FCNB is reporting a paid charge off to two CRAs under two different account numbers. I've tried several times to go the CRA route, but the info keeps coming back verified. Last month I called FCNB to find out what the REAL account number is. The CSR took down my info and said the account information would be mailed to me within 30 days. Well time is up TODAY! Additionally, I sent them a validation letter which they signed for on 02/10/03, but I know they are under no obligation to validate because they are the OC, but damn it, I want proof! It's one thing if I mess up my credit, but it infuriates me that they are reporting incorrect and derogatory information and supposedly verifying it for the CRAs to boot! Is there something in FCRA that applies to this? Thanx! Lisa
The CRA's scramble the numbers for "security purposes". That may be why it is reporting under two different account numbers.
§ 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.
Maybe you should clarify. Is one CRA reporting one number, and another CRA reporting the same account under a different number?
I don't want to be a naysayer, but you need to realize you can't sue the OC under this section: (d) Limitation on enforcement. Subsection (a) shall be enforced exclusively under section 621 [§ 1681s] by the Federal agencies and officials and the State officials identified in that section.
What are my options? Those dirty dogs at FCNB are reporting two different account numbers to two different CRAs. I know this because I have seen both account numbers in their entirety and they're not just scrambled - they are completely different numbers, yet they report the same date open, date closed, amount, etc. Help!
You have to look to part b of that same section: (b) Duties of furnishers of information upon notice of dispute. (1) In general. After receiving notice pursuant to section 611(a)(2) [§ 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall (A) conduct an investigation with respect to the disputed information; (B) review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2) [§ 1681i]; (C) report the results of the investigation to the consumer reporting agency; and (D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis. (2) Deadline. A person shall complete all investigations, reviews, and reports required under paragraph (1) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 611(a)(1) [§ 1681i] within which the consumer reporting agency is required to complete actions required by that section regarding that information. I just sent an ITS to Foleys yesterday. They updated on all reports but one TL with Experian (I really think its the Evil Experian's fault), but thats not my problem. Thats Foleys problem with Experian. LOL
Wrong. You can sue them. Read Nelson v. Chase Manhattan Mtg. in the United States Court of Appeals for the 9th Circuit. It was also reaffirmed in another recent court case although I can't rember which one. While the FCRA says you can't sue, case law says you can.
