can the cfpb force a cra to remove an entry after 30 days?

[bourgogne]

hypothetical question.  say an inquiry was made into tax liens to ex and tu, not a dispute just a prove your reporting by sending me the what the recorder has on file sort of deal - verification of their reporting.  say the inquiry was sent via usps certified and say 30 days has now passed.  will the cfpb just lean on the cra to finish the task or can a request be made to the cfpb to have the cra do a removal as 30 days have lapsed?

thank you.  happy new year!

[RobertEG]

Requests to a CRA for information of record in their credit file are covered under FCRA 609(a).

Such requests must include, at a minimum, identification of the information requested, proof of your identity, and payment of the processing fee required under FCRA 612(g), which is currently $12.00.

I assume that your request fully complies with each of these requirments.

However, such requests do not require the CRA to verify the accuracy of the information, and are not required to be responded to within a set period, such as 30-days.  The 30-day period applies only if the consumer is filing a formal dispute under FCRA 611.

Verification or correction is only mandated in response to a dispute, and information requests under section 609 only involve disclosure of what is in your file or how it was obtained, not verification of its accuracy. 

CRAs dont have original business documents and records that provide any basis for verification of accuracy of the information.  Verification by the furnisher is mandated only if the consumer files a dispute under the provisions of FCRA 611, which then requires the CRA to refer the dispute to the furnisher of the information, and then requires the furnisher to conduct a reasonable investigation and respond back to the CRA, either verifying, correcting, or deleting the disputed information.

As for the ability of the CFPB to mandate compliance by a CRA, assuming there is a violation of some provision of the FCRA, the CFPB will contact the CRA and request their response.  They can advise and request correction or deletion, which can result in the CRA agreeing via a consent agreement with the CFPB to take the requested action.  However, CRAs are private businesses, and have their right to due process.

If the CRA refuses to take a recommmended action by the CFPB, then the CFPB can, either themselves or via representation by the FTC, bring civil action before the courts seeking an order of compliance.  

However, the CFPB and the FTC will not normally initiate their own civil action based on individual consumer complaints.  They normally reserve the expenditure of assets to violations shown to involve numerous consumers or repeated violations.  They maintain a complaint database to record such information.

[bourgogne]

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@RobertEG wrote:

Requests to a CRA for information of record in their credit file are covered under FCRA 609(a).

Such requests must include, at a minimum, identification of the information requested, proof of your identity, and payment of the processing fee required under FCRA 612(g), which is currently $12.00.

I assume that your request fully complies with each of these requirments.

However, such requests do not require the CRA to verify the accuracy of the information, and are not required to be responded to within a set period, such as 30-days.  The 30-day period applies only if the consumer is filing a formal dispute under FCRA 611.

Verification or correction is only mandated in response to a dispute, and information requests under section 609 only involve disclosure of what is in your file or how it was obtained, not verification of its accuracy. 

CRAs dont have original business documents and records that provide any basis for verification of accuracy of the information.  Verification by the furnisher is mandated only if the consumer files a dispute under the provisions of FCRA 611, which then requires the CRA to refer the dispute to the furnisher of the information, and then requires the furnisher to conduct a reasonable investigation and respond back to the CRA, either verifying, correcting, or deleting the disputed information.

As for the ability of the CFPB to mandate compliance by a CRA, assuming there is a violation of some provision of the FCRA, the CFPB will contact the CRA and request their response.  They can advise and request correction or deletion, which can result in the CRA agreeing via a consent agreement with the CFPB to take the requested action.  However, CRAs are private businesses, and have their right to due process.

If the CRA refuses to take a recommmended action by the CFPB, then the CFPB can, either themselves or via representation by the FTC, bring civil action before the courts seeking an order of compliance.  

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Hi Robert!  guess we have moved past hypothetical lol.  the wording 'inquiry' was done vs a 'dispute' based on your recommendation or at least how I interpreted your response in a post I did or read.  sorry, some of the formatting has been lost.  based on the below being sent what would be your advice/next move if I dont get a response in 30 days?  Thank you and Happy New Year!

