sillymonkey Posted September 17, 2013 Report Share Posted September 17, 2013 We are now going into JAMS with the Big DThere are some issues which I THINK are FCRA violations. D. did soft pulls every month on the CRA for about 8 months during 'collection'. All of a sudden, those pulls have disappeared now that it's in litigation. Also, the alleged account was disputed with the CRA. It was marked as updated from dispute report but not marked as dispute. Of course, the alleged account is also disputed with the Big D. via litigation. Is there any violation that I can use and any right of action claims? Link to comment Share on other sites More sharing options...
BV80 Posted September 17, 2013 Report Share Posted September 17, 2013 @sillymonkey Did you dispute directly with the credit reporting agencies or directly with Discover? Link to comment Share on other sites More sharing options...
sillymonkey Posted September 17, 2013 Author Report Share Posted September 17, 2013 BV: I disputed directly with the CRA. They acknowledged it and said the report was 'updated' but that D. TL was not marked as 'disputed' only 'updated'.Disputed with Big D. via court answer. Do I need to mail in a separate dispute to D? Link to comment Share on other sites More sharing options...
BV80 Posted September 17, 2013 Report Share Posted September 17, 2013 @sillymonkey Since you disputed directly with the CRAs, they should have reported the entry as "disputed". If you dispute an entry directly with an original creditor, that creditor is not under any obligation to report a dispute to the CRAs. You say that the CRAs did not note on your CR that the account is disputed. 15 USC 1681i©: © Notification of consumer dispute in subsequent consumer reports Whenever a statement of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer’s statement or a clear and accurate codification or summary thereof. The only way the CRAs could not include the fact that the account is disputed is because they believe your dispute was frivolous or irrelevant. What reason did you give for your dispute? Disputing an entry with a creditor after you've been sued may not be that effective, especially if that creditor is an original creditor and they are reporting accurate information. Was everything reported by Discover accurate? Link to comment Share on other sites More sharing options...
sillymonkey Posted September 17, 2013 Author Report Share Posted September 17, 2013 Reason for the dispute was that the account was in dispute. The CRA didn't give a frivolous claim response. Not in 5 days, not after their 'investigation'. I have a hard copy that just says account 'updated'.To be honest, I'm not sure if everything reported by D. is accurate. I will have to re-look at it. Any possible claim on the PP by D.? It's suspicious that it was there (once every month) then now it's just gone. Link to comment Share on other sites More sharing options...
BV80 Posted September 18, 2013 Report Share Posted September 18, 2013 @sillymonkey I don't believe you have a claim for permissible purpose. If you had an account with them, they had a permissible purpose. The FCRA is specific about a business relationship and collection accounts. The reason they may not be making inquiries now is because the account is in litigation and they don't feel they have a reason to view your CR. Link to comment Share on other sites More sharing options...
sillymonkey Posted September 18, 2013 Author Report Share Posted September 18, 2013 Understood. However, all the prior pulls have disappeared from the CR, which makes me wonder if they themselves believe all those pulls were not PP? Why would they need to remove them from the CR? Link to comment Share on other sites More sharing options...
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