re-investigation

[Nixer]

Back after a couple years and trying to improve the score more. I ended up hitting dead ends with too many verifieds and will not re-investigate. I am wondering how long I need to or should wait before sending them new disputes. It's been almost 2 years so I am thinking I should be good to go. Does anyone know?

Thanks

[Lian]

Once a party who reported disputed information has conducted an investigation of your dispute of the accuracy of their reporting, they can dismiss any subsequent dispute regarding its accuracy as being "frivolous or irrelevant" without any renewed investigation of the dispute unless the new dispute includes substantially new facts or documentation. The FCRA essentially says that they don't have to conduct repeated investigations once they have completed one. FCRA 611(a)(3) and 623(a)(8)(F).

The ability to dismiss a dispute as frivolous or irrelevant based on substantially the same information as a dispute previously submitted does not have an associated time period.

You can make your renewed dispute and hope that they don't rely on their rights to dismiss it. That I cant predict. However, they have the right to do so, without regard to passage of time from the earlier dispute.

[Hal Jordan]

If it were me I would send new disputes (especially after two years). And if those come back as verified also I'd contact them requesting the MOV and see if I could get them to reopen based off of that. I'd also consider filing a 623 if they came back verified again.

[Lian]

The implementing rules for the direct dispute process state, at 16 CFR 660.4(f)(ii):

"A furnisher is not required to investigate a direct dispute if the furnisher has reasonably determined that the dispute is frivolous or irrelevant. A dispute is frivolous or irrelevant if: ...

"(ii) The direct dispute is substantially the same as a dispute previously submitted by or on behalf of the consumer, either directly to the furnisher or through a consumer reporting agency, with respect to which the furnisher has already satisfied the applicable requirements of the Act or this section; provided however that a direct dispute is not the same as a dispute previously submitted if the dispute includes information listed paragraph (d) of this section that was not previously provided to the furnisher;"

You can now file a direct dispute, but unless specific new information and supporting documentation of the form set forth in section 660.4(d) is provided, they have the authority to dismiss it without investigation.