How to get out of Chexsystems.
If your name has been put into the Chexsystem you may be finding it hard to get a checking account or even write a check. Chexsystem is governed by the Fair Credit Reporting Act, which allows you to dispute claims against you. You have rights!
The first place you will want to visit is www.chexhelp.com and order a copy of your Chexsystems report. This will allow you to find out what caused you to be placed on their system and will also give you a Consumer ID number. The next step on your journey to checking freedom is to send ChexSystems a letter disputing the negative listing. You need to make a copy of the letter for your files and send the original letter Certified Mail. This will become a legal document. You will want proof when it was sent out because ChexS ystems is required to contact you in 30 days or delete the listing.
The address is: ChexSystems Customer Relations 12005 Ford Road Suite 600 Dallas, TX 75234.
You will need to include on every letter: • Your name (printed not signed) • Your complete address • Your social security number • Your Consumer ID number (listed on the chexsystems report) • Your bank’s name • The negative listing you are being accused of and the date it occurred
MAKE COPIES OF ALL LETTERS AND SEND THEM ALL CERTIFIED MAIL.
Letter 1:
• Inform ChexSystems that you have reviewed your report and are unaware of this negative listing occurring.
• Ask them to validate the information from the bank and to send copies of any documentation they have regarding this listing that bear your signature.
• Ask to have the information deleted from the file under your social security number.
(This could be your only letter. This maybe enough to have them remove your name from the system)
Letter 2:
if your dispute was verified
• Inform ChexSystems that you wish to have a description of the procedure used to determine that the information they sent you was valid.(Looking at a computer screen does not make it valid)
• Also request a listing of the names, addresses and telephone numbers of the people they contacted at your bank.
• Mention to them that you are aware of Wenger v. Trans Union Corp., No. 95-6445 (C.D.Cal. Nov. 14, 1995).
• You will want to request that the y respond to your letter in 14 days. If you are not contacted in 14 days you will contact the FTC and state (yourstate) Attorney General's office.
• You can also file a petition in small claims court for items such as Defamation , Violation of the Fair Credit Reporting Act, and Negligent Enablement of Identity Fraud
Letter 3: If your letter has not been responded to in 30 days
• Inform Chexsystem that you will file a petition in small claims court for Defamation, Violation of the Fair Credit Reporting Act, and Negligent Enablement of Identity Fraud. You can file a petition for $20.00 at your local courthouse. Its very easy to do and maybe the only thing you can do at this state of the game.
Chexsystem has removed the negative listing
• Save all documentation that your account has been cleared. Keep this information safe. It may happen that ChexSystems has not informed all banks or financial institutions. The documentation will not help you at a point of sale place but it will with a bank when opening an account. • As soon as you receive a notice from ChexS ystems that your account has been cleared, open a checking account.
It is possible that ChexSystems will allow the disputed claim to creep back on to your report. You will want to have an account opened by then. Fair credit reporting laws to arm yourself with 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]
(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or
(b) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater:
(2) such amount of punitive damages as the court may allow; and
(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.
(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.
(c) Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.
§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]
(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the failure;
(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.
(b) Attorney's fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.
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