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what is the process for CA to repost deleted info?

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compassion101
Established Contributor

what is the process for CA to repost deleted info?

Recently disputed a few old medical CAs that were deleted from my reports. They were 4-6 years old, mostly low balance ($150 or less) but one was higher around $1800.

 

I know that it is possible for these to go back onto my reports even if maybe unlikely for the old/low ones. My question is what is the process for the CA to put the info back onto my report? Is this the same as the original process, where they would need to contact me first and advise me of my rights to request validation etc? Or can they put it back onto my CBR at any given time without notice first to me?

 

 

 

 

Message 1 of 5
4 REPLIES 4
llecs
Moderator Emeritus

Re: what is the process for CA to repost deleted info?

If the account disappeared due to the dispute, by law, the CRA must either send out a written notice 5 days before they put it back on, or the CRA must give you a written notice 5 days from the point they put it back on. Can't remember, but it's in the FCRA. Either way, they can do it if they wanted to. It's quite rare though to have that happen.

 

What does happen quite often is that the CA will sell the debt to someone else, or the CA will pass it back to the OC who will in turn sell it to someone else. I've had most of my unpaid debts resurface under someone else and no written notice is needed by the CRA. Obviously if a new CA takes over they have to send a dunning letter per the FDCPA.

 

In any case, I'd make sure I had 100% saved up because collection activity will likely increase. If this just happened, I'd call the OC to see if they have the debt and see if you can pay it before they farm it out to someone else (assuming they had it).  ETA...and assuming it was legit.

 


 

Message 2 of 5
RobertEG
Legendary Contributor

Re: what is the process for CA to repost deleted info?

Reinsertion of previously deleted information is covered under FCRA 611(a)(5)(B).

It applies only to information that was deleted based on a finding in a dispute that the information was inaccurate or incomplete or was not verified.

 

If deletion was based on a finding in a dispute, any party wishing to have the information reinserted must include a "Certification of Accuracy of the Information," attesting that, notwithstanding the finding in the dispute, the information has now been determined to be accurate.  That applies to all parties, not just the party to which the dispute was directed.

 

The CRA must then determine if the Certification is adequate.  If they find it acceptable, they can reinsert.  If the furnisher has not provided the required Certification, or the CRA determines that a Certification is inadequate, the CRA is barred from reinsertion of the information.

 

If the CRA accepts the Certification, they can immediately reinsert the information, but must, within 5 days of their reinsertion, provide written notice to the consumer.

Message 3 of 5
2NE1
Established Contributor

Re: what is the process for CA to repost deleted info?

If the CRA fails to provide you the written notice within 5 days of reinsertion, can you dispute their violation to get the item removed once again? or no?
Message 4 of 5
RobertEG
Legendary Contributor

Re: what is the process for CA to repost deleted info?

Lack of CRA notice of reinsertion is not really an issue of accuracy of the reporting itself, so would not technically be basis for a dispute under the FCRA.

It is an issue of CRA compliance with their statutory notice requirement.

 

Even if disputed, any dispute over accuracy of information always provides the furnisher the opportunity to correct the reported information so as to make it accurate.

Inaccuracies in reporting do not compel any CR deletion unless the inaccuracy cannot be corrected.

Message 5 of 5
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