Hi Gang, 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. ************** MC said: 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!". I do remember reading about LKH's case. The fact that the CRA kept saying they had it and then suddenly misplaced it at trial leads me to believe this is an area that needs serious discussion. We began talking about what constitutes LEGAL certification on another thread; http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=&postid=200821#post200821 Mindcrime believes, as do I, that a proper cert. is a document, signed by the certifier, proclaiming that the debt is valid. I think it may go even further. It may be that it must be notarized, maybe under the penalty of perjury, as in an affidavit. It must also be done by a person who has "first hand knowledge of the debts existance". WE have a right to DEMAND a copy of this certification from CRA's after they RE-INSERT a previously deleted item, as per FCRA. Moreover, we must have this certification so we know WHO we're going to sue at the OC's or CA's office for providing this cert. on an unvalidatable debt. I really think this is the reason it's so hard to get. They protect each other. Lets get this one going? Experts?
Excellent point. Whoever is at the OC or CA doesn't want the consumer to know who they are because they are in fear of the consumer retaliating against them personally (lawsuit-wise). Here's a question I ask all: Has any member of the board had an item re-inserted (doesn't matter whether the CRA notified you or not, because either way you may request to see the certification) on their report, then requested of the CRA the certification that they are SUPPOSED to have received before they re-inserted the account, and ACTUALLY received a copy of the certification? And if you did, what was contained within it?
OR, Does anyone have a high powered lawyer, (what ever that is lol) that we could get this question answered? This is a big one because the law says "any person". FTC Staff said person can be either a company OR an individual. (MC - Not past your bedtime)? lol
Butch, I don't have a bedtime. I'm a dedicated creditnetter who is at any members beckon call, day or night. LOL. Yikes.... Maybe it IS past my bedtime
I need to know this too, as Experian reinserted 3 deleted trades, and has yet to provide me certification or notification that they reinserted. I requested Certification.
You should e-mail whyspers. She's looking for folks just like you who had EX reinsert derog. tradelines that were previously deleted.
I thought I'd read the bottom of the FCRA. Ya know that FBI crap? Guess what I found. § 625. Disclosures to FBI for counterintelligence purposes [15 U.S.C. § 1681u] (a) Identity of financial institutions. Notwithstanding section 604 [§ 1681b] or any other provision of this title, a consumer reporting agency shall furnish to the Federal Bureau of Investigation the names and addresses of all financial institutions (as that term is defined in section 1101 of the Right to Financial Privacy Act of 1978 [12 U.S.C. § 3401]) at which a consumer maintains or has maintained an account, to the extent that information is in the files of the agency, when presented with a written request for that information, signed by the Director of the Federal Bureau of Investigation, or the Director's designee, which CERTIFIES compliance with this section. The Director or the Director's designee may make such a CERTIFICATION only if the Director or the Director's designee has determined in writing that the info is necessary blah blah blah. [cAPS aDDED] I think we can glean from this at least a little info. about this mytsireous certification. For one thing according to traditional statutory construction if a word is used throughout an act it is assumed to mean the same thing throughout unless specified otherwise. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (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. Therefore from a quick read of Sec 623 we can see that the certification contains certain attributes, which are a) It is in fact a hard copy document. It's NOT something done over the phone. b) It must be hand signed and; c) By an officer, or at least a higher position in the CA company. Not a CSR. FOLKS START DEMANDING A COPY OF THIS CERTIFICATION on re-inserted TL's. Tell the CRA that you MUST have thisbecause; a) The law says so! b) It's the only way to know who's BUTT you're going to sue at the CA and if you (the CRA) don't want to be listed as a party to the suit they damn well better send it to you YESTERDAY! I'm goin to bed now. ~
Hey Love, You're gettin good at this "bumping important threads" thing. We hereby officially make you the chief of important threads police. ~
Butch, In answer to the question re:certification. When a term is not defined in the act itself then one must look to case law for the judicial interpretation of "certification". As I don't see anywhere in the FCRA a definition for this my bet is that it is open to interpretation. I will bring it up tomorrow in my infamous "legalbeagles" lunch hour. Interesting question and definitely deserves some sort of answer. Thanks for bringing it up! clc
Sure, demand CERTIFICATION. All you have to do to receive it is to get the Director, or one of his disignees to request it. Doc is right, nothing but smoke and mirrors here. Gib
Pretty basic as far as I'm concerned. A "certification" is: 1) A hard copy document 2) Contains a signature Still don't know if it must be signed by one with first hand knowledge, and/or; signed under the penalty of perjury, (which I doubt anyway, that would make it an affidavit). It WOULD go beyond a verbal assertion tho. I asked CLC to look into it but she ended up quiting the law firm to pursue school. So, still looking. The FCRA speaks of 2 different kinds of certification, "specific" and "general". Just continue to demand a copy of it. Maybe one of us will get lucky. Also - I've emailed the FTC about it. I fully expect a reply somewhere around Feb. of 2006.
