, then I believe they are definitely violating the FCRA. FCRA 609 says that every CRA shall, upon request, clearly and accurately disclose to the consumer all information in the consumer's file at the time of the request. The CRA has already established that consumers can receive their CR through online access. My position is that I made my request on xxx dates by using the CRA's established online procedure and was denied access to my credit information. This should count as an additional cause of action against the CRA. FCRA 610(b)(2) says that a consumer may specify that disclosures under section 609 shall be made (C) by electronic means, if available from the agency; or (D) by any other reasonable means that is available from the agency. My strategy is to write the CRA a letter requesting that they remove the block so that I can resume receiving my CR online. If they refuse to do so, then let them explain to a judge why they willfully chose to violate 609 & 610. David Szwak posted the following message on 1-6-03: I forgot to mention the unreported ruling we received in L.A. Thompson v. Equifax, MD, Ala, federal court, where the court found it to violate the FCRA if the CRA posts a message to a subscriber that plaintiff's credit file is unavailable and under review, etc., simply because they took it offline to spite plaintiff since he filed suit. Equifax still does this despite the ruling so I add it as a Count/claim. They would rather take you offline if you sue them than to fix the errors and reasonably believe that they can fix it. The Opinion previously reported at this Citation has been Removed from the LEXIS Service at the Request of the Court July 15, 2002. Therefore, I have been unable to obtain a copy of the Opinion to reference as case law.
Re: CRA blocks report access when s The basis of the suit is an all-too-familiar one: Experian verified an account that was obviously inaccurate (the account was listes as open/current AND charged off-- LOL), then refused to reinvestigate even when I had relevant new information to provide.
Re: CRA blocks report access when s It seems retaliatory and vindictive, which is characteristic of EXP. You can always amend your complaint or file a separate claim for this. I sued them in federal and they kept my online report available, however, several positive tradelines "disappeared" from my report about 7 months or so into the suit. It's always nice to hear about someone suing EXP, they really deserve it.
Re: Re: CRA blocks report access when s Whatcha doin about that Cinderella? I have some great info. since I bought the NCLC stuff.
Re: Re: CRA blocks report access when s Hi Butch... I did complain to Exp's counsel there would be no settlement of any kind with the missing TL's. I really made quite a fuss about it. I stopped discussing settlement with them, and about a month later, all but one of the tradelines re-appeared. The one that never re-appeared, the oldest TL, I don't think belonged to me anyways (dh), it was a mix-up of his dad's who has dh's same name. But I think EXP caught this and refused to put it back on and since it wasn't our account to begin with (I think), nothing I can do:< If you find ever find anything about Cali law for non-pp's with NCLC, that would be GREAT! I have gone through all the credit sites and haven't found one template or any details (other than posters opinions) on this. It's funny, cuz' I know some people have sued in state court, but they never give the details. Bunch of stuff available for federal non-pp's and templates for fed. suits, but none for Cali law, which is at $2500 a pull. There needs to be a litigious credit guru who resides in Cali, so the rest of can just copy their complaints. I sued in small claims for non-pp under Cali law against a creditor and settled, but I really want to sue in Cali state court against American Agencies.
