Can you dispute with Early Warning Services (EWS)?
Yes you absolutely can. Due to the huge demand of people that have asked me questions on disputing with EWS, I have now created a page of instructions to help those wishing to dispute and attempt removal. Because it is a little different than Chexsystems and Telecheck, I have a specific outline and sample letters that you can follow

Early Warning Services and Telecheck are the same as Chexsystems in that they are all credit reporting agencies. It is your right to a free annual report from all of them and it is your right to dispute. EWS works a little different than Chexsystems. If you wish to get a copy of your report you must call them at 800-325-7775. 

1. To file a complaint with the FTC https://www.ftccomplaintassistant.gov/
-give the following answers on the complaint

Is your complaint or concern regarding identity theft?
NO

Is your complaint closely related to
CREDIT REPORTS

Is the company:
A CREDIT REPORTING AGENCY OR BUREAU

Did you experience any of the following? Please select all of these that apply:

The credit bureau will not allow me access to my credit report.

Did you experience any of the following? Please select all of these that apply:

I am unable to order a copy of my free annual credit report.

Did you experience any of the following? Please select all of these that apply:

Free annual credit report was not received or not sent within 15 days.

The rest is self explanatory

Then also send them a letter certified mail: tell them that they are in violation of the FCRA and you are well aware of your rights. Tell them that they have 15 days from the date of the letter to send you a copy of your report or else you will seek legal remedy. Let them know that you have already filed a complaint with the FTC.

Under the Fair and Accurate Credit Transactions Act of 2003 that amended the FCRA, consumers may now request a free annual credit report from each of the three major CRAs. Although credit reports are made available to users (credit granting companies) instantaneously, consumers will have to wait up to fifteen days to receive their copies. Within one year, the FTC must establish a centralized source where consumers can request these reports. "Nationwide specialty credit reporting agencies" -- insurance, landlord-tenant, employment agencies-- will also be required to provide one free annual credit report upon request.

A consumer reporting agency (CRA) is an entity that assembles and sells credit information and financial information about individuals.

There are three national CRAs in the United States: Experian (formerly TRW), Trans Union, and Equifax (formerly Retail Credit Co.). There are also many smaller credit reporting agencies that usually concentrate on reporting on individuals living in certain regions of the country.

Inspection bureaus, companies that sell information to insurance companies and assist in performing background checks, often are considered CRAs as well. Tenant screening and check approval companies are also considered CRAs.

Depending on the nature of the operation, other companies can be considered CRAs.

 Everything is done via email and fax with Early Warning Services.

1. Call EWS and request your report

2. If you have a letter from the bank that you were denied an account due to EWS, please keep the letter since they may need it. If not, tell them you are requesting an FREE annual copy of your credit report

3. Then EWS is going to send you an email with some info. you will need to print all the attachments that are sent to you and make a copy of your drivers license or picture id. You will then fax over all documents that you downloaded and printed from EWS and fax the paperwork and you copy of either your drivers license or picture id to them.

4. Within 24 - 72 hours you will receive another email with the information that is listed on your file or should I say under your name and it will provide all the information that is needed.

-there should be information on teh report that they send to you on how to file a dispute if you choose. If you are going to file a dispute through fax or email you would send the following letter. At this point, they have 30 days to verify and respond or else they must remove per FCRA. If they do not respond in the 30 days allowed by law and will not remove the report, they are now in violation of the law and can be sued.

Letter 1:

I have recently been informed that there is negative information reported by (name of bank) in the file that Early Warning Services maintains under my Social Security number.  Upon ordering a copy of the report, I see an entry from this bank listing a "(condition such as NSF, fraud, accounts abuse)" in (month/year). I am unaware of ever having a "(same as condition above)" from this bank. 

Please validate this information with (name of bank) and provide me with copies of any documentation associated with this "(same condition as above)" bearing my signature.  In the absence of any such documentation, I ask that this information be immediately deleted from the file you maintain under my Social Security number. 

My contact information is as follows:
Your Name (printed or typed, not signed)
SSN
Address
email address

or you can use this letter if you prefer

After reviewing the file that you maintain under my ss #__________________________, I see that you are reporting incorrect, or inaccurate information.  Please delete immediately.

Name of Institution
Date reported

I do not recall ever having overdrafts, fraud, account abuse etc, with this bank.  Please delete

You have 30 days to verify this information and to provide me with a document bearing my original signature.  If you cannot, I am demanding removal under the FCRA. 

Sincerely,
Your name  (printed or typed, not signed)
address
email address

-----------------------------------------------

If they verify the report to be accurate (send in letter 2)

This letter is in response to your recent claim that (Name of Bank) has verified this account to be mine.  Yet again, you have failed to provide me with a copy of any viable evidence submitted by (Name of Bank).  Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested, to be provided within fifteen (15) days of the completion of your re-investigation. 

Additionally, please provide the name, address, and telephone number of each person contacted at (Name of Bank) regarding this alleged account.  I am formally requesting a copy of any documents provided by (Name of Bank) If (name of bank) does not validate the debt it is a violation of the FCRA [611 [15 U.S.C. § 1681i] 6 A (iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available.

