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I sent a letter to the CRAs disputing two accounts and got to them all on the 4/3. The letter asked for them to provide the evidence, companies contacted and their contact information. TransUnion has sent a response to me dated the 4/28 that said it was verified, but says I may ask for evidence, companies contacted and their contact information however they didn't provide any of that which I requested. What are the appropriate next steps? Do I demand proof? |
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Nothing in the dispute process requires the party who reported the information, and thus is the principal in the dispute, to provide evidentiary proof to support the results of their investigation. Requirements for responding to a dispute are set forth in FCRA 623(b). They are required to conduct an investigation with respect to the disputed information, and report the results to the consumer reporting agency. The results are a finding that the information being disputed is either considered accurate or inaccurate, or that it cannot be verified. If inaccurate or cannot be verified, correction or deletion of the disputed information is then required. The dispute process is not a legal proceeding, and thus does not avail you of the legal discovery process, and thus the right to demand proofs. That can be done should you bring legal action, but is not a requirement of the administrative dispute process under the FCRA. You can request disclosure of a description of the procedure they used in their investigation, including the names and addresses of those they contacted during their investigation. That does not extend to documents and proofs, Such a request must be explicitly made, either in your dispute, or after receipt of the results. FCRA 611(a)(6)(B)(iii). |
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