Sec. 105. Right to appeal disputes relating to reinvestigations and investigations
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/bill/116/hr/3621/eh/section-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 611 of the Fair Credit Reporting Act ( 15 U.S.C. 1681i ) is amended— in subsection (b), by inserting or if the consumer is unsatisfied with the results of an appeal conducted under subsection (i), after resolve the dispute, ; and by inserting after subsection
(h)(as added by section 102) the following new subsection: Within 120 days after the date of receipt of the results of a reinvestigation conducted under subsection (a), a consumer (or authorized third party) may, free of charge, appeal the results of such reinvestigation by submitting a notice of appeal to the consumer reporting agency. A notice of appeal described in paragraph
(1)may be submitted in writing, or through a toll-free telephone number or other electronic means established by the consumer reporting agency (including on the Internet website described in subsection (h)), and— shall identify the information contained in the consumer’s file that is the subject of the appeal; shall describe the specific reasons for submitting the notice of appeal; and may provide any information the consumer believes is relevant to substantiate the validity of the dispute. Upon receipt of such notice of appeal, the consumer reporting agency shall promptly provide to the consumer a statement confirming the receipt of the consumer’s notice of appeal that shall include— an approximate date on which the consumer’s appeal review will be completed; the process and procedures by which such review will be conducted; and an employee reference number or other employee identifier for each of the specific individuals designated by the consumer reporting agency who, upon the request of the consumer, may discuss the substance and status of the appeal. Not later than 20 days after receiving a notice of appeal, the consumer reporting agency shall review the appeal. If the consumer reporting agency determines the information is inaccurate, incomplete, or cannot be verified, the consumer reporting agency shall delete or modify the item of information being disputed by the consumer from the file of the consumer before the end of the 20-day period beginning on the date on which the consumer reporting agency receives a notice of an appeal from the consumer. Before the end of the period of 3 business days beginning on the date on which a consumer reporting agency receives a notice of appeal, the consumer reporting agency shall provide notice of the appeal, including all information relating to the specific appeal that the consumer reporting agency has received from the consumer, to any person who provided any information in dispute. If the consumer reporting agency receives additional information from the consumer after the agency provides the notice required under clause
(i)and before the end of the 20-day period described in subparagraph (A), the consumer reporting agency shall, not later than 3 business days after receiving such information, provide such information to any person who provided the information in dispute and shall have an additional 10 business days to complete the appeal review. Upon receipt of a notice of appeal under paragraph (1), a consumer reporting agency shall designate one or more specific employees who— shall be assigned an employee reference number or other employee identifier that can be used by the consumer to discuss the appeal with the specific individuals handling the appeal; shall have direct authority to resolve the dispute that is the subject of the notice of appeal from the review stage to its completion; shall meet minimum training and ongoing certification requirements at regular intervals, as established by the Bureau; shall be located within the United States; may not have been involved in the reinvestigation conducted or terminated pursuant to subsection (a); and may not be subject to any requirements linking incentives, including promotion, to the number of appeals processed within a certain time period. Such employees shall conduct a robust review of the appeal and make a determination regarding the accuracy and completeness of the disputed information by— conducting an independent analysis, separate from any investigation by a reseller or person who provided the disputed information, and separate from any prior reinvestigation conducted by the consumer reporting agency of the disputed information; verifying that the personally identifiable information of the consumer submitting the dispute matches the personally identifiable information contained on the consumer’s file; analyzing the notice of appeal and all information, including any substantiating documents, provided by the consumer with the notice of appeal; evaluating the validity of any information submitted by any person that was used by the consumer reporting agency in the reinvestigation of the initial dispute; verifying that the consumer reporting agency has a record of the information being disputed; and applying any additional factors or investigative processes, as specified by the Bureau. Not later than 5 days after the end of the 20-day period described under subparagraph
