trhonda2000 Posted March 15, 2007 Report Share Posted March 15, 2007 Spoke to my lawyer a couple of days ago regarding a current case we are going through and she asked to have access to my credit report. I gave her access, advising her of how the CA in question reported incorrect information on my credit report. She proceeded to ask me how do I go about getting access to my CR, I told her through myfico.com or the free annual report we get every year. She immediately advised me against accessing my report online going forward. She states that within the terms & conditions of most online CRA's, they have "arbitration rules" embedded within, basically stating that you agree to not sue them if for some reason they are reporting incorrect information. I was fairly surprised to say the least, as I am currently going through the online disputing process of both EXP and TU. I just wanted to give everyone a heads up, that NACA lawyers recommend getting hard copies of your CR through the mail and also doing the dispute process through mail (certified of course). Link to comment Share on other sites More sharing options...
ZORG Posted March 15, 2007 Report Share Posted March 15, 2007 I have been doing all of my work through the US snail mail service. This way I have all of my documentation available to me in all of the official paper and formatting the same way that the documents roll out of the printers at the CR's office.I find the "arbitration rules" issue interesting but not surprising.Thanks for the info.~Z Link to comment Share on other sites More sharing options...
someonesomewhere Posted March 15, 2007 Report Share Posted March 15, 2007 If you ever might need to sue the CRA, then yes that's definitely a concern.There are some strong opinions in here by very knowledgeable folks about whether one should view the CRAs as an ally one should try to use to one's advantage, or an adversary that might need to be sued or threatened with a suit in order to get them to comply.I suppose I tend to place myself in the former camp. Link to comment Share on other sites More sharing options...
someonesomewhere Posted March 15, 2007 Report Share Posted March 15, 2007 FWIW, I do not see Equifax, Experian, or Trans Union mentioned ANYWHERE in the MyFico terms of use. So unless you're planning to sue Fair Isaac, using MyFico should be fine. However, there appears to be no way to dispute online with a CRA at MyFico. They just provide sample dispute letters and links and addresses to the CRAs.http://www.myfico.com/Policy/TermsOfUse.aspxTerms of UseEffective Date: July 23, 2006The myFICO® Web Site (the "Site") is an online source of information and products provided by Fair Isaac Corporation for your personal use, subject to your agreement to the Terms of Use set forth below.Please read the following Terms of Use carefully before using this Site, including but not limited to the arbitration clause in Section 8 below....8.Resolution of Claims and Disputes; ArbitrationThis Site is controlled and operated by Fair Isaac through its corporate headquarters in the State of Minnesota and this Agreement will be governed by, construed and enforced in accordance with the laws of the State of Minnesota, as it is applied to agreements entered into and to be performed entirely within that State.We will try work in good faith to resolve any issue you have with our products or the Site if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction. You agree that any dispute or claim arising out of or relating in any way to your use of this Site must be resolved exclusively by binding arbitration. The only exception would be if you have violated or threatened to violate the intellectual property rights of Fair Isaac or any third party, in which case Fair Isaac or that third party may go to court to seek an injunction or other appropriate relief. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes (see http://www.adr.org/sp.asp?id=22014#SUPP). Unless a different result is required by applicable law, no claims of any other parties may be joined or otherwise combined in the arbitration proceeding. In other words, you agree that you will not be allowed to file a class action or any kind of class or joint arbitration. Unless otherwise expressly required by applicable law, each party is responsible for its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which the arbitrator is not authorized to award), and subject to these Terms of Use, the arbitrator is authorized to award either party any money damages or any provisional or equitable remedy permitted by applicable law.The award of the arbitrators may be enforced by the prevailing party in any court having jurisdiction. Each party consents to the non-exclusive jurisdiction of the courts of the State of Minnesota or to any Federal Court located within the State of Minnesota for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim, or provisional equitable remedies. If this arbitration agreement is held to be invalid or otherwise unenforceable for any reason, it will be severed from these Terms of Use and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Minneapolis, Minnesota.You agree that, even if a statute of limitations or other law provides for a longer time period, any action against Fair Isaac, its officers, directors, employees, agents, licensors, suppliers and any third party providers of information, products, or services relating to this Site or any information, products, or services available on or from this Site must be brought within 12 months after the event that gave rise to the cause of action or it is forever barred.BECAUSE YOUR USE OF THIS SITE REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. IF ANY COURT WERE TO FIND THAT THE ARBITRATION CLAUSE WERE UNENFORCEABLE FOR ANY REASON, THEN YOU AGREE TO PURSUE YOUR CLAIM EXCLUSIVELY IN A STATE OR FEDERAL COURT IN MINNEAPOLIS, MINNESOTA, AND AGREE THAT A JUDGE RATHER THAN A JURY IS TO ADJUDICATE YOUR CLAIM. Link to comment Share on other sites More sharing options...
someonesomewhere Posted March 15, 2007 Report Share Posted March 15, 2007 I don't see anything about arbitration at any of these.http://www.transunion.com/corporate/termsOfUse.page?http://www.truecredit.com/policy/termsOfUse.jsphttp://www.truecredit.com/policy/serviceAgreement.jsphttps://annualcreditreport.transunion.com/policy/termsOfUse.jsp?fc_se=footerTabhttps://annualcreditreport.transunion.com/policy/transunionServiceAgreement.jsphttps://annualcreditreport.transunion.com/policy/truecreditServiceAgreement.jsp Link to comment Share on other sites More sharing options...
Gary Craig Posted March 15, 2007 Report Share Posted March 15, 2007 ...... they have "arbitration rules" embedded within, basically stating that you agree to not sue them if for some reason they are reporting incorrect information.... Your attorney is partly correct, however you can sue them if they refuse to update the incorrect information. It is up to you to send proof the information was reported wrong.Since you have an attorney - give the information and have her send dispute letters to the big 3. Once they see your attorneys letter-head, maybe this might add alittle more weight to resolving your situation faster.Good Luck..... Link to comment Share on other sites More sharing options...
trhonda2000 Posted March 15, 2007 Author Report Share Posted March 15, 2007 I apologize, I did my online dispute thru truecredit.com. However myfico.com and another big one have a current class action suit against them for false information on their website regarding "improving credit". According to myfico.com, there is an arbitration in the terms and conditions, as posted. I guess it's 50/50 on your chances with online disputes. Either you will get the good samaritan that will do there job, or you'll get the a**hole or automated system who uses a block form that holds no merit for verifying the debt, thus leaving your disputes in the wind. Just thought I would pass this information along. I have seen both sides of the fence. I have not successfully gotten a TL deleted via online dispute, however I have not properly DV'd the CA either due to just finding this site. I guess it all leads to preference. Link to comment Share on other sites More sharing options...
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