AFNI-is this a violation

rubyruby27 · 09-02-2007, 11:28 AM

I was trying to find the GC for AFNI on there web site. In doing so I found where they say they update to the CRA on a weekly basis.

Would updating there TL weekly be a violation per week. That would be sweet if it was.

That's a minimum of 4,000 a month per credit report. I know there is case law that says each publication (verifying) is a new violation.

I am still looking for case law that it is per violation.

VexatiousLitigant · 09-02-2007, 02:25 PM

The act of reporting or updating a TL is not an actionable FCRA violation. If they verified your dispute once a week, that would be different, but it would be nearly impossible since you practically can only get one verification per month per CRA.

Certainly a possible FDCPA violation per week.

Enigma · 09-02-2007, 03:34 PM

Quote:

Originally Posted by VexatiousLitigant

The act of reporting or updating a TL is not an actionable FCRA violation. If they verified your dispute once a week, that would be different, but it would be nearly impossible since you practically can only get one verification per month per CRA.

Certainly a possible FDCPA violation per week.

It can be both. It can be a FCRA violation if it is not accurate.

centex · 09-02-2007, 04:26 PM

There is still the issue of proving up that they made a report on every account on a weekly basis. The fact that reporting may occur weekly does not automatically imply that every account is updated. A purchaser or even placement office is going to have a constant stream of new paper coming in and for the contingency work, they want the placer to know it won't sit around for a month before getting posted.

My question is why anyone would have more than a week to be messing with AFNI. They were gone inside of a 48 hour window when ex-roomie had a sprint issue. Of course, I am not afraid to use my phone, which likely helped in the resolution...

rubyruby27 · 09-03-2007, 12:45 AM

Because I am not a lawyer and I am trying to ensure if they don't comply I have ammunition to nail them.

Enigma · 09-03-2007, 01:40 AM

After reading the information they provide on their website, it is my understanding that only new or changed information is updated on a weekly basis. I don't believe that every single account is updated.

If your account is being updated, shouldn't your reports indicate a date change?

rubyruby27 · 09-03-2007, 10:30 AM

Yes, I would think so, but who knows, nothing else is right about my cr. They are also reporting as factoring and of course they are in the open good accounts section. They have re aged the account.

It is interesting to me, that the OC put on my cr that I had 2 accounts with them, one I opened in say 95 and another in 97. I only had one acct never 2 of them, plus I thought it was paid.

They are posting the info for the 95 account but using the date of last payment on the 97 account on EQ. I only know this from an old CR, back then I didn't know anything otherwise I would have done something about 2 TL's when I know I only had one account with them.