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TITLE 15.
COMMERCE AND TRADE · UNITED STATES CODE
Chapter
41. CONSUMER CREDIT PROTECTION
Subchapter III. CREDIT REPORTING AGENCIES
15 USC § 1681i.
Procedure in case of disputed accuracy
(a) Reinvestigations of disputed information
(1) Reinvestigation required
(A) In general
Subject to subsection (f) of this section, if the completeness or
accuracy of any item of information contained in a consumer’s file at a
consumer reporting agency is disputed by the consumer and the consumer
notifies the agency directly, or indirectly through a reseller, of such
dispute, the agency shall, free of charge, conduct a reasonable
reinvestigation to determine whether the disputed information is inaccurate
and record the current status of the disputed information, or delete the
item from the file in accordance with paragraph (5), before the end of the
30-day period beginning on the date on which the agency receives the notice
of the dispute from the consumer or reseller.
(B) Extension of period to reinvestigate
Except as provided in subparagraph (C), the 30-day period described in
subparagraph (A) may be extended for not more than 15 additional days if the
consumer reporting agency receives information from the consumer during that
30-day period that is relevant to the reinvestigation.
(C) Limitations on extension of period to reinvestigate
Subparagraph (B) shall not apply to any reinvestigation in which, during
the 30-day period described in subparagraph (A), the information that is the
subject of the reinvestigation is found to be inaccurate or incomplete or
the consumer reporting agency determines that the information cannot be
verified.
(2) Prompt notice of dispute to furnisher of information
(A) In general
Before the expiration of the 5-business-day period beginning on the date
on which a consumer reporting agency receives notice of a dispute from any
consumer or a reseller in accordance with paragraph (1), the agency shall
provide notification of the dispute to any person who provided any item of
information in dispute, at the address and in the manner established with
the person. The notice shall include all relevant information regarding the
dispute that the agency has received from the consumer or reseller.
(B) Provision of other information
The consumer reporting agency shall promptly provide to the person who
provided the information in dispute all relevant information regarding the
dispute that is received by the agency from the consumer or the reseller
after the period referred to in subparagraph (A) and before the end of the
period referred to in paragraph (1)(A).
(3) Determination that dispute is frivolous or irrelevant
(A) In general
Notwithstanding paragraph (1), a consumer reporting agency may terminate
a reinvestigation of information disputed by a consumer under that paragraph
if the agency reasonably determines that the dispute by the consumer is
frivolous or irrelevant, including by reason of a failure by a consumer to
provide sufficient information to investigate the disputed information.
(B) Notice of determination
Upon making any determination in accordance with subparagraph (A) that a
dispute is frivolous or irrelevant, a consumer reporting agency shall notify
the consumer of such determination not later than 5 business days after
making such determination, by mail or, if authorized by the consumer for
that purpose, by any other means available to the agency.
(C) Contents of notice
A notice under subparagraph (B) shall include—
(i) the reasons for the determination under subparagraph (A); and
(ii) identification of any information required to investigate the
disputed information, which may consist of a standardized form describing
the general nature of such information.
(4) Consideration of consumer information
In conducting any reinvestigation under paragraph (1) with respect to
disputed information in the file of any consumer, the consumer reporting
agency shall review and consider all relevant information submitted by the
consumer in the period described in paragraph (1)(A) with respect to such
disputed information.
(5) Treatment of inaccurate or unverifiable information
(A) In general
If, after any reinvestigation under paragraph (1) of any information
disputed by a consumer, an item of the information is found to be inaccurate
or incomplete or cannot be verified, the consumer reporting agency shall—
(i) promptly delete that item of information from the file of the
consumer, or modify that item of information, as appropriate, based on the
results of the reinvestigation; and
(ii) promptly notify the furnisher of that information that the
information has been modified or deleted from the file of the consumer.
(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)).
(D) Automated reinvestigation system
Any consumer reporting agency that compiles and maintains files on
consumers on a nationwide basis shall implement an automated system through
which furnishers of information to that consumer reporting agency may report
the results of a reinvestigation that finds incomplete or inaccurate
information in a consumer’s file to other such consumer reporting
agencies.
(6) Notice of results of reinvestigation
(A) In general
A consumer reporting agency shall provide written notice to a consumer of
the results of a reinvestigation under this subsection not later than 5
business days after the completion of the reinvestigation, by mail or, if
authorized by the consumer for that purpose, by other means available to the
agency.
(B) Contents
As part of, or in addition to, the notice under subparagraph (A), a
consumer reporting agency shall provide to a consumer in writing before the
expiration of the 5-day period referred to in subparagraph (A)—
(i) a statement that the reinvestigation is completed;
(ii) a consumer report that is based upon the consumer’s file as
that file is revised as a result of the reinvestigation;
(iii) 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;
(iv) a notice that the consumer has the right to add a statement to the
consumer’s file disputing the accuracy or completeness of the
information; and
(v) a notice that the consumer has the right to request under
subsection (d) of this section that the consumer reporting agency furnish
notifications under that subsection.
(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.
