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LexisNexis and Hogan Info Services


bluealex915
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Here is an update on my battle with LexisNexis to get one judgment and one BK deleted from thier database.

So I disputed four trade lines of public record with LexisNexis about two months ago. They responded with a letter telling me that two of the four trade lines will remain in thier database as is.

The two that they deleted were about 7 years old and came off very easy. In my response letter from Lexisnexis they tell me that the two remaining trade lines were verified through a company called Hogan Info Services.

After some research I found out that Hogan is a subsidary of Lexisnexis and is owned by the same people, the Reed Iverson Group.

So it struck me as wierd that LexisNexis could verify my dispute by contacting a company that they own. I did some more research on the FCRA/FACTA and found something called Prohibition Against Circumventing Treatment as a Nationwide Consumer Reporting Agency.

From what I read and understand, it says that any attempt to circumvent responsability by a CRA is a violation of the FCRA. It included such things as coporate restructuring and reorginization among other things.

I mailed a response letter to LexisNexis telling them that by verifying my dispute information through a company that they own they violated the FCRA and need to delete the two trade lines ASAP.

I also told them that if they did not comply I would file a formal complaint against them with the BBB and the FTC. Now maybe alot of this was a bluff or wishfull thinking but never the less LexisNexis didn't budge.

I got a letter from them today and they basicaly tell me to piss off and that my allegations that they violated the FCRA are wrong. They also go on to tell me that the coporate structure of Lexisnexis was done so with the FCRA in mind.

Anyway, I am now trying to think of my next move. If anyone has ever been through this same crap with LexisNexis and had to contact Hogan for thier dispute could you please let me know your thoughts on my case.

Thanks for the help.....................................

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They also go on to tell me that the coporate structure of Lexisnexis was done so with the FCRA in mind.

By this they mean: 'we studied FCRA looking for loopholes so that we can bend consumers over repeatedly. We found our loophole. Have a nice day.'

:roll:

Good luck. I can't offer any help at this moment.

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I agree, I think it is time to stick it to Lexisnexis for the crap that they try and get away with. There has just got to be a violation there, I mean how is it right that you can verify a consumers dispute through a company that you own! from my research the Reed Iverson Group/LexisNexis owns a tone of data gathering companies. So what Lexisnexis is basicaly telling me is that they can just verify my disputes with another one of thier companies every time.

So If I were to dispute the same trade lines with Hogan and they come back and tell me that they verified the information through another one of the companies owned by Reed Iverson I would then have to contact that new company and start the dispute process over again, and so forth and so forth. The reed Iverson Group owns about ten or more companies, do you see where I am going with this.

From my point of view that is circumvention of the FCRA if I ever saw it. I guess my next move will be to draft a letter to the FTC, BBB and the Utah Division of Consumer Affairs. I am in luck because my state has a law called the Credit Services Act and it is just a state version of the FCRA, this may be of some help to me.

I would welcome any other opinions or even questions so that I may pass on anything that I learn so that we can help others. I have read alot of posts from members that say they too have gotten the verified through Hogan Info answer from LexisNexis.

There may be a class action in here somewhere if we are lucky but I will contact the FTC and start the ball rolling.

Thanks for all the help and I will keep everyone posted..............

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Send a dispute to Hogan.

Why? Because if they come back saying it is verified by another company, then Lexis is in trouble. The FCRA specifically says they must verify with the original source of the information. If Hogan comes back as not being the original source of the information (Which is ACTUALLY the court system), then Lexis screwed up by verifying through a 3rd party.

They are a paper-gathering company, so you have to play the game their way and generate a paper trail showing that they made every effort to evade their responsibilities under the FCRA.

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So the FCRA does in fact say the original source, I was under the impression that it was just the furnisher of the information. If you are sure on this I will draft a letter to Hogan and wait to see what happens.

Thanks for the info..............let's get em

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I actually went through this same awful process and did dispute with Hogan.

I got a letter from LexisNexis again not Hogan, which said they verified the information from PACER, which has the court system's BK info.

They said since the info from PACER matched my name and a name with an address found in the LexisNexis database, they said it was sufficent info to verify the BK was mine.

I guess they only way they are in violation is if PACER does not qualify as an information source per the FCRA ... Any thoughts here??

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Pacer is just another specialy CRA. Dispute with Pacer. And, tell Lexis again that they are not allowed to do a verification through a 3rd party. You can cite Johnson v. MBNA and a dozen other cases where the CRA got busted for not going back to the source to make sure it is correct information. Time and time again the courts have told these CRA bozos that simply matching up one database to another is not enough when the consumer gives specific information that points to what is wrong.

