CRA deletes info. Ca puts info back. CRa does not provide notice of dispute. I know somewhere I saw some letter of case law which states the CRA must take extraordinary steps to insure the completeness of the reinsertion and a mere 'ok it is theirs' is not good enough. Where is it please. thanks
Forgot to ask. Also need that opinion letter stating a business cannot pull your credit report in response to a lawsuit filed against them.
case law or opinion letters would be nice.. all i have is the FCRA: Certification of accuracy of information. If any information is deleted from a consumer's file pursuant to subparagraph (A), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate. I'm still trying to find out what qualifies as "certification". also, the oc/ca does not appear to have the option to report the "verification" to the CRA outside the CRA's 30 day period: 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. So I take that to mean that the oc/ca is in violation even if they DO certify their results.
Yah I have the fcra info. I know for a fact there is a case law that experian lost and there are opinion letters out there proving my case. My experian lawsuit is tomorrow at 1 and I am putting on the finishing touches but lost the info I need.
Ok I found the opinion letter. http://www.ftc.gov/os/statutes/fcra/greenblt.htm No. Neither the dispute resolution conference, the imminent threat of civil litigation, nor the desire to craft a settlement offer provide the brokerage firm with a permissible purpose to obtain a brokerage client's consumer report under Section 604. In the 1990 Commentary on the FCRA, the Federal Trade Commission ("Commission") stated that "[t]he possibility that a party may be involved in litigation involving a consumer does not provide a permissible purpose for that party to receive a consumer report on such consumer . . . because litigation is not a 'business transaction' involving the consumer." 16 C.F.R. § 600 App., 55 Fed. Reg. 18804, 18816 (May 4, 1990). This statement extends to all aspects of litigation, including the pre-litigation discussions and settlement preparations that you describe, and was not altered by the recent amendments to the statute. \ I am going to test a theory in court tomorrow. Experian owns experian of course. However, after multiple hearings and continuances I have noticed a pattern in which the day before the hearing experian pulls my credit report. However, they are not suppose to pull my report if litigation is involved. I am interested to see what the judge says even though it is not the basis of my case.
Picantel.......just wanted to say GOOD LUCK on your case tomorrow with the EXP. Hoping you nail those weasles!!!!!
Yo Picantel, What circuit are you in? Off the top of my head, check out Bakker vs. McKinnon (1998). The 8th Circuit Court of Appeals affirmed that threat of imminent litigation is not a permissible purpose for obtaining a credit report. May carry more weight than an older footnote of FTC proceedings. Good Luck!!!
thanks. I am just in small claims. I will let you know how it turns out. I am sure she will lie her way to a victory as it is just before a magistrate. I plan to appeal to a judge anyway after I lose. Consumers always lose to the giants.
picantel, I hope you nail their ass to the coffin. I'm gonna sue EXP as well but I'm waiting until I close on my house. I'd hate for them to pull my reports offline before I close. In the meantime I'm collecting a "phonebook" of violations to raise the amount of prize money. I'm convinced. You really do have to sue the CRA's for them to hear you. I'm gonna retain an attorney also so I can make this "worth their while" literally.
