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FTC & 3rd Party Complaints Against CRAs

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FTC & 3rd Party Complaints Against CRAs

I'm planning to submit FTC complaints, BBB complaints, & AG complaints against EX & EQ, but I don't want to cut off my nose to spite my face.  Both of them refuse to remove disputed, inaccurate items in which they:
 
1.  Refuse to provide MOV...They did respond w/i 15 days but they only provide info on how their dispute process is supposed to work.
 
2.  Failed to actually verify accounts - I have proof in writing from OC that they were never contacted by CRA about the account.  I wrote OC and accused them of FCRA violations and sent a copy of the report that shows CRA verified account with them.
 
3.  Failed to remove PRs when provided documentation on court letterhead (Clerk of Court & US BK Court) that they have no dealings with the CRAs in  any shape, fashion or form so they can't be data furnishers.  I have inaccurate information in the PRs but I can't get them corrected so my only option is to go the route of the MOV to find out who the real data furnisher is since it is not the courts.
 
I do have a NACA attorney waiting in the wings to move forward with a lawsuit.  I really rather have the items off my credit report, but cash is a good thing too if I'm awarded damages & fines. Smiley Very Happy
 
Any advice is appreciated.
Message 1 of 8
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Established Contributor

Re: FTC & 3rd Party Complaints Against CRAs

bump
Message 2 of 8
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Re: FTC & 3rd Party Complaints Against CRAs

I was in a similar situation with a PR that I disputed with the CRAs. EQ never responded to the dispute, so I filed with the FTC. TU responded well after 60 days, so again I filed with the FTC. TU then did come back verifited, so I sent an MOV. They sent me their formulated response about not having to provide documentation, so I sent a second MOV, demanding documentation or deletion. They deleted. I'm not sure exactly which tactic made them delete, but it did work. As for EQ, I'm sure it was the FTC complaint that got them to delete. Now I am doing what you are with an MOV with EX to get them to delete. I'll let you know how I make out. Feel free to share if you have success.
 
Good luck!
 
 
Message 3 of 8
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Re: FTC & 3rd Party Complaints Against CRAs



adamseve wrote:
I'm planning to submit FTC complaints, BBB complaints, & AG complaints against EX & EQ, but I don't want to cut off my nose to spite my face.  Both of them refuse to remove disputed, inaccurate items in which they:
 
1.  Refuse to provide MOV...They did respond w/i 15 days but they only provide info on how their dispute process is supposed to work.
 
2.  Failed to actually verify accounts - I have proof in writing from OC that they were never contacted by CRA about the account.  I wrote OC and accused them of FCRA violations and sent a copy of the report that shows CRA verified account with them.
 
They don't have to verify with the OC. They have to verify with whoever furnished the information to them. If this is for a PR, chances are the courts or the OC neither one provided the information, but another company like LexisNexis.
 
3.  Failed to remove PRs when provided documentation on court letterhead (Clerk of Court & US BK Court) that they have no dealings with the CRAs in  any shape, fashion or form so they can't be data furnishers.  I have inaccurate information in the PRs but I can't get them corrected so my only option is to go the route of the MOV to find out who the real data furnisher is since it is not the courts.
 
 
I do have a NACA attorney waiting in the wings to move forward with a lawsuit.  I really rather have the items off my credit report, but cash is a good thing too if I'm awarded damages & fines. Smiley Very Happy
 
Any advice is appreciated.



IMO, if you are prepared to as far as suing, I would send them an ITS letter. I would explain that the PR are inaccurately reported, you disputed this, and they verified. You asked them to provide a method of verification used, along with contact information regarding the company/person furnishing the information to them. You have paperwork from your local courts and the United States Bankruptcy Court showing that they have not provided them with any information.
 
I would point out that FCRA 611(a)(6)(B)(iii) states that if requested by the consumer, the credit reporting agency is to provide a description of the procedure used to determine the accuracy and completeness of the information, including the business name and address of any furnisher contacted in connection with such information and the telephone number of such furnisher, if reasonably available.
 
FCRA 611(a)(7) states this information shall be provided within 15 days of request.
 
I would add something along these lines..............
 
If the business name, address, or telephone number of the furnisher of information in connection with the above referenced accounts is not reasonably available, you would like a reason why. (I dont know that they are required to tell you this, but I am sure in court they would have to tell the judge)
 
This letter shall serve as a notice of my intent to file suit against your company if you continue to be non compliant of the FCRA.
 
All documents and letters sent to your company and received from your company will be turned over to my lawyer sixteen days after you receive this letter, if I have not received the above requested information.
 
