2011年12月11日 星期日

Credit Reinvestigation Procedures - Part 2

Can every bureau and/or furnisher meet this 30-day deadline? Clearly the answer is no, since they're required to contact the furnisher in accordance with the FCRA whenever a dispute is received, and many furnishers are simply far too busy to respond to every single dispute. When a bureau can't verify an entry as accurate, the law requires that the information be deleted from the report. Furthermore, if the furnisher provides incomplete information or simply fails to respond to the bureau's request for verification, the item must be deleted.

Unless a 15-day extension is allowed (due to a consumer's supplying more information during the 30-day window), a furnisher will normally have 15 to 23 days to respond to the notice of the dispute. Further, state law may set a maximum number of days that the credit reporting agency has to contact the furnisher, and the more restrictive statutes will apply. This can be useful for residents of Nevada, Vermont, and Washington, where the maximum is five days. States can also set a maximum number of days for a reinvestigation; however, at the time of this writing there is only one state that has a more restrictive time requirement: Maine allows only 21 days! New Hampshire also requires bureaus to notify consumers of results within 10 days following the 30-day reinvestigation period.

And FACTA requires that bureaus notify consumers who dispute information of their right to request a description of procedures used to reinvestigate, including the name, address, and telephone number of any person contacted within 15 days of receipt of the request. This is extremely useful for those disputing information, whether accurate or not. The fact that disputers can always go back and demand this information from a reporting agency following a reinvestigation that has an unfavorable outcome (i.e., one that verifies adverse data so that it remains on the credit report) places a labor burden on the bureaus, which m ay cause them to delete the information.

Contrary to popular my th, disputed credit bureau entries aren't temporarily deleted during the reinvestigation period, but they can be shown to be in dispute. Bureaus don't show a consumer's version of events, though there isn't anything in the law that prevents them from acknowledging a consumer's version of the dispute.

Any foot-dragging on the part of the bureaus should call you to action. They generally have 30 days from the date they receive the dispute to complete their investigation. (This is why your dispute letters, like all correspondence with the bureaus, must be sent via certified mail with a request for a return receipt; the return receipts will provide proof of the date the bureaus received the dispute.) If you don't receive a response from any bureau within the allotted time, send a follow-up letter demanding that it remove the item(s) or you'll lodge a complaint with the FTC and state attorney general.

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