Legal Question in Credit and Debt Law in Pennsylvania

When you say that you have disputed this, with whom? The credit bureaus or the collectors/creditors listed on the report? The Fair Credit Reporting Act requires your daughter to send a certified letter to the creditors who put the information on the report. Since its not clear what happened, I would date of birth, full Social Security number and other details. Since your daughter is an adult, she is the one who must do this if she is competent.

If, after you have sent the certified letter, the collector refuses to take off the incorrect infornation, then your daughter can sue.

Regarding your question about "how can they report" its easy. Either your daughter was the victim of identity fraud or theft or she has the same or similar name/social security number as someone else.

I have disputed information with creditors and would be happy to send letters on your daughter's behalf for a reasonable fee. Please contact me at [email protected] if interested.

If your daughter wants to do this on her own, see the below statute. If your daughter has done what was required, then she needs to see an attorney to bring a lawsuit for the violation of the Fair Credit Reporting Act if this is not her debt and the creditor or collector refuses to remove the disputed items. You can recover attorney fees under the act.

15 U.S.C. � 1681s-2: Responsibilities of furnishers of information to consumer reporting agencies

(a) Duty of furnishers of information to provide accurate

information

(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.

(C) No address requirement

A person who clearly and conspicuously specifies to the

consumer an address for notices referred to in subparagraph (B)

shall not be subject to subparagraph (A); however, nothing in

subparagraph (B) shall require a person to specify such an

address.

(D) Definition

For purposes of subparagraph (A), the term "reasonable cause

to believe that the information is inaccurate" means having

specific knowledge, other than solely allegations by the

consumer, that would cause a reasonable person to have

substantial doubts about the accuracy of the information.

(2) Duty to correct and update information

A person who -

(A) regularly and in the ordinary course of business

furnishes information to one or more consumer reporting

agencies about the person's transactions or experiences with

any consumer; and

(B) has furnished to a consumer reporting agency information

that the person determines is not complete or accurate,

shall promptly notify the consumer reporting agency of that

determination and provide to the agency any corrections to that

information, or any additional information, that is necessary to

make the information provided by the person to the agency

complete and accurate, and shall not thereafter furnish to the

agency any of the information that remains not complete or

accurate.

(3) Duty to provide notice of dispute

If the completeness or accuracy of any information furnished by

any person to any consumer reporting agency is disputed to such

person by a consumer, the person may not furnish the information

to any consumer reporting agency without notice that such

information is disputed by the consumer.

(4) Duty to provide notice of closed accounts

A person who regularly and in the ordinary course of business

furnishes information to a consumer reporting agency regarding a

consumer who has a credit account with that person shall notify

the agency of the voluntary closure of the account by the

consumer, in information regularly furnished for the period in

which the account is closed.

(5) Duty to provide notice of delinquency of accounts

(A) In general

A person who furnishes information to a consumer reporting

agency regarding a delinquent account being placed for

collection, charged to profit or loss, or subjected to any

similar action shall, not later than 90 days after furnishing

the information, notify the agency of the date of delinquency

on the account, which shall be the month and year of the

commencement of the delinquency on the account that immediately

preceded the action.

(B) Rule of construction

For purposes of this paragraph only, and provided that the

consumer does not dispute the information, a person that

furnishes information on a delinquent account that is placed

for collection, charged for profit or loss, or subjected to any

similar action, complies with this paragraph, if -

(i) the person reports the same date of delinquency as that

provided by the creditor to which the account was owed at the

time at which the commencement of the delinquency occurred,

if the creditor previously reported that date of delinquency

to a consumer reporting agency;

(ii) the creditor did not previously report the date of

delinquency to a consumer reporting agency, and the person

establishes and follows reasonable procedures to obtain the

date of delinquency from the creditor or another reliable

source and reports that date to a consumer reporting agency

as the date of delinquency; or

(iii) the creditor did not previously report the date of

delinquency to a consumer reporting agency and the date of

delinquency cannot be reasonably obtained as provided in

clause (ii), the person establishes and follows reasonable

procedures to ensure the date reported as the date of

delinquency precedes the date on which the account is placed

for collection, charged to profit or loss, or subjected to

any similar action, and reports such date to the credit

reporting agency.

(6) Duties of furnishers upon notice of identity theft-related

information

(A) Reasonable procedures

A person that furnishes information to any consumer reporting

agency shall have in place reasonable procedures to respond to

any notification that it receives from a consumer reporting

agency under section 1681c-2 of this title relating to

information resulting from identity theft, to prevent that

person from refurnishing such blocked information.

