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  1. #1
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    Nov 2009
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    Default Reinvestigation Data Furnisher

    My question involves a credit report problem in the State of: Delaware
    My question involves reinvestigation procedure for a puiblic judgement record. I had a judgement reported to all three credit bureaus. I disputed with all three. Experian verified in 4 days. I requested results including the data furnisher. They refused to give me the details of how they confirmed the record. I was told they use a bonded company to collect the data from the court which they refuse to provide anty info on.
    My legal question is this:
    Is the third party agency collecting the data constitute a data furnisher according to:
    611.(6)(B) (iii)Procedure in case of disputed accuracy [15 U.S.C. 1681i]
    If so, then it appears to me they have clearly violated the FCRA, by adamently refusing to provide that info. They have refused to provide any proof of investigation other than "we told you we investigated"
    I was told by the court they do not verify with the credit bureaus. I don't think they conducted a real investigation and the court was not contacted at all.
    Has anyone had any success suing the credit bureaus? any precedence on this?
    Thanks

  2. #2
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    Default Re: Reinvestigation Data Furnisher

    Quote Quoting FCRA 611.(6)(B)
    (B) Contents. As part of, or in addition to, the notice under subparagraph (A), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph (A)
    (i) a statement that the reinvestigation is completed;

    (ii) a consumer report that is based upon the consumer's file as that file is revised as a result of the reinvestigation;

    (iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available;

    (iv) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the information; and

    (v) a notice that the consumer has the right to request under subsection (d) that the consumer
    Perhaps, due to the way they collect information, the information is not "reasonably available". I can't speak for them.

    Are we to assume that you're trying to get accurate information about a judgment removed from your credit reports?

  3. #3
    Join Date
    Nov 2009
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    13

    Default Re: Reinvestigation Data Furnisher

    I do intend to go to sue, so I will not cloud the issue about whether the judgement info is accurate, some is, some isnt. Yes I will probably back off if they delete the info. One CRA has it listed twice, one has wrong court address, one is 90% right

    My issue is in regards to the credit bureau investigation only.
    They provided they name of the court as the data furnisher.
    My legal quesation is this: does an "agency" that collects data from the court on a regular basis constitute a data furnsher under the FCRA.
    Read: (iii)........ANY furnisher..................
    I was told by the credit bureaus, conflicting information: Verified electronically; by mail; by someone going to the court and looking up the information.
    If the agency or person that collects the data from the court is the legal data furnisher: then it appears to me the credit bureau is clearly not complying with the law.

    Keep in mind this: I was told specifically by the JP court that they DO NOT PROVIDE OR VERIFY information to any credit bureaus
    I think, and based on what I have gathered from others who have pursued this, thay they did not conduct an investigaion at all. Why should they go to the expense if they can just look on E-Oscer or wherever and verify there? Untli someone calls them on it: of course they are going to conduct a "token" investigation.
    I read this here:
    http://smallbusiness.yahoo.com/r-ans...h+Disabilities
    "CRA's NEVER request verification from the courts, they get their verification from 3rd parties such as the creditor, collector, Lexis Nexis, Pacer, etc - though many times they will "claim" the court verified - which is an unprovable lie)"


    I also read a court ruling (lost the link) that simply looking up the information with an electronic data furnisher Does not constitute an investigation.


    My interpretation of this line : including the business name and address of any furnisher of information contacted in connection with such information

    and the telephone number of such furnisher, if reasonably available;
    is that the "AND" refers to the phone number only.
    How can they reasonably verify information without a business mname and address.

    Disclaimer: I Can speel, just a lousy typist

  4. #4
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    Default Re: Reinvestigation Data Furnisher

    Last I knew we were talking about a single judgment, so "Some is, some isn't" makes no sense as a response. It is perfectly lawful to report a valid debt, so you have no actual damages relating to the reporting of a valid judgment debt.

    You may be able to make a case for statutory damages of $100 - $1,000 if you can convince a judge that the noncompliance is willful; is that what you had in mind?

  5. #5
    Join Date
    Nov 2009
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    13

    Default Re: Reinvestigation Data Furnisher

    Does that mean they dont have to follow the FCRA if they assume the credit report entry is accurate, or if it is accurate but they dont know it is?
    My legal argument has nothing at all to do with the item being reported, simply their failure to comply with the rules for conducting an investigation to verify said item, and to report the results of the investigation to the consumer.
    I assume it would be an issue for a judge's opinion and beyond the scope here, but my main question was if a data collection agency should be reported as a data furnisher.

    If they credit bureaus are not investigating with the actual court, then they really have no knowledge of whether the information is right or wrong. To answer your question, one CRA has the item reported twice with 2 numbers, one has it reported at a court address where there is no court anymore. (that CRA deleted the item on another defendents report and verified on mine).

  6. #6
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    Default Re: Reinvestigation Data Furnisher

    The statute means what it says. If you believe your evidence demonstrates willful noncompliance, you can argue that to the court.

    If a third party furnished the data, it would follow that they're a data furnisher. If not, then there is no third party involved.

    The fact that the court doesn't automatically report information to CRA's doesn't mean that they, their agents, or data furnishers they use don't obtain the information from the court.

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