I have requested a copy of my file from Telecheck on numerous occasions, both verbally and by letter. They requested additional info, I sent it, and still no report. This has been going on for over two years!!! Any suggestions?
Do you think the AG will actually help me? They get so many complaints that I'm concerned mine will just fall through the cracks. Also, I've hired an attorney and have filed a lawsuit against Telecheck. Should I wait until this lawsuit is over (to gather up a complete package of info to give to the AG) or should I contact the AG now? I really hate being in this situation. I tried to resolve this and have been exceedingly patient for over two years, but no success. Thanks for your help.
You may want to talk to your attorney, but I see no reason not to file a complaint with the AG. Your AG's job is to enforce the law. State laws on required disclosure of credit report information to consumers generally parallel federal law. If they are systematically not following the law, it is the responsibility of AGs and regulatory agencies to see that they do. I presume you have some bad check being reported, that may not be yours, and without access to your file, you can't get it removed, are blocked from writing checks at retail stores, or can't open new bank accounts. How long do you want to wait? 2 years, 3 years, 4 years? Once they failed to provide your report, and you sent the identification information they requested, and they still did not send your report in compliance with the law, they broke it. A complaint would have been entirely proper, whether or not you later got them to comply. Look at how creditors, including whoever reported your alleged bad check, treat reporting your credit information. They assume they are right, and depend on you to prove otherwise. If creditors, or CRAs, are then unresponsive in their duties to correct, they deserve their own black marks. Otherwise they will continue to report erroneous information, to your detriment. Debt collection and credit reporting law violations, like many consumer law problems, are generally underreported. Most people just want it fixed, if they even know there is a problem. If no-one reports, your AG can't even know there is a problem. If there are a bunch of reports, with similar characteristics, then your AG can know it is a systematic problem that requires action. Maintaining a healthy level of compliance with law places a duty on the consumer to report problems that cannot be quickly solved. Same argument that the lenders and CRAs use to justify reporting of their (possibly erroneous) information. The statistics show the truth, but only if you report.
Keep in mind that lack of responsiveness IS non-compliance. The CRAs have protections against libel suits for publishing information that might otherwise subject them to such suits, but they have a corresponding duty to maintain procedures to ensure accuracy. The FCRA requires that CRAs respond to consumer disputes, in order to maintain and report accurate information. If they don't respond to consumer requests for reports, consumers can't dispute. Responsiveness to consumers is as important as responsiveness to the CRA's customers. Several years ago, FTC fined some of the CRAs for their failure to answer their 800 lines quick enough.
What exactly are you dealing with? Are they saying they have no information on you, but your checks are being rejected, or you are being rejected for new checking accounts?
Here is the letter I received: Dear Logic, Thank you for your recent inquiry. We have conducted a serch for any information in our database that would cause Telecheck to decline you. We have not been able to locate any negative information reported against you nor have we located a record of a decline issued at a Telecheck subscriber under the information you provided. There is a possibility that you may have been declined by an authorization/verification service other than T If we can be of further assistance, please feel free to contact Checkwriter Services at xxxxx Sincerely, TeleCheck Checkwriter Services The "T" thing above is exactly what they sent me, an incomplete form letter. The merchant who had been informed to reject my check gave me a "stub" with telechecks name, address, and an 8 digit record locater number. I included that number in my original letter and this is the response I received. I responded to the form letter above and included the 8 digit record locator number AGAIN and specifically asked, yet again, for a copy of my file. My thought was I could carry the file with me in my purse and if I was rejected at another merchant, I could show them my telechek file. This is one example of many letters, I think, nearly 20. Sometimes, I received almost identical responses (form letters), maybe a line changed here or there, but no file included. This really has been emotionally draining and any advice is greatly appreciated. I have learned a lot by reading your resposes to my post and plan on submitting all info to the AG once I get it together.
Don't write checks to merchants. Use credit cards. If the merchant that rejects your check won't take your credit card, take your business elsewhere. Carrying a checkbook is a theft risk. Paying bills by check doesn't involve Telecheck, since the product or service is already delivered when you write the check.
For the time being, that's all I can do. Other family members are helping out by doing most of the shopping. I'll post the results of the trial, but that's a long way off. In the meantime, a local paper has contact my attorney about his initial filing with the court. If the paper decides to print an article, I'll post the link. I hate this, it's so embarrasing, but if I don't step up to the plate, who will?
You would think that if they are maintaining procedures to ensure accuracy, that they would be able to track their own rejection number to the data that led to the check rejection. In reality, their systems are as sloppy as most. They just sweep it under the rug, and most consumers don't know what to do, so they just live with it. Only those who keep good records can use the courts effectively. Keep pushing.
Actually, an article by a consumer reporter at a paper is probably a quick way of shaking loose an adequate response. The weak point of all "reporting" systems is that they trust the accuracy of the data reported, including the matching accuracy when they tend to broaden what is accepted as a match. As loss protection for businesses that use them, that works, even if they are sprinkled with errors. If it weren't for those meddlesome laws, they would all be happy.
Well if the paper does decide to run an article, it won't be with my help. This has already been difficult enough, but I'm willing to go through the legal system in hope that it "encourages" Telecheck to follow the law. I'll keep you posted.
Question about violations. If I sent numerous requests for a copy of my file, on numerous occasions, regarding numerous rejections by merchants to accept my check, and Telecheck never sent my file, am I entitled to $1,000 for each request that wasn't answered, or just one?
I feel for you, it's very, very frusterating. I've requested all my credit reports, receieved every one except for innovis, still waiting, got all the reports from "specialty" cra's, except Telecheck, still waiting for them to send a copy of my file, and on every single report everything is excellent. I just don't get it. My history goes back for twenty five years, and every single payment has been made on time for twenty five years. I don't get it. I love these new laws and I can't wait to tell my story to the jury. There will be many "low lights" one of which is when the clerk made me call my bank at the register, because of Telechecks "code 3!" I couldn't believe it!!! Here I am, in front of a group of people, reciting my ss#, checking account #, etc. in order to buy my daughter school clothes! Like I said, I love these new laws and I can't wait to tell the jury my story. Hopefully, after everything I've been put through for the past three years, Telecheck will finally get it.
Like ontrack said, never write a check at a store. Use a credit card and write the check to the credit card company, or pay online. No reason to have your checkbook where it can be stolen. Then they not only have your bank account information, but information about where you do business and how much you spend!
I really do miss my duplicate checks though! It was so easy to go back through and make sure everything was in order, but you all are right. At this point, checks are not even an option. I had some friends over this morning and they read the letters to Telecheck. They thought it was ridiculous and hilarious at the same time. I guess if it happened to someone else, I'd think it was funny too. If you'd care to read them (I can't post them until after the trial) I'll put them in a thread. In the meantime, if there is any other specialty cra beside telecheck, scan or chex please let me know so I can get those reports also. Thanks again.
