Hello all. Just wanted to get some response from you. I disputed an account. Account came back verified multiple times. SO, I sent in letter requesting to find out how account was verified. Not only that,but made sure to request that they NOT start a re-investigation. It is my understanding that CRA's have to give explanation of how account was verified when addressed in writing. I have WRITTEN DOC. that Trans Union is REFUSING to do so. Not only that, but they did start investigation. I told them I planned to sue. They said to do so. I am so uphauled at the way they handled this situation, I think I might go ahead and sue. I know I have grounds. But, I wanted your opinions. Thanks in advance as always.
If you say you're going to sue, don't just be one of the many who stamps her feet. Put a case together and sue them.
The CRAs usually ignore their obligations under FCRA to provide the procedures they used to verify. After such a routine brush-off your next move is to sue if you think you can show a judge both that the account is reported in error (letter from DF should do that), and if the CRA is refusing to fix it even thought the DF claims they have directed them to do so. Pull any paper reports you might need before doing so, since they may freeze on-line access to your reports if you sue. Alternatively, file complaints with FTC and state AG. FTC will forward dispute complaints where the consumer has not had an adequate response directly. These may end up being handled thru a different channel by the CRAs, so you might get a better response, since FTC samples the effectiveness of the CRAs dispute handling thru this mechanism.
Ontrack is correct, you better make certain the account in issue is in fact inaccurate, incomplete, obsolete, and has caused you DAMAGES. Suing on a PR is dubious at best unless it is extreme in nature. Moreover, Trans Union's generic description letter they send out "may" cover the bases if a substantial compliance standard is adopted by the first court to rule on the issue. Since it's an area of first impression, I would try to accumulate something more to go along with it. If your gung-ho, at least assert "failure to maintain reasonable procedures . . . " as an additionally count. Incidentely, Trans Union doesn't lock consumer files as a result of instituting a civil action. Only Equifax does that which is a whole other issue I would like to see before a bench, but I digress . . .
