Fair Credit Reporting Act (FCRA)
§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]
(a) Reinvestigations of Disputed Information
(1) Reinvestigation Required
(A) In general. Subject to subsection (f), 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) 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 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) Provision of other information. 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).
(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–
(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) 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) 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) 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 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.
(e) Treatment of Complaints and Report to Congress
(1) In general. The Commission 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) Exclusion. Complaints received or obtained by the Commission pursuant to its
investigative authority under the Federal Trade Commission Act shall not be
subject to paragraph (1).
(3) Agency responsibilities. Each consumer reporting agency described in section
603(p) that receives a complaint transmitted by the Commission 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 Commission 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) Rulemaking authority. The Commission may prescribe regulations, as appropriate
to implement this subsection.
(5) Annual report. The Commission 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 Commission under this subsection.'.
(f) Reinvestigation Requirement Applicable to Resellers
(1) Exemption from general reinvestigation requirement. Except as provided in paragraph
(2), a reseller 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 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) Responsibility of consumer reporting agency 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 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) Reseller reinvestigations. No provision of this subsection shall be construed as prohibiting
a reseller from conducting a reinvestigation of a consumer dispute directly.
