Experian Gives Advice to Resellers

David A. Szwak

Experian Gives Advice to Resellers

Postby David A. Szwak » Thu Nov 17, 2005 8:33 pm

http://www.experian.com/compliance/factact/resellers/faqs.html

FACT Act Frequently Asked Questions for Resellers

The following frequently asked questions are specific to Experian reseller issues. Please refer to the general Q&A section as well for additional information.

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Can a reseller charge consumers for processing disputes?

Please consult your own legal counsel concerning Section 611 (f) of the FCRA. Experian does not charge for dispute processing.

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When can a reseller begin to process consumer disputes?

Experian will release the subcode to be used for the dispute process after the signed contracts have been received. The service will not be activated and the subcode cannot be used until Dec 1, 2004.

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How should a reseller handle a consumer’s dispute if it is received after the reseller has canceled their membership with Experian?

The reseller must refer the consumer to Experian Consumer Assistance.

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Can resellers view medical data?

Resellers can view the medical data only through the Reseller Reinvestigation Program.

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Who should the reseller contact with questions or comments about a specific consumer dispute?

SSC Client Support

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Will resellers receive confirmation of disputes that must be sent to Experian by mail, such as identification information disputes?

Confirmation will not be sent. Please ensure that the correct Experian address is used. The dispute process may take up to 30 days from the date that Experian receives the dispute. Contact SSC Client support if you have not received a response after that time.

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Must resellers provide a live operator to take consumer dispute calls or can the reseller establish an automated voice mailbox?

Please consult your own legal counsel.

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Can resellers use E-Oscar in place of the Reseller Reinvestigation Program?

Resellers must consult their legal counsel to determine if E-Oscar satisfies the requirements of Section 611 (f) (2) Experian believes that E-Oscar does not satisfy the requirements; we established the Reseller Reinvestigation Program as the mechanism to convey consumer disputes to Experian.

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Will resellers continue to receive 'inquiry’ disputes from Experian? If so, can the response to the dispute be handled through the Reseller Reinvestigation Program?

Resellers will continue to receive disputes from Experian through the CDV or E-Oscar system. The Reseller Reinvestigation Program is only for processing disputes that the reseller receives directly from the consumer. Response to a CDV must be handled through the CDV process.

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How will the reseller know when the dispute investigation is completed? Will a full report be displayed to the reseller?

The Reseller Reinvestigation Program is updated daily whenever a consumer’s dispute process is complete. The reseller must check the Reseller Reinvestigation Program regularly. Only the results of the disputed items will display to the reseller, not a full report.

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If a reseller disputes more than one trade or public record item, will the reinvestigation results be displayed at the same time?

Yes, in fact a response will not be returned until all disputes entered in a single session are completed.

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How long will the results of the investigation be available for the reseller to view in the Reseller Reinvestigation Program?

Data will be retained 30 days from the date that the investigation was completed, once the results have been viewed by the reseller. Otherwise, data will be retained on the Reseller Reinvestigation Program for 60 days. Please check frequently.

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Who should the reseller contact with questions or comments about a specific consumer dispute?

SSC Client Support

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What data can be disputed through the Reseller Reinvestigation Program?

Trade and public record information can be disputed on-line through the Reseller Reinvestigation Program. Inquiries, consumer statements, and consumer identification information disputed by the consumer must be conveyed to Experian by mail. The Reseller Reinvestigation Program provides a pre-populated form which can be selected via the “Contact Us” link, printed, manually competed and sent to Experian.

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Will Experian’s system verify that a reseller has made an inquiry on a specific consumer’s file before allowing the reseller to dispute information?

Yes, if the reseller has not inquired in the last 220 days using a subscriber code issued directly to reseller, the dispute will not be processed.

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How should a reseller handle consumer disputes claiming that the file may be mixed with another individual, or with multiple 'account not mine’ disputes?

The disputes should be submitted in writing and should indicate that the file might be mixed. Designate which accounts do not belong to the consumer. Include any information provided by the consumer and be as specific as possible. These types of disputes should not be entered into the Reseller Reinvestigation Program.

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If a reseller receives a dispute directly from a lender, can the reseller process the dispute using the Reseller Reinvestigation Program?

A reseller can only process disputes using the Reseller Reinvestigation Program that are received directly from a consumer.

David A. Szwak

Postby David A. Szwak » Sun Nov 20, 2005 3:59 pm

Resellers

As of Dec. 1, 2004, the FACT Act requires that a reseller, upon receipt of notice of a consumer dispute, must determine if the dispute is a result of an action or omission of the reseller and correct it within 20 days if it is. If not, the reseller can conduct a direct reinvestigation with the data furnisher; however, the reseller must also convey the dispute to each CRA reporting the data. The CRA must then conduct the reinvestigation through its normal process but must send the results of the reinvestigation to the reseller. It is the reseller's responsibility to convey the reinvestigation results to the consumer.
To assist the reseller in handling the requirements in the FACT Act concerning direct reinvestigation of data with the CRA, Experian has created the Reseller Reinvestigation Program. This system uses a web interface for the reseller to initiate the dispute/reinvestigation process.

(Note – a reseller can continue to use the PUR process for expedited dispute processing.)

Other reseller requirements:

Resellers must include in their report any fraud or active duty alerts.
Resellers selling reports directly to consumers must, when informed of identity theft, inform the consumer that he may report the identity theft to the FTC to obtain information regarding identity theft.
The reseller's obligation is to block the resale of a credit report maintained by the reseller that contains information identified by the consumer as resulting from identity theft. The reseller must provide the consumer a notice of the decision to block the file.

David A. Szwak

Postby David A. Szwak » Sun Nov 20, 2005 4:03 pm

http://www.experian.com/compliance/factact/resellers/rrp_web_user_guide_042005.pdf

Experian's Reseller Reinvestigation Manual

David A. Szwak

Postby David A. Szwak » Sun Nov 20, 2005 4:24 pm

Resellers

As of Dec. 1, 2004, the FACT Act requires that a reseller, upon receipt of notice of a consumer dispute, must determine if the dispute is a result of an action or omission of the reseller and correct it within 20 days if it is. If not, the reseller can conduct a direct reinvestigation with the data furnisher; however, the reseller must also convey the dispute to each CRA reporting the data. The CRA must then conduct the reinvestigation through its normal process but must send the results of the reinvestigation to the reseller. It is the reseller's responsibility to convey the reinvestigation results to the consumer.
To assist the reseller in handling the requirements in the FACT Act concerning direct reinvestigation of data with the CRA, Experian has created the Reseller Reinvestigation Program. This system uses a web interface for the reseller to initiate the dispute/reinvestigation process.

(Note – a reseller can continue to use the PUR process for expedited dispute processing.)

Other reseller requirements:

Resellers must include in their report any fraud or active duty alerts.
Resellers selling reports directly to consumers must, when informed of identity theft, inform the consumer that he may report the identity theft to the FTC to obtain information regarding identity theft.
The reseller's obligation is to block the resale of a credit report maintained by the reseller that contains information identified by the consumer as resulting from identity theft. The reseller must provide the consumer a notice of the decision to block the file.


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