CRA, the FCRA and disclosing procedures...

Discussion in 'Credit Talk' started by mindcrime, Jan 8, 2013.

  1. mindcrime

    mindcrime Well-Known Member

    What section of FCRA refers to CRA having to disclosure procedure used in verifying account? Sample LTR just says "I insist you comply with the law by providing the requested information within the 15 days allowed. "
     
  2. jam237

    jam237 Well-Known Member

    Unfortunately, the procedure is the quick default general answer as to how the procedure goes. It doesn't require them to provide the exact specifics, as "we contacted DSDA Collections, and D. S. replied that they were reporting correctly."

    611(a)(6)(b)(iii) - the notice that you can request the procedure
    611(a)(7) - the procedure itself

    (hint: it's almost identical to the information provided in the verification results.)
     
  3. mindcrime

    mindcrime Well-Known Member

    Thank you Jam.

    Well, this should be interesting to see what kind of response I get.

    What I do know is that there's no way this CRA verified this account. The OC doesn't know who I am and wanted everything but my first born handed over to them so they can 'complete my dispute'.
     
  4. jam237

    jam237 Well-Known Member

    The CRA doesn't verify.

    The Data Furnisher is asked to verify the account, by the CRA. Did the DF put in writing that we don't know who you are? (If yes, I would send a copy of the letter to the CRA with a demand for immediate deletion.)

    This is why if you are suing a CRA for violating the FCRA in handling a dispute, you want to include the DF, because the CRA can simply say "We didn't verify, we relied on the Data Furnisher to verify, because we don't have access to the Data Furnisher's records." And if you don't have the DF included then you need to go through re-filing another suit, or amending the suit to add the DF, or motion for joining the DF into the suit; but if the case was dismissed against the CRA, then you wouldn't be able to sue the CRA, and the DF could say that "We gave the CRA the right information, it's their fault."
     

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