FCRA Regulations states that a direct dispute which is received from a credit repair organization meets the definition of a "Frivolous" Dispute. My question is: Are we still required to give the CONSUMER written notice that we have determined it to be a "Frivolous" Dispute, or, are we OK ---NOT--- to give Notice based on the fact that we did not receive the dispute "directly" from the CONSUMER?

FCRA states that we are not under obligation to investigate if:

(2) The furnisher has a reasonable belief that the direct dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form supplied to the consumer by, a credit repair organization, as defined in 15 U.S.C. 1679a(3), or an entity that would be a credit repair organization, but for 15 U.S.C. 1679a(3)(B)(i).

However, the following section which deals with NOTICES reads as follows:

(2)Notice of determination. Upon making a determination that a dispute is frivolous or irrelevant, the furnisher must notify the consumer of the determination not later than five business days after making the determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the furnisher.


PLEASE CONFIRM IF THE REQUIREMENT ABOVE TO NOTIFY THE "CONSUMER" IS NOT APPLICABLE WHEN WE ORIGINALLY RECEIVE THE DISPUTE FROM A CREDIT REPAIR ORGANIZATION, OR, ARE WE STILL REQUIRED TO GIVE THAT WRITTEN NOTICE TO OUR CONSUMER BECAUE THE CREDIT REPAIR ORGANIZATION IS SUBMITTING ON THEIR BEHALF?

You are not required to investigate under 1022.43(f)(1) - you are required to notify them under (f)(2) and (f)(3) that you are not.

Would the NOTICE be given to the credit repair agency OR: to our consumer address on file ?

Consumer:

(2) Notice of determination. Upon making a determination that a dispute is frivolous or irrelevant, the furnisher must notify the consumer of the determination

If we suspect the dispute is from a credit repair agency and the dispute has a different address for our consumer than what we have on file, do we send the determination notice to the address that we have on file, and/or to the address we received from the dispute notice.

We suspect the dispute is from a credit repair agency because the signature is electronic and does not match the signature we have on file as well as the address of the consumer on the envelope and dispute notice is not the same as what we have on file. The dispute notice is not written with a clear request or clear dispute.