goldhummin asked a question about something I posted here, and when I looked at the FCRA, I had some questions myself. I was under the impression that if any part of a TL was unverifiable, the entire TL had to be deleted. For example, if the CRA actually did their job and investigated, and informed the DF that the consumer disputed the open/closed dates on the TL, and the DF was honest, and said "sorry, we dont really know when the account was open or closed, because we lost all the records years ago", wouldnt the entire TL have to be deleted? Well, I looked at the FCRA: § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (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. here's subsection (5): (5) Treatment of inaccurate or unverifiable information. (A) In general. If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall-- (i) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and (ii) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. ---------------- section (i) has me all befuddled, lol. the way i read it, disputed information seems to have 'items' within it. it seems that these items may be deleted or modified, depending on what their investigation uncovers. what is meant by 'item'? how about 'that item'? are 'items' to 'dates' as 'disputed information' is to 'trade lines'? Does this mean that if the items (i.e. dates, amounts, dola, status, etc.) arent verifiable, the TL can stay, but the items cannot? that would be an incomplete TL, therefore the whole thing should be deleted, right? am i making a bit of sense? well goldhummin, theres my argument for what I stated in the other thread. theres probably an FTC opinion or somethin that totally clears this up, but i'm too tired to look it up.
