Not Marked "In Dispute" ???

Eric,

That is a good question and as you already know the CRA is required under the FCRA to list the item as in dispute. I have only seent this done a few times with Equifax and none of the others.

Yes, technically you could sue them for not following the law but....It is better to get them on more then one violation of differents laws of the FCRA.

Just ask them in writing via certified mail for the procedures they used.

They will send you a general form letter not complying with the FCRA. This would be another violation.

Ask them month after month to dispute the same account but give them different reasons or even documentation if you have it.

They will and Experian is very good at this, tell you they will not dispute because they already verified it before.

This is not a valid reason for not investigating a dispute because they have not communicated to you that it is frivilous and the reason why.

That would be another violation, see where were going with this??

These are the methods I'm using now for my suits with the CRA's.

I can assure you if you call them and alert them to their violation of the law and demand a deletion you will not get it!

They will make excuses or tell you interpretations of the law as they see it. They will keep asking you if they can re-investigate the dispute for you.

Yeah right, thats your easy way of bailing out when you know your in violation of the law.

If you press them with stating you will sue, they will give you a PO box for Consumer Affairs.

Who in turn will write you back with their form letter stating you have no basis for your complaint and they will do nothing....but of course re-investigate.

No, No, at this point it court time baby!

Let the judge decide. They will most likely call you before court and offer the deletions in exchange for dropping the lawsuit anyway.

Fighting the CRA's I have found is very difficult outside of court.

I wish you luck!

Tac

 

There is no requirement that a CRA show notification that an item is in dispute, unless the information furnisher notifies the CRA that said item is disputed by the consumer.

Ie, if you dispute with the OC and they still report regularly they must inform the CRA that the item is in dispute, and any report that the CRA makes available that include the item must have notification that there is a dispute.

However, there is nothing I have found in the FCRA that requires a CRA to provide notice when you dispute through the CRA.

I would love it if I was wrong, so please pick apart my logic and reasoning...

 

Jambe,

I would have to disagree that a CRA isn't required to list your dispute as in dispute....

From $611 Procedure in case of disputed Accuracy

(A) In general. If the completeness or accuracy of any item of information contained in a consumer's credit file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph(5) before the end of the 30 day period beginning on the date on which the agency receives the notice of the dispute from the consumer.

I find that recording the current status of the disputed information while in the 30 day investigation period to mean the CRA must notate on the report "Consumer disputes" or even "dispute", this is why the only CRA I know of Equifax does this.

Tac

 

I don't think so. If that were the case then they would never have to delete, they could just indicate that it is disputed, because of the 'or' in the clause. I think this is just saying to record the current (and presumably correct) information, or delete it.

Is anyone aware of caselaw that sheds some light on this?

 

How about this one:

$611 (c) Notification of consumer dispute in subsequent consumer reports. Whenever a statement of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer's statement or a clear and accurate codification or summary thereof.

Sounds like once we dispute and they verify, they are supposed to leave the listing in disputed status ad infinitum!

 

This, unfortunately, refers specifically to § 611. (b):

It's sad that not only can they limit it to 100 words when you submit it, they can also further shorten it as they see fit.

I still don't see anything that requires them to place notice while you are disputing an item. These other sections almost give them a right to refuse to reinvestigate and tell you that you can submit a statement of dispute. Fortunately the word 'may' is used, and those sections seem to be there for the benefit of consumers only.