15 USC 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

U.S Code last checked for updates: Nov 22, 2024

§ 1681s–2.

Responsibilities of furnishers of information to consumer reporting agencies

(a)

Duty of furnishers of information to provide accurate information

(1)

Prohibition

(A)

Reporting information with actual knowledge of errors

(B)

Reporting information after notice and confirmation of errors

A person shall not furnish information relating to a consumer to any consumer reporting agency if—

(i)

the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and

(ii)

the information is, in fact, inaccurate.

(C)

No address requirement

(D)

Definition

(E)

Rehabilitation of private education loans

(i)

In general

Notwithstanding any other provision of this section, a consumer may request a financial institution to remove from a consumer report a reported default regarding a private education loan, and such information shall not be considered inaccurate, if—

(I)

the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of the consumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institution offering the loan rehabilitation program, a renewed ability and willingness to repay the loan; and

(II)

the requirements of the loan rehabilitation program described in subclause (I) are successfully met.

(ii)

Banking agencies

(I)

In general

(II)

Feedback

(iii)

Limitation

(I)

In general

(II)

Rule of construction

(iv)

Definitions

For purposes of this subparagraph—

(I)

the term “appropriate Federal banking agency” has the meaning given the term in section 1813 of title 12; and

(II)

the term “private education loan” has the meaning given the term in

(F)

Reporting information during COVID–19 pandemic

(i)

Definitions

In this subsection:

(I)

Accommodation

(II)

Covered period

The term “covered period” means the period beginning on January 31, 2020 and ending on the later of—

(aa)

120 days after March 27, 2020; or

(bb)

120 days after the date on which the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates.

(ii)

Reporting

Except as provided in clause (iii), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall—

(I)

report the credit obligation or account as current; or

(II)

if the credit obligation or account was delinquent before the accommodation—

(aa)

maintain the delinquent status during the period in which the accommodation is in effect; and

(bb)

if the consumer brings the credit obligation or account current during the period described in item (aa), report the credit obligation or account as current.

(iii)

Exception

(2)

Duty to correct and update information

A person who—

(A)

regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person’s transactions or experiences with any consumer; and

(B)

has furnished to a consumer reporting agency information that the person determines is not complete or accurate,

shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.

(3)

Duty to provide notice of dispute

(4)

Duty to provide notice of closed accounts

(5)

Duty to provide notice of delinquency of accounts

(A)

In general

(B)

Rule of construction

For purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if—

(i)

the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency;

(ii)

the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency; or

(iii)

the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency cannot be reasonably obtained as provided in clause (ii), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency.

(6)

Duties of furnishers upon notice of identity theft-related information

(A)

Reasonable procedures

(B)

Information alleged to result from identity theft

(7)

Negative information

(A)

Notice to consumer required

(i)

In general

(ii)

Notice effective for subsequent submissions

(B)

Time of notice

(i)

In general

(ii)

Coordination with new account disclosures

(C)

Coordination with other disclosures

The notice required under subparagraph (A)—

(i)

may be included on or with any notice of default, any billing statement, or any other materials provided to the customer; and

(ii)

must be clear and conspicuous.

(D)

Model disclosure

(i)

Duty of Bureau

(ii)

Use of model not required

(iii)

Compliance using model

(E)

Use of notice without submitting negative information

(F)

Safe harbor

(G)

Definitions

For purposes of this paragraph, the following definitions shall apply:

(i)

Negative information

(ii)

Customer; financial institution

(8)

Ability of consumer to dispute information directly with furnisher

(A)

In general

(B)

Considerations

In prescribing regulations under subparagraph (A), the agencies shall weigh—

(i)

the benefits to consumers with the costs on furnishers and the credit reporting system;

(ii)

the impact on the overall accuracy and integrity of consumer reports of any such requirements;

(iii)

whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute; and

(iv)

the potential impact on the credit reporting process if credit repair organizations, as defined in section 1679a(3) of this title, including entities that would be a credit repair organization, but for section 1679a(3)(B)(i) of this title, are able to circumvent the prohibition in subparagraph (G).

(C)

Applicability

(D)

Submitting a notice of dispute

A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that—

(i)

identifies the specific information that is being disputed;

(ii)

explains the basis for the dispute; and

(iii)

includes all supporting documentation required by the furnisher to substantiate the basis of the dispute.

