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Corrections Summary from Experian


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I just want to make sure I understand something about Ex corrections summary. Let me give you the scenerio,

I disputed four trade lines on my credit report with Ex. Ex came back and replied within the 35 day time frame and stated that they verified my disputed trade lines and that they will remain unchanged.

Ex gave me that information in a letter called a "corrections summary ". Now at this point the next step is to send off a procedural request letter right?

Well here is the million dollar question, if you read the corrections summary you will find that with every summary that they send out Ex includes a description of thier verification description. I am sure most of you know what I am talking about,Now the description is a very generalized description but non the less it still is a description. So by Ex doing this have they met the requirements of the FCRA. I really need to know other members opinions on this. After I get ssome opinions I will let everyone know what a judge told me about this. I just want to get some comments first.

Thanks and just bear with me on this............................

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FCRA 15 U.S.C. Sec. 1681i(a)(6)(B)(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 the information contacted in connection with such information and the telephone number of such furnisher, if reasonably available...

So Experian's canned description means zip. It's a distraction. IT'S NOT REAL!

First, you the consumer must make the request described above. If Experian fails to deliver what is specified above after you have made your request THEN you can sharpen your knife and begin the butt-carving.

*** As always, get a second opinion ***

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Ok, let me tell you one small claims Judges opinion of this description of the procedures used to verify the information. I had a court date with Experian yesterday for what I felt to be a solid case on my end.

A certain small claims judge in Utah informed me that in his opinion the corrections summary did meet the standard that the FCRA has set and decided against my claim for FCRA violations.

I was stunned, I tried to explain to the judge that it did not meet the standard as it is a canned answer and the furnisher of the information and how it was verified may differ from what appears on a credit report. The judge said that Experian complied with the FCRA and did nothing wrong.

I provided the Judge with a copy of the law and read section 611 right to him. I pointed out that the corrections summary is a form letter paragraph, it does not address the specifics of the verification process in regards to any one trade line. I even brought up that it the corrections summary states " we either contact the source by mail or phone " but once again he felt that the corrections summary meets the FCRA standard 100%. What the hell is the judge thinking, it is ok for a CRA to say well, we either do it this way or that way.

Still he did not change his mind. Second the judge asked me about how I came to my dollar amount for my suit. I explained to him that the FCRA, section 616 Civil Liabilty is per violation and since that I had requested a PR description on four trade lines that I asked for the maximum statutory damages.

Once again the judge did not see it that way, he told me that he did not see it worded in any way shape or form that damages are assesed per trade line. I am no lawyer but the judge did not hear anything that I had to say. I explained that each trade line which I was not provided a verification description for is a seperate violation.

Freaking Carla Blair showed up and presented the judge with her proof that Experian did conduct an investigation. She gave the judge copies of all of her Ex verification paperwork ( propritary documents ). I reviewed them and said, yes your honor, it looks llike Ex did appearantly verify this information but thet did not provide me with the information that I had requested and am entilted to under the FCRA.

I was very orginized and had every copy of every letter to back it up including certified mail receipts. That stupid Carla Blair then even tried to bring up other trade lines that I was disputing and tried to make me look like a fool. I began to speak up and the judge told her that he did not care about the other things that I had disputed. he told her not to bring those issues up again.

I am no lawyer by any means but I am so confused right now, I want to nail Experian so bad!! I have thirty days to file an appeal so I wanted to make sure I was doing things correctly.

So the bottom line is that this judge felt that the lame a$$ corrections summary is an adequate description of Experian verification procedures. I need to study up on how to explain this to the judge better or something, maybe I just had a bad judge.

So now I sit here wondering what I should do. I need to sure fire way on how to explain to a judge that the canned explanation of Experian verification procedures that comes on every single corrections summary DOES NOT meet the requirment set by the FCRA.

I also need a sure fire way on how to explain to a judge that the FCRA is per violation. If anyone out there can give me some advice I sure could use it right now.

One side note to everyone, Carla Blair had every letter that I had sent her except one. She also had the envelopes that they came in. So it appear that they do keep our letters whenever you threaten any type of legal action.

Thanks to everyone, I may have lost that battle but I will not lose the war!!!!!!!!!!!

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That judge was a complete dipsh*t. We are all here for you. Do not fail to file your appeal. You may be the one who sets precedence on this. I for one, will try to find anything I can to help you out. Because if you win, we all win. I don't see how the PR portion of FCRA can be any more clear than it is. What a crock of BS.

