Hi, all! I've been reading the forum for a couple months, and boy am I impressed. Expertise and generosity abound. I already owe many 'thank-you's', even before my first post. I have 3 paid CC charge-offs. They are my only derogs, and I'm committed to their deletion. So, I'm trying to rack up as many violations as possible. I want to ensure, however, that I'm interpreting the statutes correctly. Based on my reading of the statute (FCRA): 1) If I dispute an account with an OC (furnisher), the OC has a duty to notify the CRA of the dispute. Now, does this duty kick in immediately, or do I need to dispute with the CRA and hope the OC verifies without mentioning the dispute? It seems this duty exists apart from a CRA dispute. 2) An OC has a duty to investigate only in response to a CRA dispute. In other words, I see no duty for an OC to "validate" apart from a CRA dispute. (Not in the FCRA anyway). 3) If information being reported is, in fact, inaccurate, an OC has a duty not to report that information if the consumer has notified the OC that the specific info is inaccurate. I've notified an OC that info they're reporting is inaccurate. The OC, of course, has ignored this so far. Isn't this a violation in and of itself? Do I need to dispute with the bureau to have a viable case? Finally, is there something in the Fair Credit Billing Act that imposes a time frame on an OC to respond, investigate a consumer dispute? Thank you in advance for your help. Hope I can return the favor. Scrivener
1. yes- they violate this all the time. dispute with OC. 2. no- they are supposed to investigate and make valid. 95% never do. that's why we sue them to force some type of response in writing that they have on us. 3. if the info is inaccurate, they must update or delete. that goes for the CRA and OC. The CRA has no way to know if what's being reported is wrong. their info comes from OC. 4. 30 days is the law. this is for OC, CRA, or CA.
creditman, Where do you get the 30-day time period for an OC to investigate, apart from a CRA dispute? Also, I don't see where a CA has a time limit apart from a CRA dispute either. Thanks, Scrivener
1. the Oc does not have 30 days. the CRA has 30 to complete their investigation. If they reply after the CRA has deleted, the CRA can put it back, if they notify you within a certain time frame. 2. the CRA, OC, and CA all fall under the same laws. search the archives. we went into detail on this twice in the last month. hope this helps