 
Just be prepared that you are willing to go this far, don't make an empty threat.
 
Of course, send CMRRR.
 
 
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Message 4 of 8
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Re: FTC & 3rd Party Complaints Against CRAs



sidewinder wrote:


adamseve wrote:
I'm planning to submit FTC complaints, BBB complaints, & AG complaints against EX & EQ, but I don't want to cut off my nose to spite my face.  Both of them refuse to remove disputed, inaccurate items in which they:
 
1.  Refuse to provide MOV...They did respond w/i 15 days but they only provide info on how their dispute process is supposed to work.
 
2.  Failed to actually verify accounts - I have proof in writing from OC that they were never contacted by CRA about the account.  I wrote OC and accused them of FCRA violations and sent a copy of the report that shows CRA verified account with them.
 
They don't have to verify with the OC. They have to verify with whoever furnished the information to them. If this is for a PR, chances are the courts or the OC neither one provided the information, but another company like LexisNexis.
 
The OC is the data furnisher, a credit union.
 
3.  Failed to remove PRs when provided documentation on court letterhead (Clerk of Court & US BK Court) that they have no dealings with the CRAs in  any shape, fashion or form so they can't be data furnishers.  I have inaccurate information in the PRs but I can't get them corrected so my only option is to go the route of the MOV to find out who the real data furnisher is since it is not the courts.
 
 
I do have a NACA attorney waiting in the wings to move forward with a lawsuit.  I really rather have the items off my credit report, but cash is a good thing too if I'm awarded damages & fines. Smiley Very Happy
 
Any advice is appreciated.



IMO, if you are prepared to as far as suing, I would send them an ITS letter. I would explain that the PR are inaccurately reported, you disputed this, and they verified. You asked them to provide a method of verification used, along with contact information regarding the company/person furnishing the information to them. You have paperwork from your local courts and the United States Bankruptcy Court showing that they have not provided them with any information.
 
I would point out that FCRA 611(a)(6)(B)(iii) states that if requested by the consumer, the credit reporting agency is to provide a description of the procedure used to determine the accuracy and completeness of the information, including the business name and address of any furnisher contacted in connection with such information and the telephone number of such furnisher, if reasonably available.
 
FCRA 611(a)(7) states this information shall be provided within 15 days of request.
 
I would add something along these lines..............
 
If the business name, address, or telephone number of the furnisher of information in connection with the above referenced accounts is not reasonably available, you would like a reason why. (I dont know that they are required to tell you this, but I am sure in court they would have to tell the judge)
 
This letter shall serve as a notice of my intent to file suit against your company if you continue to be non compliant of the FCRA.
 
All documents and letters sent to your company and received from your company will be turned over to my lawyer sixteen days after you receive this letter, if I have not received the above requested information.
 
 
Just be prepared that you are willing to go this far, don't make an empty threat.
 
Of course, send CMRRR.
 
 


The MOV letters stated all of the above.  I even CMRRd and faxed the MOV letters to their legal counsel.  My NACA attorney is reviewing case law at this time and I hope we're ready to rock 'n roll with suing soon.  Oh, I'm so ready to get these folk.
Message 5 of 8
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Re: FTC & 3rd Party Complaints Against CRAs

When the bureaus send their responces on each item it says you can contact and it gives the name of the company, phone number, and addres......so itsnt that complying with MOV?

Message 6 of 8
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Re: FTC & 3rd Party Complaints Against CRAs

I have done the FTC route... did nothing, CFPB closed the case because "Equifax promised a fair investigation" and those idiots believed them, and once it was NOT a fair investigation I went to reopen and 1) you can not reopen a case and 2) you can not open another case against the same company.......

 

ohh and what is the fair investigation you may ask??

 

After fighting and swearing and maybe a threat for 2 for hours on the phone with 2 supervisors I got my answer.....

 

"They proved the debt is your because they have your name / address and DOB" ..................................

 

that was the serious response, my reply was "Well no S*it if they did not have that info I don't think they could even place it on my report can they????????"

 

"no Sir they couldn't"

 

at this point I just hung up.

 

but long and short of it, if they give the SAME details they had to give to get it on your report in the first place... they win

Message 7 of 8
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Re: FTC & 3rd Party Complaints Against CRAs

As for the issue of the method of verification of public record information, that is the subject of the pending class action litigation in Jenkins et aL v. Equifax, with a settlement agreement having been proposed and accepted by the court, and consumers notified of how to claim award under the settlement agreement.

 

For a detailed discussion of the issues and resolution, see  https://eclaim.kccllc.net/caclaimforms/eqj/Faqs.aspx#q2

Message 8 of 8
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