Jump to content

Dolan LexisNexis - technicalities?


Recommended Posts

Ok people, I want to hear opinions on this please. :wink:

LexisNexis, we all know and love them. Well, I'm having a debate with myself (not outloud!) about whether or not they need to/can give me my personal information.

I wrote them a letter asking for any info they had with my name & social security #. They said "we're not a credit reporting agency and don't have access to your information". Fine...I can deal with that.

However, in the lady's next letter to me, she said that if I give her a case number too, she can look me up in their database. She has the database to look up my public records....therefore, wouldn't they have direct access to my information via this database? (By the way, even after I gave her case #s, she told me she couldn't do anything).

I was reading FTC letters and it clearly states this place IS a CRA. Fine. Then, another FTC letter, the LeBlanc letter, says "Its principal requirement is that CRAs disclose all the information in their files on a consumer upon request. You state in your submission that your company does not maintain on file any of the public record information that it collects; thus, it will have no file information to disclose should a consumer request it."

Does this let Dolan off the hook? This is clear that they don't have to give me the info if they say they don't keep it....but doesn't it also void it because they CAN look up my info, according to this woman? I'm hearing two opposite stories from the same woman....am I missing something??

Thanks for any input, guys. I may have to name them co-defendant in my Experian suit sometime in the near future...

Link to comment
Share on other sites

I see them operating under the name "Riskwise" (www.riskwise.com).

They partner with Equifax. Their website says:

"RiskWise helps companies implement new and creative solutions to increase revenue and control loss with its extensive data network, real-time processing capabilities and scoring expertise."

Sounds a lot like EQ's other partner CRAs to me.

Link to comment
Share on other sites

Yeah, the lady who I've been mailing back and forth says "LexisNexis/RiskWise" when referring to the company...never Dolan or anything else - not even either of those names individually.

I may be missing something, but it doesn't look like the RiskWise part has anything to do with actually collecting/selling public record information. The way it reads, that group is more concerned with risk management and watching for ID theft, etc. http://www.lexisnexis.com/riskwise/

:roll: Whatever the company name, they BLOW. (and NOT in a good way)

Link to comment
Share on other sites

I call bulls**t on that one. They are defined as a CRA by the FCRA:

§ 603. Definitions; rules of construction [15 U.S.C. § 1681a]

(a) Definitions and rules of construction set forth in this section are applicable for the purposes of this title.

(p) Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis. The term "consumer reporting agency that compiles and maintains files on consumers on a nationwide basis" means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumer's credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide:

(1) Public record information.

(2) Credit account information from persons who furnish that information regularly and in the ordinary course of business.

Are they trying to tell you that every time Experian or whoever calls them up to verify public record information, they send someone to trot over to the courthouse to verify the info and then don't keep it on file? Yeah right. I have just an eensy bit of trouble believing that one.

What case number is she talking about? The actual court case number, or some case number from one of the CRAs? Tax liens don't have a case number, so how do they verify those?

Have you gotten any of the CRAs to cop to the fact that LexisNexis provided the information?

Link to comment
Share on other sites

lol Yeah, I call bullsh** on her too, to say the least. I just put together a big ol' envelope of stuff for this lady...a letter telling her to give me my info!, a copy of different sections of the FCRA, a copy of the page on lexisnexis.com that says 'we are a CRA!', a copy of a couple FTC letters, etc...all kinds of crap.

Actually, she's telling me she can't tell me WHAT they do, where their information goes, or even if they have info on me! She won't even admit having anything to do with CRAs...the most she has said is...quote..."I can only offer a general explanation of what MIGHT or MIGHT NOT have happened in your case. In general, we collect information from the courts on a daily basis and clients of our may purchase that information. I cannot give you any more information."

::sigh:: :roll: In the letter I'm sending tomorrow, I told her I knew she was full of it (not in those words, per se) and I demand to know this and that or they will be in court alongside the CRA(s) to which they sold their information.

And, no, I can't get anyone to admit to anything....still working on that. ARGH. I might just have to get it out of them in court. I'd rather them shoot themselves in the foot though. Still working on it AND building tons of violations. :D

Link to comment
Share on other sites

Yeah, right -- "We collect information from the courts on a daily basis and then throw it in the trash and collect it all again the next day and throw it in the trash and so on, so that nobody can accuse us of being a CRA. I swear we don't keep any of it on file"

I can't believe what some of these CS people tell us (especially the CRAs). My question is, are they so stupid and uneducated about the law and about how their company works that they actually believe what they are saying, or do they know they are telling big fat whoppers?

Link to comment
Share on other sites

  • 4 weeks later...

Chase, I just recieved a response from that company, from a Jessica P.

She said all the same BS. I sent a letter proving that they are a CRA, with FCRA quotes. If it comes back, I'm going to go file a small claims case against them. Collect me some $$, and get my file. 8)

EDIT: And yes, they have to give you the info, your entire "credit file" as defined in the FCRA.

