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Disputing help

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odjohnson3
Regular Contributor

Disputing help

Hello all, I've been disputing for a while now and in the past, when this happens, I'd normally jus follow up with another dispute.

My question is....
Is there a violation if every item in dispute is not given attention? They hadn't deemed it as frivilos. They simply did not address a few accounts in dispute.

For example.

I disputed one collection account, that was addressed an verified.

Some personal information that was corrected and updated.

But I also disputed late payment history on 2 different accounts that was simply overlooked and not addressed.

Is that wilful non-compliance?
Can I enforce the 30 day rule in a follow up letter showing the original dispute sent?

Do I have any options in my favor or am I jus re-submitting my dispute as a new dispute?

Thank you for any help
Message 1 of 5
4 REPLIES 4
RobertEG
Legendary Contributor

Re: Disputing help

Are you asking whether overlooking something is per se evidence that they were willfully noncompliant as opposed to simply negligent?

Is your concern the applicability of the limitation on liability of a CRA under FCRA 610(e)?

FCRA 610(e):

  • Limitation of liability. Except as provided in sections 616 and 617 [§§ 1681n and 1681o] of this title, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency, based on information disclosed pursuant to section 609, 610, or 615 [§§ 1681g, 1681h, or 1681m] of this title or based on information disclosed by a user of a consumer report to or for a consumer against whom the user has taken adverse action, based in whole or in part on the report, except as to false information furnished with malice or willful intent to injure such consumer.
Message 2 of 5
odjohnson3
Regular Contributor

Re: Disputing help

Well I'm asking at what point can they be held responsible for neglecting to dispute the information that is incorrect?

If it's not said to be wilful non-compliance....shouldn't they be held to the timeline set forth by the FCRA?

Clearly they got the dispute if other items were treated with attention
Message 3 of 5
RobertEG
Legendary Contributor

Re: Disputing help

I would simply file a renewed dispute limited to the information not previously considered.

If they then refuse to consider, you would have basis for asserting willful noncompliance.

 

As an aside, including multiple items of asserted inaccuracy in the same dispute would likely be mitigation against any holding of willful noncompliance.   It creates admin problems for the CRA in handling the dispute, and in my opinion, should be avoided by the consumer.

The CRA is, for example, required to forward a copy of the dispute to the party who furnished the disputed information.

If more than one furnisher is involved in a dispute, that creates clear admin problems for the CRA in having to then produce multiple, sanitized copies of the dispute for each furnisher.

Message 4 of 5
odjohnson3
Regular Contributor

Re: Disputing help

Thank you...much appreciated.
And your advice on multiple disputes makes sense
Message 5 of 5
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