15 U.S.C. § 1681i — Procedure in case of disputed accuracy

Page 1589 TITLE 15—COMMERCE AND TRADE § 1681i 504(d) of Pub. L. 90–321, as added by Pub. L. 91–508, set out as a note under section 1681 of this title. § 1681i. Procedure in case of disputed accuracy (a) Reinvestigations of disputed information (1) Reinvestigation required (A) In general Subject to subsection (f) and except as pro- vided in subsection (g), if the completeness or accuracy of any item of information con- tained in a consumer’s file at a consumer re- porting agency is disputed by the consumer and the consumer notifies the agency di- rectly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed informa- tion 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 ad- ditional days if the consumer reporting agency receives information from the con- sumer during that 30-day period that is rel- evant to the reinvestigation. (C) Limitations on extension of period to re- investigate Subparagraph (B) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph (A), the in- formation that is the subject of the reinves- tigation is found to be inaccurate or incom- plete or the consumer reporting agency de- termines that the information cannot be verified. (2) Prompt notice of dispute to furnisher of in- formation (A) In general Before the expiration of the 5-business-day period beginning on the date on which a con- sumer 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 infor- mation in dispute, at the address and in the manner established with the person. The no- tice 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 infor- mation regarding the dispute that is re- ceived 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 con- sumer reporting agency may terminate a re- investigation of information disputed by a consumer under that paragraph if the agen- cy reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a con- sumer to provide sufficient information to investigate the disputed information. (B) Notice of determination Upon making any determination in ac- cordance with subparagraph (A) that a dis- pute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 busi- ness 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 in- clude— (i) the reasons for the determination under subparagraph (A); and (ii) identification of any information re- quired to investigate the disputed informa- tion, 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 infor- mation in the file of any consumer, the con- sumer reporting agency shall review and con- sider all relevant information submitted by the consumer in the period described in para- graph (1)(A) with respect to such disputed in- formation. (5) Treatment of inaccurate or unverifiable in- formation (A) In general If, after any reinvestigation under para- graph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can- not be verified, the consumer reporting agency shall— (i) promptly delete that item of informa- tion from the file of the consumer, or mod- ify that item of information, as appro- priate, based on the results of the reinves- tigation; 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 con- sumer’s file pursuant to subparagraph (A), the information may not be reinserted in the file by the consumer reporting agency Page 1590 TITLE 15—COMMERCE AND TRADE § 1681i unless the person who furnishes the infor- mation 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 sub- paragraph (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 re- insertion 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 infor- mation has been reinserted; (II) the business name and address of any furnisher of information contacted and the telephone number of such fur- nisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in con- nection with the reinsertion of such in- formation; and (III) a notice that the consumer has the right to add a statement to the con- sumer’s file disputing the accuracy or completeness of the disputed informa- tion. (C) Procedures to prevent reappearance A consumer reporting agency shall main- tain reasonable procedures designed to pre- vent 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 com- piles and maintains files on consumers on a nationwide basis shall implement an auto- mated system through which furnishers of information to that consumer reporting agency may report the results of a reinves- tigation 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 com- pletion of the reinvestigation, by mail or, if authorized by the consumer for that pur- pose, by other means available to the agen- cy. (B) Contents As part of, or in addition to, the notice under subparagraph (A), a consumer report- ing agency shall provide to a consumer in writing before the expiration of the 5-day pe- riod 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 com- pleteness of the information shall be pro- vided to the consumer by the agency, in- cluding the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if rea- sonably available; (iv) a notice that the consumer has the right to add a statement to the consumer’s file disputing the accuracy or complete- ness of the