What do you think?(long letter)

PLease let me know what you think about the letter..... any changes?

May 2, 2002

Merchants Association Credit Bureau, Inc.
134 South Tampa St.
Tampa, FL 33601

Attention: XXX

Dear XXX,

Upon information and belief, Merchants Association Credit Bureau, Inc. is a â??consumer reporting agencyâ? as defined in 15 U.S.C. §1681(f). Being which you are entitled to follow the laws set forth by the Fair Credit Reporting Act (FCRA). There are sections of the FCRA in which I will point out for your review:

1. § 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.
2. § 611. Procedure in case of disputed accuracy[15 U.S.C. § 1681i]
(a) Reinvestigations of disputed information.
(4) Consideration of consumer information. In conducting any reinvestigation under paragraph (1) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in paragraph (1)(A) with respect to such disputed information.
3. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]
(B) Requirements relating to reinsertion of previously deleted material.
(i)Certification of accuracy of information. If any information is deleted from a consumer's file pursuant to subparagraph (A), the information may not be reinserted in the file by the consumer-reporting agency unless the person who furnishes the information certifies that the information is complete and accurate.
(ii)Notice to consumer. If any information that has been deleted from a consumer's file pursuant to subparagraph (A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency.
4. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]
Notification of consumer dispute in subsequent consumer reports. Whenever a statement of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer's statement or a clear and accurate codification or summary thereof.
5. § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]
In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000
Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.
6. § 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]
(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) any actual damages sustained by the consumer as a result of the failure; (2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.
7. § 621. Administrative enforcement [15 U.S.C. § 1681s]
(2) (A) In the event of a knowing violation, which constitutes a pattern or practice of violations of this title, the Commission may commence a civil action to recover a civil penalty in a district court of the United States against any person that violates this title. In such action, such person shall be liable for a civil penalty of not more than $2,500 per violation.
(B) In determining the amount of a civil penalty under subparagraph (A), the court shall take into account the degree of culpability, any history of prior such conduct, ability to pay, effect on ability to continue to do business, and such other matters as justice may require.

I am extremely concerned as over the past few months Merchants Association Credit Bureau, Inc. has violated the laws set forth by the FCRA repeatedly on numerous occasions, of which I have solid proof and documentation. To date I have confirmed (17) violations of the FCRA. As Iâ??m sure upon further review there will be more documented.

Your failure to follow the law has forced me to draft a lawsuit against Merchants Association Credit Bureau, Inc. for the following:

1) 17 violations of the Fair Credit Reporting Act
2) Defamation of Credit
3) Negligence
4) Loss of Opportunity
5) Injunction seeking immediate court ordered relief from further credit damage.

This is an offer of an out of court settlement prior to the lawsuit being filed. If you will agree to delete all information from my credit reports immediately, then I will agree to not seek the damages to which I am entitled.
 XXX/ #XXX
 XXX/#XXX
 XXX/#XXX

If you do not delete this information from my credit report, then my lawsuit will be filed on Thursday, May 9, 2002. I will be seeking damages in excess of $17,000.

If you wish to notify me that you are agreeing to delete all information from my credit reports and closing this matter, you must notify me in writing prior the close of business on Wednesday, May 8, 2002.

Sincerely,
XXX

 

They are familiar or atleast should be - I started out against Trans Union (mapped it all out with the lawyer) and ended up being forced to deal with Merchants. They were CC on all letters from TU so she knows what the story is. I was told that my info was owned by Merchants but maintained in TU system. Should I spell out all 17 violations for them??

 

Would this be a violation of some kind?

On the investigation results page it states as "verified new information below"

But the account remains the same(nothing at all has changed)

This wasn't just done once - its happened many many times on the same account (every time I disputed it)

 

*bump*

 

Any thoughts?