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How To Delete Reinserted Information Off Your Credit Report



If you have ever had an item deleted from your credit report only to have it put back on your credit report months or even years later, then this is for you. Often times when consumers dispute negative items on their credit reports and get them removed, the original lender will re-report the account even after it was deleted.


This is not uncommon or even illegal. The bureaus and your lenders/furnishers have a right to reinsert the negative account back on to your consumer file but they must follow specific guidelines according to the law to do so. Specifically 15 USC 1681i(a)(5)(B) Requirements relating to reinsertion of previously deleted material.


What The Law Says


According to this section of the law, the furnisher has to 1) certify that the information being reinserted is accurate and complete. So you need to request proof of this certification. And if they cannot furnish it, request the reinserted information be removed.


According to this section of the law, the credit bureaus have to 2) notify you, the consumer, of the reinsertion, in writing, no later than 5 business days after the date of reinsertion. So you also need to ask for proof of notice of reinsertion of information no later than 5 business days after the date of reinsertion. And if they cannot provide proof, then request the reinserted information be removed.


Last, according to the law cited above, the credit bureaus have to 3) provide you, the consumer, in writing, no later than 5 business days after the date of reinsertion, with, i) a statement that the 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, to you, the consumer, that you have the right to add a statement to the consumers file disputing the accuracy or completeness of the disputed information.


What You Need To Do


So you need to request, from the CRAs and furnisher, proof that they complied with this section of the FCRA and if they cannot furnish the requested information with 30 days, then you can sue the bureaus for noncompliance.


I recommend do this even if you know that the bureaus and furnisher did comply with the requirements above because you always want to put the burden on the bureaus to prove themselves. Sometimes they are just not able to furnish you with what you request in time and by default will have to remove the information anyway.


Conclusion


Always remember, it is your right to challenge anything that they credit bureaus put on your consumer file. The burden of proof is always on them because they bear the responsibility of making sure that the information on your credit report is accurate and complete.


Below are two sample letters that you can use to dispute information that has been reinserted onto your credit report


SAMPLE LETTERS

Reinsertion of disputed information letter (credit bureau)
.docx
Download DOCX • 9KB

REINSERTION LETTER (TO BUREAUS)



Reinsertion of disputed information letter (furnisher)
.docx
Download DOCX • 9KB

REINSERTION LETTER (TO FURNISHER)


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