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07-13-2007 07:47 AM
07-13-2007 07:52 AM
07-13-2007 08:18 AM
07-13-2007 10:41 AM
When a CRA won't do it's job by investigating and correcting or deleting inaccurate info, MOV is available to you.
With MOV, you might have to actually sue the CRA, or at least threaten it. They don't seem to freely comply with this area of the law. FCRA § 611(a)(6) and (7). 15 USC 1681i
1. Dispute with the CRA. Since you might have to sue or threaten it, a CMRRR dispute is best so there's proof you can show to a judge. If you have any written records disproving the inaccurate reporting, include them.
2. If verified, with a copy of the investigation results in hand (either mailed copy of the investigation report or printed copy of your online investigation report), call the CRA.
3. Give them the reference number and ask for method of verification under FCRA Section 611(a)(7). They might play dumb. Paper copies of EX and EQ contain a statement of your rights for MOV, at least in Washington state. You might point that out to them. YMMV.
Statement from EQ paper report- "To request the credit reporting agency to provide you with a description of the procedure used to determine the accuracy and completeness of the information disputed, including the name, business address, and telephone number of the person or business contacted during the reinvestigation"
Statement from EX paper report - "The federal Fair Credit Reporting Act states that you may request a description of how we verified the information, including the business name and address contacted and the telephone number if reasonably available"
4. The CRA will likely have never called the OC. They generally rely upon a third party database to verify. They may or may not admit this to you. Ask for the name, address and phone number of anyone contacted.
5. Call the OC and ask them about their records. If the person you speak with at the OC cannot doesn't have any records to support the inaccurate reporting, get their name and direct line. You might have to ask for a supervisor and get their name. Frontline phone reps are often "ghosts" known only by a first name. If they claim to have records, demand a copy of them under FACTA.
6. If you are sent records, review them and see whether they support the CRA's reporting. If they don't support the reporting, proceed to the next step.
7. If the OC has no records, or inconclusive records that don't support the inaccurate reporting, call the CRA and tell them the OC has no records to support their reporting. Tell the CRA you want a new dispute. The new info for the dispute is the name and number of the person at the OC with whom you spoke.
8. If they refuse to open a dispute, tell them you will sue for willful non-compliance under FCRA § 616. If they still refuse, send the information via CMRRR along with an ITS letter.
9. If they open a dispute over the phone, get the new confirmation number. Write down the confirmation number, the time & date of your call, and the name of the rep at the CRA with whom you spoke. They might also be a "ghost" and you might have to ask for a supervisor to get a name.
10. Once the investigation is complete, if the inaccurate info remains, then send an ITS letter to the CRA. Give 'em 10 days, then either file suit yourself in small claims or contact a consumer lawyer and see about filing in federal court. naca.net or myfaircredit.com are two good sources of consumer lawyers for debt and credit issues.
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