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Posted: Mon Nov 07, 2005 10:03 pm
by David A. Szwak
ACIS is Equifax's and CSC's reinvestigation and dispute tracking system. It runs separate from the credit reporting databank. It is initiated by receipt of a credit report request or dispute and actually tracks the flow of ACDVs/CDVs and responses to those from the furnishers and tracks responses and communications with the consumer surrounding interaction with the consumer.

No CRA conducts a reinvestigation absent some dispute from a consumer whether directly or indirectly received.

ACIS captures an internal snapshot of the credit file but also archives the contents of the ACDVs/CDVS on each dispute.

An ACIS Case is almost always shown as an ACIS inquiry in the inquiry log on the file.

Posted: Mon Nov 07, 2005 10:05 pm
by David A. Szwak
"Equifax, ID, ACIS, or UPDATE. Internal inquiries, which indicate Equifax's activity in response to your contact with us, for either a copy of your credit report or a request for research. These inquiries will remain on your file for 24 months."

Equifax Said

Posted: Fri Nov 11, 2005 2:32 pm
by David A. Szwak
Davis v. Equifax Information Services LLC
346 F.Supp.2d 1164

Consumer brought action against consumer reporting agency, alleging that agency negligently and/or willfully failed to comply with certain provisions of the Fair Credit Reporting Act (FCRA). Agency moved for summary judgment.

Holdings: The District Court, Proctor, J., held that:
(1) agency acted reasonably, for purposes of FCRA section requiring that a consumer reporting agency follow reasonable procedures to assure maximum possible accuracy of information, in deleting consumer's mortgage account from her credit report, on ground that information could not be verified;
(2) FCRA section requiring agency to follow reasonable procedures to assure maximum possible accuracy of information did not impose duty upon agency to reinsert mortgage account into consumer's credit report;
(3) agency was not responsible for consumer's alleged failure to receive its notice that it deleted mortgage account from her credit report;
(4) agency acted reasonably in refusing to delete allegedly inaccurate information on consumer's credit report regarding status of her student loan account;
(5) consumer failed to show that she was damaged as a result of allegedly inaccurate credit report; and
(6) agency did not fail to reinvestigate accuracy of its initial source of information after receiving notice that consumer disputed information contained in credit report.

Motion granted.

II. Relevant Undisputed Facts [FN3]

FN3. If facts are in dispute, they are stated in the manner most favorable to the Plaintiff. Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1115 (11th Cir.1993).

Equifax is a "consumer reporting agency" within the meaning of the FCRA. (Affidavit of Alicia Fluellen, ¶ 3). Equifax assembles, maintains, and produces credit reports on nearly every American consumer. (Statement of Undisputed Facts, ¶ 25). The information for Equifax's reports comes directly from sources of credit information or "furnishers," including banks, creditors, and merchants. (Statement of Undisputed Facts, ¶ 27). Equifax accepts information on a consumer's credit only from those sources of information which are determined to be reliable based either on Equifax's prior experience with the source or the particular source's reputation. (Fluellen Aff., ¶ 4).
Equifax has detailed procedures regarding the investigation of disputes by consumers and uses an automated system called Automated Consumer Interview System ("ACIS") to track investigations. (Fluellen Aff., ¶ 6; Fluellen Depo. 20:24-21:4). A dispute is catalogued in ACIS when a consumer telephones Equifax with a complaint; Equifax then attempts to verify the information with the furnisher. (Fluellen Aff., ¶ 6; Fluellen Depo, 35:10-36:6; 38:18-25). If the information is verified, the consumer's credit report is updated to reflect the new information. (Fluellen Aff., ¶ 6). If no response is received from the furnisher, ACIS alerts Equifax. (Fluellen Depo, 65:8-17). If the information is inaccurate or can no longer be verified, perhaps because the furnisher failed to respond, the information is deleted from the consumer's credit report. (Fluellen Aff., ¶ 6). At all stages in the process, the consumer is advised of his or her rights under the FCRA, including the opportunity to have a statement regarding the information inserted into the credit report in accordance with 15 U.S.C. § 1681i. (Fluellen Aff., ¶ 6). [FN4]

FN4. Although Plaintiff's response to Defendant's statement of facts indicates that Plaintiff disputes this fact, Plaintiff offers no citation to the record in support of her assertion. (Doc. # 32, at No. 9). Pursuant to Exhibit D of the court's Initial Order, "[a]ny facts which are disputed shall contain a specific reference to the evidentiary record. All material facts set forth in the statement required of the moving party will be deemed to be admitted for summary judgment purposes unless controverted by the response of the party opposing summary judgment." (Doc. # 4, at 4) (emphasis in original). The court explains that it "requires each sentence to cite a reference to the record because, typically, the non-movant has the burden of proof on most issues." (Doc. # 4, at 4). In this case, Plaintiff has failed to comply with the court's explicit instructions. Moreover, upon independent examination of the record, the court finds no evidence that controverts the fact listed above. Accordingly, for purposes of the motion for summary judgment, the court must deem the fact undisputed.