Experian wouldn't let me dispute.

[sjcraw]

I tried to dispute some TL. on my Experian CR, and something came up about the company has all ready verified the item and they asked me did I have anything supporting my dispute. Are they calling my disputes frivilous or what? They did let me disputes 2 TLs. I thought I had the right to dispute any time I wanted to after 60 days. Are they in violation of my rights? Please Help I'm confused.

Sjcraw

[pilgrimfaraway]

1. Yes, they are saying it's a frivolous dispute

2. They are required to tell you the basis of that determination

3. The basis can simply be repeated requests for investigation, but that is seldom the case

4. The basis can be that, when they sent ACDV to the OC, the OC provided additional documentation to demonstrate that their information is accurate. This is usually the reason for a rejection as frivolous

5. To get around this, you need to provide additional information

#5 means - check for any discrepency at all with the tradeline in your credit file. something that isn't right - account number, open date, close date, payment history, etc.

For example, I have gotten around this by providing "additional information" like - I know this isn't my account, because I didn't open any accounts for credit in 12/02" or something like that. Since all you are trying to do is trip the system, you only need to get past the data entry person and get the ACDV sent again. Somethign like this usually does the trick.

Also, slow down the dispute cycle on this one to 90 days.

Here's a summary from Fair Credit Reporting by National Consumer Law Center, pg 172:

A reporting agency may refuse to delete or reinvestigate the information only if it "reasonably determines" a dispute is frivilous or irrelevant. (15 USC Sec 1681i(a)(3).

FTC Commenterary provides guidelines for the application of is section of the FCRA:

1. They must assume that a customer's dispute is bona fide, unless there is evidence to the contrary.

2. Evidence can be:

i. receipt of letters of dispute without any allegations concerning the specific items in the file.

ii. indications that a credit repair organization or the like is advising the consumer to dispute all the items in their files, regardless of whether the information is known to be accurate.

iii. if the information is irrelevant, meaning that the information is not considered adverse and could not adversely affect the consumer's ability to obtain credit, employment, insurance, etc

iv. A CUSTOMER'S REPEATED REQUEST FOR AN INVESTIGATION, AFTER THE AGENCY HAS ALREADY REINVESTIGATED THE SAME ITEM, MAY BE VIEWED AS FRIVILOUS (FTC Official Staff Commentary Sec 611 item 11, also Hauser V Equifax)

v. The repeat request is not frivolous if the consumer provides additional evidence that the item is inaccurate or incomplete or alleges changed circumstances.

If the reinvestigation request is deemed frivolous or irrelevant, the consumer must be notified promptly and must be informed what information is required to initiate an investigation. The agency must notify the consumer within five business days that such determination has been made and give the reasons for the determination.

The FTC Commentary states that reporting agencies must assume that a consumer's dispute is bona fide, unless there is evidence to the contrary. Such evidence may constitute receipt of letters