Lexis Nexis - Clue Report

[JohnDoe12]

My Lexis Nexis CLUE report shows me as the primary policy holder for a policy I didn't own. Now I'm being denied auto insurance because the others listed on the policy suffered losses.

My usual strategy with the big 3 is to dispute with the CRA and if it is not removed, follow up with a validation letter with the OC stating that they confirmed to the CRA incorrect info. If they do not validate the info (which they will not be able to) and refuse to remove it from the CRA then I believe I can collect $1000 if I can prove the info is wrong in court. 

Any advice on how to handle this?  

Thanks!

JD12

[gdale6]

I would dispute it in the same way you would with the big 3, they are an aggregator of credit info making them subject to the same laws.

[RobertEG]

Before you can sue anyone regarding the accuracy of their credit reporting, you must first file a dispute with the CRA to which the information was reported, and get a decision on that dispute.  A consumer has no right to bring their own civil action against a furnisher for the accuracy of their reporting per se.  It was the specific intent of congress when enacting the FCRA not to dissuade voluntary reporting of information to the CRAs, so they made their initial reportiing immune from civil suits by a consumer.

To obtain the right to sue, the consumer must first file a dispute with the CRA, and if the accuracy is verified, the consumer can then sue the furnisher for a lack of reasonable investigation of the dispute rather than suing in the first instance for their having made the asserted inaccurate reporting.  FCRA 623(c).

There is no procedure under the FCRA for requiring a furnisher to send you separate validation/verification of their confirmation of accuracy that was supplied back to the CRA in the dispute process.

The CRA is required to forward a copy of the dispute to the furnisher, and the furnisher is then required to conduct a reasonable investigation and provide the results of that investigation back to the CRA.  Thus, the furnisher HAS provided verification back to the CRA.  Insisting that they do so again by sending you validation is redundant and not required.

File your dispute with the CRA.  If it is verified, you have confirmation that the furnisher has verified, and if you still disagree, then you can bring civil action and compel evidence supporting the reasonableness of that verification.  You cant compel such evidence in an admin FCRA dispute process.