December XX, 2017

DELIVERED VIA UNITED STATES POSTAL SERVICE CERTIFIED MAIL

TransUnion LLC

Consumer Dispute Center

P.O. Box 2000

Chester, PA 19016

Re:       Account Inquiry

First M Last

Gentlepersons:

This is not a dispute.  I am requesting an informal inquiry pertaining to the (#) public records in my TransUnion credit file.  This inquiry is based on James Jenkins, et al., v. Equifax Information Services LLC website Civil Action No. 3:15-cv-00443-MHL.   I am citing TransUnion’s internal policy and your agreement with the National Consumer Assistance Plan.  According to the plan, each of my (#) entries must include the following information; my name, address and either my full social security number (not redacted) or my date of birth as my signature block illustrates. I would like the specific details of each entry to prove compliance as well as proof that there has been a court visit within the past 90 days to validate any changes that may have happened pertaining to my records.  EQ removed all (#) of the entries, see below.  I would assume since the data all comes from the same furnishers and is identical you will do the same.

If the minimum public record information does not exist I would kindly request that the entry be removed in its entirely.

I look forward to your anticipated cooperation pertaining to this matter. 

Very truly yours,

Signature + Block

[RobertEG]

Your letter is only an informal request that they review your file.  It does not impose any set period for any response.

It is certainly a good first step, avoiding a formal dispute that can temporarily disrupt your credit scoring.

However, if you wish to impose a period for response, you must move to a formal dispute under FCRA 611.

The basis for your dispute, if you have a copy of the posted public record, would be a showing that it lacks one or more of the required elements as set forth under the National Consumer Assistance Plan.

The minimum requirments are your name, address, and at least your current DOB or your SSN.

If you send a formal dispute, they are required to complete their reinvestigation within 30 days.  They then have an additionally 5 business days to send their Notice of Results of REinvestigation, which could amount to up to 7 additional days.

Add mailing time, and a formal response could take at least a month and a half to hit your mailbox.

There is no requirment that you must receive the results within 30-days.

[bourgogne]

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@RobertEG wrote:

Your letter is only an informal request that they review your file.  It does not impose any set period for any response.

It is certainly a good first step, avoiding a formal dispute that can temporarily disrupt your credit scoring.

However, if you wish to impose a period for response, you must move to a formal dispute under FCRA 611.

The basis for your dispute, if you have a copy of the posted public record, would be a showing that it lacks one or more of the required elements as set forth under the National Consumer Assistance Plan.

The minimum requirments are your name, address, and at least your current DOB or your SSN.

If you send a formal dispute, they are required to complete their reinvestigation within 30 days.  They then have an additionally 5 business days to send their Notice of Results of REinvestigation, which could amount to up to 7 additional days.

Add mailing time, and a formal response could take at least a month and a half to hit your mailbox.

There is no requirment that you must receive the results within 30-days.

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I dont have the records, was going to use courthousedirect but I really did not want to toss $ at something if it was not needed.  taking care of the few petty PR's was on my todo list for this year and I was shocked when they are vanished off EQ.  will the cra's do anything with the letter I sent or should I just do a formal dispute?  I dont care if my scores take a hit, I am not seeking credit in 2018.  for a change lol

[JVille]

If you have the Recording #’s any Customer Service Dept of a local Title Company in the County recorded will pull you the documents and email them to you. Just went thru this on a loan I’m getting. This is a FREE service but you need to be super nice and polite and in about 30 min (or less) you will be able to see the actual recorded court document. Then you can see if it complies with the Requirements and show proof to get the item removed. No waiting or guessing.

[bourgogne]

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@JVille wrote:
If you have the Recording #’s any Customer Service Dept of a local Title Company in the County recorded will pull you the documents and email them to you. Just went thru this on a loan I’m getting. This is a FREE service but you need to be super nice and polite and in about 30 min (or less) you will be able to see the actual recorded court document. Then you can see if it complies with the Requirements and show proof to get the item removed. No waiting or guessing.

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I just told them I was you and they gave me all the reports lol.  but seriously, i dont think that a beer is going to quite cover the favor you just gave me.  thank you very much!!!  I had all the reports in >4 min.  question:  my name and address is there.  no dob on anything.  on the ssn, its either XXX-XX-1234 or its got a black mark through the first part/5 #s and there is only the last 4 digits.  does it not have to be the full ssn, not redacted in any way?

[JVille]

LOL 😊

[bourgogne]

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@JVille wrote:
LOL 😊

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huge thanks but don't leave me hanging, does it have to be the full ssn - all 8 digits displayed?

[JVille]

Actually a glass of Chardonnay would be just perfect 😊
Once you have the actual recording numbers it is so easy to get copies for free. The Title Companies are wonderful as long as you as politely. Great resource that people do not know about!