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Suing Experian for procedural?


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Is the information that Experian provides for their procedural enough to cover them from violating FCRA 611(6)(B)(iii). Do they have to include the complete business name and address along with phone number if available? The reason I ask is that all I ever get is that we verify either through electronic means or mail. In other words we verify through one or the other (that's if they even verify). Could I possibly win in small claims court or is what they provide all that they have to give me by law. If I take them to small claims court wouldnt they have to provide me with the exact means of how they verified? Any info would be great.

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Good question,

I have prepared an intent to sue letter for Equifax and will be mailing it Friday afternoon. I have them on three violations of failing to provide me information on the verification method and the 15 day thing.

I even went as far as to prepare an affidavit and summons all ready to go if they do not comply and settle with me. I was kind enough to place a copy in my letter for Equifax to look over. I even provided them copies of everything I had to show them going to court with me would not be a wise thing for them to do.

In addition in 5 days I will have Experian and TransUnion on the exact same violations if they do not respond to my procedural request. Anyway good luck and keep us posted and I will do the same, maybe we can learn from one another and stick it to the CRA's......................................

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(iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available.

It says they are to include it, then they say "if reasonable available". Obviously if they can give you your creditors address then the information is available. Also, there are departments that do nothing but deal with the CRA's - the CRA's know who these people are (since each CRA has reps that are assigned to their customers).

So, no. That printout is bunk. The information is reasonably available - not feeling like (or being allowed to) get off your a$$ to 'walk across the hall' is not a viable excuse.

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I guess I will attempt another three procedurals since I always get the same thing back and take them to court. It's only $75. The worst thing that could happen is that I loose $75. Is there anything that I might be overlooking.

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I guess I will attempt another three procedurals since I always get the same thing back and take them to court. It's only $75. The worst thing that could happen is that I loose $75. Is there anything that I might be overlooking.

No. From what I see in court cases, it's dispute/verified, dispute/verfied, PR/no response or nonsense, PR/no repsonse or nonsense, PR/no response or nonsense then sue. Seems to work rather well. You can file in small claims if they have an office in your state, otherwise you'll have to file in a higher court or federal to avoid jurisdiction problems. The CRAs normally remove to federal if filed in a state court. Nearly all cases have a stipulated dismissal, meaning it was settled. The only time the CRAs seem to fight is when damages exceed $1000, like in a case where someone was denied credit or paid a higher interest rate because of an erroneous credit report.

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  • 3 weeks later...

If you file in small claims court you give them the chance to move the case to district court. If you initially file your complaint in district court you take the first bite. They dont have the chance to move the case.

I guess it depends on the laws of the state your in. In North Dakota you can have a summons and complaint served without actually paying the $80.00 filing fee to the clerck of court. When you settle the case it's a dead issue. No fee.

Usuallly when you win a fdcpa case and settle out of court the winning party has to keep his mouth shut. I would love to share some of the cases I've been involved in but I could end up giving every penny I recieved back to the bad guy for doing so.!

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I guess I will attempt another three procedurals since I always get the same thing back and take them to court. It's only $75. The worst thing that could happen is that I loose $75. Is there anything that I might be overlooking.

No. From what I see in court cases, it's dispute/verified, dispute/verfied, PR/no response or nonsense, PR/no repsonse or nonsense, PR/no response or nonsense then sue. Seems to work rather well. You can file in small claims if they have an office in your state, otherwise you'll have to file in a higher court or federal to avoid jurisdiction problems. The CRAs normally remove to federal if filed in a state court. Nearly all cases have a stipulated dismissal, meaning it was settled. The only time the CRAs seem to fight is when damages exceed $1000, like in a case where someone was denied credit or paid a higher interest rate because of an erroneous credit report.

The next level up from small claims is District court. What do you mean by state court? Aslo, if you serve them a summons and complaint in District court the Judge would have to agree to allow the case to be moved to"state court" ? Whats the adveantage to your definition of state court?

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