(a) Reinvestigations of disputed information.
(1) (A) Subject
to subsection (f), and except as provided in subsection (g), 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)
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) 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) (A) 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)
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).
6-1563.1
(3) (A) 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) 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) 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) 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.
6-1563.2
(5) (A) 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) (i) 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) 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) 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) 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) 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.
6-1563.3
(6) (A) 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) 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) that the consumer reporting agency
furnish notifications under that subsection.
6-1563.4
(7) 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) 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) 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.
6-1564
(b) 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) 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) 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) to any person specifically designated by the consumer who
has within two years prior thereto received a consumer report for
employment purposes, or with six months prior thereto received a consumer
report for any other purpose, which contained the deleted or disputed
information.
6-1564.1
(e) Treatment of complaints
and report to Congress.
(1) The Bureau 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 603(p)
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); and
(B) transmit each such complaint to
each consumer reporting agency involved.
(2) Complaints received or obtained by
the Bureau pursuant to its investigative authority under the Consumer
Financial Protection Act of 2010 shall not be subject to paragraph
(1).
(3) Each consumer
reporting agency described in section 603(p) that receives a complaint
transmitted by the Bureau pursuant to paragraph (1) shall—
(A) review
each such complaint to determine whether all legal obligations imposed
on the consumer reporting agency under this title (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 Bureau 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) The Bureau may prescribe
regulations, as appropriate to implement this subsection.
(5) The Bureau 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 Bureau under
this subsection.
6-1564.2
(f) Reinvestigation requirement applicable to resellers.
(1) Except as provided in paragraph
(2), a reseller shall be exempt from the requirements of this section.
(2) 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) 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)
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) No provision of this subsection shall be construed as prohibiting
a reseller from conducting a reinvestigation of a consumer dispute
directly.
(g) Dispute process for veteran’s medical debt.
(1) With respect to a veteran’s medical
debt, the veteran may submit a notice described in paragraph (2),
proof of liability of the Department of Veterans Affairs for payment
of that debt, or documentation that the Department of Veterans Affairs
is in the process of making payment for authorized hospital care,
medical services, or extended care services rendered to a consumer
reporting agency or a reseller to dispute the inclusion of that debt
on a consumer report of the veteran.
(2) The Department of Veterans Affairs shall
submit to a veteran a notice that the Department of Veterans Affairs
has assumed liability for part or all of a veteran’s medical debt.
(3) If
a consumer reporting agency receives notice, proof of liability, or
documentation under paragraph (1), the consumer reporting agency shall
delete all information relating to the veteran’s medical debt from
the file of the veteran and notify the furnisher and the veteran of
that deletion.
[15 USC 1681i. As amended
by acts of Sept. 30, 1996 (110 Stat. 3009-439, 442); Nov. 2, 1998
(112 Stat. 3211); Dec. 4, 2003 (117 Stat. 1968, 1994, 1995, 1997,
1998); July 21, 2010 (124 Stat. 2087); and May 24, 2018 (132 Stat.
1333).]
