Use these procedures to dispute inaccurate credit reports
according to FCRA.
? 1681i: Procedure in case of disputed credit file
accuracy
- Reinvestigations of disputed
information
- Statement of dispute
- Notification of dispute in
subsequent consumer reports
- Notification of deletion of
disputed information
(a)
Reinvestigations of disputed information
(1) Reinvestigation required
(A) In general
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 of such dispute, the agency shall
reinvestigate free of charge 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.
(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 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.
(B) Provision of other information from consumer
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 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 promptly delete that
item of information from the consumer's file or
modify that item of information, as appropriate,
based on the results of the reinvestigation.
(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.
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