Hi, I am new to this forum and I am hoping someone can answer my question - I have looked through the California State Law, the FCRA, and the FDCPA regarding this and each says that a collection agency cannot use deceptive names etc, but can't seem to find definitive proof of what a Local Credit Bureau can and cannot do. This credit bureau is attempting to collect about 5 things on me, although one of the accounts is duplicated in my EQ, EX, and TU reports. I have tried to contact a couple of the OC's and none will deal with me as the account has been "turned over to collections". I'm not quite sure if they buy accounts or what their story is, but they're definately a collection agency. Their name is Credit Bureau of "town". Simple, no reference to collections or anything either. Ok, our local credit bureau is listed under the BBB as: Type-of-Business Classification: Credit Collection Agencies I did obtain a copy of my credit report through their office in October, although they pulled a HARD inquiry on my credit report. I phoned them recently regarding this and no one in the office even knows the difference between a hard and soft inquiry. I want to attack this from an appropriate level, but to be honest I am just not quite sure where to go, who to turn to, and what steps to take. It seems to me that as a collection agency they cannot use "CREDIT BUREAU" as their name, but since they provide credit reports via resale, does this nullify the using of credit bureau in their name? Since I cannot seem to find difinitive answers on what a "credit bureau" can and cannot do, I'm kinda lost. Any help is greatly appreciated. Thank you very much!!
A Collection Agency *CAN NOT* use the name Credit Bureau, or anything similar *UNLESS* they actually operate as a Credit Bureau. If they are in fact a Credit Bureau - and since they provided you a copy of your credit report, that would apply - then they can use the name Credit Bureau in their collections efforts. You will probably find that all the CRA's in some capacity work as collection agencies as well. Other than the name issue, CB/CRA's acting as CA's are still bound by the FCRA/FDCPA.
Thank you for your reply. They simply pull credit reports from equifax that a person can purchase. This also shows up as a hard inquiry on the equifax report - and they do not know the difference between a hard or soft inquiry. As per a quote from a girl in the office today: They simply run reports if a person requests them, but they are primarily a collection agency. They're affiliated with two collection groups (have the framed certification), and are listed in the BBB as a Collection Agency. I can't seem to find the guidelines of what a Credit bureau can and cannot do, specifically =/
so they are a third party furnisher... what specific question are you asking? if they can pull a hard inquiry or if they can use credit bureau in thier name?
The FCRA doesn't have any determination between hard and soft inquiries. It's one of the major reasons that even when a soft inquiry is pulled for a non-PP, that there is a cause of action, even though it doesn't 'damage' the credit report, it still was an impermissible disclosure. Soft inquiries were created by the CRA's to provide the option for the company pulling the report. Q1 - Is the company directly affiliated with Equifax, or are they only a subscriber to Equifax's credit report service? In other words, if you have a dispute with your file (with them), do you send it to them, or do you have to dispute it directly with Equifax. The difference is major. If they are only a subscriber, there is a chance that they may not actually be a Credit Reporting Agency, since the Credit Reporting Agency *MUST* process disputes on the consumers credit files which they service. Currently, (until FACTA kicks in in December) this is established by a Federal Trade Commission settlement with a credit report broker, when FACTA comes into play, it is a firm part of the FCRA, as amended by FACTA. Here is an idea. BUTCH may be able to say if this idea is 'sound', or not -- this would be what I would personally do in this situation. Try disputing (in writing CMRRR - and wait the 30 days + 5 for a response) the *HARD* inquiry that they placed on your Equifax file when they pulled your credit report, through them. Dispute that that inquiry should not be a *HARD* inquiry because it was a Consumer Disclosure. If they tell you that you can't dispute it through them, and you have to go through Equifax, or ignore it completely, then you may have caught them in not *BEING* a CRA. (They can pick and choose which they want to be sued under, the FCRA for refusing to dispute a consumers dispute as a Credit Reporting Agency is required to; or the FDCPA for the false and misleading representation that they are a Credit Reporting Agency, or both. Each one is $1,000.00. i.e. sue for both, and let the judge sort it out.) If they are only a subscriber, there is also the chance that they are not abiding by other provisions of the FCRA, for instance, do they ensure that the people they pull reports for, have a permissible purpose for pulling those reports for the consumers whose reports thay they pull? BUTCH probably will have a better idea of whether or not they 'smell' like a TRUE CRA, and how we may be able to find out once and for all.
I So much for your response! I TRULY value and appreciate it!!! I wonder though, since I got my report and hard pull from them back in October 03, can I still request that they investigate it directly? Although, I guess I should since they are a credit bureau
Jenz moreof if they can use credit bureau as their name, since they do not appear to BE one.. although I am having a difficult time figuring out what exactly constitutes being a credit bureau as such =) Thank you.
I will have to look up the exact settlement with the FTC, but even if they just pull the report, they have to process disputes. In that case, they must forward the dispute to Equifax, but YOU don't want them to *KNOW* that. It just gives you an advantage in the game to know that. And when FACTA goes into effect, the effects of that settlement actually becomes a hard-and-fast part of the FCRA, so as of December there is no questioning of that right. You still want to mail it to them CMRRR, then you have their signature that they actually received the dispute.
