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Need to know can sue under FCRA 623 (a)(8)


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Ok sorry if im posting this too much but i need to know if i can sue under FCRA 623 (a)(8) Disputing directly with the furnisher. I sent ACCB collections a letter certified mail asking for an investigation on Dec 26 ,2007 They received my letter on the Dec 27,2007 I got the green card back with a signature. Since then ive been checking my credit report and nothing has change on Experian still says Verified on October 2006. I have not gotten anything back from them not even a your dispute is frivolous letter. I even put my experian report with the account on there as documentation. Here is the letter i sent them.


Palm Bay 32905


975 Eyster Blvd

Rockledge, FL 32955


RE Acct# 1123456789

To whom it may concern,

I’m sending this letter to your company because I’m asking for an investigation per FCRA 623(a)(8) “ABILITY OF CONSUMER TO DISPUTE INFORMATION DIRECTLY WITH FURNISHER.” The reason I’m disputing this account with your company is because this account does not belong to me. I disputed this account with Experian due to the fact that this account does not belong to me. On October 2006 your company verified this account with Experian. So since you feel this account belongs to me I am very curious as to what kinds of "records" you may have for this alleged account. Under the new FACTA laws, you are required to conduct an investigation on this account, and I am now requesting it. I am reprinting the legal text from the FCRA for your legal staff.


(A) IN GENERAL- The Federal banking agencies, the National Credit Union Administration, and the Commission shall jointly prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer.

(B) CONSIDERATIONS- In prescribing regulations under subparagraph (A), the agencies shall weigh--

(i) the benefits to consumers with the costs on furnishers and the credit reporting system;

(ii) the impact on the overall accuracy and integrity of consumer reports of any such requirements;

(iii) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute; and

(iv) The potential impact on the credit reporting process if credit repair organizations, as defined in section 403(3), including entities that would be a credit repair organization, but for section 403(3)(B)(i), are able to circumvent the prohibition in subparagraph (G).

© APPLICABILITY- Subparagraphs (D) through (G) shall apply in any circumstance identified under the regulations promulgated under subparagraph (A).

(D) SUBMITTING A NOTICE OF DISPUTE- A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that--

(i) identifies the specific information that is being disputed;

(ii) explains the basis for the dispute; and

(iii) Includes all supporting documentation required by the furnisher to substantiate the basis of the dispute.

(E) DUTY OF PERSON AFTER RECEIVING NOTICE OF DISPUTE- After receiving a notice of dispute from a consumer pursuant to subparagraph (D), the person that provided the information in dispute to a consumer reporting agency shall--

(i) conduct an investigation with respect to the disputed information;

(ii) review all relevant information provided by the consumer with the notice;

(iii) complete such person's investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 611(a)(1) within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and

(iv) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.


(i) IN GENERAL- This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including--

(I) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information; or

(II) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection (B), with respect to which the person has already performed the person's duties under this paragraph or subsection (B), as applicable.

(ii) NOTICE OF DETERMINATION- Upon making any determination under clause (i) that a dispute is frivolous or irrelevant, the person shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person.

(iii) CONTENTS OF NOTICE- A notice under clause (ii) shall include--

(I) the reasons for the determination under clause (i); and

(II) Identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.


§ 623. (B) Duties of furnishers of information upon notice of dispute.

(1) In general. After receiving notice pursuant to section 611(a)(2) [§ 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall

(A) conduct an investigation with respect to the disputed information;

(B) review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2) [§ 1681i];

© report the results of the investigation to the consumer reporting agency;

(D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis; and

(E) if an item of information disputed by a consumer is found to be inaccurate or incomplete or cannot be verified after any reinvestigation under paragraph (1), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly--

(i) modify that item of information;

(ii) delete that item of information; or

(iii) Permanently block the reporting of that item of information.

I will seek legal action under § FCRA 623(7)(B) for violations of the FCRA if you do not comply and respond to me with the results of the investigation in 30 days. In order to clear up this matter, I would like to see, a payment history from the Original Creditor to see how you calculated what you say I owe or a contract from the Original Creditor with my signature. If you don't respond with the results of the investigation (as is required per the FCRA), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with accurate information. At this point, you would also be in violation of the FCRA merely for not responding within the 30-day period. I enclosed documentation of my Experian credit report for this alleged account you claim is mine. So you have 2 options. Option 1 you delete this account from my Experian report. Or option 2 prove that this account is mine. I sent this letter Certified Mail so I can keep track of all correspondence. I will give your company 30days from the date you receive my letter to respond.

Best Regards


Some peolpe on this site our saying that i cant sue under private action. But on the insructions on this board it clearly states that you can if you dispute with the CRA's first wich i did back in October 2006. So the question is can i sue or cant i sue and if cant sue what is the point of this FCRA 623 (a)(8) law. ACCB has less than 3 days left so i need to know if i can sue them or not. Sorry about the typo error on the topic im real tired just got of work.

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