creditdave

Suing CRA for not investigating inquiries

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I'm wondering if someone knows whether or not a CRAs refusal to investigate inquiries is a violation of the FCRA or not. I have 18 inquiries that I have asked TU to investigate but they have refused and said that I must contact the listing company and ask them to send TU a letter asking for their removal. I asked the TU rep that if the company illegally obtained my report then why would they admit that to TU? I also pointed out that the FCRA states that they can only report non-employment related inquiries for one year and that its been over that.

I wrote to the FTC and they wrote back that while the FCRA gives a one year limit on non-employment related inquiries, the FCRA only states that they HAVE to report those for one year but a company CAN report them for longer. TU just happens to report them for two year.

That leaves me with TUs refusal to investigate the inquiries. After speaking with three reps and all of them telling me that they consider them to be 'matters of fact' and then getting that in writing I am ready to sue. I wrote them and stated that it is true that on a particular date xyz company requested my report creating the inquiry and that is a matter of fact, but since they did not have permission to obtain my report it should not be their. I also said that if a company reported that I owed them $1000 the fact that they listed it would be a matter of fact but the debt would not be, just as the predication of the inquiry would not be.

I pointed them to ยง 611 where it states that I can question the "completeness or accuracy of any item of information" and they have to investigate it. Since I am questioning the accuracy of an item of information and they are refusing to investigate whether its valid or not, does that make it willful non-compliance of the FCRA? Since there are 18 inquiries (18 separate companies) does that make it $1000 per inquiry?

I've written to the FTC and am waiting for their response on this as well but I thought I would ask here and see what everyone thought.

Thanks,

Dave

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I think that the only basis for disputing an inquiry is that the person did not actually procure a copy of your consumer report. My experience is that TU will delete a fraudulent inquiry all on its own...with the right incentive. http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=14621&highlight=fin+coll+agency

It can happen so fast you won't even know it...and TU will allege that every question you have about the fraudulent inquiry is a 'dispute regarding an item that does not appear on your file.' For example, they might deny your request for the identity of the person...it has happened.

GL w/it.

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The allegation you make is that the parties had an impermissible purpose. TU will let anyone on their system if they pay them money, so you may be able to catch one or two with an impermissible pull.

Is there an effect to you? Have you been denied credit becasue of the pulls? Do you know if your scores would go up if these old inquiries are removed? These are questions you need to answer so you can prove damages. However, I think if you sue them, you will get their attention, and that may help you get what you need.

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