Consumer complaint received 2021-06-08
Company: Adler Wallach & Associates, Inc.
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
On or about XX/XX/2019, I disputed an account reported by AWA COLLECTIONS, XXXX XXXX XXXX, AMOUNT : {$2300.00} ; in the file you maintain under my Social Security number. I am writing to enforce my rights. 

Following my previous dispute, I was informed that AWA COLLECTIONS, XXXX XXXX XXXX, AMOUNT : {$2300.00} was deleted from my credit report. 

AWA COLLECTIONS, Account NumberXXXX, has not been reported properly. After looking at past and present credit reports it has come to my attention that you have allowed this item to be reinserted into my credit file after it had been deleted. Based on the credit report dates the period during which this reinsertion took place was around XX/XX/2019. 

As has been noted, a credit investigation is supposed to involve reviewing documents, researching facts, interviewing witnesses, or comparing handwriting. During my previous dispute process, XXXX did NOT conduct a meaningful examination of the underlying facts, which is a mere violation of the Fair Credit Reporting Act. XXXX  employees are no more than data entry clerks in the dispute and investigation process. XXXX  did NOT properly review any documents, research facts, or interview any witnesses, such as family, associates and/or neighbors. 

Now I have discovered that the item has been reinserted on my credit report.

In accordance with the requirements of the FCRA section 611 ( a ) ( 5 ) ( B ) ( ii ), you are required to notify me of the reinsertion in writing within 5 business days.

( B ) Requirements relating to reinsertion of previously deleted material ( 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 nor later than 5 business days after the reinsertion or, if authorized by the disregard for the law. 
I received no such notification. This is a very serious violation of the FCRA, and I reserve the right to pursue legal action for your blatant disregard for the law. 
I do not wish to have my name, address, telephone number, credit file or other information sold or traded with any marketers. In addition, please do not allow credit issuers to prescreen my credit file for credit offers. 
I am requesting that all information about me and my accounts remain private. I want my name, address and credit data excluded from your marketing lists. 
In accordance with the requirements of the FCRA, I am hereby requesting your complete compliance with any and all of the provisions. 

It my knowledge, and pursuant to the FCRA & United States Constitution, 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. 

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.

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. 
Please furnish me with the required statements and data ( 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 and a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available ; Please furnish me with a full description of the procedures used to determine the accuracy of the information. 
( 7 ) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph ( 6 ) ( B ) ( iii ) by not later than 15 days after receiving a request from the consumer for that description. 

I hereby demand that you immediately delete the item from my credit report in order to avoid legal action. 

Lastly, I did not authorize or give consent to your company or any other agency to furnish information related to me.

Company response to consumer: Closed with explanation