information; and (v) a notice that the consumer has the right to request under subsection (d) that the consumer reporting agency furnish no- tifications 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 para- graph (5)(A) by the deletion of the disputed in- formation by not later than 3 business days after the date on which the agency receives notice of the dispute from the consumer in ac- cordance with paragraph (1)(A), then the agen- cy shall not be required to comply with para- graphs (2), (6), and (7) with respect to that dis- pute 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 con- sumer’s file after the deletion, not later than 5 business days after making the dele- tion. (b) Statement of dispute If the reinvestigation does not resolve the dis- pute, the consumer may file a brief statement setting forth the nature of the dispute. The con- sumer reporting agency may limit such state- ments to not more than one hundred words if it provides the consumer with assistance in writ- ing a clear summary of the dispute. (c) Notification of consumer dispute in subse- quent consumer reports Whenever a statement of a dispute is filed, un- less there is reasonable grounds to believe that Page 1591 TITLE 15—COMMERCE AND TRADE § 1681i 1 So in original. Probably should be ‘‘Bureau’’. it is frivolous or irrelevant, the consumer re- porting agency shall, in any subsequent con- sumer 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 informa- tion Following any deletion of information which is found to be inaccurate or whose accuracy can no longer be verified or any notation as to dis- puted information, the consumer reporting agency shall, at the request of the consumer, furnish notification that the item has been de- leted 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 con- sumer report for employment purposes, or with- in 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 Con- gress (1) In general The Commission 1 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 incom- plete or inaccurate information, with re- spect to which, the consumer appears to have disputed the completeness or accuracy with the consumer reporting agency or oth- erwise utilized the procedures provided by subsection (a); and (B) transmit each such complaint to each consumer reporting agency involved. (2) Exclusion Complaints received or obtained by the Bu- reau pursuant to its investigative authority under the Consumer Financial Protection Act of 2010 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 Bureau pursu- ant to paragraph (1) shall— (A) review each such complaint to deter- mine whether all legal obligations imposed on the consumer reporting agency under this subchapter (including any obligation im- posed by an applicable court or administra- tive 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 dem- onstrate compliance with this subsection. (4) Rulemaking authority The Commission 1 may prescribe regulations, as appropriate to implement this subsection. (5) Annual report The Commission 1 shall submit to the Com- mittee on Banking, Housing, and Urban Af- fairs of the Senate and the Committee on Fi- nancial Services of the House of Representa- tives an annual report regarding information gathered by the Bureau under this subsection. (f) Reinvestigation requirement applicable to re- sellers (1) Exemption from general reinvestigation re- quirement Except as provided in paragraph (2), a re- seller 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 con- sumer of a dispute concerning the complete- ness or accuracy of any item of information contained in a consumer report on such con- sumer 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 infor- mation is incomplete or inaccurate as a re- sult 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 re- seller, not later than 20 days after receiv- ing 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 omis- sion of the reseller, convey the notice of the dispute, together with all relevant in- formation provided by the consumer, to each consumer reporting agency that pro- vided the reseller with the information that is the subject of the dispute, using an address or a notification mechanism speci- fied by the consumer reporting agency for such notices. (3) Responsibility of consumer reporting agen- cy 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 re- porting agency that received notice of the dis- pute from a reseller under paragraph (2)— (A) the notice by the consumer reporting agency under paragraph (6), (7), or (8) of sub- section (a) shall be provided to the reseller in lieu of the consumer; and (B) the reseller shall immediately re- convey such notice to the consumer, includ- ing 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 con- strued as prohibiting a reseller from con- Page 1592 TITLE 15—COMMERCE AND TRADE § 1681i ducting a reinvestigation of a consumer dis- pute directly. (g) Dispute process for veteran’s medical debt (1) In general With respect to a veteran’s medical debt, the veteran may submit a notice described in paragraph (2), proof of liability of the Depart- ment 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 