Need help responding to Sears RE:AU

Discussion in 'Credit Talk' started by Gillian, Jun 22, 2002.

  1. Gillian

    Gillian Well-Known Member

    I contacted Sears asking them to delete my CC account off my husband's account. He is an authorized user and they are reporting on his reports as well as mine. Here is a portion of what they wrote back:

    "However, please be advised that due to federal regulations, namely the Fair Credit Reporting Act, we are required to report the account history information on both the cardholder and any authorized users. The only way, legally, this information can be removed from the authorized users credit report is if the authorized user is not a spouse."

    I am off to search for how to respond to this, but I figured that many people here would know exactly what I should say. I would REALLY appreciate any feedback!!!

    G
     
  2. Melvina G

    Melvina G Active Member

    I am authorized on my husband's. It is on my report as well. When Sears started reporting on mine they included any derogs prior to my being an authorized user. I disputed and they removed. It wasn't that easy. The second dispute I had to type slowly so they would understand - haha.
     
  3. Gillian

    Gillian Well-Known Member

    LOL!!! I totally understand what you mean! I think I am going to argue that since they started reporting him as an AU BEFORE we were married, then they can delete it!! Of course, they CAN delete anything they want to...we all know that!!!

    G
     
  4. Gillian

    Gillian Well-Known Member

    Ok...update....

    I responded by asking them (in a sickly sweet tone) to please tell me where in the FCRA it says that they are mandated to report AU. I said that I would welcome the opportunity educate myself on the FCRA further (gag).
    Then, I gave them the link to Phillips v. TransUnion and told them that they may find this helpful in reading about the issue of reporting authorized user information. This is what I received back:

    "We have referred your account to our credit bureau reporting department for further review. They will send you a confirmation letter upon completion of their investigation. Should they update the information on your husband's credit report, please allow the credit bureaus anywhere from thirty to sixty days to update their records.

    Additionally, (I apologize for my error), I was referring to the Equal Credit Opportunity Act (ECOA) as the federal mandate that requires reporting on both the primary cardholder and the authorized user. ECOA requires creditors to report account information (e.g., payments) to credit reporting agencies in the names of both spouses if the couple is married and one spouse is an authorized user on the account. This ensures that both individuals in a marriage can build a credit history. Sears reports credit history on all accountholders and authorized users."

    I have read the ECOA and I can't really see where it is federally mandated.

    So, what is my next move? Just wait? Or, should I dispute this again now to help push this along?

    Thanks,
    G
     
  5. Gillian

    Gillian Well-Known Member

    Anyone???
     
  6. darkdoj

    darkdoj Well-Known Member

    It's not federally mandated. In fact I just received a card in the mail from Exxon/Mobil for me and my fiance who I made as an authorized user. Inside the envelope was a letter addressed to her that stated they would report the account on her credit report but that she was NOT responsible for use.

    Furthermore, when I sent the request for her card they had an online agreement which stated that I alone was responsible for anything that happened on the card and for whatever reason I could call at anytime and have the AU removed from my account and they would remove the AU lisiting from the AU's credit report. Mind you this is in writing.

    I suggest telling sears that you didn't want your husband on the account in the first place and that you want him removed. The AU account is then invalid because your husband says he never accepted the ability to charge on the account. Thus rendering their response useless. They must remove an AU account if the AU didn't request to be placed as an AU on the card. I believe this is in most Credit Card Agreements.
     
  7. Diane143

    Diane143 Well-Known Member

    I am the authorized user on a Sears card that my husband charged off. I am also attempting to get it removed . Please e-mail me with your results. JRDRJR@msn.com

    They would not delete it through Experian so I wrote them a letter to take me off as an authorized user and delete the account. Lets see if they respond in a similar way. Thanks!!!!! Diane
     
  8. Diane143

    Diane143 Well-Known Member

    Here's a thought. Try requesting Sears to furnish the original documentaion where you put your husband on as an authorized user. Then request that they prove they disclosed the fact in writing that as an authorized user they would be required to enter the account on the authorized users credit report and that in any default situation the entry would remain on the authorized users report. Then tell them they may be in violation ofthe truth in lending act if they cannot come up with this info. Please let us know how it goes. Diane
     

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