Continued from Part 2 of Account Number Morphing…

Consumer A is now distraught. He calls the department store and reiterates his story that the department store had earlier investigated, agreed with him that he did not owe the debt and that “they would take care of it” for him. These words come back to haunt Consumer A as the representative now tells him that they are sorry, the account is now with collections, and that they cannot interfere as it is now out of their hands. Consumer A also tries to clarify the situation with Pit Bull but, other than being cursed at and told to “pay the damn bill”, he gets nowhere. He disputes with the CRAs with certified letters, giving a full account of the situation and a statement that he categorically does not, and never did, owe the debt. Two of the three CRAs shortly thereafter delete the trade line from Consumer A’s report, but one of them does not. That one informs our consumer that they checked with the furnisher (Pit Bull) and the furnisher “verified” with them that the information they provided on the debt was valid.

Some more months pass and Consumer A starts feeling frantic. He tries to get refinancing on his home but is told he’ll have to clear up the derogatory trade line showing on one of his credit reports as a first step. He is also denied credit on a couple occasions which he suspects resulted from the same derogatory reporting.

Consumer A starts religiously checking his credit report, and discovers that now the account is being furnished by another collection company, Viper, Inc., and the account number has changed again, this time to “732******”. Our consumer becomes by this point very discouraged. He tries communicating with Viper, Inc. but they are just as nasty and, if anything, more venomous than Pit Bull.

At this point Consumer A finds an attorney firm that will take his case and initiate a lawsuit on his behalf. Among other things, the Complaint accuses the remaining CRA of a “reinsertion violation”. What the CRA had done in this example was “willfully and negligently violated the reinsertion requirements of 15 U.S.C. Section 1681i(a)(5)(B) in reinserting derogatory information onto plaintiff’s credit report after he had previously disputed it, without certification or notice.” (Even though the account number kept changing, it was still the same account being referred to all along. The CRA in question deleted, then reinserted the same account without notifying Consumer A, a no-no.)

>>> Read Part 4 of Account Number Morphing >>>