(8) Expedited dispute resolution
If a dispute regarding an item of information in a consumer’s file at a
consumer reporting agency is resolved in accordance with paragraph (5)(A) by
the deletion of the disputed information by not later than 3 business days
after the date on which the agency receives notice of the dispute from the
consumer in accordance with paragraph (1)(A), then the agency shall not be
required to comply with paragraphs (2), (6), and (7) with respect to that
dispute if the agency—
(A) provides prompt notice of the deletion to the consumer by telephone;
(B) includes in that notice, or in a written notice that accompanies a
confirmation and consumer report provided in accordance with subparagraph
(C), a statement of the consumer’s right to request under subsection (d)
of this section that the agency furnish notifications under that subsection;
and
(C) provides written confirmation of the deletion and a copy of a
consumer report on the consumer that is based on the consumer’s file after
the deletion, not later than 5 business days after making the deletion.
(b) Statement of dispute
If the reinvestigation does not resolve the dispute, the consumer may file a
brief statement setting forth the nature of the dispute. The consumer reporting
agency may limit such statements to not more than one hundred words if it
provides the consumer with assistance in writing a clear summary of the dispute.
(c) Notification of consumer dispute in subsequent consumer reports
Whenever a statement of a dispute is filed, unless there is reasonable
grounds to believe that it is frivolous or irrelevant, the consumer reporting
agency shall, in any subsequent consumer report containing the information in
question, clearly note that it is disputed by the consumer and provide either
the consumer’s statement or a clear and accurate codification or summary
thereof.
(d) Notification of deletion of disputed information
Following any deletion of information which is found to be inaccurate or
whose accuracy can no longer be verified or any notation as to disputed
information, the consumer reporting agency shall, at the request of the
consumer, furnish notification that the item has been deleted or the statement,
codification or summary pursuant to subsection (b) or (c) of this section to any
person specifically designated by the consumer who has within two years prior
thereto received a consumer report for employment purposes, or within six months
prior thereto received a consumer report for any other purpose, which contained
the deleted or disputed information.
(e) Treatment of complaints and report to Congress
(1) In general
The Commission shall—
(A) compile all complaints that it receives that a file of a consumer
that is maintained by a consumer reporting agency described in section 1681a
(p) of this title contains incomplete or inaccurate information, with
respect to which, the consumer appears to have disputed the completeness or
accuracy with the consumer reporting agency or otherwise utilized the
procedures provided by subsection (a) of this section; and
(B) transmit each such complaint to each consumer reporting agency
involved.
(2) Exclusion
Complaints received or obtained by the Commission pursuant to its
investigative authority under the Federal Trade Commission Act [15 U.S.C. 41
et seq.] shall not be subject to paragraph (1).
(3) Agency responsibilities
Each consumer reporting agency described in section 1681a (p) of this title
that receives a complaint transmitted by the Commission pursuant to paragraph
(1) shall—
(A) review each such complaint to determine whether all legal obligations
imposed on the consumer reporting agency under this subchapter (including
any obligation imposed by an applicable court or administrative order) have
been met with respect to the subject matter of the complaint;
(B) provide reports on a regular basis to the Commission regarding the
determinations of and actions taken by the consumer reporting agency, if
any, in connection with its review of such complaints; and
(C) maintain, for a reasonable time period, records regarding the
disposition of each such complaint that is sufficient to demonstrate
compliance with this subsection.
(4) Rulemaking authority
The Commission may prescribe regulations, as appropriate to implement this
subsection.
(5) Annual report
The Commission shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services of the House of
Representatives an annual report regarding information gathered by the
Commission under this subsection.
(f) Reinvestigation requirement applicable to resellers
(1) Exemption from general reinvestigation requirement
Except as provided in paragraph (2), a reseller shall be exempt from the
requirements of this section.
(2) Action required upon receiving notice of a dispute
If a reseller receives a notice from a consumer of a dispute concerning the
completeness or accuracy of any item of information contained in a consumer
report on such consumer produced by the reseller, the reseller shall, within 5
business days of receiving the notice, and free of charge—
(A) determine whether the item of information is incomplete or inaccurate
as a result of an act or omission of the reseller; and
(B) if—
(i) the reseller determines that the item of information is incomplete
or inaccurate as a result of an act or omission of the reseller, not later
than 20 days after receiving the notice, correct the information in the
consumer report or delete it; or
(ii) if the reseller determines that the item of information is not
incomplete or inaccurate as a result of an act or omission of the
reseller, convey the notice of the dispute, together with all relevant
information provided by the consumer, to each consumer reporting agency
that provided the reseller with the information that is the subject of the
dispute, using an address or a notification mechanism specified by the
consumer reporting agency for such notices.
(3) Responsibility of consumer reporting agency to notify consumer through
reseller
Upon the completion of a reinvestigation under this section of a dispute
concerning the completeness or accuracy of any information in the file of a
consumer by a consumer reporting agency that received notice of the dispute
from a reseller under paragraph (2)—
(A) the notice by the consumer reporting agency under paragraph (6), (7),
or (8) of subsection (a) of this section shall be provided to the reseller
in lieu of the consumer; and
(B) the reseller shall immediately reconvey such notice to the consumer,
including any notice of a deletion by telephone in the manner required under
paragraph (8)(A).
(4) Reseller reinvestigations
No provision of this subsection shall be construed as prohibiting a
reseller from conducting a reinvestigation of a consumer dispute directly.
[Rev. Jan. 3, 2007]
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