Here is the link, this is much worse than a notice requirement folks:
http://www.creditboards.com/phpBB2/viewtop...p=375379#375379


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The time has come, folks, this Experian notice lacks the required 15 U.S.C. §1681i(a)(3)©(ii) notice.

Please send me your dispute letter and a copy of Experian's "Prevously Investigated" response:

UPDATE - I will also be accepting copies of letters from Experian indicating that they could not use your information, and will be contacting the provider directly. Again, please send copies of your dispute letter, and this response received from Experian.

David M Weber
1400 S. 2nd St. B410
Minneapolis, MN. 55454

Attach something with your name, add and phone # and I will send off a hopefully large package to a consumer class action law firm. I am not going to call anyone myself or infringe on anyone's privacy in any way, shape or form. I am sick and tired of the unfairness. I am sick and tired of hearing about these letters and how to deal with them, etc..

Cross out your SSN and any other identifying information save for a means for the firm to contact you. I will see how many letters come in and make the call as to when to send them over. I think that 50 would be plenty to convince a firm that this is an important issue.

There is no guarantee of course that anything will happen, but we will never know until we roll the dice. It would be a beautiful thing to put an end to this bologna.

On a side note, I faxed and mailed a Certified letter to Experian's Special Services Manager on April 28, 2004 alerting her to the absence of the required notice on Experian's "Previously Investigated" letter. It was received by fax on 04/28/04 and by mail on May 3, 2004. No response was provided.

i wouldnt have a problem joinin up

I can't wait to send it to ya!!!!!!!!! They have to be stopped.....was talking about the same thing with another cb'er the other day....you must have read my mind.....

What is the notice that they are leaving out? I got a previously investigated letter on 7/22. What should I look for? Thanks.

they're REQUIRED to call your dispute frivolous or irrelevant

I received my "Previously Investigated" letter from Experian today. About 60 days ago I requested an investigation and again on July 22. These articles were obsolete..1977, 1989 and 1990. All had been charged off years ago and again in 1990 and 1989 and now again in 1999. I sent documents and old credit reports and they still refused to do anything. Copies were sent to FTC. So to make a long story short I have had these charges offs showing for over 16 years and cant stop them. I am willing to try anything now.

I will definitely join in, I am so sick of them, I have received several from them and so has my husband. Good luck!

Could we actually get some $$$ out of a class action like this? Boy... THAT would be nice!!!

I will join in as i have gotten more than one from them.

Thanks

Last year my husband got letters from them saying that they were unable to verify... apparantly they were not satisfied with his reason for disputing. These items remained on his report and were not even in the list of items investigated. Can these be included in the possible class action?

If you try to dispute online and get the "previously investigated" response, you can't even dispute again. I have several of these to send.

I will update the thread with a "count" of how many PI notices I have received.

I think once everyone reads this, you might get a few hundred of them, I know I can send you 30 myself.

Count me in, now I've got to start digging through the letters....

Can I suggest you pick a date to mail them out?

That way this won't be delayed and everyone that wants to participate will be reminded

Short...
:bus:

Not that I'm skeptical or anything, but I did a search for this David M. Weber and came up with nothing. Is he a licensed attorney? If so, I have some EX disputes that keep coming back "previously investigated". I'd love for an attorney to get their hands on them...whether there is any monetary compensation for it or not.

I HATE EX....they must be stopped.

Murano, I am not an attorney at all.

You can find me listed on whitepages.com.

My goal in this thread is to bring those of us who have received these notices together, on one page and in orgainzed fashion, such that "the problem" with this Experian notice will be easily recognized by a qualified law firm.

btw, Willy is my cat. :8)

Willy, I meant no harm. Thanks for the explanation and your help with this truly maddening problem w/EX. I have several to send!

I have several now I will pull out and expect one or 2 more in the next month. I'm in.

I too have some previously investigated letters, as well as a letter stating they can't use what I sent in...if this David Weber is legit, I don't have a problem sending in the information.

Has anybody sent their stuff to him yet?

I believe this is the OP...who will forward to an attorney...I could be wrong though

I'm in.....Do you need original or copies of these letters AND What about the internet messages we get that says they won't investigate?

phin, copies are fine. I am unfamiliar with the internet notice that EX provides. Pls post some info on it, thanks.

Count me in! I live around the corner from them too!

monanell

I have been fighting an error with Experian and found out today from the creditor that Experian changed their computer codes without telling the creditors...and has led to over one million mis-reports.

They use to code the reports as paid in full with a code "M" and now they deleted "M" altogether..so when the creditor reported paid in full, Experian reported as "closed at credit grantor request".

Now ain't that some bull right there. Wonder if some creditors will testify to that if you sued over that?

The person who corrected it was very mad at Exeprian - with a major corporation (ACS_ student loans)....she was assigned my complain by the CEO - after I threatened to sue them..Her letter points the finger at Experian.

So that is why PENFED is reporting "CLOSED AT CREDIT GRANTORS REQUEST"

I am told the change in codes was not passed on to the reporters and it wasn't until I complained high high up, that they figured it out....they assigned a new code which gives the account this remark.

now, over 10 hours and months later it is fixed.....I am so pissed at Experian who reports no knowledge - more like no accountablity.

Just got another "previously investigated" letter today... interesting part is that one of the accounts was last disputed last September... almost a year ago!! And they won't investigate it. Sheesh!!!

