I, Bob, requested an online investigation of this account in July of 2002. According to the Experian website and the report from Experian (date 9/13/02, copy enclosed), the investigation into this matter was scheduled to be concluded on 8/24/02, the end of the 30 days allowed in the Fair Credit Reporting Act (FCRA) to validate information. As of September 22nd, this account is still under investigation and I have not received results from the pending investigation. According to the FCRA, if information on a credit report cannot be verified within 30 days, it must be deleted, or a violation has occurred. Since Experian has violated this law both by not concluding the investigation into this matter in the allotted time and by not deleting the incorrect information, I am entitled to a $1000.00 fine from Experian. I am requesting that Experian immediately delete this incorrect information concerning the above account or send myself (Bob) a check for $1000.00. I have included an excerpt of the pertinent federal law, as well. FCRA § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (a) Reinvestigations of disputed information. (1) Reinvestigation required. (A) In general. If the completeness or accuracy of any item of information contained in a consumer's 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. ...and paragraph 5... (5) Treatment of inaccurate or unverifiable information. (A) In general. If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall promptly delete that item of information from the consumer's file or modify that item of information, as appropriate, based on the results of the reinvestigation.
Sound good, but....Your unlikely to get anything out of Experian, even the deletion unless you really do sue them. This of course if from my own experience. Calling them and telling them of the deadline probably won't do any good either, there very set in their ways. I have had success calling several times until you reach the right friendly service rep who is willing to help you out. I called TU 8 times one day until I finally spoke to someone who cared and actually deleted due to their fault. When you call be very friendly and non-confrontational with the rep. Do not cite FCRA law like some lawyer. Kinda act stupid and state..."I thought this thing was only supposed to take 30 days??" Could you please tell me whats going on with this dispute? Give it a try, but in the meantime send them a letter to remind them of the law. Tac
I highly suggest that you print copies of you still "pending" results. Just in case they try to say that it was already finished before the 30 days.