(E)

Duty of person after receiving notice of dispute

After receiving a notice of dispute from a consumer pursuant to subparagraph (D), the person that provided the information in dispute to a consumer reporting agency shall—

(i)

conduct an investigation with respect to the disputed information;

(ii)

review all relevant information provided by the consumer with the notice;

(iii)

complete such person’s investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 1681i(a)(1) of this title within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and

(iv)

if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.

(F)

Frivolous or irrelevant dispute

(i)

In general

This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including—

(I)

by reason of the failure of a consumer to provide sufficient information to investigate the disputed information; or

(II)

the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection (b), with respect to which the person has already performed the person’s duties under this paragraph or subsection (b), as applicable.

(ii)

Notice of determination

(iii)

Contents of notice

A notice under clause (ii) shall include—

(I)

the reasons for the determination under clause (i); 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.

(G)

Exclusion of credit repair organizations

(9)

Duty to provide notice of status as medical information furnisher

(b)

Duties of furnishers of information upon notice of dispute

(1)

In general

After receiving notice pursuant to section 1681i(a)(2) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall—

(A)

conduct an investigation with respect to the disputed information;

(B)

review all relevant information provided by the consumer reporting agency pursuant to section 1681i(a)(2) of this title;

(C)

report the results of the investigation to the consumer reporting agency;

(D)

if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis; and

(E)

if an item of information disputed by a consumer is found to be inaccurate or incomplete or cannot be verified after any reinvestigation under paragraph (1), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly—

(i)

modify that item of information;

(ii)

delete that item of information; or

(iii)

permanently block the reporting of that item of information.

(2)

Deadline

(c)

Limitation on liability

Except as provided in section 1681s(c)(1)(B) of this title, sections 1681n and 1681o of this title do not apply to any violation of—

(1)

subsection (a) of this section, including any regulations issued thereunder;

(2)

subsection (e) of this section, except that nothing in this paragraph shall limit, expand, or otherwise affect liability under section 1681n or 1681o of this title, as applicable, for violations of subsection (b) of this section; or

(3)

subsection (e) of section 1681m of this title.

(d)

Limitation on enforcement

(e)

Accuracy guidelines and regulations required

(1)

Guidelines

The Bureau shall, with respect to persons or entities that are subject to the enforcement authority of the Bureau under section 1681s of this title—

(A)

establish and maintain guidelines for use by each person that furnishes information to a consumer reporting agency regarding the accuracy and integrity of the information relating to consumers that such entities furnish to consumer reporting agencies, and update such guidelines as often as necessary; and

(B)

prescribe regulations requiring each person that furnishes information to a consumer reporting agency to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph (A).

(2)

Criteria

In developing the guidelines required by paragraph (1)(A), the Bureau shall—

(A)

identify patterns, practices, and specific forms of activity that can compromise the accuracy and integrity of information furnished to consumer reporting agencies;

(B)

review the methods (including technological means) used to furnish information relating to consumers to consumer reporting agencies;

(C)

determine whether persons that furnish information to consumer reporting agencies maintain and enforce policies to ensure the accuracy and integrity of information furnished to consumer reporting agencies; and

(D)

examine the policies and processes that persons that furnish information to consumer reporting agencies employ to conduct reinvestigations and correct inaccurate information relating to consumers that has been furnished to consumer reporting agencies.

(Pub. L. 90–321, title VI, § 623, as added Pub. L. 104–208, div. A, title II, § 2413(a)(2), Sept. 30, 1996, 110 Stat. 3009–447; amended Pub. L. 108–159, title I, § 154(a), title II, § 217(a), title III, §§ 312(a)–(e)(1), 314(b), title IV, § 412(a), Dec. 4, 2003, 117 Stat. 1966, 1986, 1989–1993, 1995, 2002; Pub. L. 111–203, title X, § 1088(a)(2)(D), (11), July 21, 2010, 124 Stat. 2087, 2090; Pub. L. 115–174, title VI, § 602(a), May 24, 2018, 132 Stat. 1366; Pub. L. 116–136, div. A, title IV, § 4021, Mar. 27, 2020, 134 Stat. 489.)

cite as: 15 USC 1681s-2