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THAT WAS 7 months AGO!
So I asked her, "was it ever at one point the dispute resolved?" and she said no, its still pending.
So, following the Fair Credit Report Act, I asked them to delete the account because its WAYYYYYYY past the 30 day investigation period. In return, they said "no", they can't and only the original creditor who reported to them can authorize a deletion.
Am I missing or misunderstanding the Fair Credit Report Act here?
Do I not have the right to have the account deleted due to no completion of the dispute within the 30 day period?
What action can I take legally?
Please advise. Thank You.
Moving this thread to the rebuilding forum.
The FCRA not only says that they can delete, it says that they MUST delete if they cannot verify the accuracy within their reinvestigation period.
The statute speaks for itself:
§ 611. Procedure in case of disputed accuracy
[15 U.S.C. § 1681i]
(a) Reinvestigations of Disputed Information
(1) Reinvestigation Required
( A)
In general. Subject to subsection (f), if the completeness or accuracy of any
item of information contained in a consumer's file at a consumer reporting
agency is disputed by the consumer and the consumer notifies the agency
directly, or indirectly through a reseller, of such dispute, the agency shall, free
of charge, conduct a reasonable reinvestigation to determine whether the
disputed information is inaccurate and record the current status of the disputed
information, or delete the item from the file in accordance with paragraph (5),
before the end of the 30-day period beginning on the date on which the
agency receives the notice of the dispute from the consumer or reseller.
..........
(5) Treatment of Inaccurate or Unverifiable Information
(A)
In general. If, after any reinvestigation under paragraph (1) of any information
disputed by a consumer, an item of the information is found to be inaccurate
or incomplete or cannot be verified, the consumer reporting agency shall–
(i) promptly delete that item of information from the file of the consumer, or
modify that item of information, as appropriate, based on the results of the
reinvestigation; and
(ii) promptly notify the furnisher of that information that the information has
been modified or deleted from the file of the consumer.
This has always been my worry. How can one ACTUALLY force them to follow the law? Short of having an attorney do it for you?
I'm showing disputes on my CRs. I haven't sent in a dispute (prior to this week) since last year.