
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
