Reinsertion of Trade Lines

NO

 

I do not have a specific reference but if you read through the FCRA there will be a section on reinsertion and that the CRA's are responsible to take measures to prevent this from happening. Not that they do but it is there.

 

FCRA:

§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]
(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)).

 

Exactly. It is legal to reinsert as long as they follow proper procedure. If, however, they fail to notify you, you then have a violation by the CRA.

 

I realize this is an extremely old thread, but I need some direction.
About four years ago, we disputed our mortgage with the bank as it was being reported.
Somehow - probably due to non-response - the tradeline was removed.

At the time we were in the midst of the recession - and we had a rough time.

Things have improved dramatically - and we have been current with the bank on the mortgage for some time.

If we authorize the bank to reinsert this trade line with one or all of the reporting agencies - can and will they automatically report all the way back to the last month of reporting - or are they obligated to essentially pick it up from here and report going forward?

We are probably better off with no reporting than dredging up payment histories from a very rough time.