Gotta Leave so please answer quick

Discussion in 'Credit Talk' started by robin, Aug 9, 2002.

  1. robin

    robin Well-Known Member

    I sent validation letters to some original creditors because there were no collection agencies to contact. I know they are not required to validate(and they didn't) just sent it to see what information I could get from them. My question: Even though original creditors are not required to validate(send proof) are they required to mark the account as in dispute on the credit report once they receive the validation letter? Please site the case law. I need a quick answer because I have to leave. Thanks.
     
  2. Quixote

    Quixote Well-Known Member

    Sorry it's not cleaner, but you said you were in a hurry. I boldfaced the most important section:

    Ã? 623 15 U.S.C. 1681s-2
    15 U.S.C. 1681s-2
    48
    Ã?623. Responsibilities of furnishers of information
    to consumer reporting agencies
    (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.
    (C) No address requirement. A person who clearly and conspicuously
    specifies to the consumer an address for notices
    referred to in subparagraph (B) shall not be subject to subparagraph
    (A); however, nothing in subparagraph (B) shall
    require a person to specify such an address.
    (2) Duty to correct and update information. A person who
    (A) regularly and in the ordinary course of business furnishes
    information to one or more consumer reporting agencies
    about the personís transactions or experiences with any consumer;
    and
    (B) has furnished to a consumer reporting agency information
    that the person determines is not complete or accurate,
    shall promptly notify the consumer reporting agency of that
    determination and provide to the agency any corrections tothat information, or any additional information, that is necessary
    to make the information provided by the person to
    the agency complete and accurate, and shall not thereafter
    furnish to the agency any of the information that remains
    not complete or accurate.
    (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.
     
  3. robin

    robin Well-Known Member

    Q:

    Please excuse my ignorance but does that mean that yes the original creditor must mark the account in dispute even though they are not legally required to answer the validation letter? I just want to be crystal clear because I am using this as ammo for a deletion or lawsuit.
     
  4. Quixote

    Quixote Well-Known Member

    As I understand it, and the way I'm using it against Macy's is that once you have provably notified them, and then you dispute throught the CRA and they send it back "verified" with no notice that the consumer disputes the listing, they're toast. Read the thread I've got going on a very similar subject.
     
  5. Nave

    Nave Well-Known Member

    Yes but I read that to mean the NEXT time they report the information to the CRA (LKH and I differ here - did you contact the FTC yet on this LKH?)...Therefore I think you need to dispute this now with the CRA so that the information provider has to provide the information again to the CRA, THEN the "in-dispute" marking MUST accompany their verification response.

    The way I read that section, the OC is not required to update the information as "in-dispute" but they do have to include the "in-dispute" status the next time they provide any information about this account to the CRA.

    -Peace, Dave

    PS - ...slow down Robin, are you running out the door to file suit now??? :)) LOL
     
  6. Nave

    Nave Well-Known Member

    Ok Tom, that is the way I understand it too.

    -Peace, Dave
     
  7. robin

    robin Well-Known Member

    Great then I think i have capital one on a violation. They did not mark the account in dispute. Sent them a letter on March 11, 2002. Never received a response (they don't have to) but they verified with experian that the account was mine on July 2.
     

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