BeInformed2 Posted July 11, 2005 Report Share Posted July 11, 2005 In reading various posts on the forum and the FCRA and FDCPA, I have a question:When I dispute a item on my CR, the OC/CA/CR is supposed to note that the item as "disputed" on my CR. How long does the "disputed" notation stay on the CR? Until it is verified?Also, when I send out a DV to a CA, aren't they supposed to add the "disputed" notation to my CR per the FDCPA? Out of 10 or so DV's, only one has added "disputed" to my CR. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted July 11, 2005 Report Share Posted July 11, 2005 Yes, they are supposed to do that. It does take some time, though. I'd monitor your reports for the next 60 days. If they continue to report the item without the dispute, you may have an argument. Link to comment Share on other sites More sharing options...
BeInformed2 Posted July 11, 2005 Author Report Share Posted July 11, 2005 Thanks Recovering. Does the "Disputed" note stay on the account indefinitely? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted July 11, 2005 Report Share Posted July 11, 2005 to my knowledge it does Link to comment Share on other sites More sharing options...
Methuss Posted July 11, 2005 Report Share Posted July 11, 2005 No according to the FCRA, the disputed status can remain no longer than 45 days. They must either resolve the dispute or remove the tradeline in that time. They may not leave an item in perpetual dispute. The FTC has made an official statement about this in the Tabler and Cohen opinion lettershttp://www.ftc.gov/os/statutes/fcra/tabler.htmhttp://www.ftc.gov/os/statutes/fcra/cohan2.htm (question #3)The responsibility to investigate and to label an item as disputed are two different statutory responsibilities...each is seperate and uniquely enforceable. Link to comment Share on other sites More sharing options...
BeInformed2 Posted July 11, 2005 Author Report Share Posted July 11, 2005 Okay - so to catch the CRA or CA in a violation for not marking as disputed, I need to make sure I print off a report during the 45 days (and before they verify) that shows they haven't marked as "disputed" - correct? Link to comment Share on other sites More sharing options...
Methuss Posted July 11, 2005 Report Share Posted July 11, 2005 That's the way. However one of the CRAs has caught on to this tactic. TU will lock you out of your ability to access your report while a dispute is in process of investigation. I found that one out the hard way. When I challenged an illegal re-insert of a deleted tradeline, they locked my report out during the 30 day investigation period. Couldn't even access it through my annual free credit report. Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 11, 2005 Report Share Posted July 11, 2005 Methuss, You KICK a$$!!! I vaguely remember the no perpetual disputes, but I hadn't looked into it. I didn't know about the 45 day timeframe. Time to slam someone's head in a door over this! Link to comment Share on other sites More sharing options...
Methuss Posted July 11, 2005 Report Share Posted July 11, 2005 47,It really just makes sense if you think about it. Also keep in mind notice of disputed status is not the same as a consumer statement once the investigation is finished.How can the investigation be completed if it is still in dispute? How can it be disputed if the investigation is finished? And since they have to complete an investigation in 30 days (45 at the outside), it can't be perpetually in dispute without violating section 611. Nor can it be perpetually in dispute without violating section 623.So which is it CRA? Did you fail to complete the investigation within 30 days or are you reporting falsely that the item is under investigation (disputed) when there is no investigation going on? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted July 11, 2005 Report Share Posted July 11, 2005 let's talk about the different situation, where you complain to the reporting OC or the CA. If you dispute, they must report it as such. And as we know, there is no obligation for either the CA or the OC to resolve or delete. I don't believe Tabler or Cohen reflect this scenario. Link to comment Share on other sites More sharing options...
Methuss Posted July 11, 2005 Report Share Posted July 11, 2005 let's talk about the different situation, where you complain to the reporting OC or the CA. If you dispute, they must report it as such. And as we know, there is no obligation for either the CA or the OC to resolve or delete. I don't believe Tabler or Cohen reflect this scenario.Huh? FACTA changed all that. You can now dispute directly to the furnisher if you want to. But why? Do it as Xan says and just go for the head of the snake. The CRAs are required to pass on the dispute notice to the furnisher and by doing so this way it puts an extra requirement on the CRA to mediate the response.Also don't forget that CAs have additional responsibilities under the FDCPA to report disputes to the CRAs and to not report false or misleading information about consumers.Now I'm not going to argue how it happens in the wild since we know the CRAs don't do things the way the laws says they are supposed to. So just from a legal standpoint perpetual dispute status isn't supposed to be possible. Link to comment Share on other sites More sharing options...
BeInformed2 Posted July 13, 2005 Author Report Share Posted July 13, 2005 Similar question - when I DV a CA, are they required to mark "Disputed" on my CR? If so, I would assume that it would be removed when/if they validated. If they never validate (which they usually don't) and don't mark as "disputed", then they are in violation - is that right? Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 13, 2005 Report Share Posted July 13, 2005 They must mark a disputed account as such. The dispute is not contingent upon validation, per se, but a disagreement between the data furnisher and the consumer. When the dispute is resolved, the dispute may then be removed, and it isn't up to the DF to determine when THEY think the dispute is resolved. Link to comment Share on other sites More sharing options...
TakingNoMore Posted July 13, 2005 Report Share Posted July 13, 2005 Wow. I did not know that the dispte notation has to be taken off within 45 days. I have had items notated that way since last year.I will start disputing these items first, so I can have that willful noncompliance everyone speaks about so much. Link to comment Share on other sites More sharing options...
BeInformed2 Posted July 13, 2005 Author Report Share Posted July 13, 2005 47 - Thanks.But the DV to the CA qualifies as a dispute and should be marked as such on the CR, right? And these CA's who don't validate and don't mark as "disputed" are in violation of FDCPA? Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 13, 2005 Report Share Posted July 13, 2005 The DV is a dispute. All you need to say, in fact is "I dispute this" Within a reasonable amount of time, the account should be marked as disputed. Say 30-60 days. I haven't seen specifics on a certain time frame.CA's who don't validate MUST mark the account as disputed and CAN NOT verify a TL. If they don't validate, I'd just dispute the TL. If it goes away and they cease collection efforts, fine. More than likely, it'll come back verified, then you sue them for continued collection activity. Link to comment Share on other sites More sharing options...
BeInformed2 Posted July 13, 2005 Author Report Share Posted July 13, 2005 47 - is the fact that they verify considered "continued collection activity"? Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 13, 2005 Report Share Posted July 13, 2005 Wollman FTC letter says so. Link to comment Share on other sites More sharing options...
BeInformed2 Posted July 13, 2005 Author Report Share Posted July 13, 2005 Outstanding - thanks 47. Link to comment Share on other sites More sharing options...
Recommended Posts