to lizardking

Pic,

Please link us to the above case.

Thanx,

 

The FCRA below, makes no differentiation. It does not matter whether the ca/oc re-reported it.
They have an obligation also to prevent the reappearance of a previously deleted item. Here is the rule.



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.

 

LOL LKH,

I feel like I am following you around tonight, post to post.

I only wanted to add that it makes a huge difference that the deletion was based on a reinvestigation in the first place, that's what kicks everything else into place and the stringent requirements for reinsertion.

If you disputed once and it was deleted because it couldn't be verified, wasn't updated, wasn't complete, wasn't accurate -- the additional requirements make it hard to have anything reinserted, and rightly so, I say.

The additional requirements reinforce the 30-day timeframe, without them, the 30-day timeframe could really become a continuous extension and we'd all be in delete/re-insert circles, chasing our green cards around.

As I read it, it is tough noogies to the CA, that is bogus, if they TRY to reinsert something previously deleted, the reasonable procedures of the CRA would additionally kick in -- they are charged with seeing that it doesn't get reinserted.

The CRA is the one that is going to hang it's hat on the reinsertion, because they are soley responsible for seeing that it doesn't happen.

Trying to point a finger at the CA reinforces what those reinsertion requirements are all about.

Sassy

 

I would suggest asking the CRA for certification that the reinserted item is correct and complete per the above mentioned section of 15 U.S.C

If a CA/OC reinserted something that the CRA deleted then the CRA is responsible for ensuring that the information is certified by the reporting party.

 

hmmmm PAE,

You got me thinking. I don't think I would ask for the certification information that is required.

There has been previous discussions on what certification is -- it's not defined. I think it's likely a statement from the creditor, like, I sassy hereby certify that the tradeline information being submitted for consumer picantel previously deleted is accurate and complete as of this date.

I think, in asking for the certification that should have already been reported prior to the reinsertion, you are just giving the CRA another chance to get it and the CA another chance to provide it.

They can't know what the requirements are or they wouldn't have told picantel that they (CRA) didn't reinsert it, the CA did. That alone is revealing, even if it was properly reinserted with the proper certification, the CRA rep should have known that they then were required to send a notice to picantel within 5 days of the reinsertion.

The CRA has to make sure the certification is there before reinserting it to keep their butts covered, that's the point I believe, then they would send the 5-day notice.

I don't disagree with asking for the certification, I'm just thinking that perhaps that may have been more appropriate had picantel not called and received the response from the CRA.

At this point, except that all picantel has is a verbal explanation that is bogus, I think the asking would really just be giving them another chance to do what they should have the first time.

If picantel were to send an intent to sue letter, it would be clear who dropped the ball and not give them another chance to make it right or a cut to the chase Lizardking claim -- the result, I think, would likely be deletion.

To cure these violations of the FCRA and in lieu of legal action -- delete, or with a claim filed, that could be the settlement offer -- delete in lieu of a court appearance.

Sassy

 

I posted recently about the 5 day notice if you have creditwatch or creditexpert. I looked all over CW and could not find any tiny print that would say, that since you had the program they weren't required to send it. Does anyone think that they could say this? Still wondering. Im going forth on my re-insertion demands, despite that I have CW.

 

Quigs,

(B) Requirements relating to reinsertion of previously deleted material.

(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.

I read that last part to mean "...or,if authorized by the consumer for that purpose, by any other means available to the agency."

If you've signed up and are using CW for monitoring via email updates, that would count as notice. I'm guessing it's part of their big ole agreement when you sign up that you have to click I agree on.

I'm curious what opinions others have.

Sassy

 

Yes but it would have to say so somewhere.

I didn't see it either. But didn't look that hard.

lol

 

I called experian about the same problem yesterday...
I had disputed an account back in june...it was deleted....disappeared from my report, although I never recieved notification about the deletion...only a pending.....
anyway, I was told first that the CA must have reinserted it....which I countered by showing that the date last reported showed as 5/02. Then the representative went through my files and said that they had verification in july saying the account was accurate. It ended up with an offer by experian to redispute if I send in copies showing that it wasn't on my report....she had nothing at all to say about the need for reporting after 5 days....according to her, it had never been deleted...
GRRRRRRRRRRRRRRRRR

 

They've had a special training class.

"Here's the BS to feed them when they ask..."

CRAP!

 

Go picantel gooooooooooo!

There's a way to make contact with the legal department LOL.

Quigs, Butch, Harpsong,

I just thought of something, beyond the agreement you click on when signing up, next I do it I'm going to print that agreement because I know it references jurisdiction and venue if you sue as well.

I'm not recalling on Equifax but for Experian, whenever you dispute online, with the first dispute, you click on dispute the item, click on one of their reasons or enter other, they ask if it's correct, click click, dispute submitted, then it asks you if you want to be notified by mail or email of the results.

If you don't choose email, it asks you again, are you SURE you don't want to be notified via email and there's a confirmation button.

Sassy

 

OK picantel - I was given this info about 1 year ago. I assume it is still accurate, but I make no guarantees.


Ann M. Sterling
Senior Counsel
Experian
505 City Pkyw W.
Orange CA 92868
fax (714) 938-2515

 

you know...I always decline the email notification.....I like having it in my hand to examine...