topic Re: Violation of FCRA? in Rebuilding Your Credit

Violation of FCRA?

2FixMyCredit — Tue, 26 Feb 2013 14:22:04 GMT

I've posted here before regarding this matter but after looking over my current and old reports I believe the CU is violating my FCRA.

The CU has reaged the debt to show it as reporting in October of 2012 with a large balance as opposed to the original balance and date. It originally was reporting as 2010, now it says report date is 2012 with $70+ added in fees.

This is in fact a violation of the FCRA correct?

Re: Violation of FCRA?

Anonymous — Tue, 26 Feb 2013 14:31:37 GMT

No. They can update whenever they want; that's not the same thing as reaging. They are allowed to add interest and fees for as long as your debts go unpaid and there is nothing preventing them from updating the current balance. Which report are you looking at?

Re: Violation of FCRA?

2FixMyCredit — Tue, 26 Feb 2013 14:34:56 GMT

They have in fact reaged it as I said. The original date of fall off was 2017, now it is 2019. They themselves have told me that it would not have added any additional fee's since statements stopped cutting. I'm looking at all three that say the same thing.

Re: Violation of FCRA?

Anonymous — Tue, 26 Feb 2013 14:40:37 GMT

@2FixMyCredit wrote:
They have in fact reaged it as I said. The original date of fall off was 2017, now it is 2019. They themselves have told me that it would not have added any additional fee's since statements stopped cutting. I'm looking at all three that say the same thing.

If the fall off date has changed, the Date Reported is not to blame; the DOFD is the culprit. Consequently, if the DOFD has changed, then yes, they are violating the FCRA.

Re: Violation of FCRA?

2FixMyCredit — Tue, 26 Feb 2013 14:43:21 GMT

Ha sorry I still haven't gotten the lingo down.

Then yes they did violate, I have sent the an email telling them to delete if they do not I will report to the BBB, FTC and Attorney General.

Re: Violation of FCRA?

Anonymous — Tue, 26 Feb 2013 16:18:23 GMT

@2FixMyCredit wrote:
Ha sorry I still haven't gotten the lingo down.

Then yes they did violate, I have sent the an email telling them to delete if they do not I will report to the BBB, FTC and Attorney General.

Hey, no problem. Also, if you dispute with the CRA's and the CRA's don't delete (edit: or fix, thanks guiness), you can file a complaint with the CFPB.

Re: Violation of FCRA?

rckstrscott — Tue, 26 Feb 2013 15:58:22 GMT

@2FixMyCredit wrote:
Ha sorry I still haven't gotten the lingo down.

Then yes they did violate, I have sent the an email telling them to delete if they do not I will report to the BBB, FTC and Attorney General.

You have the two DOFDs side by side to make comparisons?

Where did you get your reports from??

-scott

Re: Violation of FCRA?

Anonymous — Tue, 26 Feb 2013 15:59:34 GMT

The CRAs do not have to delete. All they need to do is fix the error based on the information provided by the furnisher.

If the furnisher doesn't verify the dispute, or fails to respond then the CRA will delete. But, it can be added back if the furnisher later verifies the information. They you will have to be notified of its reinsertion within 5 days.

Re: Violation of FCRA?

Burned2manybridgesB4 — Tue, 26 Feb 2013 16:18:01 GMT

As to ensure there's no confusion between, DOLA, and DOFD...

OP, are you looking at your DOFD from your equifax reports by chance?

Possibly it's just an updated collection, changing the date.. Nothing can change the true DOFD.

Re: Violation of FCRA?

Anonymous — Tue, 26 Feb 2013 16:19:10 GMT

@Anonymous wrote:
The CRAs do not have to delete. All they need to do is fix the error based on the information provided by the furnisher.

If the furnisher doesn't verify the dispute, or fails to respond then the CRA will delete. But, it can be added back if the furnisher later verifies the information. They you will have to be notified of its reinsertion within 5 days.

I revised my earlier statement. Thanks for the correction.

Re: Violation of FCRA?

