cancel
Showing results for 
Search instead for 
Did you mean: 

Keep filing same dispute for erroneous collection account

tag
Bmac66
Frequent Contributor

Keep filing same dispute for erroneous collection account

this collection agency has now reported for the third time a collection account that does not belong to me. Each time I file a dispute with all 3 CB's and both times  they have been deleted. This week was the third time in 12 months and I have filed another dispute. Is there anything in FCRA that prohibits the CB's from allowing this same account to be reported every 3-4 months?  It's already been investigated twice and deleted both times. It's always the same account and same exact dollar amount. Is there anything I can do to prevent this from continuing?  It's so frustrating because my scores tank for up to 30 days while they investigate. I'm so afraid one of my cc's will do a AR with this collection and take AA as a result. Seems there has to be something to prevent this from reoccurring. Thank you in advance for any insight. Would be helpful if I can sight  a provision of FCRA to the cb's. 

Message 1 of 4
3 REPLIES 3
RobertEG
Legendary Contributor

Re: Keep filing same dispute for erroneous collection account

FCRA 611(a)(5)(B)(i) stipulates that 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.

 

FCRA 611(a)(5)(B)(ii) further stipulates that if the CRA does receive a pre-certification of accuracy and reinserts the previously deleted information, they must send a notice to the consumer within 5 days after the reinsertion, informing the consumer that they have reinserted.

 

Has the CRA followed these resisertion requirments with respect to the deleted information, first by having received a pre-certification of the accuracy (which in effect overrides a prior dispute finding of lack of verification), and if so, then how do they then make a subsequent finding in a subsequent dispute of lack of accuracy?

 

Message 2 of 4
Bmac66
Frequent Contributor

Re: Keep filing same dispute for erroneous collection account

I have not received any notifications they received a pre-certification of the accuracy. I will call them on Monday and mention this and also mention their two previous deletions. They have to know the law. Do you think it's just slipping through the cracks?  

Message 3 of 4
RobertEG
Legendary Contributor

Re: Keep filing same dispute for erroneous collection account

It could very well slip through a crack.

 

The problem with the reinsertion provision of the FCRA is that it relies upon the CRA being aware that given reporting contains information that was previously deleted as the result of a dispute.  Clearly, the CRA do not and cannot reasonably research each and every reporting to see if there was a prior dispute under the account, and then if so, whether the new reporting contains any specific information that was previsously deleted.  it thus relies upon the furnisher notifying the CRA that their proposed reporting contains information what was dispusted and deleted.  Your furnisher is apparently not providing any notice to the CRA that the reinsertion provisions apply.

 

I would have in hand a copy of each prior dispute and the associated Notice of Resutls when you contact the CRA and advise them that the debt collector is not complying with the resinsertion requirment of the FCRA.

Message 4 of 4
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.