§ 1681i. — Procedure in case of disputed accuracy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1681i]
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER III--CREDIT REPORTING AGENCIES
Sec. 1681i. Procedure in case of disputed accuracy
(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.
(Pub. L. 90-321, title VI, Sec. 611, as added Pub. L. 91-508, title VI,
Sec. 601, Oct. 26, 1970, 84 Stat. 1132; amended Pub. L. 104-208, div. A,
title II, Sec. 2409, Sept. 30, 1996, 110 Stat. 3009-439; Pub. L. 105-
347, Sec. 6(5), Nov. 2, 1998, 112 Stat. 3211.)
Amendments
1998--Subsec. (a)(7). Pub. L. 105-347 substituted ``(6)(B)(iii)''
for ``(6)(B)(iv)''.
1996--Subsec. (a). Pub. L. 104-208, Sec. 2409(a), inserted heading
and amended text of subsec. (a) generally. Prior to amendment, text read
as follows: ``If the completeness or accuracy of any item of information
contained in his file is disputed by a consumer, and such dispute is
directly conveyed to the consumer reporting agency by the consumer, the
consumer reporting agency shall within a reasonable period of time
reinvestigate and record the current status of that information unless
it has reasonable grounds to believe that the dispute by the consumer is
frivolous or irrelevant. If after such reinvestigation such information
is found to be inaccurate or can no longer be verified, the consumer
reporting agency shall promptly delete such information. The presence of
contradictory information in the consumer's file does not in and of
itself constitute reasonable grounds for believing the dispute is
frivolous or irrelevant.''
Subsec. (d). Pub. L. 104-208, Sec. 2409(b), struck out at end ``The
consumer reporting agency shall clearly and conspicuously disclose to
the consumer his rights to make such a request. Such disclosure shall be
made at or prior to the time the information is deleted or the
consumer's statement regarding the disputed information is received.''
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-347 deemed to have same effective date as
amendments made by section 2403 of Pub. L. 104-208, see section 7 of
Pub. L. 105-347, set out as a note under section 1681a of this title.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-208 effective 365 days after Sept. 30,
1996, with special rule for early compliance, see section 2420 of Pub.
L. 104-208, set out as a note under section 1681a of this title.
Section Referred to in Other Sections
This section is referred to in sections 1681j, 1681m, 1681s-2, 1681t
of this title; title 20 section 1080a.
