Reinsertion after deletion...

[EDub357]

An account that was deleted from my credit file was reinserted. According to the FCRA, a consumer must be notified within five (5) days of the item being reinserted to my credit profile.  Does anyone know what I need to do if I was never notified by the OC?  Any recourse I might have?  EQ credit score had peaked 700 and after the item was reinserted, it caused a 99 point drop.  Will I regain all the points lost after it is deleted again?

[guiness56]

The only time the FCRA falls into play is if the account was deleted due to a dispute.  And I believe it is the CRA that must inform you, not the OC.

[Anonymous]

Not to hijack the thread but can a CA or OC even re-insert a TL that was removed via a dispute through the CRA? I was under the impression that if they didn't respond in a timely manner to the CRA then it was removed permanently.

[guiness56]

Yes, they can:

FCRA § 611(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.

(C) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph (other than information that is reinserted in accordance with subparagraph (B)(i)).

[EDub357]

CRA stated that since the OC was the one who reinserted the item, then they are the one that must notify me in writing.  Does anyone know any statues dealing with this?

[guiness56]

(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.

First, the creditor must certify the information is accurate with the CRA then the CRA must notify the consumer.

It looks pretty cut and dry to me. 

Yes, it was the OC, but the CRA has to follow the FCRA also.

[EDub357]

That is what I thought, but after I called the CRA about it and they told me that the OC was the one who reinserted it into my file and it was their responsibilty to notify me.  What does my next step need to be?  Should I call again and threaten lawsuit if item is not immediately removed?

[guiness56]

I would quit calling.  Send them an ITS CMRRR.

[EDub357]

What is an ITS CMRRR?

[guiness56]

An ITS is an Intent To Sue.  CMRRR is certified mail return receipt requested