(B) Information alleged to result from identity theft

If a consumer submits an identity theft report to a person

who furnishes information to a consumer reporting agency at the

address specified by that person for receiving such reports

stating that information maintained by such person that

purports to relate to the consumer resulted from identity

theft, the person may not furnish such information that

purports to relate to the consumer to any consumer reporting

agency, unless the person subsequently knows or is informed by

the consumer that the information is correct.

(7) Negative information

(A) Notice to consumer required

(i) In general

If any financial institution that extends credit and

regularly and in the ordinary course of business furnishes

information to a consumer reporting agency described in

section 1681a(p) of this title furnishes negative information

to such an agency regarding credit extended to a customer,

the financial institution shall provide a notice of such

furnishing of negative information, in writing, to the

customer.

(ii) Notice effective for subsequent submissions

After providing such notice, the financial institution may

submit additional negative information to a consumer

reporting agency described in section 1681a(p) of this title

with respect to the same transaction, extension of credit,

account, or customer without providing additional notice to

the customer.

(B) Time of notice

(i) In general

The notice required under subparagraph (A) shall be

provided to the customer prior to, or no later than 30 days

after, furnishing the negative information to a consumer

reporting agency described in section 1681a(p) of this title.

(ii) Coordination with new account disclosures

If the notice is provided to the customer prior to

furnishing the negative information to a consumer reporting

agency, the notice may not be included in the initial

disclosures provided under section 1637(a) of this title.

(C) Coordination with other disclosures

The notice required under subparagraph (A) -

(i) may be included on or with any notice of default, any

billing statement, or any other materials provided to the

customer; and

(ii) must be clear and conspicuous.

(D) Model disclosure

(i) Duty of Board to prepare

The Board shall prescribe a brief model disclosure a

financial institution may use to comply with subparagraph

(A), which shall not exceed 30 words.

(ii) Use of model not required

No provision of this paragraph shall be construed as

requiring a financial institution to use any such model form

prescribed by the Board.

(iii) Compliance using model

A financial institution shall be deemed to be in compliance

with subparagraph (A) if the financial institution uses any

such model form prescribed by the Board, or the financial

institution uses any such model form and rearranges its

format.

(E) Use of notice without submitting negative information

No provision of this paragraph shall be construed as

requiring a financial institution that has provided a customer

with a notice described in subparagraph (A) to furnish negative

information about the customer to a consumer reporting agency.

(F) Safe harbor

A financial institution shall not be liable for failure to

perform the duties required by this paragraph if, at the time

of the failure, the financial institution maintained reasonable

policies and procedures to comply with this paragraph or the

financial institution reasonably believed that the institution

is prohibited, by law, from contacting the consumer.

(G) Definitions

For purposes of this paragraph, the following definitions

shall apply:

(i) Negative information

The term "negative information" means information

concerning a customer's delinquencies, late payments,

insolvency, or any form of default.

(ii) Customer; financial institution

The terms "customer" and "financial institution" have the

same meanings as in section 6809 of this title.

(8) Ability of consumer to dispute information directly with

furnisher

(A) In general

The Federal banking agencies, the National Credit Union

Administration, and the Commission shall jointly prescribe

regulations that shall identify the circumstances under which a

furnisher shall be required to reinvestigate a dispute

concerning the accuracy of information contained in a consumer

report on the consumer, based on a direct request of a

consumer.

(B) Considerations

In prescribing regulations under subparagraph (A), the

agencies shall weigh -

(i) the benefits to consumers with the costs on furnishers

and the credit reporting system;

(ii) the impact on the overall accuracy and integrity of

consumer reports of any such requirements;

(iii) whether direct contact by the consumer with the

furnisher would likely result in the most expeditious

resolution of any such dispute; and

(iv) the potential impact on the credit reporting process

if credit repair organizations, as defined in section

1679a(3) of this title, including entities that would be a

credit repair organization, but for section 1679a(3)(B)(i) of

this title, are able to circumvent the prohibition in

subparagraph (G).

(C) Applicability

Subparagraphs (D) through (G) shall apply in any circumstance

identified under the regulations promulgated under subparagraph

(A).

(D) Submitting a notice of dispute

A consumer who seeks to dispute the accuracy of information

shall provide a dispute notice directly to such person at the

address specified by the person for such notices that -

(i) identifies the specific information that is being

disputed;

(ii) explains the basis for the dispute; and

(iii) includes all supporting documentation required by the

furnisher to substantiate the basis of the dispute.

(E) Duty of person after receiving notice of dispute

After receiving a notice of dispute from a consumer pursuant

to subparagraph (D), the person that provided the information

in dispute to a consumer reporting agency shall -

(i) conduct an investigation with respect to the disputed

information;

(ii) review all relevant information provided by the

consumer with the notice;

(iii) complete such person's investigation of the dispute

and report the results of the investigation to the consumer

before the expiration of the period under section 1681i(a)(1)

of this title within which a consumer reporting agency would

be required to complete its action if the consumer had

elected to dispute the information under that section; and

(iv) if the investigation finds that the information

reported was inaccurate, promptly notify each consumer

reporting agency to which the person furnished the inaccurate

information of that determination and provide to the agency

any correction to that information that is necessary to make

the information provided by the person accurate.

