Has anyone filed a lawsuit against any of the CRAs for (i) their failure or refusal to investigate inquiry disputes, and/or (ii) their failure or refusal to respond, or respond adequately, to verification process demands? If so, how did that work? I know Lizardking has had great success suing the CRAs to have negative items deleted from his reports, but I don't recall whether or not he has tried to have inquiries removed by threatening and/or filing a lawsuit. Personally, I am growing real damned tired of getting from the CRAs their non-sensical and non-responsive replies to my inquiry investigation and verification process demand letters. These guys needs to have their asses sued off. I'd appreciate any advice and opinions you all have as to whether the lawsuit route would work with these buggers. If no one has gone down that road yet, I am more than willing to be the first to head that direction.
(i) regarding inquiry disputes. I believe that failure to even investigate is WILLFUL noncompliance while most other offenses seems to get placed in the "negligent noncompliance" category. If they are unwilling to dispute (or if they come back verified) as far as I know, there is no place to put a consumer statement directly next to the inquiries stating that they're still in dispute by the consumer but the CRA is refusing to cooperate. It's a computer glitch in the system. The CRAS know these hurt our FICO scores and yet place the burden on us to get the creditor to remove. Look at the FCRA definition of "file". It's everything. (ii) Yes, failure to detail the process is a FCRA violation. That one is pretty clear and easy. I agree. They need to be held accountable. I am including the inquiry issue in my lawsuit, but I am going to guess that I'll settle for deletions and not money. We'll see. I am NOT sending a letter dropping it just for deletions. Curious as to what their first offer is going to be with me.
Marie, thanks for the information. I think I am going to go on the attack based on what you have said. I think that this time I will use my law firm's letterhead on the next letter to the CRA's. In my past communications to the CRAs, I have been hesitant to reveal that I am a lawyer, but I think I am now pissed-off enough to press them with everything I have. I personally have been abused enough by these bast*rds. Let's be sure to keep everyone informed as to what happens with our cases. And thank you for all of the information you provide on this board - I have found it to be very factual, on-point, and useful. You are a good contributor!
Please do, chriscraft. I am considering this also, as soon as my attorney gets something else of mine done. Any suggestions on how to keep him moving in the right direction? LOL That's not fair, shame on me. I just got my copy of the court filing today. The case has been going on since December. I "spam" him via fax, LOL. Gets me past the secretaries. breeze
