5 days notice required for reinsertion of tradelines?

[smurfette in nyc]

Like most of you, I pull all 3 of my credit reports almost everyday using privacy matters. I was thrilled last month when the tradelines for a charged off account magically dissapeared off all 3 reports. However, just this week, they re-appeared, but in a slightly different way. The one that was on EX came back exactly the same, while on TU and EQ, the account came back under the category of a collection, a la a JDB.

From all I've read thus far, there is something under the FCRA that states the CRA's must provide written notice, within 5 days to be exact, about a TL being reinserted onto a credit report. I should add that this baddie was marked in dispute by all 3 CRA's as well.

I feel strongly about writing the CRA's and demanding they delete the TL due to not providing me the written notice required by the FCRA. Has anyone here ever done this? And if so, what was the outcome?

Thanks in advance for all responses--as always they're much appreciated.

[ShortBus]

It's 30 days, not five. You might be thinking of the five days a debt collector has to send a dunning letter after initial contact with a debtor.

[smurfette in nyc]

Actually, I believe it is 5 days. Take a look at this:

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

Requirements relating to reinsertion of previously deleted material.

Certification of accuracy of information. If any information is deleted from a consumer's file pursuant to subparagraph (A), the information may not reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies the information is complete and accurate.

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. 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 no later than 5 business days after the reinsertion date.

(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.

[VeVe]

It sounds like the data furnisher reinserted the tradelines, not the CRA, therefore the 5 day rule doesn't apply.

[ShortBus]

Good catch. I stand (er... sit) corrected. Thanks for digging out the citation.

[smurfette in nyc]

It sounds like the data furnisher reinserted the tradelines, not the CRA, therefore the 5 day rule doesn't apply.

The CRA must report this to the consumer though.

[VeVe]

The CRA must report this to the consumer though.

No, they don't. They only have to inform you of it being reinserted if they removed (or suppressed) it as the result of a dispute for which they didn't receive verification from the data furnisher within the 30-day dispute timeframe.

If a data furnisher reinserts, or re-reports, a tradeline that was deleted by the CRA, the CRA does not need to inform you because they aren't the ones reinserting the tradeline.

The fact that all off a sudden all three CRA's are showing this tradeline implies that it is in fact due to the data furnisher reporting it.