Ok I sued experian basically on 3 counts and I lost 2 of those counts which dealt with how experian verified information. One of the counts is now irrelevant as it has been deleted by the CA and the other one dealt with documentation and reinsertion. Are you ready for the count I won on. Drum roll please- INQUIRIES. Yes, their failure to investigate inquiries. The courts here found that experian was in violation of the fcra for their refulsal to investigate inquiries. "However, concerning plaintiff's request to have defendant investigate the credit inquiries on his wife's credit report, it is the opinion of the magistrate that defendant has failed to investigate same as required under the fair credit reporting act. Specifically, it is the opinion of the magistrate that section 611 of the fair credit reporting act mandate that a credit reporting agency investigate any disputed complaint made by a consumer about information contained in his or her credit report. IT is the opinion of the magistrate that this mandate includes the investigation of both soft and hard inquiries if defendant is requested to do so by a consumer. In the instant case, it is undisputed per Ms. Blairs own testimony that defendant did not investigate the credit inquiries on plaintiff's wifes credit report per plaintiff request. As such, it is the opinion of the magistrate that defendant has breached its mandatory obligation under section 611 of the fair credit reporting act and plaintiff is entitled to recover damages in the amount of $1000. Wherefore, base upon the testimony and evidence presented it is the recommendation ofthe magistrate that the plaintiffs be granted a judgement against the defendant, experian information systems, in the amount of $1000, plus court costs together with interest at the statutory rate of 10% from the date of judgement.
Woo Hoo, scan the check and post it on the internet!!!! What was the issue on reinsertion, and why did they rule against you? Did you sue Experian in Texas? Look at this part of TX law--don't know if it applies in your case, but I like it: c) In addition to liability imposed under Subsection (a), a consumer reporting agency that does not correct a consumer's file and consumer report before the 10th day after the date on which a judgment is entered against the agency because of inaccurate information contained in a consumer's file is also liable for $1,000 a day until the inaccuracy is corrected. http://www.occc.state.tx.us/pages/Legal/Laws/Laws_01.htm#business (Chap. 20.09 near very bottom of page)
I sued in ohio. Remember the judge still has to sign off on this so I am not sure if it is official yet. Experian gets their appeal and since this is about inquiries they have no choice but to do so. They know I will scan and post the documents for everyone to use. hahahaha. I wanted to win the inquiries. The whole reason they would not settle for no cash dealt with inquiries. It will cost them millions once everyone sues them. hahahaha. The reinsertion dealt with a deleted tradeline that was put back. Unfortunately I lost the paper from experian showing the deletion. I was able to show 3 credit reports with the middle one missing the tradeline but I guess that was not enough. Blair just told the magistrate that CAs delete tradelines all the time for maintenance and that was all it was. What a liar.
Ahhh...very nice, EXP losing on the basis for failing to investigate inquiries, in small claims no less, where it is a crapshoot with the magistrates and their knowledge of FCRA. I have a pending federal complaint against The EVIL EXP for the same thing....failing to investigate inquiries. Aggressive CA mixed up (at least initially) dh and dad, and pretty much relentlessly pursued us for the debt. After failing to work out it out with the CA (who became very hostile and rude on the phone), I asked for help with the CRA's that the CA had used in connection with reporting or pulling inquiries on us. EQ forced CA to delete. I explained to EXP they were harassing us for a debt not ours, which I believe CA knew was not ours, and to please investigate the legitamacy of the inquiry for CA, as they have NO PERMISSIBLE PURPOSE. Well, EXP just did nothing, sending a letter for refusal to investigate. But, it gets better, because I later discover CA had placed a HIDDEN FILE on EXP report. The CA continued to call me and DH everyday for the debt by automated messages for about 9 months, of course, the calls miracously stopped within three weeks of the federal complaint. CA can harass a consumer and the CRA has no obligation to protect the consumer, however, once the CA accesses' a consumers credit report, a liability is created on that CRA by means of the FCRA to protect that consumer. EXP should have investigated the inquiry of the CA once I complained of harassment.
