Check this site (you need Adobe Acrobat Reader) its on page 29. http://www.ftc.gov/os/statutes/fcra.pdf § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (5) Treatment of inaccurate or unverifiable information. (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)).
Here's one where you don't need the Acrobat reader: http://www.ftc.gov/os/statutes/fcra.htm (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 promptly delete that item of information from the consumer's file or modify that item of information, as appropriate, based on the results of the reinvestigation. (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)).
Thanks guys, I appreciate it! When they are required to notify me, in writing, within 5 days of a reinsertion, what EXACTLY does that mean? Would notification be in the form of a credit report that was sent to me regarding another issue? Would that consitute notification? That is actually how I found out the items had been reinserted--I stumbled across it when I received a report from them regarding another issue. Or does it have to be a letter sent to me specifically alerting me to the reinsertion?
I don't think them sending you a report regarding another issue constitutes 'notice'. Notification would have to involve a conscious, deliberate and proactive action on THEIR part.
Well it all depends on exactly what information was contained in the update you received regarding that other issue. Here's what will make or break that updated letter thing you received: Subection iii(FCRA 623): (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; ((Was there a statement in that letter that said the disputed info. 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 ((Was any of this information contained in that letter?)) (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. ((Did the CRA include a notice about your rights to add a consumer statement in that letter?)) The way I see it, if even one of the above 3 were not included, they failed to properly notify you with 5 days of reinsertation.
((Was there a statement in that letter that said the disputed info. has been reinserted?)) No, this was just a copy of my credit report. The report was sent to tell me ANOTHER item had been verified and would not be removed. I scanned the complete report and happen to notice that these 2 accounts had 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 ((Was any of this information contained in that letter?)) No, just a credit report. (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. ((Did the CRA include a notice about your rights to add a consumer statement in that letter?)) Yes, there was a form letter that they send with every credit report. It outlines your rights under the FCRA. It does speak to your right to add a consumer statement. The way I see it, if even one of the above 3 were not included, they failed to properly notify you with 5 days of reinsertation. [/B][/QUOTE]
Okay, well it sounds like you got 'em to me. Read this section carefully as well: (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. Now we both know the CRA did not get certification from the CA that this item is indeed correct. This is something that you have the right to ask for, however I would keep it in my back pocket for ammo in front of a judge against the CRA. So, even if the CRA crys to the judge that they DID send you a letter within 5 days of reinserting the account, they sure as heck won't be able to prove that the item was "certified" to be accurate and correct.
Excellent tip mindcrime! Thank you so much! Okay, now that my ducks are all in a row and I am ready to file this, I have to speculate about outcome. In my letter to CSC, the Texas Equifax affiliate, I asked for $5,000 for violations--I could enumerate over 20 & have excellent documentation to support these including proof that the document was received by CSC. Is there any chance that they will settle this for a clean copy of my report? My Equifax report is so completely screwed up it isn't even funny. Due to the "soft inquiry issue" I can't access my report at all via the internet anymore. I have 2 hard inquiries & a ton of soft ones. So, they have separated my file into 2 files. You never get both parts of the file when they mail you one. I would like to have their housekeeping folks clean up these soft inquiries of heck and the 2 hard ones too. I also need them to delete some other negative items. Any chance, in your opinion, that I could make any of these things happen in lieu of the suit?
I'd say you have a very good chance at getting some "extras (deletions that is)" out of the deal. LKH had a similar situation, although I can't recall which bureau it was with at the moment, however from what I remember, he had them on several serious violations, filed suit, and their attorney either called him, or met him on the courthouse steps and agreed to settle out the case and in exchange for dropping the suit, LKH received a completely clean report (maybe even inq's deleted), and not sure if he received any dollars for his troubles. LKH, if you're around, can you confirm all this for me/and Lisa ?
I am thinking LKH's issue was with Experian. I know that Lizardking also had a similar situation--I recalled the settlement taking place at the courthouse too. I think his suit was with Equifax. Mindcrime, thanks so much for all of the helpful insight. It sure made my job of writing the letter easier. I appreciate it! Lisa
(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.
Mindcrime, I didn't ask you to quote law. I know the law. LOL I'd like to know what YOU beleive proper *certification* IS? ???
OOPPPPSSSS sorrry I must have read your post too quickly. LOL I believe certification is written confirmation, which would carry a signature (hand signed), or seal, that testifies to the truth or genuineness of the information contained within the letter.
Yeah, Me 2, I think it must be notarized, maybe even under penalty of perjury. As in an affidavit. If, as in section (i) stating: unless the person who furnishes the information certifies that the information is complete and accurate. We can start DEMANDING a copy of this "confirmation" and LisaMc's case is an excellent one to try. Don't you think? We all need to figure out EXACTLY what "certification" is. A new thread maybe???
Yes, I agree that we should (when the time is right) demand a copy of the certification. LKH did when an account was reinserted on one of his reports (EX I think), and EX kept saying "oh we have it, oh we have it (the certification that is)..." then when LKH asked their attorney to prove it, " oh, silly us, we don't have it!". Even though none of us may have an "exact" definition of what the CRA needs to produce as certification from the furnisher, we certainly know a printout or even a typed up letter would be a far cry from "acceptable". I don't know if Lisa should be requesting this now, or saving it for a surprise against the CRA if she has to go as far as filing suit. We know that if she saved it for now, the CRA would fall flat on their face when she requested it during trial, however in light of "speeding up the process" using it now may just get her what she wants. So many options, so little (minded) CRA's.
This is the letter I send out last week to EQ (letter credit goes to Lena) I wonder how would they respond...... Dear Sir or Madam, I am writing you in regards to the above disputed account that was investigated, and deleted, on Nov 09, 2001. The said account was re-inserted in February 2002. I was not notified of this, and I did not become aware of this until May 2002. When I called your office on June 20, two of your representatives confirmed that Equifax didnâ??t send notice because the FCRA does not require you to do so. That is incorrect; the FCRA specifically states that consumers must be notified if deleted tradelines are reinserted. I will list the pertinent sections of the FCRA: ¡± 611 Procedure in case of disputed inaccuracy [15 U.S.C. ¡± 1681i] (5)(B)(ii) clearly states that Equifax shall notify me in writing no later than 5 business days after the reinsertion. ¡§¡K¡K(ii) Notice to consumer: If any information that has been deleted from a consumerâ??s file pursuant to subparagraph (A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing no 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 written notification of the reinsertion no less than 5 business days after the reinsertion. Please provide me with proof that you notified me of the reinserted item. You have 30 days from today to comply with my request. If you cannot provide proof that you mailed notification, you must delete the reinserted information within 15 days of completing the investigation.
