Collection Account...advice needed

[A1Credit]

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@RobertEG wrote:

The FCRA prohibits a consumer from filing their own private civil action based on inaccurate reporting to a CRA until the consumer has first filed a dispute and obtained verification of its accuracy.  FCRA 623(c).

Once you receive verification of accuracy based on a dispute, you then have the right to file a civil action based on lack of a reasonable investigation of your dispute.

While equivalent to asserting knowingly inaccurate reporting, the basis is lack of reasonable investigation of your dispute, and not the fact per se of having reported inaccurate information in violation of FCRA 623(a).

That civil action is based on an assertion that knowingly inaccurate reporting cannot reasonably be verified by the furnisher as accurate.

In essence, the FCRA mandates that a furnisher must first be given the opportunity to correct inaccurate reporting before a consumer can bring civil action.

Filing a complaint with the CFPB is also an option.

The fact of CFPB involvment may be sufficient to get the creditor to update, but if they still refuse, the CFPB would be required to bring their own civil action to force compliance.  The CFPB does not normally initiate civil action based on indvidual consumer complaints, so you are not assured that a CFPB complaint will force compliance.

Your call.......

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@how do I go about bringing civil action @RobertEG?

[rmduhon]

In regards to the DirectTV collection, of the CA still had collection authority when you paid it then all they are required to do is to update the account to paid with a zero balance. DirectTV can't force them to delete after the fact. The chat representative gave you incorrect information.

[Anonymous]

I have an old AT&T collection for 6 years ago that I paid pop up every few years. I just DV or dispute it has paid and it comes off.

[A1Credit]

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@rmduhon wrote:
In regards to the DirectTV collection, of the CA still had collection authority when you paid it then all they are required to do is to update the account to paid with a zero balance. DirectTV can't force them to delete after the fact. The chat representative gave you incorrect information.

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If that is in fact true then that is not my fault that she gave incorrect information.  That is why I got it in writing.

[rmduhon]

I understand that. But getting it in writing from the OC won't have any affect on the CA and whether or not they delete the account.

[A1Credit]

Even if Direct still owns the account?  I was told once over the phone and again in chat by Direct that once paid they would notify the CA of payment and ask for it to be removed.  That is very underhanded of them.

[Anonymous]

Getting items removed under National Consumer Protection Plan is very easy.  We had several small items on mine and dw that were not ours and fell under this. Sent dispute to cra said it was under National Consumer Protection listed all 3 points ie name. address so forth and said these items did match and could not be validated. EXp and TU worked quickly and removed them. One item I had tried getting removed for years and simply would not go away even though it was not DW and then used this and instant removal. Equifax is slower than a snail.    

[A1Credit]

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@Anonymous wrote:

Getting items removed under National Consumer Protection Plan is very easy.  We had several small items on mine and dw that were not ours and fell under this. Sent dispute to cra said it was under National Consumer Protection listed all 3 points ie name. address so forth and said these items did match and could not be validated. EXp and TU worked quickly and removed them. One item I had tried getting removed for years and simply would not go away even though it was not DW and then used this and instant removal. Equifax is slower than a snail.    

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@Anonymous so would I have to send this via mail to the CRAs instead of the standard online dispute process.  Thank you for this info.  I did not know what it was but a quick google search provided great information.  

[RobertEG]

The post relates to a collection, which is not medical and not public record information.

It is not a situation covered under the National Consumer Assistance Plan or the consent agreement between the Office of the AGs of several states and the CRAs.

I would not advise pursuing that route.

Civil action asserting lack of reasonable investigation can be brought in small claims court.  Contact the office of the clerk of the court for procedural details.

The violation is under the explicit provision of FCRA 623(c), which permits civil action seeking damages for lack of reasonable investigation of a dispute.

[A1Credit]

@RobertEG So I cannot use the National Consumer Assistance Plan against Direct TV?