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california law makes CRAs delete!

Discussion in 'Credit Talk' started by sidfalc, Jul 30, 2004.

  1. Jul 30, 2004 #1
    sidfalc

    sidfalc New Member

    I think I have come upon a beneficial law for people who live in California. The law is civil code 1785.30 - I would like some people here who are more experienced to comment on how I could use this law to get chargeoffs deleted from my report.

    "1785.30 Upon notification of the results of a consumer credit reporting agencies reinvestigation purusant to section 1785.16 [the California version of FCRA section 623], a consumer may make a written demand on any person furnishing information to the consumer credit rerpoting agency to correct any information which the consumer believes inaccurate..."

    [the law goes on to basically repeat section 1785.16] Now here is the good part:

    "If within 90 days the consumer credit reporting agency does not receive any information from the person requested to furnish the same or any communication relative to this information from this person, the consumer reporting agency SHALL DELETE THE INFORMATION FROM THE REPORT."

    I may be wrong but I take this to basically say that if I contact an OC (after disputing with the CRA), they have 90 days to call up the CRA personally and verify the info. If they fail to do that, the information automatically must be deleted.

    I think I could use this law as leverage for deletion as I have already written to the OCs asking for verification (there was no response from any OC but one). Once I hit 90 I can quote this law in my asking for deletion from the CRA (with a copy of the letter I sent)...can't I?

    Any comments?
     
  3. Jul 31, 2004 #2
    lbrown59

    lbrown59 Well-Known Member

  4. Jul 31, 2004 #3
    sidfalc

    sidfalc New Member

    thanks. i've been lurking here for 4 months. have posted on other boards AoC, etc. under different names.
     
  5. Aug 2, 2004 #4
    CAwatchdog

    CAwatchdog Well-Known Member


    It doesn't sound like added protection to me. This law sounds like it is emphasizing 1681i.

    The CRA is required to delete if they do not receive any information from the furnisher within the reinvestigation period. (30 days "in general")

    Your last paragraph describes something other than initiating a dispute that would result in notification pursuant to 623(b). The law speaks to contacting the OC upon notice of the results of the reinvestigation. If no reinvestigation has occurred notification of the results would not be received.
     

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