My complaint to start off i went to get a bank account and found out from that bank i was appling with that they was on there. Well i sent a direct dispute to chexsystems over 45 days ago and they and citadel are in violation of the fcra, fdcpa. They both failed to validate this debt. They also slandered me, defamation of character, Original Creditor - 623 Method they failed to respond to my dispute letter, they also failed to correct the information as consumer disputes, they are hurting me from getting another bank account, major stress, i have cleared up my credit and they damaged it by reporting inaccurate information to the credit reporting agencys. These people are the worst i ever delt with. Its horrible when they defam you and keep you from getting a bank account and then refuse to deal with you so now all i have to say is pay up what is owed to me. Its not fair that they damage your credit, your good name and then refuse to deal with you. They are in violation and yes im looking for a attorney to help me because these people are not doing there job the way it should be they damage your good name and then try to get away with it.
623. (b) Duties of furnishers of information upon notice of dispute.
(1) In general. After receiving
notice pursuant to section 611 (a) (2) [ 1681i] of a dispute with regard
to the completeness or accuracy of any information provided by a person
to a consumer reporting agency, the person shall
(A) conduct an investigation with respect to the disputed information;
(B) review all relevant information provided by the consumer reporting agency pursuant to section 611 (a) (2) [ 1681i];
(C) report the results of the investigation to the consumer reporting agency;
(D) if the investigation finds
that the information is incomplete or inaccurate, report those results
to all other consumer reporting agencies to which the person furnished
the information and that compile and maintain files on consumers on a
nationwide basis; and
(E)
if an item of information disputed by a consumer is found to be
inaccurate or incomplete or cannot be verified after any reinvestigation
under paragraph (1), for purposes of reporting to a consumer reporting
agency only, as appropriate, based on the results of the reinvestigation
promptly —
(i) modify that item of information;
(ii) delete that item of information; or
(iii) permanently block the reporting of that item of information.
An original creditor must:
Conduct an investigation of the dispute
review all information provided by the consumer relating to the dispute
Respond within 30 days to the investigation
If the information is inaccurate, they must notify the credit bureaus of the mistake and tell the credit bureau to correct it.
If the OC fails to comply
If the OC fails to comply with your dispute, they are in
violation of the FCRA, but you can't sue them unless you have disputed
with the Credit Bureaus FIRST.
Disputing with the credit bureau FIRST is not something you can
shortcut or forget.in order to place the liability of reporting
accurately squarely on the shoulders of the OC, you must have disputed
the listing with the credit bureaus. This means you have either online,
via the telephone or in writing, disputed a listing with the credit bureaus and then WAITED FOR THE RESULTS OF THE INVESTIGATION.
Here is the law which enforces the fact that you must dispute with the credit bureau first:
623. (c) LIMITATION ON LIABILITY - Except as provided in section 621 (c) (1) (B), sections 616 and 617 do not apply to any violation of—
(1) subsection (a) of this section, including any regulations issued thereunder;
(2) subsection (e) of this section,
except that nothing in this paragraph shall limit, expand, or otherwise
affect liability under section 616 or 617, as applicable, for violations
of subsection (b) of this section;
Sections 616 and 617
of the FCRA talk about how much the fines are for violations of the
FCRA (the willful and negligent non compliance), typically $1000.
However, if you have disputed the information with the credit bureaus FIRST, they are supposed to have talked to the original creditor, even though we know that doesn't happen,
and the original creditor is supposed to have at that time conducted an
investigation, under FCRA 623 (b), under which you, as a private
citizen CAN sue them. When you go to the original creditor under FCRA
623 (a) (8), you are just merely asking for the OC's proof that they
must have (hear the sarcasm in my voice here) provided to the credit
bureaus during the OC's thorough (there's that sarcasm again)
investigation. If they have no proof of negative information, but the
credit bureau says that the results of the investigation show the
negative information is accurate, then you have the OC on an actionable,
sue-able (by you) offense.
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