I received notification from TU this week that my tax lien had been deleted from my report. Today, I went online to see my score and the tax lien is back. My understanding is that they have 5 days to notify me of this, correct? What happens if they don't notify me?
experian did that to me. Then they said they did not have to give the 5 day notice because they did not reinsert it, the CA did.I am about 3 weeks away from sueing.
Seems like I have been hearing that a lot lately -- is it just me, or is that a very big load of BS? Aren't they are responsible for what is in their files and the content of the reports they sell? Do they actually have a leg to stand on with that answer?
It's BS. Sue. The FCRA says nothing about whose information is being used to reinsert the information.
This is incorrect. The law requires the CRA to "maintain procedures designed to avoid inaccurate reporting." When they fail to STOP/BLOCK the reinsertion of a previously deleted item it's a violation of that section, unless they have the required "certification" from the DF that the info. is in fact correct. § 607. Compliance procedures [15 U.S.C. § 1681e](b) Accuracy of report. Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.
I just reread the section on reinsertion, and it doesn't make any distinction between the CRA reinserting and the OC or CA reinserting. It just says if the information is reinserted, they have to notify you within five days. They are lying sacks. (Or, to give them the benefit of the doubt, perhaps they are just stupid sacks.)
§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i](5)(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.
Start with a demand that they furnish a copy of this mysterious certification, which I assure you they do NOT have.
