On two Occasions I asked Equifax to investigate some inquires and I got letters back with the standard reply of factual record and contact the business directly if you want it removed. Now this an obvious violation of the FCRA. They are required to investigate ANY questionable item on my report. I plan to file in small claim court on this matter. Now I've done the research and got the agent of record for equifax in my state. My question is should I send a letter of intent to sue to both Equifax and the registered agent for them or just go ahead and file and see what happens. I'd like for them to settle as you can never tell what could happen in a courtcase. Any advice would be greatly appriecated
Your post is a bit confusing. You don't sue the resistered agent nor, send them any intent to sue letter. The registered agent is the party that will accept the lawsuit on Equifax's behalf and forward the suit to the proper party. They have no liability to you.
Sorry for any confusion. Ive never been thru this process and thats why I was asking the question and advice on what to do. If I was to send a intent letter I just wanted to make sure I had my bases covered and to insure that the proper people would get my letter
I think you're out of luck on this one, Bob. The CRA isn't required to investigate an inquiry. It may be questionable but the responsibility for its legitimacy is with the Inquirer, not the CRA. You need to contact the party that made the inquiry. Are these Hard inquiries or soft (promotional, account review, etc.)? If they're soft, the CRA should say something like "Only you will see these inquiries", so you don't need to worry about them - they won't affect your score.
I beg to differ. The FCRA says they must investigate anything on the report that the consumer feels is incorrect. Unless they can prove its frivilous. Since Ive asked twice I dont see that being frivilous. Inquiries are listed on your report they can be investigate if requested. I also have spoke with people at the FTC and they said alot of people are filing complaints with them about equifax not investigating inquiries and they are suggesting they sue for violating the FCRA
Wrongo burbs the fcra does state they have to investigate any information on your file. I have contacted a FCRA attorney and they agreed. I sent an intent to sue letter to equifax before(their smaller office) and they responded within an hour with my demands. I would try and send the letter first and then file. Show the judge you did everything to settle the matter. I would not ask for money though or they will do nothing.
funny thing is that §604 makes the cra liable if they allow someone to view your cr without pp....... You'd think they'd be happy to delete...
Nodding, See Quixote's lawsuit thread, just went to court today: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=246939#post246939 Sassy
THEY NEED A "PERMISSABLE PURPOSE"~~~even for AR'S...my wife had a TON of AR'S on her closed account (FIRST USA)...