Be aware that I am making a final goodwill attempt to have you clear up this matter.  The listed item is entirely inaccurate and incomplete, and represents a very serious error in your reporting.  This report is SEVERELY (if not completely) restricting my banking abilities. 

Failure to comply with federal regulations by credit reporting agencies are investigated by the Federal Trade Commission (see 15 USC 41, et seq.).  I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC and the state Attorney General's office, should you continue in your non-compliance. 
My contact information is as follows:

Your Name (printed or typed, not signed)
SSN
Address
email address

----------------------------------------------

If they did not reposnd in 30 days for the original dispute or in 15 days for the procedural request dispute then you should send the following letter immediately

As I have not heard back from you in over (15-30 depending on type of dispute) days regarding my notice of dispute dated (date your letter was sent), I must presume that no proof in fact exists.

You are currently in violation of the Fair Credit Reporting Act.
Your failure to respond, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you are reporting my name and social security number in error, and that this matter is permanently closed. Remove me from your records immediately.

Failure to respond within 30 days of receipt of this certified letter will result in a small claims action against your company.  I will be seeking $5,000 in damages for:

1.)Defamation
2.)Negligent Enablement of Identity Fraud
3.)Violation of the Fair Credit Reporting Act

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims.  This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary.  This is a request for information only, and is not a statement, election, or waiver of status.
My contact information is as follows:

Your Name (printed or typed, not signed)
SSN
Address
email address

On this letter you may want to CC their state attorney general (your state) attorney general, and the OCC as well since they are in violation at this point

I would definitely send one to your AG and theirs, as well as make a report with OCC.

List of State Attorney Generals / addresses

http://www.naag.org/ag/full_ag_table.php

This will send a clear picture to them that you mean business and they had better watch their step.

If a procedural request was sent and it has been more than 15 days, they need to remove you and are in violation of the following:

[611 [15 U.S.C. § 1681i] (7) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days afterreceiving a request from the consumer for that description.]

----------------------------------------

Now it is time to dispute with the bank!
How to figure out what basis to dispute on:

1.  Has the bank made a reporting error? The law requires banks to
report information that is 100% accurate. 

-If so, you send a Demand for Removal letter to a bank manager or
executive, notifying them of their FCRA violation.

-Examples: Incorrect name, SSN, address, dollar amounts, date of last
activity, date account first became negative. 

2.  EWS allows the vague "FRAUD" "NSF" and "ABUSE" flags because they are harder to dispute and remove.  There are no clear standards for what is considered NSF, Fraud or ABUSE. 

Fraud can mean anything that a bank wants it to. Seem unfair? Of Course it is.

What proof do they have to flag an account FRAUD, NSF or ABUSE?) They can not prove intent to fraud or abuse of the bank.  Most people dispute based on these vague indicators.

 
Again, you are looking for any type of inaccuracy you can hold them accountable for.  The FCRA specifies that only accurate information can be reported.

3) Did you receive a collection notice from EWS?

**THIS IS VERY IMPORTANT! If you receive a collection notice, then it is a different ballgame.  EWS then must adhere to the Fair Debt Collection Practices Act.  The FDCPA says they MUST validate -- provide a full account history of all statements, signature forms, etc. 

EWS or the bank does not have to validate with a signature.  The law says only outside collectors have to do that.  You can attack the outside collector by demanding validation, if they have put it on your credit bureau reports.

4.  Were you the primary account holder? **If not, did you ever sign a signature form or use the account?

Yes EWS is subject to the same rules/regulations as set forth by the FCRA.  You should first "dispute" the item with EWS and if it comes back "verified" within the 30 day time frame, you should request "validation" of the debt.  BE SPECIFIC if you request validation. 

Another avenue to go if you can’t get your item removed.  Being listed in EWS SEVERELY (if not completely) restricts your banking abilities.  They can be held liable for multiple FCRA violations if the information they have on you is not correct..the information must be 100% correct.

(Send to the Bank (Corporate Headquarters) that reported you to EWS and your report indicates abuse, or fraud of any type)

Date
Your Name
Name and Address
of original bank
Re: Acct # 000-000-000-000

To Whom It May Concern:

This is a formal notice of dispute regarding information (Name iof Bank) sent to Early Warning Services, a consumer reporting agency.

 The following false information was sent to Early Warning Services

 
(List the information the way it is shown in the EWS report)

This information was disputed with Early Warning Services on (date), however, (Name of Bank) verified the information as accurate.  This falsely reported information damages my financial reputation and should be removed immediately.

(Name of bank) reported account abuse,suspected fraud or fraud  when in fact, no abuse,or fraud took place. There was no illegal activity on the account. 

If no money is owed to the reporting bank. Also state in the letter that (Name of Bank) did not experience any financial loss and no money is owed on this account. There was no violation of the account agreement that governed the account. If money is owed, still send the same letter but do not include that information. They are still in violation for reporting as such.

