Product: Credit reporting, credit repair services, or other personal consumer reports

An ( inquiry ) needs to be removed due to the breach with CFPB in violaton 1681i 15 U.S. Code 1681i - Procedure in case of disputed accuracy U.S. Code Notes prev|next ( a ) Reinvestigations of disputed information ( 1 ) Reinvestigation required ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in aconsumersfileat aconsumer reporting agencyis disputed by theconsumerand theconsumernotifies the agency directly, or indirectly through areseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate andrecordthe current status of the disputed information, or delete the item from thefilein 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 theconsumerorreseller.

( 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 theconsumer reporting agencyreceives information from theconsumerduring 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 theconsumer reporting agencydetermines that the information can not 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 aconsumer reporting agencyreceives notice of a dispute from anyconsumeror aresellerin accordance with paragraph ( 1 ), the agency shall provide notification of the dispute to anypersonwho provided any item of information in dispute, at the address and in the manner established with theperson.The notice shall include all relevant information regarding the dispute that the agency has received from theconsumerorreseller.

( B ) Provision of other information Theconsumer reporting agencyshall promptly provide to thepersonwho provided the information in dispute all relevant information regarding the dispute that is received by the agency from theconsumeror theresellerafter 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 ), aconsumer reporting agencymay terminate a reinvestigation of information disputed by aconsumerunder that paragraph if the agency reasonably determines that the dispute by theconsumeris frivolous or irrelevant, including by reason of a failure by aconsumerto 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, aconsumer reporting agencyshall notify theconsumerof such determination not later than 5 business days after making such determination, by mail or, if authorized by theconsumerfor 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 thefileof anyconsumer, theconsumer reporting agencyshall review and consider all relevant information submitted by theconsumerin 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 aconsumer, an item of the information is found to be inaccurate or incomplete or can not be verified, theconsumer reporting agencyshall ( i ) promptly delete that item of information from thefileof theconsumer, 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 thefileof theconsumer. ( B ) Requirements relating to reinsertion of previously deleted material ( i ) Certification of accuracy of information If any information is deleted from aconsumersfilepursuant to subparagraph ( A ), the information may not be reinserted in thefileby theconsumer reporting agencyunless thepersonwho furnishes the information certifies that the information is complete and accurate.

( ii ) Notice to consumer If any information that has been deleted from aconsumersfilepursuant to subparagraph ( A ) is reinserted in thefile, theconsumer reporting agencyshall notify theconsumerof the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by theconsumerfor 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 ), aconsumer reporting agencyshall provide to aconsumerin 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 theconsumer reporting agency, in connection with the reinsertion of such information ; and ( III ) a notice that theconsumerhas the right to add a statement to theconsumersfiledisputing the accuracy or completeness of the disputed information.

( C ) Procedures to prevent reappearance Aconsumer reporting agencyshall maintain reasonable procedures designed to prevent the reappearance in aconsumersfile, and inconsumer reportson theconsumer, 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 Anyconsumer reporting agency that compiles and maintains files on consumers on a nationwide basisshall implement an automated system through which furnishers of information to thatconsumer reporting agencymay report the results of a reinvestigation that finds incomplete or inaccurate information in aconsumersfileto other suchconsumerreporting agencies.

( 6 ) Notice of results of reinvestigation ( A ) In general Aconsumer reporting agencyshall provide written notice to aconsumerof 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 theconsumerfor that purpose, by other means available to the agency.

( B ) Contents As part of, or in addition to, the notice under subparagraph ( A ), aconsumer reporting agencyshall provide to aconsumerin writing before the expiration of the 5-day period referred to in subparagraph ( A ) ( i ) a statement that the reinvestigation is completed ; ( ii ) aconsumer reportthat is based upon theconsumersfileas thatfileis revised as a result of the reinvestigation ; ( iii ) a notice that, if requested by theconsumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to theconsumerby 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 theconsumerhas the right to add a statement to theconsumersfiledisputing the accuracy or completeness of the information ; and ( v ) a notice that theconsumerhas the right to request under subsection ( d ) that theconsumer reporting agencyfurnish notifications under that subsection.

( 7 ) Description of reinvestigation procedure Aconsumer reporting agencyshall provide to aconsumera description referred to in paragraph ( 6 ) ( B ) ( iii ) by not later than 15 days after receiving a request from theconsumerfor that description.

( 8 ) Expedited dispute resolution If a dispute regarding an item of information in aconsumersfileat aconsumer reporting agencyis 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 theconsumerin 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 theconsumerby telephone ; ( B ) includes in that notice, or in a written notice that accompanies a confirmation andconsumer reportprovided in accordance with subparagraph ( C ), a statement of theconsumers 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 aconsumer reporton theconsumerthat is based on theconsumersfileafter the deletion, not later than 5 business days after making the deletion.

