FCRA Violations

[jriosjr1980]

Hello everyone I am new to this forum and am trying to get some advice.

I disputed some late payments with Transunion back in September. Transunion answered my dispute within the 30 day time limit. However there were still errors after they "verified" the inaccurate information.

I noted that the date verified showed 01/2007 and my dispute was received on 09/30/11. Souldnt the date verified be updated to the current month and year? 1 year and a half of my positive payment history was also removed. I also noted the the status is showing 120 days past due but there is a remark that this account is "settled-Less than full balance". Shouldnt the current status show that this account is paid and not 120 days late? I also found that the terms on this account were changed inaccuratley.

I mailed a letter to Transunion explaining that there were still errors in my report and that this item must be removed per FCRA.

Transunion sent me another letter stating that their investigation was complete. It seems like another dispute results and my guess is that they ran my letter thru their automated system and treated my letter like a normal dispute.

My question is what can I do from here? Any help would be great. Thank you

[Lian]

The process works like this: (FCRA 623b(1))

When you file a dispute through the CRA, the furnisher of the disputed information gets the dispute from the CRA, and conducts a reasonable investigation of the accuracy of the disputed information.

If they find the disputed information to either be incomplete or inaccurate, they are required to report those results to the CRA conducting the dispute, and to all other CRAs to which they have previously reported the incomplete or inaccurate information.

If they find that the information is incomplete, inaccurate, or cannot be verified, they are required to modify (correct) that item of information or delete the item of information, as appropriate. It is their responsibility to correct, not the CRAs, as the CRA is not the party who knows whether its accuracy requires correction or full deletion.

Failure to correct information such as to make it accurate does not compel deletion of the information, it just means that they have not complied with their requirement to provide an accurate update.

If they found that a previously reported date of a delinquency was incorrect, they must update it to the correct date of the actual delinquency, not to the date of the dispute.

If an account is settled, meaning the debt has been fulfilled, either by way of payment in full or for less than the full amount, the current status of the account must be updated to "paid." Nothing else. The prior 120-day late is not removed, but rather is retained in two other code areas, namely your Payment Rating and your Payment History Profile. Current status never reflects any past delinquency status. If paid, it can read only paid. Again, correction of the current status is the reporting responsibility of the furnisher of the information, and does not rest with the CRA.

If they treated your recent letter as a new dispute, of course that was not proper. You need to let them know, and remove the new dispute flag.

Most of these CRA shenanigans can be avoided by never disputing through a CRA in the first place. The new direct dispute process permits you to avoid the CRA meddling, and file your dispute directly with the furnisher of the information.

If information has not been properly corrected, you should contact the furnisher of the disputed information and remind them of their responsibilities under FCRA 623(b)(1).

[jriosjr1980]

Thank you for your response. I will try to write the furnisher of the information to get this all cleared out. I'll let you know how it turns out. Thank you.