FCRA, looking at subsection 603 (g):

“(g) The term "file," when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.”

Link to comment
Share on other sites

What case number is she talking about? The actual court case number, or some case number from one of the CRAs? Tax liens don't have a case number, so how do they verify those?

Have you gotten any of the CRAs to cop to the fact that LexisNexis provided the information?

Have you tried disputing them just like they were a CRA with a PR letter? If get a chance to sue TU I'll definitely try to find out who provides their public record info.

Link to comment
Share on other sites

Well, this issue was resolved for the most part, for me. After I sent that big package of crap to the woman, they immediately air mailed me a copy of my files (that they said before they couldn't get) and a statement saying no one had received the information in my files in the past 2 years. Riiiiight. :roll:

Oddly enough, that same week, all judgments were removed from EQ and all but 3 judgments were removed from EX. I just sent another 'I can prove it' letter to EX to try and rid the last of them.

Idiots.

Jazzcow ( :wink: ) , yeah, Jessica will feed you the same line she did me. Since you sent all that stuff, I bet ya you get the same 'urgent' mail that I did - from a woman who's probably Jessica's supervisor.

Good luck. Keep us updated on what you get and if the deletions 'happen' to come at the same time. LOL

Link to comment
Share on other sites

Sure thing. Here's the sequence...my letters and each response:

--------------------------------------------------------------

[ Letter #1 - this is compliments of cd, who started me on my Dolan journey ]

xx/xx/xxxx

CMChase

123 Street St.

Tulsa, OK 12345

LexisNexis/Dolan Information

100 South 5th Street, Suite 300

Minneapolis, MN 55402

Attn: Consumer Assistance

The purpose of this letter is to request a copy of any and all information you have on file for me. If you have no information regarding me, please provide documentation to that effect. I have provided a self-addressed stamped envelope for your convenience.

I am sending a copy of my Social Security card along with this letter to verify my identity. Your time and assistance in this matter is greatly appreciated.

Here is my personal information:

CMChase

SS # 123-45-6789

Best Regards,

CMChase

-------------------------------------------------------------------

[ Response #1 ]

Dear CMChase,

I received your request for a copy of your credit report on file with us. Unfortunately, we, LexisNexis/RiskWise, are not a CRA. We are an information resource only, and do not have access to your personal credit file. We do not compile or distribute credit reports. Our company collects and sells bulk public record information. We do not collect or store information on particular individuals. If you wish to dispute a particular piece of information that you have seen on your credit report,k please contact us with that case number, the court it was filed in and we sould be more than happy to conduct an investigation to verifiy the disputed information.

If you have any further questions, please feel free to contact me toll free at 1-800.....

Jessica

-------------------------------------------------------------------------

[ my second letter - playing dumb ]

Ms. Jessica:

I recently sent a letter concerning the information in your systems, specifically my personal information/public records. I asked to see a list of items regarding my records, and you mentioned that your company does not compile or store this sort of individual information. I appreciate your quick response to my query.

I have spoken to my county court clerk and she noted that the courthouse does not report public information to the credit bureaus, that the information is collected and then sold to the credit bureaus. I’m assuming your company (among others, I’m sure) is the other party. Is this how it works? I apologize, I am just confused on how it went from the courthouse to my credit report if no one says they neither report directly to the bureaus nor keep my personal information on file. Do you gather the information and then the bureaus buy it – and then you get rid of your files?

I apologize if that is confusing. I am just confused on and curious about the procedures regarding the information gathering/selling/reporting.

I appreciate any help you can offer. Thank you, again, Ms. Jessica. I look forward to your response.

Again, I have included a SASE for your convenience.

Sincerely,

CMChase

Enclosed for clarification: copy of original letter & your reply

-------------------------------------------------------------------------------

[ Response #2 ]

Ms. CMChase,

I received your second letter and acknowledge your concern and confusion.

From the information you have given me, I can only offer a GENERAL explanation of what MIGHT or MIGHT NOT have happened in your case.

In general we collect information from the courts on a daily basis and clients of ours may purchase that information. Without SPECIFIC information from you (i.e. case numbers, specific disputed information, etc) I cannot give you any more information. If you can give us information on exactly what you have an issue with on your record, we can then look into our database. Until we receive that information I have to consider the matter closed on our end.

Please contact me toll free at 1-800.....

Sincerely,

Jessica

----------------------------------------------------------------------------

[ Letter #3 - Me getting annoyed and wanting answers! ]

Ms. Jessica:

I recently received a letter from you addressing concerns I had with public records reporting. I have included a copy of the original letter and the most recent letter from you for your reference. I understand your need for the information you asked for.

