09-12-2012 12:32 PM
I have sent several MOV requests to all three CRAs. I have sent them reminders. I have sent them copies of the law that requires them to comply. Still, no CRA has sent me anything more than a general policy statement. I do not see much left to do other than sent ITS letters and follow through with actual lawsuits. Has anyone ever gotten a real MOV response other than their standard form letter "Re: General Policy" or some such letter?
09-12-2012 02:12 PM
FCRA 611(a)(7) imposes a statutory 15 day period for providing a requested description of the procedure used by a CRA to determine the accuracy and completeness of disputed information. About as clear as it could be.
They are apparently in clear violation of the statute. I have seen copies of other responses to MOV requests wherein the CRA simply regurgitates their reinvestigation process. Section 611(a)(6)(B)(iii) sets forth the requriement that their description must, at a minimum, provide the name and address of any furnisher of information contacted in their reinvestigation process, as well as their telephone number, if reasonably available.
You have two remedies under the FCRA. First, treat it administratively by filing a formal complaint with the FTC.
The CRA must respond to the FTC investigation of the complaint. Second, bring your own legal action against the CRA.
A dispute under the FCRA is not an option, as the issue is not one of inaccuracy of the information, but rather of the process used by the CRA in resovling the dispute.
09-13-2012 09:04 PM
This is my next course of action, to be mailed tomorrow CMRRR:
Notice of Intent to Sue
[city, state zip]
September 14, 2012
Experian Information Solutions, Inc.
c/o [Registered Agent Name]
[Registered agent address]
[city, state, zip]
Re: Report Number [report number]; Investigation ID [#]
[Junk Debt Buyer] is currently reporting derogatory information on my credit report. The information they have provided you is not correct. I have disputed the incorrect information, but Experian has “verified” the account and has yet to delete it. On August 22, 2012, I requested that you provide me with the method of verification used. Again on September 6, 2012 I reminded you of your obligation to provide this information to me.
Please be advised that the general policy information concerning investigation procedures does not fulfill your obligations. Thus, to this date you have failed to provide this information.
I have explained your responsibilities in the two attached letters which you have already received, and I expect you know your obligations under the FCRA section 611(a)(7).
Although you are well past your legal deadline to provide this information to me and are already in violation of the FCRA, I am willing to forego any further action if you delete the [Junk Debt Buyer] trade line from my credit report within 10 days and never reinsert it.
Please understand that if you refuse to settle the matter by deleting the trade line from the account, you can expect a lawsuit to be filed against Experian in [my county] without any further notice for failure to comply with the FCRA section 611(a)(7).