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EQ Conundrum


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I recently sent two letters to EQ, one on Feb 25 and the other on March 2, both disputing inquiries (different inq. in each letter).

I received one letter from EQ on March 12 (in response to my 2/25 letter) and the disputed inquiries were deleted. On March 21, I received a letter from EQ (in response to my 3/2 letter) stating that "inquiries are a matter of record and cannot be disputed".

I sent them another letter showing their policy is apparently "whatever the investigator decides today" and their policies lack uniformity. I also indicated they violated FCRA 611 by refusing to investigate disputed info. and I'll be addressing their actions in court. I received a follow-up from them, again saying, they don't investigate disputed inquiries.

Anyone have any luck suing EQ and if so, what I might expect.

Thanks

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I've never tried to sue them for not investigating inquiries, as I had them removed in my settlements with them based on tradelines. But 1) Inquiries do affect your credit score, and 2) the FCRA does say you can dispute anything on your report, and inquiries are certainly on there. So I would imagine you'd have some case there, especially since you have 2 letters from them stating flat-out that they are refusing to comply with the law.

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I agree that you can sue EQ for failing to comply with FCRA, but the larger question is what damages to you resulted from their failure to comply. I'd guess that unless you can show that the additional inquiry on your credit report lowered your score to such a point that you were denied credit or specific credit terms -- you have no real monetary damages to sue for.

Yes, there are statuory damages in the FCRA of up to $1000, but only for willful negligence which is typically much harder to prove. Mistakes to happen, and unless you can show a pattern of repeated conduct, it's going to be tough.

Of course, EQ will likely settle this whole thing to save the hassel of fighting in court, whether they'd win or not.

My $0.02

- RW

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In the 1st dispute letter, they investigated and removed the disputed inquiries. The second letter I sent was met with a reply from EQ that they don't investigate inqs. and they are a matter of record.

I then sent them a 3rd letter that they are required to investigate disputed info and inquiries are, indeed, information.

Their reply was, again, "we don't investigate inqs and they're a matter of record".

That does show willful noncompliance.

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Aye, what leadhead said, though I do want to interject one thing: It doesn't have to be willful noncompliance, the FCRA also allows for the $1,000 per violation for negligent noncompliance. They don't have an "out" on the defense they didn't know something was going on.

Also, monetary damages aren't really an issue here, unless he plans on filing in Federal. He can't sue for anything other than the $1k/violation allotted by the FCRA in small claims, anyhow...no punitive damages allowed.

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Xan,

You've sued EQ before, right?

Are they likely to remove it to federal from SCC? If so, I'll just go ahead and file there, asking for jury, punitives, yada yada, rather than waste the time to file in SCC and have to amend my complaint later.

It's not like their misconduct is going to kill me but it does aggrivate me that they delete some inqs and refuse to investigate others.

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I've sued EQ 3 times, and not once did they remove to Federal.

Though take that for what it's worth...when I sued TU, they didn't remove it to Federal either, and that's their standard operating procedure. I'm really not sure what my secret on that is...maybe I just project a stronger front initially or something.

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Xan,

Back to something on an earlier thread statement, you said that the FCRA allows for $1000 for negligent noncompliance. I just re-read the statute and it says no such thing. FCRA 1681o only allows for "actual damages" and attorneys fees for successful actions.

Only FCRA 1681n (willful noncompliance) allows for "actual damages ... not less than $100 and not more than $1000"

Just to be clear, to win this you'll have to prove willful conduct -- a higher threshold to prove. Not impossible with what you've stated, but not simple either....

My $0.02

- RW

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