Hello everyone. I diputed some information regarding an FCNB account - 2 30 day late payments last year. Equifax deleted the entire payment history. (Report date shown was 4/29). I was disputing another account and got another report dated 5/20 and postmarked 5/21. The history information is back on the report. I checked on the FCRA rules, they can reinsert but they HAVE to provide written notice within 5 business days as well as Information provided/contacts etc. My question is this, What to do? I could call and ask about the specific date that it was reinserted, however I don't really want to "show my cards". If it had been reinserted exactally on the date of report 5/20 then today is the 5th business day and I should wait till middle of next week (CSC services the account- they are in Houston & I am in DAllas). It seems to me that this falls under the sec 616. Civil Liability for willful noncompliance. $1000 right? Any advice or suggestions would be appreciated.
After the 5 business days + mail time is up, then you should write a letter that they reinserted, and you are demanding deletion...create a paper trail showing you tried to resolve this before you can go for willful vs. negligent non-compliance. TX has a similar law with the difference being - FCRA says the furnisher must certify the accuracy TX - must be sent by written or electronic record.
Thanks-- I printed copies of the Texas laws out as well as the Federal. I wouldn't think that the State Law supercedes the Federal. Does it?
I wouldn't think that the State Law supersedes the Federal. Does it? jds71 ============= State law always supersedes Federal law unless it is weaker than federal. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Thanks. Then by that rationale, the Texas requirement for "written or UDF" is weaker than the Federal requirement for "certification". Course I'm sure that Equifax would try to go with the lesser of the two. Thanks a bunch.
