§ 1681i.
(a)
Reinvestigations of disputed information
(1)
Reinvestigation required
(B)
Extension of period to reinvestigate
(C)
Limitations on extension of period to reinvestigate
(2)
Prompt notice of dispute to furnisher of information
(B)
Provision of other information
(3)
Determination that dispute is frivolous or irrelevant
(B)
Notice of determination
(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
(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
(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
(D)
Automated reinvestigation system
(6)
Notice of results of reinvestigation
(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
(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.
(f)
Reinvestigation requirement applicable to resellers
(1)
Exemption from general reinvestigation requirement
(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
([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].)