Monday, May 25, 2020

Section 623 Letter

Read: https://www.preventloanscams.org/623-dispute-letter/

A Section 623 letter is supposed to be your "third bite of the apple" with the credit bureau.  First, lets look at the code.  This is available at 15 USC § 1681s–2 aka FCRA section 623.
(1)Prohibition (A)Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. (B)Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if— (i)the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and (ii)the information is, in fact, inaccurate.
There is more, but I don't see how there is any duty on the part of the credit reporting agency.  Instead it talks about the furnisher of information.

That website states:  "Assuming you’ve completed the credit bureau dispute process, the next step is to submit a verification letter to the credit bureau in question."  I think this is wrong.  The second credit bureau in that sentence should read "furnisher of information" or "collection agency".

My tentative conclusion is that a 623 letter is sent to the collection agency, not the credit bureau and is the same thing I previously called a Notice of Dispute.  So I think you get only 2 bites of the apple with the credit bureau, but 3 bites with the collection agency.

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