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Does Frivolous Claim Toll or Reset 30 Day Time Limit?

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ficojoe
Frequent Contributor

Does Frivolous Claim Toll or Reset 30 Day Time Limit?

TU rejected a request as frivolous. I responded and explained that it was not frivolous because I was providing additional evidence and disputing aspects of the trade line never before disputed. It is now 30 days since my inital request, but only 10 days since I explained the request is not frivolous. 

 

Would it make sense for me to now argue that they must delete on the basis of 30 days passing since my inital dispute, which they deemed frivolous (since it is clear that is wasn't frivolous)?

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RobertEG
Legendary Contributor

Re: Does Frivolous Claim Toll or Reset 30 Day Time Limit?

Holding a dispute to be frivolous or irrelevant legally terminates the dispute.  FCRA 611(a)(3)(A),

The entire purpose of holding a dispute as frivolous or irrelevant is that it relieves the CRA of any requirement to reinvestigate the dispute.

Upon making such a determination and conveying that determination to the consumer, the dispute is dead.

No, you cannot hold the dispute to still be pending simply because you disagree with that determination.

 

You can argue the matter with the CRA, and thus attempt to have the dispute begin anew, or you can file a complaint with the FTC or initiate civil action against them.

Meanwhile, you no longer have a pending dispute, and thus cannot argue deletion for failure to verify in a reinvestigation they are not conducting. or required to conduct.

 

 

Message 2 of 3
Jutz
Valued Contributor

Re: Does Frivolous Claim Toll or Reset 30 Day Time Limit?

Since this seems settled, Robert may I ask what your background is?  Your knowledge seems a bit beyond just hobby and personal satisfaction.

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