Public Records - Who is the Furnisher?

[PDXBLAZERFAN]

Friends and Advocates,

Who is the "furnisher" of information for the Public Records section of a credit file?

If the CRA is the furnisher, isn't there a double responsibility? What potential violations should consumer be aware of?

Are consumers not receiving the full protection of the FCRA and its dispute process when an entity is the CRA and furnisher? Why?

Thank You

[Enigma]

In general a third party parses the files for information.

I've answered this question is a previous post.

[PDXBLAZERFAN]

If a third party "parses" the information, are CRAs obligated by statute to list the furnisher of the information?

On my Esperian report, the "source" or "furnisher" is listed as the County Recorder. What role the County Recorder plays in the credit file is undefined or at least, the column listing the County Recorder is undefined.

Esperian did, in their response to my dispute, say to contact the "credit grantor" if not satisfied with the investigation results. "Credit grantor"? This statement misleads the consumer in that the County Recorder is not a "Credit Grantor" and two, the County Recorder is not the furnisher of information. My opinion the furnisher of information is the CRA, possibly Lexis/Nexus, and a distant possibility its the hourly agent of the CRA.

Any theories on how this damages the consumer? Violations to statute?
Thanks Again

[Enigma]

The CRA is claiming that the DF is the County Recorder. Now, you draft a letter to the County Recorder; "on xx/xx/xx CRA claims you furnished them xxxxxxx. On what date did you furnish the data and what type of information did you furnish to CRA. If it is your policy not to furnish data to CRA then please confirm same. A SASE is enclosed for your convenience."

If the County Recorder states they don't or did not furnish, then that data field is inaccurate and therefore must be deleted. If not you have your cause of action.

In your previous post I beleive I answered this.

[neil5623]

I mailed a letter to my County Clerk requesting to know if a CRA contacted them about a Judgment over a month ago, no response. Today I went there and talked to an office person. Their response was that they do not know because the CRAs can access that info on-line and also they do not provide letters saying anything about contact from a CRA.

Any thoughts on how to proceed now?

[drivel]

enigma, is it me, or did you answer this in a previous post?

No need to respond, I'll ask again in a future post..

[neil5623]

The County will not provide me a letter stating ANYTHING. That is the problem.

[Enigma]

The County is the furnisher. See Section 623 of the FCRA. As such they are governed by it.

The clerk answered your question when she said that access is provided online.

The term "furnisher" is not defined in the FCRA. Most courts turn to Merriam-Webster, which defines "furnisher" as; to provide with what is needed. In this instance, they supply the public records data through various means.

If Experian is not accurately reporting the data as supplied by the County, then you must follow 623 to invoke your rights. Without following the proper steps, litigation is not an option.

How is the data reporting, and what fields are being inaccurately reported?

[neil5623]

Quote:

Originally Posted by Enigma How is the data reporting, and what fields are being inaccurately reported?

Unfortunately it is reporting correctly. I was hoping to get them on the technicality of not contacting the county for the information.

[centex]

Quote:

Originally Posted by neil5623 Unfortunately it is reporting correctly. I was hoping to get them on the technicality of not contacting the county for the information.

If it is, in fact, viewable online, then going to the website would be considered by many courts as a 'contact' made of the County.