(F) Frivolous or irrelevant dispute

(i) In general

This paragraph shall not apply if the person receiving a

notice of a dispute from a consumer reasonably determines

that the dispute is frivolous or irrelevant, including -

(I) by reason of the failure of a consumer to provide

sufficient information to investigate the disputed

information; or

(II) the submission by a consumer of a dispute that is

substantially the same as a dispute previously submitted by

or for the consumer, either directly to the person or

through a consumer reporting agency under subsection (b) of

this section, with respect to which the person has already

performed the person's duties under this paragraph or

subsection (b) of this section, as applicable.

(ii) Notice of determination

Upon making any determination under clause (i) that a

dispute is frivolous or irrelevant, the person shall notify

the consumer of such determination not later than 5 business

days after making such determination, by mail or, if

authorized by the consumer for that purpose, by any other

means available to the person.

(iii) Contents of notice

A notice under clause (ii) shall include -

(I) the reasons for the determination under clause (i);

and

(II) identification of any information required to

investigate the disputed information, which may consist of

a standardized form describing the general nature of such

information.

(G) Exclusion of credit repair organizations

This paragraph shall not apply if the notice of the disputeis submitted by, is prepared on behalf of the consumer by, or

is submitted on a form supplied to the consumer by, a credit

repair organization, as defined in section 1679a(3) of this

title, or an entity that would be a credit repair organization,

but for section 1679a(3)(B)(i) of this title.

(9) Duty to provide notice of status as medical information

furnisher

A person whose primary business is providing medical services,

products, or devices, or the person's agent or assignee, who

furnishes information to a consumer reporting agency on a

consumer shall be considered a medical information furnisher for

purposes of this subchapter, and shall notify the agency of such

status.

(b) Duties of furnishers of information upon notice of dispute

(1) In general

After receiving notice pursuant to section 1681i(a)(2) of this

title 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 1681i(a)(2) of this title;

(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.

(2) Deadline

A person shall complete all investigations, reviews, and

reports required under paragraph (1) regarding information

provided by the person to a consumer reporting agency, before the

expiration of the period under section 1681i(a)(1) of this title

within which the consumer reporting agency is required to

complete actions required by that section regarding that

information.

(c) Limitation on liability

Except as provided in section 1681s(c)(1)(B) of this title,

sections 1681n and 1681o of this title 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 1681n or 1681o of this title, as applicable, for

violations of subsection (b) of this section; or

(3) subsection (e) of section 1681m of this title.

(d) Limitation on enforcement

The provisions of law described in paragraphs (1) through (3) of

subsection (c) of this section (other than with respect to the

exception described in paragraph (2) of subsection (c) of this

section) shall be enforced exclusively as provided under section

1681s of this title by the Federal agencies and officials and the

State officials identified in section 1681s of this title.

(e) Accuracy guidelines and regulations required

(1) Guidelines

The Federal banking agencies, the National Credit Union

Administration, and the Commission shall, with respect to the

entities that are subject to their respective enforcement

authority under section 1681s of this title, and in coordination

as described in paragraph (2) -

(A) establish and maintain guidelines for use by each person

that furnishes information to a consumer reporting agency

regarding the accuracy and integrity of the information

relating to consumers that such entities furnish to consumer

reporting agencies, and update such guidelines as often as

necessary; and

(B) prescribe regulations requiring each person that

furnishes information to a consumer reporting agency to

establish reasonable policies and procedures for implementing

the guidelines established pursuant to subparagraph (A).

(2) Coordination

Each agency required to prescribe regulations under paragraph

(1) shall consult and coordinate with each other such agency so

that, to the extent possible, the regulations prescribed by each

such entity are consistent and comparable with the regulations

prescribed by each other such agency.

(3) Criteria

In developing the guidelines required by paragraph (1)(A), the

agencies described in paragraph (1) shall -

(A) identify patterns, practices, and specific forms of

activity that can compromise the accuracy and integrity of

information furnished to consumer reporting agencies;

(B) review the methods (including technological means) used

to furnish information relating to consumers to consumer

reporting agencies;

(C) determine whether persons that furnish information to

consumer reporting agencies maintain and enforce policies to

assure the accuracy and integrity of information furnished to

consumer reporting agencies; and

(D) examine the policies and processes that persons that

furnish information to consumer reporting agencies employ to

conduct reinvestigations and correct inaccurate information

relating to consumers that has been furnished to consumer

reporting agencies.