I had an inquiry on my Experian that kept getting verified for ABC. I sent them a letter advising them of the law and what right did they have to pull my credit WITHOUT my consent? They sent back a CRRR letter stating they have a collection account for me (not being reported anywhere) and under the FCRA section 604, they have the right to pull my credit. Is this true? Next question....where in the FCRA is the section on re-inserting a debt from a CRA? I found old reports and these were on my reports in 4-01 but deleted by 11-01, Equisux added them back today, so I have them on ONE more violation. BTW...I have an attorney now and he's taking this on contingency. Consultation next week
Yes, they have apermissible right (collection activity) to pull your file. This from the FCRA, section 611 Procedure in case of disputed accuracy: (B) Requirements relating to reinsertion of previously deleted material. (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. (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. (iii) Additional information. As part of, or in addition to, the notice under clause (ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion (I) a statement that the disputed information has been reinserted; (II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and (III) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the disputed information. (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)). (D) Automated reinvestigation system. Any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall implement an automated system through which furnishers of information to that consumer reporting agency may report the results of a reinvestigation that finds incomplete or inaccurate information in a consumer's file to other such consumer reporting agencies.
