Lying to remove accurate , derogatory infor from an individual's CBR

[SirNash]

What is the name of your state? Tennessee

These are "general" questions dealing, I believe, with Federal law such as FCRA and FDCPA. This may not be the most appropriate place to place these questions so I apologize in advance if that's the case.

I have three questions with regards to disputing accurate but derogatory information on an individual's credit report.

1. Is it a criminal act for an individual to claim that a derogatory but accurate tradeline is inaccurate in some way in order to get the credit bureau to remove the tradeline? For example, claiming that a charged-off account is "not my account" when in fact, the individual knows the account is his/hers?

2. If it is a criminal act, can anyone tell me what law(s) apply?

3. Can anyone site any cases where an individual has been prosecuted for this sort of activity?

My reason for asking is that on many consumer oriented sites related to debt collection, many people believe that it is not illegal to make such claims (lie) in order to get information they don't like removed from their credit reports. I have a feeling that it is illegal but probably not often if ever prosecuted.

Any information any of you can share would be appreciated.

Thanks in advance for your help!

 

[JETX]

Is it a criminal act for an individual to claim that a derogatory but accurate tradeline is inaccurate in some way in order to get the credit bureau to remove the tradeline? For example, claiming that a charged-off account is "not my account" when in fact, the individual knows the account is his/hers?

No.

If it is a criminal act, can anyone tell me what law(s) apply?

See above.

Can anyone site any cases where an individual has been prosecuted for this sort of activity?

See above.

Though it is not illegal to make such a claim.... the chances are very high that it won't make any difference. Reason is... the CRA (Credit Reporting Agency) is only required to contact the reporting creditor to verify.... and any reasonable creditor will be able to. The mere fact that a debtor is challenging does not cause an automatic removal of the debtors information.

FCRA § 611 ( Procedure in case of disputed accuracy):
(a) Reinvestigations of Disputed Information
(1) Reinvestigation Required
(A) In general. Subject to subsection (f), if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
http://www.ftc.gov/os/statutes/050131fcra.pdf