TransUnion fails to comply 611 FCRA

[Easyk]

Hello,

Need help on a possible 611 FCRA violation.

 

1. Sent a letter to TransUnion on April 15 requesting an investigation and disputing items to correct or delete, got response saying they verified the alleged debt on May 7.

 

2. Sent a second letter on May 24 requesting a re-investigation and disputing items to correct or delete, also to provide method of investigation, got a response saying they verified the alleged debt on June 10.

 

3. Sent a third letter CMRR on June 25 requesting under 611 of FCRA to provide detailed information of method of re-investigation including name, address and telephone of any furnisher used to verify the alleged debt, got a response July 2 with some "procedure" explanation.

 

As to date, none of the information requested to verify said account was provided, which comes to my attention since the CA has also failed to validate under TFC.

 

What are my options: Send ITS? File lawsuit for damages? File a complaint to CFPB?

Any suggestions? Thanks in advance.

[LKH]

Have you read the TFC Master Thread?

 

 

http://creditboards.com/forums/index.php?showtopic=240327

[Easyk]

Have you read the TFC Master Thread?

 

 

http://creditboards.com/forums/index.php?showtopic=240327

 

Yes, already did a 1-2 punch Texas DV and already got some violations and getting deletions.

 

This concerns a TransUnion violation under the Fair Credit Reporting Act, would also like to make them accountable for their non-compliance.

 

Since the implementation of e-Oscar, I have read that disputes are not addressed correctly by CRA's consequently in great disadvantage to consumers.

 

So, the question is what should be my next course of action?

 

 

Edited July 22, 2014 by Easyk

[Easyk]

Anyone?

[tmcgill]

As a Credit Reporting Agency (CRA), Transunion did what it was suppose to. The FCRA does not require them to validate information. It requires them to investigate your dispute with the reporting business or individual - and send you the results of that investigation.

 

Your Post:

got response saying they verified the alleged debt on May 7.

 

Upon your request, it requires them to provide the procedures used for the investigation.

 

Your Post:

got a response July 2 with some "procedure" explanation.

 

How did the Collection Agency (CA) fail to validate? Did they send anything when you requested validation?

[Easyk]

As a Credit Reporting Agency (CRA), Transunion did what it was suppose to. The FCRA does not require them to validate information. It requires them to investigate your dispute with the reporting business or individual - and send you the results of that investigation.

 

Your Post:

got response saying they verified the alleged debt on May 7.

 

Upon your request, it requires them to provide the procedures used for the investigation.

 

Your Post:

got a response July 2 with some "procedure" explanation.

 

How did the Collection Agency (CA) fail to validate? Did they send anything when you requested validation?

 

Thanks for the response, just to clarify this is not an issue of validation.

 

The Fair Credit Reporting Act § 611 (a)(6)( B )(iii) states the following:

 

“a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available.”

 

In the letter sent by TransUnion by "procedure" it just says that it was investigated and made contact to gather all relevant information to verify the accuracy of the information reported.. blah blah blah, it does not include the name, address and telephone of any furnisher used to verify the alleged debt or even state that such is not available.

 

The specific information requested under 611 of the FCRA was not provided, under section 616 of the FCRA failure to comply may result in damages.

 

Am I missing something?

 

 

Edited July 25, 2014 by Easyk

[tmcgill]

including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available.”

 

With any violation, you have to show negligence or noncompliance. Since they sent a response, the lack of exact contact information may not - on its own - show negligence or noncompliance. Did they respond within the 15 day requirement?

Edited July 25, 2014 by tmcgill

[Easyk]

including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available.”

 

With any violation, you have to show negligence or noncompliance. Since they sent a response, the lack of exact contact information may not - on its own - show negligence or noncompliance. Did they respond within the 15 day requirement?

 

Yes, response was well under 15 days.

 

I would think that if they do not have the information requested reasonably available would have state such in the letter sent, not just disregard that important provision of the FCRA.

 

But you may be right, might not be enough to prove noncompliance.

 

Thanks for the input on this matter.