TU old system makes FCRA violations

For those of you wanting to sue TU, let me give you some presents.

TU's system is old. they admit they're trying to update. Some very basic things their system doesn't do:

1. When you put items in dispute, the items aren't noted in "dispute" during the 30 days... Not for reports you pull while the disputes are running, not for the copies your creditors see. FCRA violation

2. If you request a Fraud alert or address change due to fraud, don't let them put anything else in dispute at the same time. Why? If you do, the fraud alert takes the full 30 days running to show... no I'm not kidding.

We knew that about regular dispute items, but for FRAUD alerts??? Give me a break. FCRA violation and also just stupid.

3. They will put alerts on your reports and tell you they're permanent. Check at the 7 mos point. They make errors and leave it only 6 mos... result: report unprotected. FCRA violation

4. Fraud alerts that are supposed to be permanent stay for 6 mos. they normally drop at the 7 year point without warning. I've been told they can go forever... we'll see.

So, those little gems will automatically give you fcra violations. Put an item in dispute. Pull your report after they confirm processing the items in dispute. No notation: viola: FCRA violation on every item you dispute....

Then if you want gravy, ask for procedural descriptions on every item. YOu won't get them. that's 2 easy FCRA violations per dispute. Sue them: get money and deletions.

I would also say you should ask TU to cloak (hide) part of your account numbers. They can't. Their sending complete account numbers contributes to identity fraud. Please file appropriate complaints. They're handing out your info in full for every copy of a report you ask for... You should care that they're that sloppy with your information.

 

I ask for the procedural desciption at the time of dispute, and then again later after they're done. That way they've ignored the request twice. They have never sent descriptions to me.

but the fact that I don't even see my items as "in dispute" and my fraud warning won't post until next month... give me a break... no give me another lawsuit...

 

that's interesting. they've never sent them to me. The fcra doesn't stipulate when you can ask for the description, only that they comply within 15 days of the end of the reinvestigation.

As for the "in dispute" status, that's what I'm experiencing. If anyone else does see their items "in dispute" notated as such, please report. I actually think it might be a bigger issue if a creditor doesn't see them as being "in dispute".

The fraud issue is big.

 

Maximizing with TU is now a cake walk... now, let me preface this with the fact that I'm wondering if a creditor must see the items not "in dispute" for it to count... remember: your copy of your report isn't def of consumer report as per the fcra...

Ok. as for setting them up with their own errors. You have to have proof they get the disputes and what you disputed.

I'd send the disputes ... all of them... every little last error in every trade line to them in one big letter. at the bottom ask for a procedural desciption of every dispute once they're completed..

You know they won't even log in ALL the disputes. Their laziness helps you. THey will then violate the 30 day time limit on every item not investigated then...

Then, after you get the green card back and you know they're supposed to be "in dispute"... pull and print an online copy of your file. You'll see no items in dispute.

I think it would help the case if you could apply somewhere right then too... I think you have the right to ask a potential creditor for their copy of the report... but this is just a thought..

going on: once your items come back you can ask for a procedural description again... unless TU tends to send them to you... then don't bother. ( I actually now don't think you have to ask again for descriptions... just do it in the first letter with the disputes). You already asked for it (there's no description of when you're supposed to ask for the procedural description in the fcra... just that they have to send it within 15 days of the close of the investigation)... which then makes more sense that you can ask up front.

anyway, really once you have them on all that you have enough. especially when you truly have errors on your trade lines.

by the way, if you have any cap1 accounts with no limits really include those too. that will screw your score

anyway, that's how I would do it... all at once in one huge letter ... then send a demand letter if your state requires it, then sue them in small claims court.

they seem to throw 500 for a good demand letter faxed to them before filing: they like to try and settle once filed for 500... but if you can prove actual damages and fcra violations you'll always get 1k out of the chain of violations...

by the way, I know I've said this til I'm blue in the face: but while these items are in dispute... or while the errors are showing; please apply for credit. a credit increae (and/or). You HAVE to have actual damages: and... someone somewhere in this has to see your report other than you (your copy doesn't count again as a consumer report)... they don't normally pull that out as a defense unless it's for big money and you're really suing them in US District (and winning) but the Cousin v TU appeal makes for interesting reading...

If you want a template. Lizardking very kindly posted his complaint: we added some and it's good. If you post (or email) your complaint we can sometimes make layperson suggestions... but the biggest issue is to catch them and have lots of proof, have actual damages, and really be willing to fight them and go to court if you have to... I truly believe that difference in attitude makes all the difference...

You can even talk with them after filing and tell them you're prepared for them to request (and have even considered yourself) bumping from Magistrate to US District, but if you do that then you'll have to litigate b/c that's what your atty would want to do (contingency issue on the money)... that may also help make them want to settle. THey'll pay an atty 2000 or so as a retainer to even answer you and show up if it's in US District, and once the retainer is paid... amazingly... it normally is used in full

anyway, that's my strategy. Hope it helps you. I hope everyone files a complaint with the ftc over TU not even showing the items in dispute...

if their system is that archaic.... they need NOT be a national bureau.

 

on the reinsertions, yes reinsertion without notification is a violation.

they actually open themselves up here because how would TU even prove they really sent notifications when they really did comply? they send them via regular mail.

 

As a last note: Please also request that TU cloak your account numbers and not send them in full to you or to anyone else. If you request your report via snail mail and it's intercepted, you're screwed.

The other bureaus don't send full account numbers... this is insane given that identity fraud is so pervasive...

they're not even protecting the info they do have right on us... Please complain to them, your state agencies, and to the FTC.

 

I just spoke with one of the best FCRA atty's assistants.

It's true, TU's system doesn't mark "in dispute" or they put it in small print at the bottom of the report. It's a violation and TU knows it.

Yes, that (not marking them as "in dispute" and no procedural description is enough to sue. But you must have actual damages. I just went through that with the law office... It'd be better to apply with a local bank while the items are in dispute? why? they won't see the disputes and it's more ammo.

There's another reason to apply for LOCAL credit. bank, car dealership.

Large companies like credit card companies are difficult to subpeona if push comes to shove...

A local bank rep is easy to get into court if necessary. Plus, you can get a good letter stating why you're declined :inquiries, ratios, etc...