[cracrap]

wasnt it a violation for not marking a tradeline as being disputed? i cant find a private coa in the fcra for it though..
i thought i read somewhere that each report by each bureau each month was an offense

[Enigma]

623(a)(3)

[cracrap]

in my understanding of reading 623(a), it does not provide for a private right of action for not marking a file as being disputed
isnt there a way around this ?

[Enigma]

FDCPA 807(8)

[gweedoh]

Originally Posted by cracrap

in my understanding of reading 623(a), it does not provide for a private right of action for not marking a file as being disputed
isnt there a way around this ?

It's true there is no private right to action under 623(a), but 623(b) is not bound by the same limitations as 623(a).

Under 623(b) you have to dispute the info with the CRA instead of the DF. If the DF verifies the info without providing a notice of dispute, you then have a PRA for FCRA violations.

Otherwise, you're looking at a PRA on FDCPA violations only.

[cracrap]

623b does not deal with the tradeline being marked in dispute only 623a does
623b is failure to investigate after notification
i dont see how u can use 623b for failure to mark tradeline as being disputed
..but hey, im open to suggestions

[apexcrsrvc]

DiPrenzio . . . that is the seminal case on the matter.

[gweedoh]

Originally Posted by cracrap

623b does not deal with the tradeline being marked in dispute only 623a does
623b is failure to investigate after notification
i dont see how u can use 623b for failure to mark tradeline as being disputed
..but hey, im open to suggestions

623(b) also deals with the DFs obligations to correct inaccurate information. If the TL is disputed but not marked as disputed, it's not reporting accurately. Any CRA dispute in this case must, at the very least, result in the DF reporting that the account is disputed.