(A)(or the 10-day extension period, as applicable) the consumer reporting agency shall provide the consumer with written notice of the results of the appeal by postal mail or, if requested by the consumer, by other means. The contents of such notice shall include— a statement that the appeal is completed and the date on which it was completed, the results of the appeal, and the specific reasons supporting the results of the appeal; a copy of all information relating to the consumer that was used as a basis for deciding the results of the appeal; a consumer report that is based upon the consumer’s file as that file may have been revised as a result of the appeal; a description of the procedure used to determine the accuracy and completeness of the information, including the business name, telephone number, mailing address, and Internet website address (if applicable) of any person who provided information that was contacted in connection with such information, if reasonably available; information describing that the consumer may submit a statement, without charge, disputing the accuracy or completeness of information in the consumer’s file that was the subject of an appeal under this subsection by submitting a statement directly to each consumer reporting agency that received the information; a description of the consumer’s rights pursuant to subsection
(d)(relating to furnishing notifications to certain users of consumer reports); and any other information, as determined by the Bureau. A consumer reporting agency may not refuse to conduct a review of an appeal under this subsection because the agency determines that the notice of appeal was submitted by an authorized third party, unless the agency has clear and convincing evidence that the third party is not authorized to submit the notice of appeal on the consumer’s behalf. If the consumer reporting agency refuses to conduct a review of the appeal for these reasons, it shall provide a clear and conspicuous written notice to the consumer explaining the reasons for the refusal and describing any information the consumer is required to provide for the agency to conduct a review of the appeal. . Section 623(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681s–2(a) ) is amended by adding at the end the following new paragraph: Within 120 days of the date of receipt of the results of an investigation conducted under paragraph (8)(E), a consumer may, free of charge, appeal such results by submitting a notice of appeal to the person who provided the information in the dispute to a consumer reporting agency (hereafter in this paragraph referred to as the furnisher ). A notice of appeal described in subparagraph
(A)may be submitted in writing, through a toll-free telephone number, or by other electronic means established by the furnisher, and— shall identify the information contained in the consumer’s file that is the subject of the appeal; shall describe the specific reasons for submitting the notice of appeal; and may include any information, including substantiating documents, the consumer believes is relevant to the appeal. Upon receipt of such notice of appeal, the furnisher shall— before the end of the period of 3 business days beginning on the date on which the furnisher receives the notice of appeal, notify each consumer reporting agency to which the person furnished such information a statement identifying the items of information that a consumer is appealing; and notify the consumer confirming the receipt of the consumer’s notice of appeal, including an approximate date when the consumer’s appeal will be completed, the process and procedures by which a review of the appeal will be conducted, and the specific individual designated by the consumer reporting agency who, upon the request of the consumer, may discuss the substance and status of the appeal. Not later than 20 days after receiving a notice of appeal, the furnisher shall determine whether the item of information being disputed by the consumer is inaccurate, incomplete, or cannot be verified, and shall notify the consumer reporting agency of the determination. If the furnisher cannot verify the accuracy or completeness of the disputed information, the furnisher shall, before the end of the 20-day period beginning on the date on which the furnisher receives notice of an appeal from the consumer, submit instructions to the consumer reporting agency that the item of information being disputed by the consumer should be deleted from the file of the consumer. Upon receipt of a notice of appeal under subparagraph (A), a furnisher shall designate one or more specific employees who— shall be assigned an employee reference number or other employee identifier that can be used by the consumer to discuss the appeal with the specific individuals handling the appeal; shall have direct authority to resolve the dispute that is the subject of the notice of appeal on behalf of the furnisher from the review stage to its completion; shall meet minimum training and ongoing certification requirements at regular intervals, as established by the Bureau; may not have been involved in an investigation conducted pursuant to paragraph (8); and may not be subject to any requirements linking incentives, including promotion, to the number of appeals processed within a certain time period. Such employees shall conduct a robust review of the appeal and make a determination regarding