I will be sending you my stuff... just gotta get it all together and stuff. Is there a certain deadline that you need this all by?

Holy Crap, this would explain why a littel while back I disputed a Cap One account that was "paid/closed, was 30 days" and it came back "closed, was 30 days"

my score crapped.

Do we have any documentation to support this?

Willy,

Does this also pertain to there inability to correct wrong addy's on our CR's.



Lj


:bike:

I have a ltr from ACS which point the finger at Experian for the error.

bcgp, any suggestions? # of consumers? # of notices? I will update below as soon as I go thru responding to other posts.

Tinker, I will post prior to sending them out....say 20 days prior.

LJ, this is a separate animal I think. I posted on this subject and am following up on it right now with complaints, etc... http://www.creditboards.com/phpBB2/viewtop...false+addresses

Update Count (not including me)

2 consumers

5 notices

9 "PI" items

I have been helping several friends out with their credit and ALL of them have received the exact letter...I have lots of friends also...how many do you want. I am pissed about this...my friends are also pissed...

Thanks for this venting


Matt

willy,

I am mailing you 3 PI letters and 1 letter stating they couldn't use my info I sent - went out in today's mail.

Thanks! and pet your cat for me!!

http://www.creditboards.com/phpBB2/viewtop...p=375379#375379 This is a fraud game.

Has the bold faced language been abandoned by Experian since December 2002. I am guessing that it has.

I've got one of those "we can use your info" letters...I'm willing to send it out. Let me know.

5 consumers

11 notices

Some of the notices do not expressly say "Previously Investigated" though they are equivalent.

Hang in there...I sent you 3 that did.

tink, my experience with a TL that is frivilous in EXP eyes is that they will never investigate it again, _ever_..i've got one that has been there for 2+ years and still to this day I get 'previously investigated' even though it shows 0$ balance, $0 original amount, and has had a status of 'consumer disputed' for over 2 years. How could that be accurate?

procedures requests gets me a standard form letter with just the CA's mailing address..nothing more. I actually just gave up on it..too much stress..probably doing what EXP wants me to do, but oh well.

I also received a "previously investigated" letter.

I've got 2 different letters from them that says "WAS PREVIOUSLY INVESTIGATED" as the reason, with some blurb beneath it about how they do their verification.

it is for 2 different accounts (2 bad ones that they only disputed once and will never dispute again)

both are from November of 2003.

Not rain on the parade ... but ...

My lawsuit against Experian consist of 10 claims against them and part of this is the "previously investigated" portion. This by itself is not enough to warrent a lawsuit, but coupled with the other violations and I have a strong case. This will move towards compensation and injuctive relief.

A class action will get you all maybe $.10 each if you win -- the one who gets the most money in a class action suit is the Lawyer who might net $100,000 for the suit. Plus it may force Experian to change their procedures, and include the words "frivilous" when they send out their automated letters.

Do you get what I am saying?

*shrugs*
Jessica

A frivolous or irrelevant determination is required to be accompanied by a notice that generally describes the information that the consumer is required to submit in order to prompt reinvestigation. The notice is absent from the PI form letters. You suggest that failure to provide a notice (that is expressly mandated by the FCRA) is not sufficient to warrant a lawsuit. I didn't know that CRAs reserve the option to intentionally not comply with certain FCRA provisions, including notice provisions.

I would readily pay 10 cents or 10 dollars in order to stop the unfairness. If I get paid 10 cents, that is a great result. I eventually got my disputes resolved after the furnisher contacted an Experian Manager by telephone. This was AFTER Experian failed to take into account the documentation that I submitted in accompaniment with my dispute. I am looking at similar letters from consumers right here on my desk. It is upsetting to me to see this unfairness. A letter from the furnisher is disregarded.

Updates from the furnisher are disregarded. A letter from the furnisher confirming that they have updated the account to show "Never late" is disregarded. This describes unfairness that I have personally experienced and other consumers continue to experience. It is not about 10 cents or 10 dollars, not for me anyway. I can't begin to tell you how disheartening it is to see thread after thread after thread regarding the PI notice. Some are aware of what I have described above and in the related link: Experian IGNORES updates from furnishers. I am speaking about the month to month updates. I did not believe it myself and I can understand why one might have to experience this on his/her own to believe it.

This particular CRA, Experian, does not respect furnishers or consumers. Their goal is to report derogatory information whether true or false. This product http://www.experian.com/subservices/produc...ts/instant.html is not "evidence" of it, but it is consistent with the policies that I have come to learn first hand and by learning of others' virtually identical experiences. Not only is there no comparable product to "instantly" report non derogatory credit information, Experian will ignore updates that are non derogatory.

The magnitude of the problem far exceeds a failure to state "frivolous."

CRAs would love to have each consumer pursue his/her own cause of action such that the CRA bears no risk of paying any fees. The attorneys that handled the single class action that I have been involved in donated half of their fees to NACA. I don't know that this is the norm.

The 2nd paragraph of your post suggests that a consumer might be able to recover more by pursuing an individual cause of action. This might be true, I dunno. What does that say about the next consumer? What does that say about a consumer who doesn't even know that the FCRA exists?

I'd personally never joing a class action suit for cash..i've never seen one where I got more than a few pennies.

you join it in the hopes of keeping what has happened, or is happening to you from happening to other people.