 
Under my rights under the Fair and Accurate Credit Transactions Act, I am asking for an investigation of this reported information, and removal of the false information reported to Early Warning Services

 
Sincerely,

cc:  (the bank branch that the account was opened at)

If your report indicates NSF then send the following letter to the reporting Bank.

Date
Your Name
Name and Address
of original bank
Re: Acct # 000-000-000-000

To Whom It May Concern:

This letter is regarding account # (insert # here), which you claim (insert condition here, such as “I owe $-----").  This is a formal notice that your claim is disputed.

I am requesting validation, made pursuant to the Fair Debt Collection Practices Act.  Please note that I am requesting "validation"; that is competent evidence bearing my signature, showing that I have (or ever had) some contractual obligation to pay you.

Please also be aware that any negative mark found on my credit reports (including Early Warning Services and my credit reports) from your company or any company that you represent for a debt that I don't owe is a violation of the Fair Credit Reporting Act; therefore if you cannot validate the debt, you must request that all credit reporting agencies delete the entry.

Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports.

Failure to respond within 30 days of receipt of this certified letter will result in legal action against your company.  I will be seeking a minimum of $5,000 in damages for:

1) Defamation
2) Negligent Enablement of Identity Fraud
3) Violation of the Fair Credit Reporting Act

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims.  This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary.  This is a request for information only, and is not a statement, election, or waiver of status. 
My contact information is as follows:

Your Name (printed or typed, not signed)
SSN
Address

Telecheck Disputes

You are entitiles to a free report with Telecheck. TeleCheck will investigate any item listed in your report that you believe may be inaccurate or incomplete. Again they are going to ask for things that they do not need in order to get your report.
They will ask for the following:
(1) a daytime contact phone number A phone number is not required by law) say you do not have a phone at all
(2) a copy of your driver’s license
(3) your social security number
(4) a voided check ( I would NOT send this to them)
(5) a copy of a tax or utility bill reflecting your current address

When you request a report from chexsystems, ews, or telecheck, avoid giving them any information that is not absolutely necessary.
For example: if they ask where you work and for the address, phone etc,. I would not give them this information.  Tell them you are currently unemployed.
If they ask for current checking account information. Simply say you have none. Do not volunteer any information. They have no right to ask for this information or for a cancelled check.

It is your right to a FREE annual report by providing basic information:
name, address, social security number ..if the address has changed, they may need something to verify this. They have no right to know the name of your employer, phone numbers, or other account information or cancelled checks. We are told that they will ask for a copy of your drivers license. Some are upset about this and may want to file a complaint. Generally making a copy of your photo ID should not present a problem but technically they should only need the information provided on the ID. In that case, you can either go ahead and send in a copy of your photo ID or file a complaint below and try to fight it.
1. To file a complaint with the FTC https://www.ftccomplaintassistant.gov/
-give the following answers on the complaint
Is your complaint or concern regarding identity theft?
NO
Is your complaint closely related to
CREDIT REPORTS
Is the company:
A CREDIT REPORTING AGENCY OR BUREAU
Did you experience any of the following? Please select all of these that apply:
The credit bureau will not allow me access to my credit report.
Did you experience any of the following? Please select all of these that apply:
I am unable to order a copy of my free annual credit report.
Did you experience any of the following? Please select all of these that apply:
Free annual credit report was not received or not sent within 15 days.
The rest is self explanatory
Then also send them a letter certified mail: tell them that they are in violation of the FCRA and you are well aware of your rights. Tell them that they have 15 days from the date of the letter to send you a copy of your report or else you will seek legal remedy. Let them know that you have already filed a complaint with the FTC.
Under the Fair and Accurate Credit Transactions Act of 2003 that amended the FCRA, consumers may now request a free annual credit report from each of the three major CRAs. Although credit reports are made available to users (credit granting companies) instantaneously, consumers will have to wait up to fifteen days to receive their copies. Within one year, the FTC must establish a centralized source where consumers can request these reports. "Nationwide specialty credit reporting agencies" -- insurance, landlord-tenant, employment agencies-- will also be required to provide one free annual credit report upon request.
A consumer reporting agency (CRA) is an entity that assembles and sells credit information and financial information about individuals.
There are three national CRAs in the United States: Experian (formerly TRW), Trans Union, and Equifax (formerly Retail Credit Co.). There are also many smaller credit reporting agencies that usually concentrate on reporting on individuals living in certain regions of the country.
Inspection bureaus, companies that sell information to insurance companies and assist in performing background checks, often are considered CRAs as well. Tenant screening and check approval companies are also considered CRAs.
Depending on the nature of the operation, other companies can be considered CRAs.
Send the request for your file report to:
TeleCheck Services, Inc.
Attention: Consumer Resolutions-FA
P.O. Box 4514
Houston, TX 77210-4514
-If you want to file a dispute with Telecheck after you have your report in hand, you can use the same letters that are provided for the disputes for chexsystems (seen here) Of course replace the wording of Chexsystems with Telecheck but the same procedures and information applies