The default response used by many members (including myself) on this board has been to request the CRA's procedures for verifying the accounts. However, all 3 bureaus consistently only provide the company name, address, and phone numbers (sometimes) only. I've used FCRA § 611(a)(7) (also described in §611(a)(6)(B)(iii)) in my lawsuits before. Yet, the CRAs stand firm with only providing a "generic" description of their procedures and contact info which may possibly be inaccurrate. My question....Why is there a discrepancy between our interpretation of our Request for Procedures and how the CRAs believe they satisfy this requirement without legal consequences. Where's the disconnect? I wouldn't bring this up if it were isolated to 1 bureau (ie. TU's incompliance with not displaying "acct in dispute" status)....All 3 CRAs are doing this....
I think they are just inundated with everyone trying to clean up their reports, and are getting real lax in their efforts, just to get everything responded to in the right time frame, just to muck up the system. I guess they feel if they respond somehow in the 30 days, they are scott free, but all they are doing is just causing more work for themselves and hoping to dissuade folks who may not be as dedicated to getting rid of some of the junk on these reports. That way, when you keep requesting information from, them, they can label you "frivolous" and not respond at all. (Can you imagine) I am pretty new at this, so this is just my opinion. I am trying to think of something eye catching to make my requests stand out, maybe using blinding neon paper? or printing my stuff on those "picture in a picture mind stumpers to subliminally get my point across...... Good Luck
Welcome aboard Stacey. Your response is right on target. If they are becoming too busy to keep up then we are making true progress indeed.
You have sued them? What were the results? The law says nothing about generic. There was a lawsuit floating around here somewhere which has a Plaintiff getting a sizable judgment against TU for their vague response to a procedure request. TransUnion tried the same arrogant crap with the Judge, he did'nt buy it. The law says they have to provide with the list of procedures THEY did to verifiy accuracy. That does'nt mean listing the contact information. The dirty secret that most of us know is that almost all entries are complete unverified crap. For most stuff, they scrub their data against TAPE they recieve from Ca, Creditors and the like. Most data is checked no further than their IT department. They simply have no procedures. Do we really think for run-of-the-mill disputes, a rep requests information by US mail from the CA, waits the appropriate time then calls if the info is not recieved, and if it is looks carefully for accuracy. Come on! What a scam! I say we all sue them in every hamlet, village, town, city and bustop in America. 10's of thousands of airtight lawsuits. That will put them out of business, or get Congress looking at them more carefully. Someone here a few days ago said Experian did'nt even show up...default judgment. Maybe it's already working?
Yes - Both TU and EFX. Settled with TU. EFX case still in submission (pending judgement). Correct (RE: generic)...so I sued them for other things in addition to the procedure issue (ie. failure to maintain accuracy, failure to investigate, failure to provide procedures, defamation). The case you are referencing is Cushman v. Trans Union...
Sure the whole credit thing is. Were are getting bilked with fraudulent overcharges on Credit and insurance due to the results of this con job! Here on the board We only deal with the effects this is having on us as consumers,but what about the tremendous damages that FICO and the CRAs are causing on the overall economy ?
