Thread: This is outrageous

I disputed w/EQ about an OSI collection. OSI did not respond in the 30, as EQ states. On Aug. 14 it was deleted, I look today an it is back with a consumer disputes (BS). I told the rep you cannot reinsert something that was deleted without 5 day notice and certification . The CSR says we did not reinsert they re-reported?!!! (HUH!!!) anyway the CSR tells me all we can do is dispute it again.

I know this is not right. Can somebody please let me know something. I swear that this is not right, they cannot do this.

LKH, DOC, GEORGE,CMA, NANA anyone Tell me something. I am boiling HOT!!!!

I believe that is what the rep told you. They told me the same thing.

Regardless, it is their duty to NOT reinsert it, right? If that is truly the case, there should be some documentation (i.e. certification) from the OC that it should be re-reported.

I wouldn't accept that answer. When they told me that, HFC flatly denied having reported the account again.

LisaMC,
Any idea what I should do? I do have a violation don't I? I have the report with it on there, the report with it deleted and the report with it re-inserted.

I also have the results from the investigation where EQ researched and state:

THIS ITEM HAS BEEN DELETED FROM THE CREDIT FILE.

So if this item were re-reported or re-inserted and you did not inform me 5 days prior or provide certification, are you (CRA) not in violation!

Yep. It is a violation.

The fact that it was re-reported or reinserted is really semantics. Call it what you like. The fact is it was deleted and now it is back. Period.

That was my take on it. I sent EQ a letter and screamed. Within 5 days it was gone again. I have actually had good luck forcing them to comply. I was actually hoping that they wouldn't delete that entry for the second time. I really need a violation that will delete all of my negatives in lieu of a lawsuit. I don't think I am going to get rid of them any other way!

Paragraph of FCRA that states CRA must take measures not to reinsert previously deleted data.

(C) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph (other than information that is reinserted in accordance with subparagraph (B)(i)).



Paragraph that states CRA must notify you of said reinsertion.

ii) Notice to consumer. If any information that has been deleted from a consumer's file pursuant to subparagraph (A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency.



Paragrpah that states CRA must certify information before reinserted.

(i) Certification of accuracy of information. If any information is deleted from a consumer's file pursuant to subparagraph (A), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate


If this was not followed you get to have some 'fun' convincing the CRA of this....Or you can spend your time convincing a judge of this, whichever you perfer.

Kbanger,

Seems like if it is a re-report (I agree with huh?) then it shouldn't have the same information on it before it was deleted. The FCRA doesn't use verbiage like 're-reported'. The CRA wasn't supposed to allow re-insertion of something that was deleted because the CA couldn't get their act together or whatever. Also, as you pointed out, what about the 5 day requirement? If the TL matches the previous TL exactly, then it isn't new. So it is obviously a re-insertion of which I would dispute (quite litigiously I might add) with the CRA. Just my thoughts...

Someone mention certification before they can re-insert. Guess what they did, they reinserted with this Comsumer disputes. That is not certification in my book, if the consumer disputes it then you are also saying we do not know if this is theirs. Are we at 3 violations?

If we are what do I do, send EQ a letter? If so which kind and say what specifically. I would also like to use this as ammo to get some other stuff rid off.

thanks so much to everyone, let keep this one lively also

Originally posted by kbanger
Someone mention certification before they can re-insert. Guess what they did, they reinserted with this Comsumer disputes. That is not certification in my book, if the consumer disputes it then you are also saying we do not know if this is theirs. Are we at 3 violations?

If we are what do I do, send EQ a letter? If so which kind and say what specifically. I would also like to use this as ammo to get some other stuff rid off.

thanks so much to everyone, let keep this one lively also

I would start with the letter listing all the violations and include the penalties for each violation. I don't think, though, it will go very far with other TL disputes, depending of course, on the circumstances...

Is there some reason why you aren't dealing directly with OSI about this listing. Have you validated with them?

They should cave, I've had personal experience with them. Send a letter to their Compliance Manager. Trust me...