con- sumer report of the veteran. (2) Notification to veteran The Department of Veterans Affairs shall submit to a veteran a notice that the Depart- ment of Veterans Affairs has assumed liability for part or all of a veteran’s medical debt. (3) Deletion of information from file If a consumer reporting agency receives no- tice, 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 vet- eran of that deletion. (Pub. L. 90–321, title VI, § 611, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1132; amended Pub. L. 104–208, div. A, title II, § 2409, Sept. 30, 1996, 110 Stat. 3009–439; Pub. L. 105–347, § 6(5), Nov. 2, 1998, 112 Stat. 3211; Pub. L. 108–159, title III, §§ 313(a), 314(a), 316, 317, Dec. 4, 2003, 117 Stat. 1994–1996, 1998; Pub. L. 111–203, title X, § 1088(a)(2)(C), (6), July 21, 2010, 124 Stat. 2087; Pub. L. 115–174, title III, § 302(b)(3), May 24, 2018, 132 Stat. 1333.) Editorial Notes REFERENCES IN TEXT The Consumer Financial Protection Act of 2010, re- ferred to in subsec. (e)(2), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955, which enacted subchapter V (§ 5481 et seq.) of chapter 53 of Title 12, Banks and Bank- ing, and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 12 and Tables. AMENDMENTS 2018—Subsec. (a)(1)(A). Pub. L. 115–174, § 302(b)(3)(A), inserted ‘‘and except as provided in subsection (g)’’ after ‘‘subsection (f)’’. Subsec. (g). Pub. L. 115–174, § 302(b)(3)(B), added sub- sec. (g). 2010—Subsec. (e)(2). Pub. L. 111–203, § 1088(a)(6), added par. (2) and struck out former par. (2) which read as fol- lows: ‘‘Complaints received or obtained by the Commis- sion pursuant to its investigative authority under the Federal Trade Commission Act shall not be subject to paragraph (1).’’ Subsec. (e)(3), (5). Pub. L. 111–203, § 1088(a)(2)(C), sub- stituted ‘‘the Bureau’’ for ‘‘the Commission’’ wherever appearing. 2003—Subsec. (a)(1)(A). Pub. L. 108–159, § 317, sub- stituted ‘‘shall, free of charge, conduct a reasonable re- investigation to determine whether the disputed infor- mation is inaccurate’’ for ‘‘shall reinvestigate free of charge’’. Pub. L. 108–159, § 316(a)(1), substituted ‘‘Subject to subsection (f), if the completeness’’ for ‘‘If the com- pleteness’’ and inserted ‘‘, or indirectly through a re- seller,’’ after ‘‘notifies the agency directly’’ and ‘‘or re- seller’’ before period at end. Subsec. (a)(2)(A). Pub. L. 108–159, § 316(a)(2), inserted ‘‘or a reseller’’ after ‘‘dispute from any consumer’’ and ‘‘or reseller’’ before period at end. Subsec. (a)(2)(B). Pub. L. 108–159, § 316(c), struck out ‘‘from consumer’’ after ‘‘information’’ in heading. Pub. L. 108–159, § 316(a)(3), inserted ‘‘or the reseller’’ after ‘‘from the consumer’’. Subsec. (a)(5)(A). Pub. L. 108–159, § 314(a), substituted ‘‘shall—’’ and cls. (i) and (ii) for ‘‘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.’’ Subsec. (e). Pub. L. 108–159, § 313(a), added subsec. (e). Subsec. (f). Pub. L. 108–159, § 316(b), added subsec. (f). 1998—Subsec. (a)(7). Pub. L. 105–347 substituted ‘‘(6)(B)(iii)’’ for ‘‘(6)(B)(iv)’’. 1996—Subsec. (a). Pub. L. 104–208, § 2409(a), inserted heading and amended text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘If the com- pleteness or accuracy of any item of information con- tained 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 agen- cy shall within a reasonable period of time reinves- tigate and record the current status of that informa- tion 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 con- sumer reporting agency shall promptly delete such in- formation. The presence of contradictory information in the consumer’s file does not in and of itself con- stitute reasonable grounds for believing the dispute is frivolous or irrelevant.’’ Subsec. (d). Pub. L. 104–208, § 2409(b), struck out at end ‘‘The consumer reporting agency shall clearly and con- spicuously 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 con- sumer’s statement regarding the disputed information is received.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–174 effective 1 year after May 24, 2018, see section 302(e) of Pub. L. 115–174, set out as a note under section 1681a of this title. EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–159 subject to joint regu- lations establishing effective dates as prescribed by Federal Reserve Board and Federal Trade Commission, except as otherwise provided, see section 3 of Pub. L. 108–159, set out as a note under section 1681 of this title. 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. Page 1593 TITLE 15—COMMERCE AND TRADE § 1681j 1 See References in Text note below. 2 So in original. Probably should be ‘‘Bureau’’. EFFECTIVE DATE Section effective upon the expiration of one hundred and eighty days following Oct. 26, 1970, see section 504(d) of Pub. L. 90–321, as added by Pub. L. 91–508, set out as a note under section 1681 of this title. PROMPT INVESTIGATION OF DISPUTED CONSUMER INFORMATION Pub. L. 108–159, title III, § 313(b), Dec. 4, 2003, 117 Stat. 1994, provided that: ‘‘(1) STUDY REQUIRED.