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Someone that knows how to read statutes (particularly the FCRA) please help!

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Anonymous
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Someone that knows how to read statutes (particularly the FCRA) please help!

The section that I'm referring to is  623 (a)(8)(G) 
(Exclusion of credit repair organizations.  This paragraph shall not apply if the notice of the dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form supplied to the consumer by, a credit repair organization, as defined in section 403(3), or an entity that would be a credit
repair organization, but for section 403(3)(B)(i).)

Does this mean that a dispute doesn't have to be investigated if the dispute was submitted by a credit repair organization on behalf of the consumer or if the consumer used a form (or template) supplied by a credit repair organization?? 
If not, what does it mean?

and please do not use your personal experience with credit repair companies or the typical results of disptues, etc. I only want to know if I am understanding this specific section of the FCRA correctly. Not to be rude! I just want to understand this specific paragraph and anything else would actually add to my confusion because the only thing that actually matters for my personal needs is the actual law and not the average scenario.

Message 1 of 5
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Anonymous
Not applicable

Re: Someone that knows how to read statutes (particularly the FCRA) please help!

@RobertEG will certainly be able to advise.

Message 2 of 5
RobertEG
Legendary Contributor

Re: Someone that knows how to read statutes (particularly the FCRA) please help!

The FCRA provides for two separate ways to dispute the accuracy or completeness of information contained in your credit file/report.

The first is to send the dispute to the CRA to which the information was reported, and the second is to bypass involvement of the CRA and send the dispute directly to the party who reported the information (the "furnisher")

 

The process for filing a dispute with the CRA is covered under the provisions of FCRA 611, has been in the FCRA since its initial implementation, and is the most commonly used.

The CRA receives the dispute from the consumer, and must forward a copy to the furnisher, along with all relevant information provided by the consumer.  The furnisher must conduct a reasonable investigatiion, and respond back to the CRA, and the CRA then makes the final "reinvestigation" and provides the result to the consumer.

 

However, about a decade ago, the "direct dispute" process, which permits filing of the dispute directly with the furnisher, was implemented under the provisions of FCRA 623(a)(8), with specific implementing regulations then enacted at 16 CFR 660.4.

The CRA is not a party to a direct dispute, and the consumer sends it directly to the furnisher of the disputed information.

 

Direct disputes are substantively the same in content as disputes filed via a CRA, but direct disputes cannot be filed on behalf of a consumer by any credit repair organization, as per the cited section of statute.

The implementing regs also prevent the filing of any direct dispute that pertain to credit inquiries, to public record information, or to personal identifier information of a consumer.  See 16 CFR 660.4(b).  You must use the separate CRA dispute process for such disputes.

 

There is no prohibition against using the separate dispute process of FCRA 611  by filing of your dispute via the CRA if you are using assistance of a credit repair organization,  The posted section of statute only pertains to the direct dispute process.

 

Message 3 of 5
Anonymous
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Re: Someone that knows how to read statutes (particularly the FCRA) please help!

oooooh okay! good to know! thanks!

and for the record - im not considering using a repair agency what so ever. I'm just reading the statue and I wanted to make sure I understood that bit because I couldn't figure it out when I tried to google search for the answer. 

Message 4 of 5
Anonymous
Not applicable

Re: Someone that knows how to read statutes (particularly the FCRA) please help!

Thanks! 

Message 5 of 5
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