Consumer complaint received 2017-10-26
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Experian Information Solutions Inc. (TX)

5 Day Reinsertion of Account Without Notification This complaint is regarding a collection account on my Experian Credit report. The collection account is XXXX, XXXX XXXX XXXX XXXX, account # XXXX. This incident occurred while I was a resident of California. 

The collection account did not appear on my credit report as evidenced by Experian credit report printout datedXX/XX/XXXX. This printout, and all subsequent printouts, was obtained by me on the Experian website. 

The collection account appeared on my credit report onXX/XX/XXXX, and remained on my report through XXXX as evidenced by Experian credit report printouts containing those dates. 

The collection account had been removed from my credit report on XXXX, and remained removed from my reports through XXXX as evidenced by Experian credit report printouts containing those dates. 

The collection account reappeared on my credit report onXX/XX/XXXX as evidenced by the Experian credit report printout containing that date. 

I did not receive any written notification of Experian 's intent to reinsert the account, as required by FCRA section 611 ( a ) ( 5 ) ( B ) ( ii ), and California Civil Code Title 1.6 section 1785.16 ( c ), before XXXX. 

I waited untilXX/XX/XXXX to allow enough time for a 5 day reinsertion notice to arrive from Experian. No such notification arrived, so I immediately disputed the reinsertion with Experian. I sent the dispute via certified mail. The dispute was signed for on XXXX by XXXX XXXX. I received a response stating the account had been verified with no mention of the reinsertion violation. On XXXX, I a dispute by certified mail to XXXX XXXX, XXXX. I did not receive any response regarding the dispute at any time. 

Experian 's blatant disregard for the law is a violation of FCRA Section 611 ( 5 ) ( B ) ( ii ) ( iii ) ( I ) ( II ) ( III ) and FCRA Section 623 ( b ) ; which state : ( B ) Requirements Relating to Reinsertion of Previously Deleted Material ( i ) Certification of accuracy of information. If any information is deleted from a consumers 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 consumers 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 XXXX 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 consumers 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 consumers 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 ) ). 
611 - 15 U.S.C. 

It is also a violation of California Civil Code Title 1.6 Section 1785.16 ( c ) ; which states : 1785.16. ( a ) If the completeness or accuracy of any item of information contained in his or her file is disputed by a consumer, and the dispute is conveyed directly to the consumer credit reporting agency by the consumer or user on behalf of the consumer, the consumer credit reporting agency shall within a reasonable period of time and without charge, reinvestigate and record the current status of the disputed information before the end of the 30-business-day period beginning on the date the agency receives notice of the dispute from the consumer or user, unless the consumer credit reporting agency has reasonable grounds to believe and determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure of the consumer to provide sufficient information, as requested by the consumer credit reporting agency, to investigate the dispute. Unless the consumer credit reporting agency determines that the dispute is frivolous or irrelevant, before the end of the five-business-day period beginning on the date the consumer credit reporting agency receives notice of dispute under this section, the agency shall notify any person who provided information in dispute at the address and in the manner specified by the person. A consumer credit reporting agency may require that disputes by consumers be in writing.
( c ) No information may be reinserted in a consumer s file after having been deleted pursuant to this section unless the person who furnished the information certifies that the information is accurate. If any information deleted from a consumer s file is reinserted in the file, the consumer credit reporting agency shall promptly notify the consumer of the reinsertion in writing or, if authorized by the consumer for that purpose, by any other means available to the consumer credit reporting agency. As part of, or in addition to, this notice the consumer credit reporting agency shall, within five business days of reinserting the information, provide the consumer in writing ( 1 ) a statement that the disputed information has been reinserted, ( 2 ) a notice that the agency will provide to the  consumer, within 15 days following a request, the name, address, and telephone number of any furnisher of information contacted or which contacted the consumer credit reporting agency in connection with the reinsertion, ( 3 ) the toll-free telephone number of the consumer credit reporting agency that the consumer can use to obtain this name, address, and telephone number, and ( 4 ) a notice that the consumer has the right to a reinvestigation of the information reinserted by the consumer credit reporting agency and to add a statement to his or her file disputing the accuracy or completeness of the information.