creditobsessed Posted May 27, 2005 Report Share Posted May 27, 2005 Under Section 623 of FCRA there is a section about furnishers of information providing notice of dispute to CRA if disputed by consumer, but at the end there is limitation of enforcement. If I'm reading correctly there is no private right of action under this section. The furnisher can only be sued by a state of federal official/agency. 623: Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2](a) Duty of furnishers of information to provide accurate information. (3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. © Limitation on liability. Sections 616 and 617 [§§ 1681n and 1681o] do not apply to any failure to comply with subsection (a), except as provided in section 621©(1)( [§ 1681s].(d) Limitation on enforcement. Subsection (a) shall be enforced exclusively under section 621 [§ 1681s] by the Federal agencies and officials and the State officials identified in that section.Is this correct or am I insane? Link to comment Share on other sites More sharing options...
RealtorKen Posted May 27, 2005 Report Share Posted May 27, 2005 In order to sue for that you would have to use "Failure to maintain reasonable procedures" Too tired to click and find out which statute...sorry Link to comment Share on other sites More sharing options...
admin Posted May 27, 2005 Report Share Posted May 27, 2005 Also, this statute is executed when you dispute with the credit bureaus under 623a. If you do, then a private party can sue under 623 b. Link to comment Share on other sites More sharing options...
creditobsessed Posted May 27, 2005 Author Report Share Posted May 27, 2005 I did dispute with the credit bureaus as "not mine" and the information came back verified from the collection agency without the disputed notice when the CA had already received my DV letter via CMRR. I was thinking that I could go after them for not including the dispute notice as an FCRA violation and not just an FDCPA violation. So, I can sue the CA for this violation under 623b.Thanks for all the input and support! Link to comment Share on other sites More sharing options...
momof5 Posted May 27, 2005 Report Share Posted May 27, 2005 Google for Nelson v Chase Manhattan Mortgage Corporation. Although his circumstances differ from yours, the important part is the Appellate Courts explanation of why he had a private right of action. Link to comment Share on other sites More sharing options...
Xanathos Posted May 27, 2005 Report Share Posted May 27, 2005 Disputing with the bureaus doesn't make it so as they have to mark the account as in dispute. When they have to mark the account as in dispute is when you dispute it directly with the furnisher of information. It's kind of a tie-in to the FDCPA where it states if you DV a CA they have to mark the account as disputed. Link to comment Share on other sites More sharing options...
creditobsessed Posted May 27, 2005 Author Report Share Posted May 27, 2005 Momof5: Thanks for the case law. I've printed it and will enjoy it over my holiday weekend. Thank you!Xan: I disputed it with the CRA and the CA(furnisher). The CA never responded to my letters but kept verifying the info. with EQ and TU but never marked it as in dispute. I just want to make sure I have all my info straight because I'm meeting with my lawyer on Wed. I told the CA I would sue them so I am. I want to make sure I have everything I need when I turn all my paperwork over the lawyer. I have a lot of documentation and paperwork. I hope he doesn't get scared and run!Thanks for all the help! Link to comment Share on other sites More sharing options...
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