Looking for opinions. For any who read my post from the other day about the re-reporting of an account deleted as per agreement with Equifax as a result of my lawsuit. I just figured out I have them on another new violation, not to mention the possible issues in the re-reporting of the account. I found out of the accounts existence on my own. I was never notified, as required by the FCRA, of the re-insertion of the previously deleted account within the 5 day time frame (assuming it came back on before Friday). Can I nail them on this, or does the fact that I found it on Credit Watch by chance serve as my "notification"? I am still very pi$$ed about this, and will take it to them if I can. This time, I want money. Later, danrs
You can nail them on it. I talked with a rep two weeks ago claimed they didn't have to inform me of negative information being added to the file. I promptly corrected her and cited the FCRA section when a tradeline has been deleted they are only allowed to place the information back in the file has been "certified" by the original creditor. After talking with a supervisor and then the manager, she told me to contact the FTC if I had a problem with EQF. I told her if I had to complain about them following the law I would do in court, not to a government department. I got her to tell me that they have no means of notifying ANYONE if an item has been placed back in the file. Crazy huh?
"I got her to tell me that they have no means of notifying ANYONE if an item has been placed back in the file." I gar-oon-tee she WOULD find a way... within minutes of their in-house counsel informing her of a lawsuit. Shame on their software developers for not placing a simple line of code in to generate a form letter after a re-insertion of a NEG. SK
Part of my lawsuit against Credit Data Southwest (experian) was based on previously deleted accounts being re-reported and them not notifying me per the FCRA. They may not have a system in place to notify creditors of re-reported deletions, but they are opening themselves up for numeroous lawsuits. Go for it, you have a written agreement with them that they would not reinsert it. I bet if you filed suit, they would offer you a cash settlement and delete it again in a short period of time.
