Section 359-B:11 Procedure in Case of Disputed Accuracy.
I. If the completeness or accuracy of any item of information contained in the consumer's 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, but not to exceed 30 days, beginning on the date the appropriate consumer assistance office receives notice of the dispute from the consumer, reinvestigate and record the current status of that information unless it has reasonable grounds to believe that the dispute is frivolous or irrelevant.
II. Within 10 business days after completion of a reinvestigation, the agency shall provide the consumer with written information, free of charge, which includes:
(a) A statement that the reinvestigation is completed.
(b) A consumer report that is based on the consumer's file as that file is revised as a result of the reinvestigation.
(c) A description or indication of any changes made in the consumer report as a result of those revisions.
(d) 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 consumer reporting agency, including the name, business address, and telephone number of any furnisher of information contacted in connection with that information.
(e) Notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the information.
(f) Notice that the consumer has the right to request that the consumer credit reporting agency furnish notifications under paragraphs VI and VII of this section.
(g) Notice that the consumer has a right to obtain all information required to be disclosed by state or federal law.
III. If after such reinvestigation such information is found to be inaccurate or can no longer be verified, the consumer reporting agency shall within 10 business days change or delete such information.
IV. 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 100 words if it provides the consumer with assistance in writing in clear summary of the dispute.
V. Whenever a statement of a dispute is filed, unless there are 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 of the consumer's statement.
VI. Following the filing of a statement of dispute pursuant to paragraph IV, the consumer may request that the consumer reporting agency furnish notification to any person specifically designated by the consumer, who has, within 2 years prior to the filing of the dispute, received a consumer report concerning the consumer for employment purposes, or who has, within 6 months of the filing of the dispute, received a consumer report for any other purposes, which contained the disputed information, that the item is disputed and forward to him a copy of the statement provided for in paragraphs IV and V.
VII. Following any change or deletion of information which is found not to be accurate, or the accuracy of which can no longer be verified, the consumer reporting agency, in good faith, shall, upon the request of the consumer, furnish notification within a reasonable period of time to any person designated by the consumer who has within 2 years prior to the change or deletion received a consumer report for employment purposes, or within 6 months prior to the change or deletion received a consumer report for any other purpose, which contained the change or deleted item, that the item has been changed or deleted.
VIII. In conducting a reinvestigation, the consumer reporting agency shall review and consider all relevant information submitted by the consumer with respect to the disputed item of information.
IX. No information shall be reinserted in a consumer's file after having been deleted pursuant to this section unless the person who furnishes the information verifies that the information is accurate. If any information so deleted from a consumer's file is reinserted in the file, the consumer reporting agency shall promptly notify the consumer of the reinsertion in writing or, if authorized by the consumer for that purpose, by any other means available to the consumer reporting agency. As part of, or in addition to, this notice the consumer reporting agency shall, within 5 business days of reinserting the information, provide the consumer in writing:
(a) A statement that the disputed information has been reinserted.
(b) A notice that the agency will provide to the consumer, within a reasonable period of time following a request, the name, address, and telephone number of any furnisher of information contacted or which contacted the consumer reporting agency in connection with the reinsertion.
(c) The toll-free telephone number of the consumer reporting agency which the consumer can use to obtain this name, address, and telephone number.
(d) 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.
Source. 1971, 430:1. 1994, 271:4, eff. Jan. 1, 1995.