( b ) Statement of dispute If the reinvestigation does not resolve the dispute, theconsumermayfilea brief statement setting forth the nature of the dispute. Theconsumer reporting agencymay limit such statements to not more than one hundred words if it provides theconsumerwith 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, theconsumer reporting agencyshall, in any subsequentconsumer reportcontaining the information in question, clearly note that it is disputed by theconsumerand provide either theconsumers 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, theconsumer reporting agencyshall, at the request of theconsumer, furnish notification that the item has been deleted or the statement, codification or summary pursuant to subsection ( b ) or ( c ) to anypersonspecifically designated by theconsumerwho has within two years prior thereto received aconsumer reportforemployment purposes, or within six months prior thereto received aconsumer reportfor any other purpose, which contained the deleted or disputed information.

( e ) Treatment of complaints and report toCongress ( 1 ) In general TheCommission [ 1 ] shall ( A ) compile all complaints that it receives that afileof aconsumerthat is maintained by aconsumer reporting agencydescribed insection 1681a ( p ) of this titlecontains incomplete or inaccurate information, with respect to which, theconsumerappears to have disputed the completeness or accuracy with theconsumer reporting agencyor otherwise utilized the procedures provided by subsection ( a ) ; and ( B ) transmit each such complaint to eachconsumer reporting agencyinvolved.

( 2 ) Exclusion Complaints received or obtained by theBureaupursuant to its investigative authority under theConsumer Financial Protection Act of 2010shall not be subject to paragraph ( 1 ).

( 3 ) Agency responsibilities Eachconsumer reporting agencydescribed insection 1681a ( p ) of this titlethat receives a complaint transmitted by theBureaupursuant to paragraph ( 1 ) shall ( A ) review each such complaint to determine whether all legal obligations imposed on theconsumer reporting agencyunder this subchapter ( 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 theBureauregarding the determinations of and actions taken by theconsumer reporting agency, if any, in connection with its review of such complaints ; and ( C ) maintain, for a reasonable time period, recordsregarding the disposition of each such complaint that is sufficient to demonstrate compliance with this subsection.

( 4 ) Rulemaking authority TheCommission1may prescribe regulations, as appropriate to implement this subsection.

( 5 ) Annual reportTheCommission1shall submit to the Committee on Banking , Housing, and Urban Affairs of theSenateand the Committee on Financial Services of theHouse of Representativesan annual report regarding information gathered by theBureauunder this subsection. ( f ) Reinvestigation requirement applicable to resellers ( 1 ) Exemption from general reinvestigation requirement Except as provided in paragraph ( 2 ), aresellershall be exempt from the requirements of this section.

( 2 ) Action required upon receiving notice of a dispute If aresellerreceives a notice from aconsumerof a dispute concerning the completeness or accuracy of any item of information contained in aconsumer reporton suchconsumerproduced by thereseller, theresellershall, 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 thereseller ; and ( B ) if ( i ) theresellerdetermines that the item of information is incomplete or inaccurate as a result of an act or omission of thereseller, not later than 20 days after receiving the notice, correct the information in theconsumer reportor delete it; or ( ii ) if theresellerdetermines that the item of information is not incomplete or inaccurate as a result of an act or omission of thereseller, convey the notice of the dispute, together with all relevant information provided by theconsumer, to eachconsumer reporting agencythat provided theresellerwith the information that is the subject of the dispute, using an address or a notification mechanism specified by theconsumer reporting agencyfor 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 thefileof aconsumerby aconsumer reporting agencythat received notice of the dispute from aresellerunder paragraph ( 2 ) ( A ) the notice by theconsumer reporting agencyunder paragraph ( 6 ), ( 7 ), or ( 8 ) of subsection ( a ) shall be provided to theresellerin lieu of theconsumer ; and ( B ) theresellershall immediately reconvey such notice to theconsumer, 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 aresellerfrom conducting a reinvestigation of aconsumerdispute directly.

( g ) Dispute process for veterans medical debt ( 1 ) In generalWith respect to aveterans medical debt, theveteranmay submit a notice described in paragraph ( 2 ), proof of liability of theDepartment of Veterans Affairsfor payment of that debt, or documentation that theDepartment of Veterans Affairsis in the process of making payment for authorized hospital care, medical services, or extended care services rendered to aconsumer reporting agencyor aresellerto dispute the inclusion of that debt on aconsumer reportof theveteran. ( 2 ) Notification to veteranTheDepartment of Veterans Affairsshall submit to aveterana notice that theDepartment of Veterans Affairshas assumed liability for part or all of aveterans medical debt.

( 3 ) Deletion of information from file If aconsumer reporting agencyreceives notice, proof of liability, or documentation under paragraph ( 1 ), theconsumer reporting agencyshall delete all information relating to theveterans medical debt from thefileof theveteranand notify the furnisher and theveteranof that deletion.