2FixMyCredit — Tue, 26 Feb 2013 16:29:35 GMT

What I am looking at is the fact that my report from 01/13/2012 says it is to be recorded until 2017 while my new report is saying until 2019. They had to have changed something in order to add an additional two years to it, right?

Re: Violation of FCRA?

Burned2manybridgesB4 — Tue, 26 Feb 2013 16:35:27 GMT

Look at the payment "blocks," and check for variances between the green ok's, if you have the online report in front of you.

..how is this debtor reporting? Collection, factoring company, open, closed?

Re: Violation of FCRA?

DaBears — Tue, 26 Feb 2013 16:39:49 GMT

If the DOFD was changed and both CR's can show that it is a clear violation of the FCRA. Did you make any payments to them or agreed to anything with them?

Re: Violation of FCRA?

Burned2manybridgesB4 — Tue, 26 Feb 2013 16:41:38 GMT

All your DaBears. I'm off. My bedtime. I'll read it later on tonight.

Re: Violation of FCRA?

2FixMyCredit — Tue, 26 Feb 2013 16:50:06 GMT

@DaBears wrote:
If the DOFD was changed and both CR's can show that it is a clear violation of the FCRA. Did you make any payments to them or agreed to anything with them?

No, no payment arrangements or anything. The only reason I even caught this is because I found all my reports I pulled from Jan 2012 and it clearly shows the fall off date is 2017 but the new dates show 2019. This is showing as a charge off and was updated on my credit Oct 2012.

Re: Violation of FCRA?

DaBears — Tue, 26 Feb 2013 16:52:32 GMT

Can you post both reports?

Re: Violation of FCRA?

2FixMyCredit — Tue, 26 Feb 2013 16:55:49 GMT

I will have to get them scanned onto the computer so it will probably be this afternoon but I definitely will!

Re: Violation of FCRA?

rckstrscott — Tue, 26 Feb 2013 17:08:01 GMT

@2FixMyCredit wrote:
@DaBears wrote:
If the DOFD was changed and both CR's can show that it is a clear violation of the FCRA. Did you make any payments to them or agreed to anything with them?
No, no payment arrangements or anything. The only reason I even caught this is because I found all my reports I pulled from Jan 2012 and it clearly shows the fall off date is 2017 but the new dates show 2019. This is showing as a charge off and was updated on my credit Oct 2012.

Fall Off Dates can be wrong. They are wrong alot.

We need to see the concrete DOFD when you get a chance to scan.. are they third party reports or direct from the CRA?

-scott

Re: Violation of FCRA?

RobertEG — Tue, 26 Feb 2013 17:42:20 GMT

I agree with rckstrscott.

As I understand the thread of the post, the OC reported a charge-off on the account, which required them to report the DOFD on their account to the CRA within 90 days thereafter.

The issue is apparently the assumption, based on a restatement of the expected CR exclusion date, that the OC has now reported a new DOFD of two years later.

They apparently updated the current balance on the account. That is not reporting of an updated DOFD. While the reporting of the updated balance may have occured at the same time the expected exclusion date was changed, that does not mean that the OC actually reported a change in the DOFD. CRAs generate expected exclusion dates, they are not "reported" by the creditor.

One needs conclusive evidence that they actually reported an updated DOFD, and that the update is inaccurate, in order to support a dispute.

Unless the CR clearly states the DOFD, one would need to get the actual DOFD reported to the CRA in order to assert a violation of FCRA 623(a)(5), which controls the reporting of a DOFD. That can be done by way of a request under FCRA 609(a)(1).

If a dispute is filed regarding the accuracy of the reported DOFD that is supported by documentation of actual DOFD, the issue on dipute would be the correction of that reporting, not of the CO.

The CRA, under their reinvestigation of accuracy, will reinvestigate the accuracy of that date.

I dont see deletion of a DOFD as a possible outcome, as that would leave the file with no DOFD upon which they can determine the max statutory exclusion date.

If the CRA determines either that the new reporting is inaccurate or that they did not report a new DOFD, then the resolution would be acceptance of what the consumer asserts in the dispute.... use of the prior DOFD.

I dont see that the issue is ripe for establishing a clear, improper reaging of a reported DOFD.