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OMG-Equifax Response To Reinsertion


lucyricardo
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I had an account with Asset Acceptance which was deleted (have copy from Equifax on October 23, 2003). It was reinserted and I called today and spoke with a supervisor. I told her I wasn't notified about this being reinserted. Here is what she said:

ME: I have an item on my report which was previously deleted but has not been reinserted. Under the FCRA, you are obligated to inform me, the consumer of this and you didn't.

SUPERVISOR: We did an investigation and they didn't respond, we updated in your favor. They resubmitted the information. They are suppose to notify you, not us.

ME: No, Ma'am, under the FCRA, the Credit Reporting Agency is the one who needs to notify me and I wasn't notified.

SUPERVISOR: No, Asset needed to not us. We didn't reinsert it, Asset did.

ME: Okay, well, what I will do is turn this matter over to my attorney and he will be contacting you regarding this clear violation of the FCRA.

SUPERVISOR: Thanks for calling, have a good day.

CAN YOU BELIEVE THIS?????????? Now what do I do?

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Yes, I can believe it. The FCRA clearly states "the consumer reporting agency shall notify the consumer of the reinsertion". If the supervisor doesn't know this, it's no wonder the reps have no clue what the FCRA states.

Furthermore, if the moron knew anything about the FCRA she would know that section 5 C of 611 states the CRA must "maintain resonable procedures designed to prevent the reappearance in a consumer's file".

Write them and quote the FCRA section. Demand deletion. If you file a complaint againt the CRA you might as well sue them. You'll end up in "special handling" either way. Some attorneys will take your case on a contingency basis if the rewards are big enough. Check out the "Hall of Fame" thread.

Like I said in another thread, the CRA's have made their position clear. They will not follow the FCRA and they will not change their procedures no matter how many suits are filed or FTC actions are brought against them.

Just about the only other thing I can think of is write your Sentators. Maybe if the penalties were more severe, they'd take a big enough hit to their pocketbook and change their ways - up to and including terminating any employee who willfully disregards the FCRA.

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Same exact thing happened to me........The supervisor told me that the CA has to notify me not the CB (Equifax)...........I read her the fcra word for word and asked her if she was the credit bureau and she said yes I said then you must notify me............long story short I sent letter CMRRR and it was deleted. XtypeX

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