Spoke to customer relations this morning asking why my disputed account(s) was/were not marked "in dispute" on my report during the reinvestigation period. EFX claims that their attorneys perceive FCRA Section 611 (8)(c) does not apply to them and they are not required to mark any disputed consumer account as "in dispute", rather it is up the consumer to request that the CRA mark the account in dispute via the 100 word statement. What the hell? Has anyone else heard of this? Any way to circumvent this response in order to force deletions? I'd like to hear if anyone has had any experience with this. Thanks Unruly
the FRCA clearly states that they have to. It doesn't say all CRA's except EFX. They are lying to you. It won't be the first or last time.
I just had a huge fight with EQ and they folded. It took 45 min but they folded. Just keep asking to talk to a supervisor until you find one that will listen. Make sure you have the FRCA right in front of you when you call. Quote `the exact passages to them where it says they have to mark the item "in-dispute".
I sat down and read the FCRA this evening. I do not see anywhere in the document that the CRA is required to mark an item "in-dispute" during their investigation. Perhaps I am missing something or have over-read? Can someone shed some light on the subject? Thanks Unruly
I sat down and read the FCRA this evening. I do not see anywhere in the document that the CRA is required to mark an item "in-dispute" during their investigation. Section 605 (f) states that if you dispute an account with a CA or OC, that they must notify the CRA that the account is disputed and the CRA must report it as such. Section 611 (8)(c) states that a CRA must report a 100 word consumer statement if one is provided to the CRA by the consumer. Perhaps I am missing something or have over-read? Can someone shed some light on the subject? Thanks Unruly
Section 605 (f) states that if you dispute an account with a CA or OC, that they must notify the CRA that the account is disputed and the CRA must report it as such. right there "CRA must report it as such."
Yes, if you dispute it with the OC or CA., the CRA must mark it as "in dispute". If you dispute a tradeline or collection directly with the CRA, they do not appear to be required to add "in dispute". Unruly
AJ - thats exactly what the poster is talking about. Your dispute through the CRA does not seem to meet the rquirments for the CRA to report it as in dispute. Only a dispute filed per 623 needs listed as such, which is a dispute reported to the CRA from the furnisher, not the consumer. And the "statement of dispute", ie the 100 word statement... I never noticed this before... disturbed that I'd miss something like this.
Wow!!!! Many of us are so uninformed. After reading that it appears that is correct. They DO NOT have to mark the account as in dispute. The furnisher does but then the FCRA doesnt allow satutory damages to the damaged party. THEY (FTC) have to come after them!!
Ok after being set straight read this.... 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 and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer. To me it says they MUST mark the account regardless. i suppose if they want to go to court they can choose to spend $$$ to let a judge interpret that for us and them!
here's something you like - some case law that says otherwise caselaw.lp.findlaw.com/data2/circs/9th/0015946p.pdf
hmmm, i believe you have it there. as I believe the current status of the disputed information would be just that - consumer disputes.
I don't see any where in Section 611 or any where in the entire FCRA that the CRA must make a TL or other "in dispute" upon receipt of a dispute from a consumer. Unruly
Re: Re: EFX not req'd to mark "in dispute" what is the "current status" after receiving your dispute and before they get their results? something to the effect of "consumer disputes, investigation in progress"... or maybe that section just means they either delete or update w/in 30 days... if so, that still means they are not reporting the accurate status during the dispute. anyone else have any ideas here?
and record the current status of the disputed information ________________________________________________ Read that over. Maybe it doesnt say that maybe it does. But will the CRA take the chance of letting a judge decide?
Re: Re: Re: EFX not req'd to mark "in dispute" After reading the entire paragraph "...the agency shall reinvestigate free of charge AND record the current status of the disputed information, OR delete the item from the file in accordance ..." IMHO and the way I believe Experian's crack team of attorneys are interpreting this is that ... they are required to reinvestigate and record their findings of the disputed information OR delete the file if they cannot complete the reinvestigation within 30 days of receipt of the dispute. They seem to be sticking to their guns on this one. Surely with all of the people out there claiming to be suing CRA's for not putting things into dispute, the peanut gallery seems to be quiet on this issue. Surely someone has experienced this from the CRA's first hand, particularly Experian? Unruly
Re: Re: Re: EFX not req'd to mark "in dispute" unruly I understand what you are saying but I keep reading this.................. (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 and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer. and the way I read it, they are supposed to record the current status. Anyway it is just an interpertation by EXP lawyeres but he biggest CRA EQ always marks when I dispute. Why? I think their lawyers might believe otherwise. Again its up to exp to decide if they feel strongly enough to take this to court. BTW it was exp that told me that I needed an attorney to get a procedural investigation. Instead they sent me a generic form letter when I requested this. Just waiting for 15 days to elapse and I will set the dogs on them.. I dont think their attorneys are providing sound advice.
Re: Re: Re: EFX not req'd to mark "in dispute" They seem to be sticking to their guns on this one. Surely with all of the people out there claiming to be suing CRA's for not putting things into dispute, the peanut gallery seems to be quiet on this issue. ------------------------------------------------------- Also after 100+ views of this thread, I too am wondering why is it so quiet.
