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TeleCheck FCRA violations - not providing complete file - possible suit?


mrspock08
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Hi Everyone,

 

Okay, I need a bit of help from some of the experts here. I'm in the middle of the usual cycle of nightmares with TeleCheck, and I'm beginning to think I may end up having to take them to court just to get my complete file, let alone fixing their errors. So, I'm trying to put together all of the information I'll need and to make sure I've got my ducks in a row first. I'll mention that I've done a search on the forums but haven't seen anything that's closely comparable to my issue, so hence why I'm asking. If someone knows of another thread where this is dealt with, I'd appreciate being pointed that way.

 

So, here's my issues. First off, there's an item on my TeleCheck report which they've blatantly redated. I have a (partial) report from last year which shows the item dated 5/8/09, and when I received my (partial) report last week the same account is now dated 5/9/2014 (more than a month IN THE FUTURE, talk about chutzpah on redating!). That's the first issue - not sure whether this is worth going after them over, but if I end up having to sue them over the 2nd issue, I'll certainly bring up the redating in my complaint.

 

Now the bigger issue. When I request why report from TeleCheck I don't give them my banking info, full DL number, employment details, blood type, or the key to my front door - most all of which they ask for. Instead, per the FCRA and the FTC's guidance I provide my name, DOB, SSN and address, as well as a copy of my DL (with the last few digits blocked) as 'proof of identity' with my written request for my file.

 

They sent a partial report, but the report specifically notes:

"Linked Data: Your record is linked to information not included in this report, which can be provided to you subject to identity
verification prior to disclosure. Please contact TeleCheck at 1-800-366-1435 Monday-Friday 8:00am to 12:00 pm CST and from 1:00pm to 4:30pm CST."
So today I decided to call and find out exactly what "identity verification" meant. After talking in circles with one of their "Resolution Specialists" she initially stated that they provided all of the information that was in my report, the "linked information not included" was a typo and everything WAS included in my report. When I pressed and asked directly again, she noted that there WAS additional information that was linked but that they could not provide it to me without my complete driver's license number and full banking details. She wouldn't give me any details about what other information they had, etc.
Obviously, they're able connect that information to my file without all that, because they've tied it to my record enough to tell me they have it, but are now refusing to release it to me. Short of giving them everything but my firstborn, can anyone think of a way to obtain my full file without resorting to a lawsuit and discovery? From my understanding, if I go ahead and sue and file a motion for discovery to compel the production of documents they will *have* to provide everything they have tied to my file, but I know that's biting off a whole lot for possibly little results.
So, my core questions are 1) Is the re-dating of an account to a future date actionable under FCRA. 2) Is the failure to provide my complete consumer report file actionable under FCRA? 3) If I'm going to go the court route, should I send then another request first, specifically disputing both the redating and their failure to provide my complete record, and pointing out the FCRA violations? (It doesn't seem like asking for my file again would be of any point, since they'll just say "give us more info", but I figure a judge might appreciate seeing the multiple attempts), and 4) From some of the folks who've been there done that, is it worth it to file the suit and go that route. Obviously, before I actually sue I'd send them an intent-to-sue letter with my complaint fully drafted, so they know I'm serious, but is there anything to be gained?
I'll mention that I'm no lawyer but I'm relatively comfortable within the legal system - I've represented myself pro se in a couple of other civil issues, and have won 2 FDCPA violation cases in federal court with an attorney, who's agreed to look over my complaint for me and advise me, but he isn't interested in taking on this case.
Thanks in advance for anybody that shares their thoughts!
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I agree with ICANHASMUNY? on the CFPB complaint.

 

They have a legal right to verify identity, so I never mind sending them a copy of my ID (they can get a copy anyway from DMV records), but I will not send any banking account information. They don't need my banking, employment or telephone number to verify identity if I've provided the other items.

 

Telecheck is SOS (stuck on stupid) and has skirted the FCRA for years. Light an even bigger fire under them by filing a consumer complaint with the AG in your state, and send the general counsel for their parent company a copy. http://www.firstdata.com/en_br/about-first-data/leadership-team/david-money-bio.html

 

(What state do you live in?)

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I agree with ICANHASMUNY? on the CFPB complaint.

 

They have a legal right to verify identity, so I never mind sending them a copy of my ID (they can get a copy anyway from DMV records), but I will not send any banking account information. They don't need my banking, employment or telephone number to verify identity if I've provided the other items.

 

Telecheck is SOS (stuck on stupid) and has skirted the FCRA for years. Light an even bigger fire under them by filing a consumer complaint with the AG in your state, and send the general counsel for their parent company a copy. http://www.firstdata.com/en_br/about-first-data/leadership-team/david-money-bio.html

 

(What state do you live in?)

Hi tmcgill & ICANHASMUNY?

 

That's a good idea that I hadn't thought of, I'll be doing so tonight. As for a complaint with the AG, that's also a good plan. Not that I expect it to go anywhere - I live in Georgia, and they aren't known for consumer protection down here, but at least it should be a kick in the pants for the company.

 

Thanks for the advice and thoughts!

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