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

It does not say a description of which procedure may have been used in this dispute, or which is used in all disputes. It very clearly states that a description of the procedure used in the current dispute to determine the comp. & acc. of THE information. It's very cleat that they statute was intended to provide you a way of determining specifically how your dispute was handled, and specifically who was contacted to verify the information. I will definitely work on finding something.

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I provided the Judge with a copy of the law and read section 611 right to him. I pointed out that the corrections summary is a form letter paragraph, it does not address the specifics of the verification process in regards to any one trade line. I even brought up that it the corrections summary states " we either contact the source by mail or phone " but once again he felt that the corrections summary meets the FCRA standard 100%. What the hell is the judge thinking, it is ok for a CRA to say well, we either do it this way or that way.

Maybe you were in the special harassment program, or maybe they just keep records for the two years.

Thanks to everyone, I may have lost that battle but I will not lose the war!!!!!!!!!!!

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OMG! I was wondering how court went for you and now I am terrified to file if it came down to it. (not that fear will stop me.. but it is still scary...) I have noticed that there are some morons as far as judges go in SLC... but persistance will pay off. Appeal... Hopefully you will get a judge that gets it. Did carla bring any letters not related to the case?? Or just the ones you were claiming violations on? Don't give up Blue!!! We are here for ya!

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gdouglaslee wrote:

(II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information.

Plain language meaning. That's it. There's nothing that says they have to give you a play-by-play account of the process starting with the date they received your dispute. They need only provide the companies name and address. Telephone number is optional.

The section you quote relates to reinsertion of information, and the information the CRA must provide when notifying of reinsertion. This is not a reinsertion issue. It is a PR issue, relating only to providing the consumer with information pertaining to how the verification was obtained and from who it was obtained.

When the CRA sends you the results of an investigation, they must tell you that you can request a description of the procedure used in that investigation, and they must tell you that you can request the business name, address, and telephone number of the furnisher contacted.

When you make the request, they must provide you with that information within 15 days of your request. A generalized list of procedures which may or may not have been used in your TL verification does not meet these requirements. Period.

The purpose of this is as I stated in a different post. You are given contact information on your report. However, they may have different contact information for verification purposes.

In order to come to an effective dispute resolution, you must be able to contact the furnisher of information at the exact same location by the exact same means that the CRA did. By telling you that they may have contacted by mail, or may have contacted by phone or may have contacted by fax, or by telling you that usually what they do is send a letter or make a phone call, you ARE NOT given a description of the procedure USED, but rather a description of the procedure which MAY HAVE BEEN USED.

This requirement is very clear, and the violation is even moreso.

This needs to be appealed and taken to a higher court. Just because you started in small claims, does not mean it's over. It only means you now have the opportunity to go to a court of record.

You may have very easily failed to present your claim correctly, and this could have been the reason denied, but it doesn't appear that way from what I've read so far.

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Thank you all so very much for the support and your input. I believe that with all of my reading and homework that I presented a pretty clear case. The only thing that Carla Blair did was show the judge copies of the same freaking corrections summary that I had allready shown him. I had copies of everything to the point of being anal about it. I was thrown for a loop on this when the judge said that Experian did nothing wrong. It rocked my world and everything that I know about the FCRA. The Judges decision was wrong and I knew it but he would not listen to me.

Ya know what else that I didn't even have a chance to bring up? That due to the information on my Experian credit report I was denied credit for a car loan at an intrest rate that I could afford. Right in the middle of my many attempts to get Experian to comply with the FCRA I tried to trade in my car at a local dealership.

I specificaly asked the dealer which report they pull and the dealer said Experian and Equifax. After he pulled my credit he told me that neither score was high enough to get a decent rate and that I would have to put a down payment of 2,000.00 dollars just to get into the car at a ridiculous rate.

I didn't even get a chance to address this issue with the judge at all. Well, from what I have read and what other members have said it seems that I may noe be able to go after Experian in a higher court and for more then just statutory damages.

I am getting deep in this now and I want to nail Experian's A$$ to the wall. If anyone knows of a good FCRA attorney in the Salt Lake City area or there is a member in the SLC area who can help me please let me know. I feel I may need some additional help on this now.

Thank you all for all the great advice and support, let's go get Experian!!!!!

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