FCRA question...maybe fall under TX laws? Maybe a FDCPA on one....

[rambler]

Ok if I get a letter from say TU in response to a dispute and it says items have been deleted, what all exactly must they provide me with to reinsert the said items?

One is the OC reporting, other is a CA.

Disputed end of Dec 2011 or so. 1-17 got a letter from TU saying they were deleted.

1-31 Got a letter stating NEW INFORMATION BELOW...next page the two were back, looks like exact same info but new verfied date. No other information included.

Just curious if this meets all laws for reinsertion.

[cinnamngrl]

I think it might. have you sent a 623 to the OC?

[rambler]

This actually happened with two seperate tradelines on the same dates.

One is a CA, other the OC reporting.

CA has responded to all requests for documentation and to all disputes. They do have paperwork, but it's BS charges. Not going to pay them at all for this crap. I guess I should start having fun with them though. One dispute as allowed by TFC 392 was not answered within the 30 days given by law. I received a letter dated the 37th date after they signed for my dispute saying they needed more time. 3 days later the documents arrived.

The OC is a different story. Account was paid in full in 2011. They have been reporting misc. late payments before the charge off. I sent the request for invistagation to them last year. It was signed for, but never any response at all. I then Disputed again with Experian and TU sending them a copy of the letter and a copy of the signed mail receipt and explained they refused to answer. Experian says verified. TU sends letter dated 1-17 saying deleted (both of these tradelines). Another letter dated 1-31 says new information below and has the TLs back as they were prior to deletion but with a verified date after the 17th. I'll have to see if I can figure out when they received my dispute.

Sent letters to Experian and TU demanding how the accounts were verified and if they spoke with a person the persons name etc as per the FCRA

"( 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."

So does a simple statement that says NEW INFORMATION BELOW meet the requirements spelled out above by the FCRA? Notice, the statement NEW INFORMATION BELOW is the same statement used when you dispute and they just update the account. No where in the letter does it say these items were reinserted.

Oh and AFTER this last dispute they changed the information on Experian to show it was charged off July 2011 and closed in Jan 2012. This account was PAID IN FULL in March of 2011. Overpaid actually and they sent me a refund.

Edited March 15, 2012 by rambler