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This is a new one for me...I just recently pulled my credit report after a recent charge off. I wanted to see how they had recorded the CO and not to my surprise they had recorded the negative, but to my surprise, the had never reported a good mark on the report. What should I do in this matter since it seems like false report measures by 1st Franklin Financial? Should I get a lawyer for this one?
What, specifically, have they failed to report?
The requirement under FCRA 623(a)(2) is that once they have reported information to a CRA, they have the obligation to update their reporting to maintain its accuracy.
There is no requirment that they report all activity under their account. Thus, the issue of compliance with the FCRA hinges on what they have failed to report, and whether it is necessary to maintain the accuracy of prior reporting.
Regardless of whether they have omited reporting found necessary for complaince with the FCRA, hiring a lawyer is, in my opinion, way premature.
Inaccurate reporting per se is not a violation of the FCRA. Statutes cannot mandate human accurate. Reporting only becomes a violation if it is shown that they knowingly reported inaccurate information. Without evidence of willful noncompliance, bringing legal action would not be recommended. Use the dispute processes to first challenge any reporting inaccurcies, and give them the opportunity to correct.
Legal action should be reserved for situations if and when you can show their reporting is knowingly inaccuratel.
In a nutshell, you don't get credit for the positive things of the account, that's expected. You just get dinged for the negative.