FCRA 15 USC 1681 Credit Report Dispute (Known as Section 609 Credit Report Dispute) focuses on whether or not Credit Bureaus have the “verifiable proof” in their files that the Courts have ruled is required by the Fair Credit Reporting Act (F.C.R.A.) before they can report a negative credit item on your credit report.
The fact is, none of the 3 major credit bureaus (Equifax, Experian and Transunion) are in compliance with Section 609 of the Fair Credit Reporting Act (FCRA), therefore they must remove all the negatives that they have not properly verified from your credit report if you request them to - It’s the law!
What is a Section 609 Credit Report Dispute?
With a Section 609 Credit Report Dispute, it doesn’t matter whether the negative credit item you’re disputing is valid or not. A Section 609 Credit Report Dispute disputes the credit bureaus “right to report” the negative credit item, not whether the negative credit item is valid.
Every single “credit repair” company out there uses the “dispute the accuracy of bad credit items” process that is allowed under the FCRA to attempt to repair your credit. They don’t use the section 609 credit report dispute process. There are 3 major problems with basic credit repair:
1) Accurate information is easily verified by credit reporting agencies (CRA’s).
2) You may be perjuring yourself by initiating the investigation and swearing the items are not yours.
3) Even if a negative credit item were to come off one of your reports, it will most likely remain on the other two.
By disputing the accuracy of items on your credit report you are essentially hoping that all three credit bureaus are unable to complete their investigation within the time allowed. The odds of all 3 credit bureaus not completing their investigation is nearly impossible! The odds of getting all of the negatives removed on all 3 credit reports this way is nearly impossible!
The real truth is, the credit bureaus very seldom even do an investigation, they just respond to your credit repair dispute inquiry by sending you out a form letter that states that they did their investigation and found the item or items that you disputed valid.
A Section 609 Credit Report Dispute
Is Legally Rigged In Your Favor
However, when you send the credit bureau a Section 609 Credit Report Dispute the process is rigged in your favor. You will win the dispute every single time because the system is based on the letter-of-the-law. You are disputing “reporting law” – not whether or not an account is yours but whether or not the credit bureaus have the “verifiable proof” they are required by law to have for that account.
This credit report dispute is NEVER about what type of negative credit item that is being challenged. Appeals Courts have ruled that under the FCRA the credit bureaus need to have “verifiable documentation” in their files showing that the account belongs to you before they report that account on your credit report.
A Section 609 Credit Report Dispute Is Your Legal Right
You simply have a right to receive a copy of the Original Creditors Documentation that the credit bureaus are supposed to have in their files if they are reporting on that file. You’re not requesting that they go out and get the verifiable proof from the creditor. You’re requesting that they provide you with the verifiable proof that they are supposed to have on file already.
There is a big difference. If you ask a credit bureau to get the verifiable proof from the original creditor the original creditor will usually be able to comply very quickly and will oftentimes fax or mail you a copy of your account application/history within 24 hours.
When you request the verifiable proof that “they” are supposed to have in their files they don’t have it. In their first response to your credit report dispute they’ll send you their standard form letter just like they do with standard credit repair disputes so the section 1681 credit report dispute process will take 2 or 3 or more letters before they finally comply by removing all of the negative credit items from your credit reports.
The section 609 credit report dispute law also forbids the credit bureaus from re-reporting any item that was taken off for their failure to comply with the law. Unlike items that might get removed through the standard credit repair process then appear back on your credit report 3 months later, negative credit items that have been removed using a section 609 credit report dispute will NOT reappear. If they do, the credit bureau could be sued and you could be awarded $1,000 for every item that was put back on.
It’s a Legal “Loophole – Use it to Repair Your Credit.” Click Here – To learn how to get all “Negative Credit” removed from your credit report using the Section 609 Credit Report Dispute.