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Pacer is just another specialy CRA. Dispute with Pacer. And, tell Lexis again that they are not allowed to do a verification through a 3rd party. You can cite Johnson v. MBNA and a dozen other cases where the CRA got busted for not going back to the source to make sure it is correct information. Time and time again the courts have told these CRA bozos that simply matching up one database to another is not enough when the consumer gives specific information that points to what is wrong.

Ahh, Back! This is the legal crowbar I needed - actual case law!

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Thanks! What an interesting case ...

LINDA JOHNSON v. MBNA AMERICA BANK, NA

http://caselaw.lp.findlaw.com/data2/circs/4th/031235p.pdf

United States Court of Appeals for the Fourth Circuit - February 11, 2004

MBNA America Bank, N.A. (MBNA) appeals a judgment entered against it following a jury verdict in favor of Linda Johnson in her action alleging that MBNA violated a provision of the Fair Credit Reporting Act (FCRA), see 15 U.S.C.A. § 1681s-2(B)(1) (West 1998) (amended Dec. 4, 2003), by failing to conduct a reasonable investigation of Johnson’s dispute concerning an MBNA account appearing on her credit report. Finding no reversible error, we affirm.

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  • 2 weeks later...

I took Methuss's advice and wrote back to LexisNexis citing the Johnson v. MBNA case, I also explained how I wrote to Hogan, who LexisNexis used to verify the BK in my record, and recieved no response. I sent the letter out via CMRR and got confirmation of their reciept on 8/19/04. Then before you know it, I get a letter from Hogan postmarked the same day, 8/19/04, which reads:

This is the 2nd attempt to respond to you. The 1st attempt was returned uncliamed. SUCH A LIE! This letter responds to your letter of July 1, 2004 regarding your dispute to LexisNexis Public Records Data Service Inc. (LNPRDS) of the accuracy of the bankruptcy record that Hogan Information Services Co. (Hogan) provided to LNPRDS. Hogan was requested by LNPRDS to verify the accuracy and completeness of the information in the court records obtained from the the U.S. Bankruptcy Court in California. Hogan investgated the dispute and verified that your name and social security number were associated with the record you claim is inaccurate. Hogan report the results of its investigation to LNPRDS.

You are incorrect that Hogan is a consumer reporting agency as the term is defined in the Fair Credit Reporting Act (FCRA). The mere fact that Hogan collects and distributes public record information does not make it a consumer reporting agency. Since Hogan has just completed its investigation into your dispute to LNPRDS and determined that the information from the Bankruptcy court was accurate and complete, Hogan has no further obligation regarding these records under the FCRA.

With respect to your request to opt out of the sale of information associated with you, the FCRA does not provide an absolute right to opt out of the sale of such information. Instead, 15 U.S.C. § 1681b (e) provides for the more limited right to be excluded from lists relating to making unsolicted offers of credit or insurance. Hogan does not sell any such information, so that provision of the FCRA does not apply here.

Sincerely,

Kim R. Davis

Client & Consumer Relations

Any thoughts on this?? I am still waiting from LNPRDS on its response to my letter ... my LexisNexis paper trail folder is getting thicker and thicker.

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bsgeorge

Holy crap!!!, how the hell can they say that Hogan is not considered a CRA. First off here is the definition of a CRA under the FCRA;

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

(f) The term "consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports

Second here is the FCRA definition of a file;

(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.

Now here is the hammer to slam down on them;

(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.

I don't know about you but I think Lexisnexis and Hogan, which are one in the same are full of SH@T. It clearly states that public record is indeed included in the FCRA.

My LexisNexis folder is also starting to fill up now with each refusal these fools send me. I just sent off my letter to Hogan on 8-19-04 telling them that LexisNexis told me that they are the ones who verified my BK account so now I am disputing it with them and that they have 30 days to complete their investigation. I guess we will see what they say, probibly the same as they told you. I fter my response letter from Hogan I will file a compalint with the FTC and the Utah Division of Consumer Protection.

Bsgeorge, we need to stay in touch on this one, it sounds like we may have a couple of law suits on our hands, maybe even a class action.

Good luck and keep on fighting..................

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Every "non Big 3" credit bureau ALWAYS claims at first that they are not a collection agency - witness Innovis and even LexisNexis themselves. Don't let up on these guys. The best way to maybe get their attention is to file a lawsuit.

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