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#1
 
Old 04-21-2011, 07:06 PM
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Default 45 days vs 30 days investigaton

The law says that If I have pulled an report from annualcreditreport.com to dispute,they have 45 days to investigate but If I am using a paid report such as trucredit.com,they just have 30 days to investigate the dispute.


My question is,If I have pulled the annualcreditreport.com report one month ago(giving them a 45 days since they've now seen the soft inquiry) but now I started pulling the paid truecredit report,which one do they use? still 45 days in spite of the fact that I have turned to paid report?


Am I doomed for the 45 days period forever (some say for a year) just because I pulled a single transunion score from annualcreditreport.com a month ago even though I am now signed up for the truecredit.com?

The law is kinda vague about how long CRAs can continue to use the "45 days" investigation time limit after I pulled an annualcreditreport.com report..Does the 45 days limit gets invalidated once I pulled an paid report,turning it back to 30 days?


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#2
 
Old 04-24-2011, 04:17 AM
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What statute are you relying upon to draw the conclusion that pulling of a credit report, regardless of the source, has any impact on the dispute process?

The extended 45-day time limit to complete an investigation of a dispute is set forth under FCRA 611(a)(1)(B), and applies to situations where, after having filed a dispute, the consumer sends additional information pertaining to the dispute. The submission of additional information then extends the investigation period by 15-days. Those time periods pertain to both disputes through the CRA and direct disputes filed with the creditor/debt collector. They have no relationship to consumer pulls of their own CRs.
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#3
 
Old 04-24-2011, 07:50 PM
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The CRA has 45 days to respond to a dispute generated from the free credit report received at annualcreditreport.com. Specifically, FCRA 1681j(a)(3) states:

REINVESTIGATIONS - Notwithstanding the time periods specified in section 611(a)(1), a reinvestigation under that section by a consumer reporting agency upon a request of a consumer that is made after receiving a consumer report under this subsection shall be completed not later than 45 days after the date on which the request is received.
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Old 04-25-2011, 10:43 AM
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15 USC 1681(j)(3), which is FCRA 612(a)(3), clarifies that if the CRA is conducting a reinvestigation and a consumer then requests a free credit report, then the period for their reinvestigation then expires 45-days after their receipt of the request for the free report. It is a very limited situation that resets the period for completion of investigation based on the date of the request from the consumer. Very rare.

It would not apply to subsequent disputes in which no free report was requested during their ongoing period of investigation. It is not a carte-blanche provision that applies to other disputes and periods of investigation.
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Old 04-27-2011, 12:34 AM
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Quote:
Originally Posted by Lian View Post
It would not apply to subsequent disputes in which no free report was requested during their ongoing period of investigation. It is not a carte-blanche provision that applies to other disputes and periods of investigation.
So If I pulled a free report now and send a round of disputes,they have 45 days..Because they have seen the soft inquiry I made for a free report(which is available to me only once in a year)..

But for my next round of disputes,do they continue to use that 45 days period or is it just 30 days because I am now using the paid truecredit report..

How do they know if I am now using a paid report now? My concern is that these b**tards could continue to utilize the 45 days allowance because I have pulled a free report previously(the soft inquiry will there for a year at least)..

The law is very vague there.....about when a paid report invalidates a free report time limit(45 days),switching it back to 30 days limit......


REINVESTIGATIONS - Notwithstanding the time periods specified in section 611(a)(1), a reinvestigation under that section by a consumer reporting agency upon a request of a consumer that is made after receiving a consumer report under this subsection shall be completed not later than 45 days after the date on which the request is received.
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