the accuracy and completeness of the disputed information by— conducting an independent analysis, separate from any reinvestigation by a reseller or consumer reporting agency, of the disputed information; verifying that the personally identifiable information related to the dispute is accurate and complete; analyzing the notice of appeal and all information, including substantiating documents, provided by the consumer with the notice of appeal; evaluating the validity of any information submitted by any person that was used by the furnisher in the initial investigation into the dispute; verifying that the information being disputed relates to the consumer in whose file the information is located; verifying that the furnisher has a record of the information being disputed; and applying any additional factors or investigative processes, as specified by the Bureau. If a consumer submits additional information related to the appeal after the period of 3 business days described in subparagraph (C)(i) and before the end of the 20-day period described in subparagraph (D), the furnisher shall have an additional 10 business days to complete the review of the appeal. Not later than 5 days after the end of the 20-day period described in subparagraph
(D)(or the 10-day extension described under subparagraph (G), as applicable) the furnisher shall provide the consumer with written notice of the results of the appeal by mail or, if requested by the consumer, by other means. The contents of such notice shall include— a statement that the appeal is completed and the date on which it was completed, the results of the appeal, and the specific reasons supporting the results of the appeal; a copy of all information relating to the consumer that was used as a basis for deciding the results of the appeal; if the appeal results in any change to the consumer report, a notification that the consumer shall receive a copy, free of charge, of a revised consumer report (based upon the consumer’s file as that file was changed as a result of the appeal) and a credit score or educational credit score (if applicable) from each consumer reporting agency that had been furnished incorrect information; a description of the procedure used to determine the accuracy and completeness of the information, including the business name, telephone number, mailing address, and Internet website address (if applicable), of any person who provided information that was contacted in connection with such information, if reasonably available; information describing that the consumer may submit a statement, without charge, disputing the accuracy or completeness of information in the consumer’s file that was the subject of an appeal under this paragraph by submitting a statement directly to each consumer reporting agency that received the information; and a notification that the consumer may request the furnisher to submit to each consumer reporting agency the consumer’s request to furnish notifications pursuant to section 611(d) (relating to furnishing notifications to certain users of consumer reports). . Section 623(a)(8)(A) of the Fair Credit Reporting Act ( 15 U.S.C. 1681s–2(a)(8)(A) ) is amended by striking reinvestigate and inserting investigate . Section 609 of the Fair Credit Reporting Act ( 15 U.S.C. 1681g ) is amended— in subsection (c)— by striking Commission and inserting Bureau each place that term appears; in the subsection heading, by striking and inserting rights to obtain and dispute information in consumer reports and to obtain credit scores ; and key consumer reporting rights in paragraph (1)— in the heading, by striking and inserting Commission ; Bureau in subparagraph (B)— in clause (ii), by striking a consumer report without charge under section 612 and inserting consumer reports and credit scores or educational credit scores (as applicable) without charge under section 612 ; in clause (iii), by inserting or section 623 after section 611 ; by striking clauses
(iv)and (vi); by inserting after clause
(iii)the following new clause: the right of a consumer to appeal a determination of a reinvestigation conducted by a consumer reporting agency under section 611(i) or an investigation conducted by a furnisher of information under section 623(a)(10); ; and by adding at the end the following new clause: the method and circumstances under which consumers can obtain a 1-year fraud alert, 7-year fraud alert, active duty alert, or security freeze as described in section 605A through a consumer reporting agency described under section 603(p). ; in subparagraph
(C)(as amended by subparagraph (A)) by inserting and the Commission after Bureau ; and by adding at the end the following new subparagraph: A consumer reporting agency described under subsection
(p)or
(x)of section 603 shall display in a clear and conspicuous manner, including on the Internet website of the consumer reporting agency, the summary of rights prepared by the Bureau under this paragraph. ; and in subsection (d), by inserting Bureau and the before Commission .
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- 15 USC 1681s–2(a)
- 15 USC 1681s–2(a)(8)(A)
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Sec. 105
Right to appeal disputes relating to reinvestigations and investigations
Cite15 USC 1681s–2(a)
Cite15 USC 1681s–2(a)(8)(A)
Cites 4Cited by 0 across 0 sources