50-710. Procedure in case of disputed accuracy.
50-710
50-710. Procedure in case of disputed accuracy.(a) If the completeness or accuracy of any item of information containedin his or her file is disputed by a consumer, and such dispute is directlyconveyed to the consumer reporting agency by the consumer, the consumerreporting agency shall within a reasonable period of time reinvestigate andrecord the current status of that information unless it has reasonablegrounds to believe that the dispute by the consumer is frivolous orirrelevant. If after such reinvestigation such information is found to beinaccurate or can no longer be verified, the consumer reporting agencyshall promptly delete such information. The presence of contradictoryinformation in the consumer's file does not in and of itself constitutereasonable grounds for believing the dispute is frivolous or irrelevant.
(b) If the reinvestigation does not resolve the dispute, the consumermay file a brief statement setting forth the nature of the dispute. Theconsumer reporting agency may limit such statements to not more than onehundred words if it provides the consumer with assistance in writing aclear summary of the dispute.
(c) Whenever a statement of dispute is filed, unless there is reasonablegrounds to believe that it is frivolous or irrelevant, the consumerreporting agency shall, in any subsequent consumer report containing theinformation in question, clearly note that it is disputed by the consumerand provide either the consumer's statement or a clear and accuratecodification or summary thereof.
(d) Following any deletion of information which is found to beinaccurate or whose accuracy can no longer be verified or any notation asto disputed information, the consumer reporting agency shall, at therequest of the consumer, furnish notification that the item has beendeleted or the statement, codification or summary pursuant to subsection(b) or (c) of this section to any person specifically designated by theconsumer who has within two years prior thereto received a consumer report foremployment purposes, or within six months prior thereto received a consumerreport for any other purpose, which contained the deleted or disputedinformation. The consumer reporting agency shall clearly and conspicuouslydisclose to the consumer his or her rights to make such a request. Suchdisclosure shall be made at or prior to the time the information isdeleted or the consumer's statement regarding the disputed information isreceived.
History: L. 1973, ch. 85, § 145; Jan. 1, 1974.