On 09/23/2003 I purchased my Experian report online. Disputed 4 items at the same time online. Then called them same day, regarding another item (6 versions of my name on the report - which they refused to remove any of them), and verified that they had received the dispute of the 4 items.

On 10/01/2003 we went to get a loan to purchase a house. Broker pulled a merged report, and Experian reported the 4 items that I had disputed on 09/23/2003, with no mention on the report as any one of those items being disputed. Therefore I was pulled off the application, and had to go on wife's alone.

Now under the FCRA sect. 605, subsect. (F) it states:

§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

(f) Indication of dispute by consumer. If a consumer reporting agency is notified pursuant to section 623(a)(3) [§ 1681s-2] that information regarding a consumer who was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information.

(Related Section) 623 (a) (3) states:
§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

(a) Duty of furnishers of information to provide accurate information.

(3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.


Sounds pretty clear to me?

On 10/03/2003 I called Experian customer service, told them the whole story, and she stated that they do not mark items in dispute when under investigation, on any report except to the consumer himself so that the consumer can see that its under dispute. Asked them about FCRA sect. 605, subsect. (F), and she (Gene) sounded like she could care less, and stated that was their policy. Told her (Gene) I was going to contact the FTC. She (Gene) said that was fine. End of conversation with Experian.

Got right on the phone with FTC. Told them the whole story, she was very helpful, looked up the statue, agreed with me, took a full report, and gave me a case #3417848. My understanding of the FTC, is they only add it to a database of complaints, for future action.

Does this sound like a clear violation of the FCRA sect. 605, subsect. (F)?

Downloaded the forms for the Oregon Attorney General's Consumer Complaint Form.

Would like to get some other opions on how to handle this matter before I file them. I am fed up with the CRB's walking all over the little guy, and am willing to take this matter to court, if need be.

Any idea's?

Thanks

Thank you! What a great contribution, I've been trying to find out how Experian handles disputes, I've been thinking that they don't report the disputes, but you're the first person with proof who posted.

I totally agree that it is a violation of the FCRA. I *think* that the intention of the legislators was to ensure that a disputed account would be IGNORED by creditors.

The FCRA gives the bureaus 5 days to begin an investigation, and your dates show that the broker report was run after more than 5 days.

Since the FICO scores have been around for Equifax for a much longer time and Fair Isaac provides MUCH more info about the Equifax score factors, I know that MOST of the times disputed accounts are ignored by the FICO scores after a consumer dispute is reported by Equifax.

I also believe that TU does NOT report the disputes.

I just looked up the definition of "consumer report" - learned in my suit that those definitions are really important.

http://www.ftc.gov/os/statutes/fcra.htm#603

§ 603. Definitions; rules of construction [15 U.S.C. § 1681a]

(d) Consumer report.

(1) In general. The term "consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for

(A) credit or insurance to be used primarily for personal, family, or household purposes;

---------------

So, sure looks to me like they should have reported your disputes on the broker's credit report.

Regarding (Related Section) 623 (a) (3) states:
§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

The problem is that ONLY regulators can enforce Section (a) violations. And that's why I'm suing the FTC and the Federal Reserve Bank of Richmond - they refuse to enforce the FCRA.

Are you considering legal action? I just found out that Oregon has electronic filing for federal court, and I'm relocating to Oregon.