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Is this legal???


tdhssbn
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I disputed a collection that was my DW's and not mine, so all 3 CRA's deleted the TL. It stayed off for about 4 months. Guess what? It is now back on again. Here is the catch. I thought the CRA had to notify you that they were putting it back on. Can they delete a CA TL and leave it off for 4 months, then just put it back on? Please advise

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Unfortunately it's probably the CA that re-reported it. But, yes, the CRA has to notify you within 5 days of re-insertion, if they are the ones that re-inserted.

§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

(5) Treatment of Inaccurate or Unverifiable Information

(A) In general. If, after any reinvestigation under paragraph (1) of any

information disputed by a consumer, an item of the information is found to

be inaccurate or incomplete or cannot be verified, the consumer reporting

agency shall–

(i) promptly delete that item of information from the file of the consumer,

or modify that item of information, as appropriate, based on the results

of the reinvestigation; and

(ii) promptly notify the furnisher of that information that the information

has been modified or deleted from the file of the consumer.

(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.

© 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)).

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Unfortunately it's probably the CA that re-reported it. But, yes, the CRA has to notify you within 5 days of re-insertion, if they are the ones that re-inserted.

whether the CA re-reported or not, if there is enough information to indicate that the TL is the same, the CRA had better notify you.

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