Section 611 of the Fair Credit Reporting Act (FCRA).
The Fair Credit Reporting Act - Section 611
611. Procedure in case of disputed accuracy [15 U.S.C. 1681i]
(a) Reinvestigations of disputed information.
(1) Reinvestigation required.
(A) In general. 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 of such dispute, the
agency shall reinvestigate free of charge 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.
(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 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.
(B) Provision of other information from consumer. 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 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 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.
(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 consumer 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.