—The Board and the Commis- sion shall jointly study the extent to which, and the manner in which, consumer reporting agencies and fur- nishers of consumer information to consumer reporting agencies are complying with the procedures, time lines, and requirements under the Fair Credit Reporting Act [this subchapter] for the prompt investigation of the disputed accuracy of any consumer information, the completeness of the information provided to consumer reporting agencies, and the prompt correction or dele- tion, in accordance with such Act, of any inaccurate or incomplete information or information that cannot be verified. ‘‘(2) REPORT REQUIRED.—Before the end of the 12- month period beginning on the date of enactment of this Act [Dec. 4, 2003], the Board and the Commission shall jointly submit a progress report to the Congress on the results of the study required under paragraph (1). ‘‘(3) CONSIDERATIONS.—In preparing the report re- quired under paragraph (2), the Board and the Commis- sion shall consider information relating to complaints compiled by the Commission under section 611(e) of the Fair Credit Reporting Act [15 U.S.C. 1681i(e)], as added by this section. ‘‘(4) RECOMMENDATIONS.—The report required under paragraph (2) shall include such recommendations as the Board and the Commission jointly determine to be appropriate for legislative or administrative action, to ensure that— ‘‘(A) consumer disputes with consumer reporting agencies over the accuracy or completeness of infor- mation in a consumer’s file are promptly and fully in- vestigated and any incorrect, incomplete, or unverifi- able information is corrected or deleted immediately thereafter; ‘‘(B) furnishers of information to consumer report- ing agencies maintain full and prompt compliance with the duties and responsibilities established under section 623 of the Fair Credit Reporting Act [15 U.S.C. 1681s–2]; and ‘‘(C) consumer reporting agencies establish and maintain appropriate internal controls and manage- ment review procedures for maintaining full and con- tinuous compliance with the procedures, time lines, and requirements under the Fair Credit Reporting Act [this subchapter] for the prompt investigation of the disputed accuracy of any consumer information and the prompt correction or deletion, in accordance with such Act, of any inaccurate or incomplete infor- mation or information that cannot be verified.’’ [For definitions of terms used in section 313(b) of Pub. L. 108–159, set out above, see section 2 of Pub. L. 108–159, set out as a Definitions note under section 1681 of this title.] § 1681j. Charges for certain disclosures (a) Free annual disclosure (1) Nationwide consumer reporting agencies (A) In general All consumer reporting agencies described in subsections (p) and (w) 1 of section 1681a of this title shall make all disclosures pursuant to section 1681g of this title once during any 12-month period upon request of the con- sumer and without charge to the consumer. (B) Centralized source Subparagraph (A) shall apply with respect to a consumer reporting agency described in section 1681a(p) of this title only if the re- quest from the consumer is made using the centralized source established for such pur- pose in accordance with section 211(c) 1 of the Fair and Accurate Credit Transactions Act of 2003. (C) Nationwide specialty consumer reporting agency (i) In general The Commission 2 shall prescribe regula- tions applicable to each consumer report- ing agency described in section 1681a(w) 1 of this title to require the establishment of a streamlined process for consumers to request consumer reports under subpara- graph (A), which shall include, at a min- imum, the establishment by each such agency of a toll-free telephone number for such requests. (ii) Considerations In prescribing regulations under clause (i), the Bureau shall consider— (I) the significant demands that may be placed on consumer reporting agen- cies in providing such consumer reports; (II) appropriate means to ensure that consumer reporting agencies can satis- factorily meet those demands, including the efficacy of a system of staggering the availability to consumers of such consumer reports; and (III) the ease by which consumers should be able to contact consumer re- porting agencies with respect to access to such consumer reports. (iii) Date of issuance The Commission 2 shall issue the regula- tions required by this subparagraph in final form not later than 6 months after December 4, 2003. (iv) Consideration of ability to comply The regulations of the Bureau under this subparagraph shall establish an effective date by which each nationwide specialty consumer reporting agency (as defined in section 1681a(w) 1 of this title) shall be re- quired to comply with subsection (a), which effective date— (I) shall be established after consider- ation of the ability of each nationwide specialty consumer reporting agency to comply with subsection (a); and (II) shall be not later than 6 months after the date on which such regulations are issued in final form (or such addi- tional period not to exceed 3 months, as the Bureau determines appropriate). (2) Timing A consumer reporting agency shall provide a consumer report under paragraph (1) not later