Experian Refuses to investigate, says dispute is frivlous, but won't send a letter...

[beeboah]

I have some pretty darn good proof that Experian has refused to reinvestigate items in my credit report after sending them a dispute via first class mail and fax.

I called into special handling and was told that my disputes were all frivolous since I have disputed the items multiple times.

One of the items "child" support is always incorrect because the State refuses to update the tradeline as I pay the arrearage off, unless I dispute it. I even explained this to Experian verbally and they still said it was frivolous.

They just won't acknowledge the dispute as opposed to refusing to dispute it.

I know that they have to give me a letter saying that my disputes were frivolous or that is a violation of the FCRA.

However, what if they simply fall silent to my written requests to investigate (and I can prove receipt) without sending me frivolous letter.

That would not be a violation of that FCRA (at least in the sense that I can think of) because they are not stating that the accounts are frivolous in writing....they just aren't saying anything at all.

Any thoughts? I want to wack them with a lawsuit for this. This in itself must be a violation of the FCRA as they are required to either dispute, or tell me why not in writing.

You can move this to the legal section if you want.

[Methuss]

For the child support payments, send a letter 30 days after each payment with a copy of your statement that shows the reduced balance and demand they correct the balance listed.

Since you are providing evidence with the dispute that was not previously presented, they cannot legally claim the dispute if frivolous. Section 611a(3)a expressly excludes claims of frivolousness if the consumer has presented new evidence.

And yes, they must mail a notice within 5 days. And that notice must include a statement about what you may provide that will reopen the investigation.

[beeboah]

For the child support payments, send a letter 30 days after each payment with a copy of your statement that shows the reduced balance and demand they correct the balance listed.

Since you are providing evidence with the dispute that was not previously presented, they cannot legally claim the dispute if frivolous. Section 611a(3)a expressly excludes claims of frivolousness if the consumer has presented new evidence.

And yes, they must mail a notice within 5 days. And that notice must include a statement about what you may provide that will reopen the investigation.

Thanks Methuss. I'll hit the state every month with a request for a balance. (They don't send them automatically BTW which is garbage).

Isn't their falling silent to my disputes in itself a violation of the FCRA even if they are frivolous?

They must either dispute, or tell me why not right?