The CRA can only reinsert information blocked as a result of an identity theft affidavit if one or more of the conditions set forth under FCRA 605B(c)(1) are present.
Notice of the rescission of a block is then required to be provided to the consumer in the same manner as is required when information that was previously deleted from a consumer's credit report after a prior dispute is reinserted, using the notice requirement set forth under FCRA 611(a)(5)(B).
The first legal question is thus whether the furnisher of the rescinded identity theft information provided a certification of accuracy to the CRA in support of the rescission. Did the CRA identify the furnisher and state that they submitted a certification of accuracy?
Inherent in that process is identification of the information that serves as the basis for the certification.
What, exactly, did the CRA provide in their rescission letter? Did they explicitly state either that the information was blocked in error, there was a material representation of fact by the consumer (i.e., you), or that you took possession of goods or services from the furnisher?
Provided below is a full copy of the relevant provisions of FCRA 605B and 611(a)(5)(B) that comprise the rescission requirements:
“FCRA 605B (c) Authority to Decline or Rescind
(1) In general. A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that –
(A)the information was blocked in error or a block was requested by the consumer in error;
(B)the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block; or
(C)the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions.
(2)Notification to consumer. If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 611(a)(5)(B).
(3) Significance of block. For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block.”
“FCRA 611(a)(5)(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. “
