EWS removal letter

[php111]

Would this letter work to get removed from EWS with accounts that are "accurate" and "valid"? If yes, than would it also work to get removed by ChexSystems as well which is reporting more unpaid accounts compared to EWS?

DISPUTES DEPARTMENT

Early Warning Services, LLC
16552 N 90TH ST
Scottsdale, AZ 85260
Phone 800-325-7775
Fax 480-656-6850

Date: 2/16/18
RE: Consumer ID #xxxxxxx

Contribution Reference #: xxxxxxxxxxxxxxxxxxxxx

I have recently been informed that there is negative information reported by PNC BANK and WELLS FARGO in the file EWS maintains under my Social Security number.

I am not just contacting you to evolve in a frivolous dispute for you to validate this claim. I am contacting you because you are in violation of many banking regulations and Federal Credit Reporting Act consumer laws:

PNC BANK/WELLS FARGO
Sec. 3403. Confidentiality of financial records

(a) Release of records by financial institutions prohibited
(B) Release of records upon certification of compliance with chapter

Sec. 3410. Customer challenges (all as such)
Sec. 3412. Use of information (all as such)

EWS-participating as consumer reporting agency
[(p) The term “consumer reporting agency that compiles and maintains files on
consumers on a nationwide basis” means a consumer reporting agency that regularly
engages in the practice of assembling or evaluating, and maintaining, for the purpose
of furnishing consumer reports to third parties bearing on a consumer's credit
worthiness, credit standing, or credit capacity, each of the following regarding
consumers residing nationwide:]

§ 602. Congressional findings and statement of purpose [15 U.S.C. § 1681]
Consumer reporting agencies must correct or delete inaccurate, incomplete, or
unverifiable information. Inaccurate, incomplete or unverifiable information must be
removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate.
A credit report includes information on where you live, how you pay your bills, and whether you've been sued, arrested, or filed for bankruptcy.


My report from EWS reads as such:


Name:xxxxxxxxxxx
SSN/Tax ID #: xxxxxxxxxxxx
Home Phone: xxxxxxxxx Work Phone:
Primary Address: xxxxxxxxxxxxxxxxx
ID #: xxxxxxxxxxxx ID Type: DL ID State: PA ID Country: USA
Account #: xxxxxxxxxxxxxxxxxx
Incident Date: 11/3/2017
Principal Loss: $.00 Fee Reversal: $.00
Paid/Unpaid/Settled:
Contributing Reason: An account closed and charged off by the contributor, in whole or in part, via an automated process, where

the Contributor has recorded a loss and where the Contributor does not, or is not able to identify the closing of the account as due
to fraud.
Name:xxxxxxxxxxx
SSN/Tax ID #: xxxxxxxxxxxx
Home Phone: xxxxxxxxx Work Phone:
Primary Address: xxxxxxxxxxxxxxxxx
ID #: xxxxxxxxxxxx ID Type: DL ID State: PA ID Country: USA
Account #: xxxxxxxxxxxxxxxxxx
Incident Date: 8/14/2017
Principal Loss: $.00 Fee Reversal: $.00
Paid/Unpaid/Settled:
Contributing Reason: Account risk
Name:xxxxxxxxxxx
SSN/Tax ID #: xxxxxxxxxxxx
Home Phone: xxxxxxxxx Work Phone:
Primary Address: xxxxxxxxxxxxxxxxx
ID #: xxxxxxxxxxxx ID Type: DL ID State: PA ID Country: USA
Account #: xxxxxxxxxxxxxxxxxx
Incident Date: 3/14/2017
Principal Loss: $.00 Fee Reversal: $.00
Paid/Unpaid/Settled:
Contributing Reason: Account risk

[RobertEG]

As I understand the post, you are asking whether violations of certain federal statutes or regulations unrelated to the validity of the debt are basis for requiring a creditor to delete otherwise accurate accounts reporting valid debts.

A dispute under the FCRA only relates to the accuracy of the information identified in the dispute.  The requirment that the CRA delete inaccurate information only applies to the specific information that is subject of the dispute, and then only if the information is not either verified or corrected by the CRA.

Assertions of impermissible disclosure of your information to others does not relate to inaccuracy of their credit reporting per se, and does not carry a statutory requirment to delete accurate reporting.  Those are matters you can pursue either by way of complaint to regulatory agencies or by separate civil action apart from the accuracy of their credit reporting.

The letter is addressed to the furnisher of the information, and not to a CRA.

It would thus be considered a direct dispute under FCRA 623(a)(8), and not a dispute being investigated by a CRA.

Notwithstanding your assertion that the contents of the letter do not comprise a frivolous dispute, the implementing rules for the direct dispute process permit a furnisher to dismiss any dispute as frivolous or irrelevant if it does not provide adequate support for a showing of inaccuracy in the reported information.  See 16 CFR 660.4 et seq.

The assertion of a violation of other federal banking regs is not basis for showing inaccuracy of their credit reporting, and thus the "dispute" could be dismissed as frivolous or irrelevant without any need for investigation.

[php111]

And what should I do if I already faxed the letter to EWS?

[RobertEG]

Wait for their response.

It is hard to say how they will treat it since it does not specifically assert to be a direct dispute under FCRA 623(a)(8).

If they treat it as a formal direct dispute, they will likely dismiss it as frivolous or irrelevant on the basis that it does not identify any specific inaccuracy in its reporting per se.  However, they may verify their current reporting as accurate, and thus formally conclude the "dispute."

Or they may simply treat as an informal complaint, and not as a direct dispute, in which case they can say whatever they please or not respond at all.

[php111]

RobertEG,

First, thanks for the info!

Second, I just called EWS and just for the sake of it I asked if there are any disputes open with the accounts in my file. His response was, there are pending disputes against the contributors, yes, that is correct. I will receive the outcome within 30 days at the address I provided.

[Anonymous]

If I may ask. What was the outcome of your disputes?

[php111]

The outcome was they verified everything as accurate. They will not remove it from the file.