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CA reporting wrong address grounds for removal?

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jwright343
New Contributor

CA reporting wrong address grounds for removal?

I'm battling a local collection agency for a whopping 150$ medical bill over 3 years old.  I've offerd to pay in FULL for a PFD.  They have not responded to two letters.  I have an incorrect address on my CR of someone with same name and same city.  Clearly not my address.  Per Experian, the wrong address is tied to the above company who won't respond to me.  Is their reporting the WRONG address grounds for removal based on incorrect information?  I've already disputed the wrong address w/ TU and EQ and they both removed w/ no hassles at all.  Experian won't remove since it's tied to that TL. 

Message 1 of 5
4 REPLIES 4
RobertEG
Legendary Contributor

Re: CA reporting wrong address grounds for removal?

No, it is not basis for removal of their reporting of their collection itself.

 

When a dispute is filed, be it thru a CRA or directly with the furnisher, the furnisher is required to conduct a reasonable investigation of the asserted inaccuracy, and do one of three things:  verify that their investigation affirms the accuracy as reported, correct the inaccuracy, or delete the disputed information until such time as the inaccuracy is corrected.

 

Inaccurate reporting to a CRA is not, in an of itself, a violation of the FCRA.  No statute can mandate human accuracy.

Rather, a violation of the FCRA occurs when a furnisher reports inaccurate information with the knowledge that it is inaccurate. FCRA 623(a)(1).

 

Additionally, any dispute of accuracy relates only to the information under dispute.  In the case of an asserted inaccuracy in a reproted address, lack of verification or correction would apply only to that information, and not to the reporting that they have legitimate collection authority on the debt.

Message 2 of 5
jwright343
New Contributor

Re: CA reporting wrong address grounds for removal?

thanks for the info sir.  still a little confused with all the verbage there.  So, if i contact this CA and advise them that they're reporting an incorrect address and to remove it immediately......and if they don't, then do i have any recourse?  I guess i'm confused as to how the CRA 'verifies' the address with the reporting agency.  What 'proof' is the reporting agency feeding the CRA that they in turn say it's 'verified'.???  thank god i'm not a lawyer.  Smiley Happy 

Message 3 of 5
takeshi74
Senior Contributor

Re: CA reporting wrong address grounds for removal?

I don't think they do.  Incorrect addresses that are reported to the CRA's need to be corrected with the source IIRC.  Otherwise the incorrect address gets reported on the next update the source has with the CRA.  I'd worry about the collection more than the address.

Message 4 of 5
RobertEG
Legendary Contributor

Re: CA reporting wrong address grounds for removal?

You should contact the debt collector and adkvise them to correct their records/reporting.

You dont want to file a dispute unless you cant get it corrected informally.

 

If they dont or wont correct, you simply send them a direct dispute, and they must either verify that it is accurate as reported, or correct their reporting.

They have 30 days to respond to your direct dispute.  No need to involve the CRA.

 

If you advise them of your correct address, they would be hard-pressed to verify that the address they have is correct, and you are incorrect.

Include something as proof of your current residency, such as copies of bills addressed to you at that current address.

If, on the outside chance they chose to verify, they do not need to provide you with any documentation.  Verification requires only that they provide a statement that they have conducted a reasonable investigation, and have basis for affirming that you dont live where you say you live.

Highly unlikely.

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