Experian Strikes Again

Had results due today, and finally got notice of results. My two Foleys accounts were still "pending". I called. This is the latest and greatest I've heard:

"We received your results back on the 20th, but we have been unable to get our computers to take the information. We have another 8-10 days before this will be resolved".

My ITS will ask them where in the FCRA does it allow them an extra 2 weeks for computer problems?

Grrrrrrrr

 

Well, in the TX FCRA there is something like that, but there is nothing in the Fed statute.

 

I'm thinking of faxing them an ITS letter this afternoon for $2,000 (two separate Foleys accts).

What do you think?

 

This is pretty much the Suzy Sucka$$ ITS letter, please advise if I have forgotten something:

Experian
P O Box 9595
Allen, TX 75013

File No. aaaabc
Social Security No. xxxxxxxxx

NOTICE OF Intent to FILE LAWSUIT

To Whom It May Concern:

This Letter shall serve as formal notice of my Intent to file a lawsuit against your company, due to your blatant and objectionable disregard of the law.

On January 9, 2003, you received a dispute on two accounts appearing on my credit report, Foleys Acct. No. Rxxxxx and Foleys Acct No. Ixxxxx.

On February 10, 2003, I received notice via e-mail that my results investigations were available for online viewing. When I pulled up the results Foleys status was indicated as â??Pendingâ?. Experian was already two days past the statutory time frame for investigations.

Upon contacting your offices, I was informed that the updates from Foleys were received on the 20th, however due to a computer glitch, Experian has been unable to input them. I was then informed, that even though for the past three weeks you have been unable to input them, you have another 10 days to resolve this issue.

The FCRA is very clear on this matter. You have thirty days from the date of receipt to reinvestigate and record the current status of the disputed information, or delete the item from the file. There are no allowances for computer glitches, or any other internal problems in your company. I am sure you are aware of this section, however I have reproduced it below for your benefit:

§ 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.




Following are the possible consequences for violating the Fair Credit Reporting Act:

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]
(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1)(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or

(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;

(2) such amount of punitive damages as the court may allow; and

(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

Please be aware if these accounts are not deleted by February 11, 2003, I will be filing a lawsuit for multiple violations of the Fair Credit Reporting, and will be seeking civil liability in the amount of $1000 per violation. Please also be aware I will file a formal complaint with the Federal Trade Commission, The Texas State Attorney General and the Better Business Bureau.

Your immediate attention to this matter is required.


jlynn