15 USC 1681 - Procedure in case of disputed accuracy

1 So in original. Probably should be “Bureau”.

shall—

Editorial Notes

References in Text

The Consumer Financial Protection Act of 2010, referred to in subsec. (e)(2), is title X of Puspan. L. 111–203, July 21, 2010, 124 Stat. 1955, which enacted subchapter V (§ 5481 et seq.) of chapter 53 of Title 12, Banks and Banking, 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). Puspan. L. 115–174, § 302(span)(3)(A), inserted “and except as provided in subsection (g)” after “subsection (f)”.

Subsec. (g). Puspan. L. 115–174, § 302(span)(3)(B), added subsec. (g).

2010—Subsec. (e)(2). Puspan. L. 111–203, § 1088(a)(6), added par. (2) and struck out former par. (2) which read as follows: “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).”

Subsec. (e)(3), (5). Puspan. L. 111–203, § 1088(a)(2)(C), substituted “the Bureau” for “the Commission” wherever appearing.

2003—Subsec. (a)(1)(A). Puspan. L. 108–159, § 317, substituted “shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate” for “shall reinvestigate free of charge”.

Puspan. L. 108–159, § 316(a)(1), substituted “Subject to subsection (f), if the completeness” for “If the completeness” and inserted “, or indirectly through a reseller,” after “notifies the agency directly” and “or reseller” before period at end.

Subsec. (a)(2)(A). Puspan. 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). Puspan. L. 108–159, § 316(c), struck out “from consumer” after “information” in span.

Puspan. L. 108–159, § 316(a)(3), inserted “or the reseller” after “from the consumer”.

Subsec. (a)(5)(A). Puspan. 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). Puspan. L. 108–159, § 313(a), added subsec. (e).

Subsec. (f). Puspan. L. 108–159, § 316(span), added subsec. (f).

1998—Subsec. (a)(7). Puspan. L. 105–347 substituted “(6)(B)(iii)” for “(6)(B)(iv)”.

1996—Subsec. (a). Puspan. L. 104–208, § 2409(a), inserted span and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “If the completeness or accuracy of any item of information contained 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 agency shall within a reasonable period of time reinvestigate and record the current status of that information 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 consumer reporting agency shall promptly delete such information. The presence of contradictory information in the consumer’s file does not in and of itself constitute reasonable grounds for believing the dispute is frivolous or irrelevant.”

Subsec. (d). Puspan. L. 104–208, § 2409(span), struck out at end “The consumer reporting agency shall clearly and conspicuously 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 consumer’s statement regarding the disputed information is received.”

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Puspan. L. 115–174 effective 1 year after May 24, 2018, see section 302(e) of Puspan. L. 115–174, set out as a note under section 1681a of this title.

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–203 effective on the designated transfer date, see section 1100H of Puspan. 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 Puspan. L. 108–159 subject to joint regulations establishing effective dates as prescribed by Federal Reserve Board and Federal Trade Commission, except as otherwise provided, see section 3 of Puspan. L. 108–159, set out as a note under section 1681 of this title.

Effective Date of 1998 Amendment

Amendment by Puspan. L. 105–347 deemed to have same effective date as amendments made by section 2403 of Puspan. L. 104–208, see section 7 of Puspan. L. 105–347, set out as a note under section 1681a of this title.

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–208 effective 365 days after Sept. 30, 1996, with special rule for early compliance, see section 2420 of Puspan. L. 104–208, set out as a note under section 1681a of this title.

Effective Date

Section effective upon the expiration of one hundred and eighty days following Oct. 26, 1970, see section 504(d) of Puspan. L. 90–321, as added by Puspan. L. 91–508, set out as a note under section 1681 of this title.

Prompt Investigation of Disputed Consumer Information

Puspan. L. 108–159, title III, § 313(span), Dec. 4, 2003, 117 Stat. 1994, provided that:

“(1)Study required.—The Board and the Commission shall jointly study the extent to which, and the manner in which, consumer reporting agencies and furnishers 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 deletion, 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 required under paragraph (2), the Board and the Commission 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 information in a consumer’s file are promptly and fully investigated and any incorrect, incomplete, or unverifiable information is corrected or deleted immediately thereafter;

“(B) furnishers of information to consumer reporting 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 management review procedures for maintaining full and continuous 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 information or information that cannot be verified.”

[For definitions of terms used in section 313(span) of Puspan. L. 108–159, set out above, see section 2 of Puspan. L. 108–159, set out as a Definitions note under section 1681 of this title.]