Though not the only ones, two of the accounts in question are listed below:

Case # xxxxxx

Case # xxxxxx

Please let me know all information you have regarding these cases. I appreciate any help you can offer. Thank you, again, Ms. Jessica. I look forward to your response.

Sincerely,

CMChase

SS # 123-45-6789

--------------------------------------------------------------------------

[ Response #3 :roll: ]

Ms. CMChase,

I have received your request for more information regarding public record information with cases #'s xxxxx and xxxxxx. If you are disputing information related to these two specific cases (or any other cases) please tell me what exactly you are disputing (along with any other case numbers or additional information) and we would be more than happy to look into the matter.

If you would simply like more information regarding these two specific cases or need copies of documents, we would suggest that you contact the court where these cases were filed.

If you have any other questions, call me at 1-800.....

Jessica

---------------------------------------------------------------------------

[ Final Letter - the "I know what I'm talking about" letter ] LOL!!

Ms. Jessica:

I recently have been in contact with you regarding my records. We have exchanged several letters via US mail regarding the same. Enclosed for your review are the mentioned letters.

My first contact with you was concerning disclosure of all my personal information your company has in your database. Your response was that LexisNexis is NOT a Credit Reporting Agency and you do not have access to that information. You also said your company does not compile or distribute consumer reports. However, on your company’s website (copy of page enclosed), it says specifically,

“LexisNexis Public Records Data Services, Inc. is considered a Consumer Reporting Agency (CRA) and complies with the Fair Credit Reporting Act (FCRA). LexisNexis Public Records Data Services, Inc. collects public information…and sells this information to financial institutions, other CRAs, law firms, collection agencies and others.”

Clearly, LexisNexis DOES compile and distribute consumer reports.

Below is the definition for a consumer report directly copied from FCRA § 603.

Definitions; rules of construction [15 U.S.C. § 1681a]

The term "consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for (A) credit or insurance to be used primarily for personal, family, or household purposes; (B) employment purposes; or © any other purpose authorized under section 604 [§ 1681b].

I have enclosed copies of FTC opinion letters explaining that companies just as you are, in fact, considered Consumer Reporting Agencies, and are subject to the Fair Credit Reporting Act.

You stated in your second letter that you could give me only general information as to what may have happened concerning my files. You said specifically, “If you can give us information on exactly what you have an issue with on your record, we can then look into our database.” In contrast to your first letter, in which you stated you do not compile personal information, in the second letter you stated you could look up my personal information in your database, given that I provide specific case numbers.

My third letter to you included two specific case numbers, the name of the court they were supposedly filed in, the city and state associated with these cases, and my name, address, and social security number. Your reply was that I didn’t give you enough information, when, in fact, I gave you quite sufficient information.

As a Consumer Reporting Agency, upon my request, you must abide by FCRA section 609, relating to disclosures to consumers. I have enclosed a copy of the entire section for your reference.

Therefore, pursuant to the Fair Credit Reporting Act, I am demanding a copy of ALL the information your company has on file with my name and social security number, including a list of any entity who has received a copy of said report in the last 2 years. If you could research my request upon dispute, you can research it otherwise. You stated you have my information in your database – I request you search it and send me the results.

Refusal to do so will be considered willful noncompliance and subject to fines of up to $1000 per violation, pursuant to FCRA section 616.

As I have mentioned before, I believe your company is supplying at LEAST one Credit Reporting Agency with incorrect information. LexisNexis may be named co-defendant in a pending suit against a least one Credit Reporting Agency. I suggest your company provide me with the information I legally request.

I will look for you to send the requested information. Please send it to the address listed above within 15 days.

Sincerely,

CMChase

Enclosed: copies of former letters both from and to LexisNexis, copy of section FCRA 609, copy page of LexisNexis’ website, FTC “Sum” opinion letter, FTC “LeBlanc” opinion letter, copy of social security card, copy of drivers license

------------------------------------------------------------------------------

[ Final Response - included a copy of my 'entire' file - shipped Air Express and marked "URGENT" ] :lol::lol::lol:

Ms. CMChase,

I have reviewed your letter dated xx/xx/xxxx and the attachments. In response to this letter, we are attaching a copy of the only information we presently maintain in our database that is associated with your name, current address and/or SS#. This information was obtained from the referenced courts.

The information was not sold to any companies by our office in the past 2 years.

Very truly yours,

Compliance Officer

Link to comment
Share on other sites

Cool. People should also be of regional outfits such as EVICT*ALERT. They are often used by landlords/property management companies in lieu of CRAs.

Yeah, but with the new amendments to the FCRA which go into effect soon, those little outfits are no longer going to be able to hide. They will either be classified as a bureau or as a reseller and subject to all the FCRA rules.

I also find it somewhat amusing that the last letter they sent, with all the documentation, doesn't have the "personal touch" of the employee named Jessica. Like a child pouting and taking their toys home you suddenly get letters signed only Compliance Officer.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.