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The Vermont Statutes Online
Title
09
:
Commerce and Trade
Chapter
063
:
CONSUMER PROTECTION
Subchapter
003
:
FAIR CREDIT REPORTING
§
2480d. Procedure in case of disputed accuracy
(a) If the
completeness or accuracy of any item of information contained in the consumer's
file is disputed by the consumer and the consumer notifies the credit reporting
agency directly of such dispute, the agency shall reinvestigate free of charge
and record the current status of the disputed information on or before 30
business days after the date the agency receives notice from the consumer.
(b) On or before
five business days after the date a credit reporting agency receives notice of
a dispute from a consumer in accordance with subsection (a) of this section,
the agency shall provide notice of the dispute to all persons who provided any
item of information in dispute.
(c)
Notwithstanding subsection (a) of this section, a credit reporting agency may
terminate a reinvestigation of information disputed by a consumer under such
subsection if the agency reasonably determines that such dispute by the
consumer is frivolous or irrelevant. Upon making such a determination, a credit
reporting agency shall promptly notify the consumer of such determination and
the reasons therefor, by mail, or if authorized by the consumer for that
purpose, by telephone. The presence of contradictory information in the
consumer's file does not in and of itself constitute reasonable grounds for
determining the dispute is frivolous or irrelevant.
(d) In
conducting a reinvestigation under subsection (a) of this section, the credit
reporting agency shall review and consider all relevant information submitted
by the consumer with respect to such disputed information.
(e) If, after a
reinvestigation under subsection (a) of this section of any information
disputed by a consumer, the information is found to be inaccurate or cannot be
verified, the credit reporting agency shall promptly delete such information
from the consumer's file. For purposes of this section, "information"
shall not include other information in the same item that is not disputed by
the consumer.
(f) If any
information is deleted after a reinvestigation under subsection (a) of this
section, the information may not be reinserted in the consumer's file after
deletion unless the person who furnishes the information reinvestigates and
states in writing or by electronic record to the agency that the information is
complete and accurate. Such furnisher shall not provide such statement unless
the furnisher reasonably believes that the information is complete and
accurate. Upon such reinvestigation and statement by the furnisher, the credit
reporting agency shall promptly notify the consumer of any reinsertion.
(g) A credit
reporting agency shall provide written notice of the results of any
reinvestigation under this subsection within five business days of the
completion of the reinvestigation, by mail or, if authorized by the consumer
for that purpose, by telephone. This notice shall include:
(1) a statement
that the reinvestigation is complete;
(2) a statement
of the determination of the agency on the completeness or accuracy of the
disputed information;
(3) a credit
report that is based upon the consumer's file as that file is revised as a
result of the reinvestigation;
(4) a
description of the manner in which the information disputed by the consumer has
been altered, changed, deleted, or modified in the consumer's credit report;
(5) a
description of the procedure used to determine the accuracy and completeness of
the information, including the name, business address, and, if available, the
telephone number of any person contacted in connection with such information;
and
(6) a
notification that the consumer has the right, pursuant to 15 U.S.C. § 1681i, to
add a statement to the consumer's file disputing the accuracy or completeness
of the information. (Added 1991, No. 246 (Adj. Sess.), § 1.)