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Equifax Misinterpreting NYS Fair Reporting Act

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mflanny
Established Member

Equifax Misinterpreting NYS Fair Reporting Act

So I'm dealing with removing an item from my credit report as mentioned here:

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Trying-to-remove-a-satisfied-judgement-and-im...

 

But came upon a new issue, so started this new topic.

 

It turns out a paid, satisfied judgment on my report was originally filed 7/2007.  In NYS, according to the NYS Fair Reporting Act, satisfied judgments are removed from the report after 5 years from the date filed.  I spoke with someone at Equifax, and after being on hold for five minutes, they told me they pulled up some internal documents and said it was 5 years from the date paid, not filed, and for me, that was one year later, May of 2008, so I have another year to wait.

 

I started ANOTHER dispute and faxed them the appropriate section of the NYSFRA, but also a section from THEIR OWN FAQ PAGE, here:

 

http://www.equifax.com/answers/request-free-credit-report/en_cp

 

where it states: "New York State Residents Only…Satisfied judgments remain on your credit file for five years from the date filed."

 

She wouldn't budge on the phone when I pointed this out, so I have to wait another two weeks or so to find out what they will do.

 

 

Message 1 of 7
6 REPLIES 6
drkaje
Senior Contributor

Re: Equifax Misinterpreting NYS Fair Reporting Act

Are they interpreting the law to mean 5 years from when satisfaction of judgement was entered?

 

"(ii) judgements which, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period; or judgments which, from date of entry, having been satisfied within a five year period from such entry date, shall be removed from the report five years after such entry date;"

 

This comes up all the time. You can actually call the AG's office and ask for a clarification. Knowing what their response was would help a lot of people. Smiley Happy


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Message 2 of 7
RobertEG
Legendary Contributor

Re: Equifax Misinterpreting NYS Fair Reporting Act

The language is pretty unambiguous, at least to me.

If you pay within 5 years from date of entry of the judgment, the five year exclusion provision applies.

If you pay at six years from date of entry, it does not become retroactive.

Message 3 of 7
mflanny
Established Member

Re: Equifax Misinterpreting NYS Fair Reporting Act

Update!

 

The NYS AG's office official response was: Due to the Freedom of Information Act, they cannot resond to my question of clarification over the phone.  I have to send it in writing.  Course, they asked for my name and phone number after I asked it and before they said they couldn't respond, so someone might come to my house and take me out.  Regardless, I mailed them an official complaint about this situation.

 

I also filed complaints with the FTC and BBB.

 

I called Equifax today and asked if they received my faxed documents and they said their department wouldn't get them for 3-4 days.  I asked if I could contact the department that had them to confirm they were received and they said no.  So I sent another fax telling them I had filed complaints with the three organizations and asking them to expedite my dispute.

 

We'll see what happens...

Message 4 of 7
mflanny
Established Member

Re: Equifax Misinterpreting NYS Fair Reporting Act

Minor update...

 

The online tracking of the dispute listed it as "Ready" today, but when I clicked on it it was just a copy of my credit report.  It even started with a letter that began "thank you for requesting a copy of your credit report..."

 

I called Equifax to find out what the deal was and was on the phone, on hold and off, for over 30 minutes.  The representative kept telling me that the Judgment was still in dispute, but couldn't confirm it in writing or explain why the online tracking resulted in my report being sent.  Finally, she came back on and said if it was listed as Ready then the dispute was complete.  I again said I hadn't received a dispute result notification, so she put me on hold and eventually came back on and said "the judgment is listed as satisfied."  I told her I know, but I was disputing the fact that it should have already been deleted based on the law.  Throughout this process I asked for a supervisor, but the supervisor was "on another call" or "couldn't be found."

 

So here I am, on hold, and it's after 5 here, so I doubt I will have any solution until Monday.

 

Thoughts?  Should I get a lawyer friend of mine to do something?  Add this to my existing complaints?

Message 5 of 7
mflanny
Established Member

Re: Equifax Misinterpreting NYS Fair Reporting Act

Latest minor update...

 

Finally got a supervisor.  They are interpreting the law as 5 years after date paid.  When I told her I didn't get a dispute result in writing, she said they'd email it.  Now I wait for the results of the complaints and see if something can be done.

Message 6 of 7
mflanny
Established Member

Re: Equifax Misinterpreting NYS Fair Reporting Act

Solved!  After my two phone complaints, faxed complaint, certified-mail complaint, and filing with the BBB, the FTC, and the NYS AG, I have a resolution.

 

I received two letters from Equifax on the same day, one dated June 29 (the date of my second phone call) which was a copy of my credit report.  No mention of a dispute, though the report still had the judgment on it.  The second latter, dated July 2, said that the disputed judgment did not appear on the report.  And my credit score jumped from 713 to 769 and the Equifax report indeed does not have the judgment anymore.  And just in time to apply for a mortgage!

 

So it seems that either 1) the judgment was scheduled to be deleted at the legally indicated time and no one I spoke with on the phone or filed a dispute with knew this or 2) they removed it due to my many disputes but didn't send a letter indicating that the result of a dispute was removal.  I'm guessing the former.

 

So lessons learned:

1. Don't ever call Equifax and expect a solution.  Call them to get information, follow up on disputes for MOV puprposes, etc, but don't expect solutions to anything.  They don't seem to know much about the company they work for...or the law...

B. Wait until after the item is supposed to be removed before disputing.  They don't seem to know when something is supposed to be deleted, but you should, and if it's not gone by then start some paperwork.

4. Look both ways before crossing the street.

Message 7 of 7
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