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623 - investigation results don't need to be supported?

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Anonymous
Not applicable

623 - investigation results don't need to be supported?

I sent a 623 letter to a credit furnisher.. The response was a letter just stating what they are reporting and not supported with any documents.. 

I read the FCRA and it only states they must perform an investigation and respond with the results within 30 days. So, how do I know the results of this investigation are accurate if they are not required to supply and documentation supporting their claim? 

I'm thinking about responding with a CMRRR stating I do not believe the results of their investigation are accurate and plan to pursue legal action if the item is not removed immediately.. I really have nothing to lose with this threat.. The account is paid off, they are already reporting negatively and it will cost me $5 for the CMRRR..

Is this an appropriate response, or would you suggest something else?

Message 1 of 3
2 REPLIES 2
llecs
Moderator Emeritus

Re: 623 - investigation results don't need to be supported?

If there are any disagreements with the details (e.g. balance, dates, OC, etc.), then that has to be hammered out in court. What's inaccurate about the reporting? Have you tried sending GW letters since it was paid?

Message 2 of 3
RobertEG
Legendary Contributor

Re: 623 - investigation results don't need to be supported?

+!

You are correct in that the furnisher is required to conduct a reasonable investigation, and truthfully base their verification upon those facts.

If they choose to provide verification that is contrary to the results of their own investigation, they do so at their own peril.

 

The dispute process is not a judicial process, and relies upon both parties not providing or making knowingly false statements.

To determine the accuracy of their investigation would require your ability to compel production of documentation, which is available through the discovery process in a civil proceeding.  Getting to the truth of assertions is the purview of the courts.

Message 3 of 3
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