Would this meet FCRA requirements?

Discussion in 'Credit Talk' started by QUEEN_BEE, Apr 12, 2002.

  1. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    If you subscribe to a credit monitoring service and are notified of a change/addition to your credit file by that service, would that be considered acceptable notification as requested by the FCRA?
     
  2. GEORGE

    GEORGE Well-Known Member

    I DON'T THINK SO...but I'm NOT an expert...

    I would think it would have to be by US MAIL...
     
  3. LKH

    LKH Well-Known Member

    What kind of change are you referring to? There is no requirement by the FCRA that you be notified of any changes or additions. If you are referring to disputes, this is what the FCRA says in section 611:


    (6) Notice of results of reinvestigation.

    (A) In general. A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than 5 business days after the completion of the reinvestigation, by mail or, if authorized by the consumer for that purpose, by other means available to the agency.

    (B) Contents. As part of, or in addition to, the notice under subparagraph (A), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph (A)

    (i) a statement that the reinvestigation is completed;

    (ii) a consumer report that is based upon the consumer's file as that file is revised as a result of the reinvestigation;

    (iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available;

    (iv) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the information; and

    (v) a notice that the consumer has the right to request under subsection (d) that the consumer reporting agency furnish notifications under that subsection.
     
  4. mindcrime2

    mindcrime2 Well-Known Member

    Are you referring to a re-insertiation of a derog account?
     
  5. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    Exactly. I intended for changes/additions to be inclusive of reinsertions.
     
  6. keltexx

    keltexx Well-Known Member

    So the notification is generated by say Privista, Credit Expert, etc.? That isn't on behalf of the CA or Creditor, its because of a purchase of a service that you initiated.

    Using that logic, I would say that notification by the CA/Creditor has not occurred, since they have made no effort to contact you and inform you of this, your rights to dispute, etc.

    I am on my first cup of coffee this am, so excuse me if this is off base!
     
  7. mindcrime2

    mindcrime2 Well-Known Member

    From the FCRA section 611 (a) (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.

    (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.


    In section (ii) it says:

    the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion


    Now if CRA's do not accept e-mail transmission from us, then we won't accept it from them either ( or any service such as creditexpert, privista, worthknowing, creditwatch, etc.)...so to answer your question Love, it would only be considered acceptable if they sent you a letter via USPS.
     

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