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Some questions about possible FCRA violations


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We are now going into JAMS with the Big D

There 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?

 

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@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?

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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.

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@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.

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