An old mortgage is being reported incorrectly on my credit report. They said they would fax over the information to me to fix it but want to charge me fees to fax it. I know that falsely reporting information is against the FCRA but I cannot find the statute. Would anyone happen to know it and if so can you please paste it here. thanks
§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a) Duty of furnishers of information to provide accurate information. (1) Prohibition. (A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. (B) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and (ii) the information is, in fact, inaccurate. (3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.
They said they would fax over the information to me to fix it but want to charge me fees to fax it. ____________ Isn't this illegal too? Is this the OC or CA asking you for money?
I would remind them of what happened to Chase Manhattan when they ran into a buzzsaw called Nelson v Chase Manhattan. Run a search on the case name both here and on Google-- it's an eye opener. If you want to build a paper trail, you may even want to apply for something specifically for the purpose of getting turned down due to their erroneous reporting. That gives you demonstrable damages and puts them in a very bad position. You also need to have disputed through the CRA's before you can sue. Just depends on how far you want to go with this. FCRA Link: http://www.ftc.gov/os/statutes/fcrajump.htm Nelson v Chase Manhattan links: http://www.cdiaonline.org/docs/nmchaseruling.pdf http://www.naca.net/images/may02.pdf
Update: They said they would 'try' and fax over the info today that was listed incorrectly. We are ready to move on a home we love and I told him today is fine but tomorrow is not. They are not gonna charge me anything and I did not have to use threats or quote the FCRA which is good. I was on hold for 45 minutes and transferred 7 times all over the country however which sucked.