I think I found it... I double checked a few times, and yep this is the one. FTC v. First American Real Estate Solutions, LLC (FARES) I just found the FTC letter to them about it -- which is not an INFORMAL opinion letter, but an official binding letter from the FTC. Basically, by furnishing credit reports, they are obligated to comply with 623 of the Fair Credit Reporting Act, including the dispute resolution, process. And most importantly, the data furnishers are required to act upon their disputes, as if they came from the major CRAs. FTC Letter To Respondent http://www.ftc.gov/os/1999/08/faresletterfinal.htm Press Release http://www.ftc.gov/opa/1998/10/credco.htm Complaint http://www.ftc.gov/os/1998/10/9523267cmp.htm Agreement http://www.ftc.gov/os/1998/10/9523267agr.htm Complaint (Again - slightly different, so it was probably amended after the original complaint.) http://www.ftc.gov/os/1999/08/farescmp.htm Order http://www.ftc.gov/os/1999/08/faresorder.htm BTW: if you want a really good laugh, a site I stumbled on while searching, wants you to pay almost $35.00 to view the four complaint & order related web page urls...
You have the right to dispute anything until the day it falls off... In this case, and why I think the dispute I suggested fits perfectly, is that they are not only the report furnisher/CRA, but also the data furnisher. So if they can't process a dispute of their own actions, then they surely can't comply with the requirements of a credit reporting agency in any other aspects as required. And if they do honor the dispute, then find something else on the Equifax report to dispute through them. The key part of the letter to FARES is that as a report furnisher, it doesn't matter if they furnish the report of 1, 2, or 3 CRAs (or more than that even with the other small, or specialty CRAs); they still must comply with the credit reporting agency related functions of the FCRA in their entirity! But you want to slam them with that in front of the judge when you catch them for not disputing, and for falsely representing that they are a true credit reporting agency in their collection duties. Hand them a shovel, and let them dig the hole, if they wear out the shovel, hand them another one, just think of how many shovels $1,000 buys.
Thank you SO Much you have been so incredibly helpful! I truly and greatly appreciate it!! I'm going to be getting that dispute out CMRRR shortly and asking them to notify me in writing of the results, I wonder if I should request that if they do not investigate the dispute, to notify me as why - although that may be a tip-off?
I would play nieve. I wouldn't even say anything about them providing the results via mail, under the FCRA as a CRA, they are required to provide the results in 30 days + 5. Anything more than the simple dispute (which they will probably try to process as a data furnisher, and may decide to just ask Equifax to change the inquiry to a soft inquiry, because it was a consumer disclosure -- if they even decide to do that), and they will probably get tipped off, and look over everything with a fine tooth comb, and possibly stumble on the trap, before they've stepped in it.
B U M P *** ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> Never read the fine print. There ain't no way you're going to like it.
OK, here is the letter I plan to send tomorrow, if anyone can critique it for me and tell me if they think it's OK, that'd be really cool =) Nyte Angel Some Dark Alley Town, State 00000 June 03, 2004 Certified Mail # Credit Bureau of Town, Inc 000 Street Town, State 00000 Dear Credit Bureau of Town, Inc., In October of 2003 I came into your office and purchased my own credit report from the Credit Bureau of Ukiah, Inc. After reviewing a subsequent credit report from Equifax, I have discovered that you are reporting inaccurate and incomplete credit information as a result of purchasing this credit report. I request that the following information needs to be reinvestigated and removed or reclassified as a Soft Inquiry: Inquiries that display to companies (may impact your score) Credit Bureau of town, Inc. Address Town, State 00000 Reason for requested re-investigation: Should not be a hard inquiry because it was a consumer disclosure. Please send me an updated Credit report after it has been corrected. Thank you for your time. Sincerely, Nyte Angel SSN# ***-**-****
Sounds good... You may still want to take out the request for a confirmation copy of the credit report showing the changes, because you're supposed to be totally unsophisticated... Just let them respond however they choose to, no prodding... Then you can trap them as not responding correctly according to the FCRA.
Thank you SO much! The letter went out via CMRRR today, I don't anticpate a lengthy time before they receive it since they're literally about 2 blocks from the post office so I'd say I'd have it delivered next week. I also removed any reference to notifying me when it's complete.. Thank you SO Much. Now begins the wait
Wow this was kinda a pain to find lol - search kept timing out on me. Anyhow, the hard pull has been removed from my credit reports. My green card was signed for on 6/7 - they or Equifax removed the hard inquiry - so I guess I wait until 7/12 to see if the local bureau sends me an updated report. I am wondering if I should chance another hard pull by them and request a copy of my report directly from them so that I can try disputing through them to catch them in their not really being a credit bureau deal.. Thoughts?
Nope, you don't want to do nothing... Just sit on your hands and play dumb... The dumber you play, the dumber they'll be... If you make it too obvious that they've fallen into a trap, then you'll tip your hands... When the trap is snared, and they're long in the bottom of the ditch, which has quicksand in the middle of it, the harder they try to pull themselves out of the ditch, the farther they'll be digging themselves into it. Remember, you are using the double catch 22. Just them investigating and updating it isn't enough, ANY data furnisher can and has to investigate and update the CRA and tell them that the inquiry needs to be softened, or deleted. You need them to prove that they aren't a CRA, and when they try to claim that they are still a CRA to defend themselves from a possible FDCPA suit, you slap them with the FCRA suit for failure to provide the results of the investigation as required of a CRA. Remember, if they want to call themselves a CRA under the FDCPA, they have to comply with all of the rules of a CRA in the FCRA. They just can't pick and choose which rules of both laws that they want to comply with.
