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Understanding Credit Reporting Laws.. Help please!!!

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Anonymous
Not applicable

Understanding Credit Reporting Laws.. Help please!!!

I live in Texas and I was reading up on the state's Credit Reporting laws and was hoping someone more legal jargin saavy could help me understand the following: 

 

Sec. 20.06. DISPUTE PROCEDURE. (a) If the completeness or accuracy of information contained in a consumer's file is disputed by the consumer and the consumer notifies the consumer reporting agency of the dispute, the agency shall reinvestigate the disputed information free of charge and record the current status of the disputed information not later than the 30th business day after the date on which the agency receives the notice. The consumer reporting agency shall provide the consumer with the option of notifying the agency of a dispute concerning the consumer's file by speaking directly to a representative of the agency during normal business hours.

(Didn't paste B and C for relavance reasons)

 

(d) If disputed information is found to be inaccurate or cannot be verified after a reinvestigation under Subsection (a), the consumer reporting agency, unless otherwise directed by the consumer, shall promptly delete the information from the consumer's file, revise the consumer file, and provide the revised consumer report to the consumer and to each person who requested the consumer report within the preceding six months. The consumer reporting agency may not report the inaccurate or unverified information in subsequent reports.

 

 

 

Sec. 20.07. CORRECTION OF INACCURATE INFORMATION. (a) A consumer reporting agency shall provide a person who provides consumer credit information to the agency with the option of correcting previously reported inaccurate information by submitting the correction by facsimile or other automated means.

(b) The credit reporting agency which receives a correction shall have reasonable procedures to assure that previously reported inaccurate information in a consumer's file is corrected in a prompt and timely fashion.

 

 

I am trying to understand if Texas law is saying that a CRA MUST delete inaccurate information, unless they give the consumer the option of asking them if they woud rather have the information updated instead of deleted. But if the consumer says they don't want it updated, then the CRA has to delete inaccurate info. 

 

Am I even close to the ballpark of what this means? 

 

All advice is appreciated! Thanks Smiley Happy

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2 REPLIES 2
Anonymous
Not applicable

Re: Understanding Credit Reporting Laws.. Help please!!!

No doubt you will hear from RobertEG on this.

 

If you have a practical issue, and feel like laying out the specific details of the account, what you view as mistaken about it and why, others may be able to chime in with some guidance.

Message 2 of 3
RobertEG
Legendary Contributor

Re: Understanding Credit Reporting Laws.. Help please!!!

Deletion of information found to be inaccurate does not preclude the CRA from correcting the information.

Correction, such as is provided for under section 20.07, is new information that is provided as a subsitute for/correction of the deleted information.  Thus, if previous information is either found not to have been verified or not to be accurate, it is deleted, but can be replaced with accurate information.

 

It is an improper interpretation of the Texas code that the consumer can preclude correction of previously inaccurate information based on the provision of the Texas code that mandates removal of information found to be inaccurate or unverified.

That would be inconsistent with both section 20.07 of that same statute, and with the superceding federal dispute process under FCRA 611(a), which only mandates deletion if the information cannot be verified or corrected to overcome a finding of inaccuracy.

 

 

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