Re: Re: Four violations by Equifax? Well, let see what FCRA says ... [color=0066FF]FCRA § 611. Procedure in case of disputed accuracy (a) (1) (A) In general. [/color]If the completeness or accuracy of any item of information contained in a consumer's file[color=0066FF] at a consumer reporting agency [/color]is disputed by the consumer[color=0066FF] and the consumer notifies the agency directly of such dispute, [/color]the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file[color=0066FF] in accordance with paragraph (5), [/color]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[color=0066FF].[/color] So, before the end of the 30-day period all changes must be done or the TL must be deleted. Counting from the date they receive the dispute, i.e., the date they signed for it. Not 31-days period, not one month, not 30 business days. [color=0066FF](a) (6) (A) In general. [/color]A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation[color=0066FF] under this subsection [/color]not later than 5 business days after the completion of the reinvestigation[color=0066FF], by mail or, if authorized by the consumer for that purpose, by other means available to the agency. [/color] So, 5 days after they complete the reinvestigation, they must notify the consumer about the results. Meaning - even if you are not notified on the second day, the changes must have already taken place. So, my questions to you, greenvan, are: 1. Did they send you an updated report pursuant to § 611 (a)(6)(B)(ii)? 2. What is the status of the disputed items in this report? 3. In your first post you say they did not delete items A and B, in your second post you say they deleted items A and B, so I'm confused ... You are soooo wrong about it ... but that's a totally different topic. Wrong again, greenvan ... [color=0066FF]FCRA § 605. Requirements relating to information contained in consumer reports (f) Indication of dispute by consumer. [/color]If a consumer reporting agency is notified[color=0066FF] pursuant to section 623(a)(3) [§ 1681s-2] [/color]that information regarding a consumer who was furnished to the agency is disputed by the consumer[color=0066FF], [/color]the agency shall indicate that fact in each consumer report that includes the disputed information. They are notified on the date they signed the GC, so, believe it or not, they must provide a notice of dispute with each report afterwards. As a matter of fact, the idea of this notice is to be there exactly these 30 days, because after that the TL must be updated, or deleted ... HTH
Re: Re: Re: Four violations by Equifax? OUCH! I'm being challenged for statements that I posted over a year ago! Oh well, there are some interesting points to consider here, so I'll jump in. I agree with you 100%. 1. Yes. 2. ITEM A: Deleted; ITEM B: Deleted; ITEM C: Verified; ITEM D: Updated & Corrected 3. They still had not deleted ITEMS A & B on Day #34, but did finally delete them on Day #35. quote: -------------------------------------------------------------------------------- I paid $9 for this report, and it is the same report that any merchant or creditor would have seen if they had pulled my consumer credit report on that date. -------------------------------------------------------------------------------- The point I was trying to make is that if my CR still showed ITEMS A & B on Day #34, then a lender's CR (if also pulled on Day #34) would likely have also shown this same incorrect information. I realize that a consumer's CR and a lender's CR may be somewhat different, particularly since FCRA 605(b) allows additional information to be displayed for credit or insurance transactions exceeding $150,000. However, FCRA 609(a)(1) says that the CRA must disclose to the consumer "all information in the consumer's file at the time of the request." So, if the lender is getting substantially different information in his report than I am getting in mine (other than per 605(b)), that sounds like a violation of 609(a)(1) to me. quote: -------------------------------------------------------------------------------- Originally posted by tmpd11298 are the disputed items supposed to state on the report "being disputed "during the 30 days Originally posted by greenvan I don't believe the CRA is required to do that, although some have apparently elected to do it on their own. -------------------------------------------------------------------------------- If that were the case, then Trans Union would be in automatic violation on every single dispute because in my experience they NEVER report items as being in dispute during the 30-day investigation period! Their system is apparently too antiquated to accomplish that. However, if you read 605(f) closely you will notice that it specifically refers to the CRA being notified pursuant to section 623(a)(3) that information is disputed by the consumer. Section 623(a)(3) deals with the situation where a consumer notifies the "furnisher of information" that an item is disputed. So, IF a consumer notifies the furnisher of information that an item is disputed, and IF the CRA receives notice FROM the furnisher that the information is disputed, then the CRA MUST per 605(f) indicate that fact in every consumer report that contains the disputed information. It would be nice to think that the FCRA also requires the CRA to report the item as being disputed within the 30-day investigation period itself, but I don't believe that is the case. I believe the only argument we have is that 611(a)(1)(A) requires the CRA to "record the current status of the disputed information." You might therefore argue that the current status of the disputed information is of course "disputed" during the 30-day investigation period, but to me this is a weak argument and doesn't conform to the real intent of 611(a)(1)(A). I think the real intent of this section is that the CRA has a choice of either updating the current status of the disputed information or deleting it, and has the full 30 days to decide which action to take. Anyway, that's my take on it. Until I see case law that says a CRA must report items as being in dispute "during the 30-day investigation period" I wouldn't stake the farm on it. If such case law is out there, then Trans Union is in a heap of trouble!
Re: Re: Re: Re: Four violations by Equifax? You know what ... you got me there! I hate to admit it, but you're right ...
