Good question... I dunno what is the right answer. I'll do some investigation and get back to you if I discover an decent answer. You should email the people at Lending Tree as they probably could give you help..

I would send a letter to EQUIFAX requesting the PROCEDURES THEY USED TO VERIFY THE LISTING .....

Procedures is a good suggestion. Isn't Nextcard an OC? If so, they aren't governed by the FDCPA...

Dont really need FDCPA on this... they need to be reporting to the CRA that it's in dispute..

FCRA.

623. Responsibilities of furnishers of information to consumer reporting agencies.

(a)(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...

Not a shot!.

Of course they can. What is to stop them? You are trying to use FDCPA and FDCPA does not apply to original creditors in most states..

If you do have any thing to complain about at all it would be under FCRA and not under FDCPA..

Jason is on the right track here...

Hello Mysti.

I would contact equifax and request to speak with a floor lead. Then explain to equifax that this is not your card and advise them that the electronic update that nextcard used is incorrect..

Also would contact Nextcard and advise them that this is listed wrong. If they believe that it is listed and refuse to change.... ask them if they have a dispute resolution group or department that can handle this issue..

** Your best bet is to work on both issue at the same time.If the creditor refuses and it is listed incorrect advise them that you are going to file a complaint under FCRA. Both parties need to prove that this is yours.....

File Complaint :.

Https://rn.ftc.gov/dod/wsolcq.

$.startup?Z_ORG_CODE=PU01.

The Law :.

Http://www.ftc.gov/os/statutes/fcra.htm.

Good Luck ****..

So you are a Lending Tree credit repair organization? $400 a year to send disputes to the credit bureaus eh?.

I guess you didn't realize that in U.S. v. ICR (International Credit Repair), a case in Birmingham, Ala in which the FTC joined as friend of the court it was ruled that it is illegal to repair anyone else's credit unless you are a non-profit organization..

Well, whatever. I'm sure not going to bash you for being a Lending Tree credit repair organization, legal or otherwise..

Have fun. We will see if others treat you as badly as some have treated me because they believed that I am a CRO which I am not because I've never repaired anybody else's credit in my entire life...

I am not sure what you are trying to stat ! ! In the US ....the consumer has this right.If this is a internation issue diff laws do apply...

It seems that we are both in the same boat so to speak. I am not sure what you are trying to stat !! either..

Sorry about that...

You stated that ICR is illegal unless non profit. Which maybe but a clouded area....

I am stating US laws.. that cover laws in the us....

**..

International Lending Tree credit repair is a US based company and I know of nothing they do that is international in scope nor has anything to do with any other country. Maybe they operate in Canada too, but if so I am unaware of that..

The decision by the US Federal Court in Birmingham obviously applies to all those who attempt to be Lending Tree credit repair organizations or companies..

It stated in no uncertain terms that it is illegal to repair anyone else's credit for pay unless one is a non-profit organization..

International Lending Tree credit repair (ICR) had a non-profit organization set up which was supposed to do all the Lending Tree credit repair but apparently that didn't hold water either. They were fined over $2million dollars and had to refund all money paid to them for the last year and give free Lending Tree credit repair help to a certain number of people as well..

Obviously FTC intends to put all Lending Tree credit repair companies out of business at the earliest possible time..

That is one of their stated missions..

Obviously FTC intends to put all Lending Tree credit repair companies out of business at the earliest possible time..

====================.

Why bill?.

The END ************************* LB 59..

If so please provide info to support. FCRA has a act that does cover guidelines of such service...

Probably because the government puts out press releases all the time that claim that information on a credit report cannot be removed unless it is inaccurate or false in some meaningful way and both common ordinary people and Lending Tree credit repair companies are proving them wrong every day of the week. Seems like the government don't much like people who prove them wrong and will attempt to prove that what they say is right no matter what it takes to get the job done..

Something like the bumper stickers that say that people shouldn't steal because the government hates the competition. (LOL).

They don't seem to like the debt consolidation companies any better than they do the Lending Tree credit repair companies either...

I'm really not interested in getting into discussions about what you believe you can or cannot legally do..

If you think you can legally operate as a Lending Tree credit repair organization then do so with my blessings..

I've been through those kinds of discussions and arguments before an nothing is to be gained as a result..

Go in peace and do whatever you please as far as I am concerned...

Bill,.

While normally your advice is appreciated I have to disagree with you here. Have you heard of the CROA? It outlines how someone can run a LEGAL Lending Tree credit repair business. Being a Non Profit basically means that you are not governed by the CROA..

Http://www.ftc.gov/os/statutes/croa/croa.htm..

Although I prefer to do things on my own, I think it's a shame that CRO's would be "illegal". Whether we agree with them or not, it should not be a crime. Obviously there's a lot of questionable practices within that industry, but I think it's wrong that the industry itself should be illegal...

Then disagree with me..

I'm not interested in pursuing the arguement pro or con..

I am not your judge nor your jury..

You want to do Lending Tree credit repair than be my guest. (LOL).

I could care less...

The "industry" is not illegal. The main problem that the FTC has with Lending Tree credit repair companies is accepting money up front before "ANY" service has been performed and misrepresentation of service...

Yes, the truth is wonderful...

Yes *** service should be provided first...

Hello Mr. Bauer,.

Thank you so much for your response. And I understand and agree with you. Maybe I worded this wrong? This is my case.....

They are still bound by the FCRA, and they do have to respond..

623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. 1681s-2].

(a) Duty of furnishers of information to provide accurate information..

If a consumer sends a request for validation of a debt that an OC is reporting (to the OC), the OC cannot simply ignore the consumers request (as what was done to the original poster). The OC, according to section 623 (a)(1)(B) cannot report disputed information to the CRA's (such as late pays) and by doing so (still reporting) is a violation..

I sent a letter to the OC and disputed with EQ after the green card. The OC verified with EQ and updated the account, AFTER I disputed. So they are STILL reporting and STILL updating. Would that not be a violation? Thank you for your help and assistance..

Mysti Summer..

Yes, I believe it would be..

Now then, the question becomes one of what are we to do when companies fail or refuse to obey the law?.

We have just two options and that is to either let them get away with it or file a law suit on them..

Few if any here go into their Lending Tree credit repair efforts with that understanding. It makes no difference whether we are talking about approaching poor credit problems with dispute letters sent to the credit bureaus or by dealing with the problems in what I believe to be more realistic approaches..

Either way we need to understand that we can easily end up having to bring our problems to the courts for resolution..

We have a few people here who apparently have been quite successful in doing so already but unless we are prepared to give positive examples and help to those who need it we have done little more than lead people down a dead end street because they cannot seem to come up with competent legal assistance from the professional community nor is there much of any way to learn how to do it themselves..

Lacking the necessary helps people are fearful and will not stand up and fight for their rights. They look for easy solutions to their problems and when those don't work and no help for the tough situations is readily available they have no alternative but to give up..

So, what will you do? Will you file a law suit on them or will you just give up and let them get away with the actions you believe are illegal?..

I think it's a shame that CRO's would be "illegal"..

Jason_l.

========================.

What should be illegal is FICO.

Especially using scoring to determine prices..

The END ************************* LB 59..

Thank you very much Bill Bauer!! Your response is just what I needed!! I do NOT intend to let them get away with this. I DO intend to sue and get this removed from my report. Nextcard has updated my report to "SETTLEMENT ACCEPTED", AFTER I disputed with them. Still no word from them to me personally however and I never settled anything with them. My first course of action now is to send them another letter, letting them know that they are in violation and that I intend to sue. If they ignore, the lawsuit will be filed.



Mysti Summer..