MBNA America Bank NA
Wilmington, DE 19884
Date: Jan 3, 2005
Re: Acct #XXX-XXX-XXXXXXX
To Whom It May Concern:
I recently pulled my credit report from all three credit bureaus, Experian, Equifax and TransUnion and to my amazement, saw that you recently have decided to report me 30 days late and that you closed my account. I immediately disputed this late, as I had not even received a statement from you. All these bureaus “verified” the lates. I tried numerous times to get my statements from you, but never received them. Finally, I was able to get someone on the phone and paid the balance. You assured me everything was fine and I wouldn’t be reported late. What happened? I was never late on this account! I have my cell phone statements to verify my numerous requests for my statements.
It was recently brought to my attention that the FCRA, as amended by the FACTA act, you are required to notify me of the insertion of negative listings. I never received such a notice, obviously, since you never even bothered to send me a statement. Therefore, you are in violation of the FCRA:
§ FCRA 623 (a) (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 603(p) 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 603(p) 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 603(p).
(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 127(a) of the Truth in Lending Act.
Since I have disputed the lates with the credit bureaus, I am now allowed to sue you under § FCRA 623 (b) for violations of the FCRA. To avoid a lawsuit, I request that you remove my late payments and also the “account closed by credit grantor” from my credit report. Though I am entitled to $3000, $1000 for each violation (reporting this late to each credit bureau without notifying me in writing), I will take $1000.
I look forward to your response,
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