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§6-13.1-23  Disputed credit report. –

Published: 2015

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Commercial Law – General Regulatory Provisions

CHAPTER 6-13.1

Deceptive Trade Practices

SECTION 6-13.1-23

   § 6-13.1-23  Disputed credit report. –

(a) If the completeness or accuracy of any item of information contained in a

consumer's file is disputed by that consumer, and the dispute is directly

conveyed to the credit bureau by the consumer, the credit bureau shall within

thirty (30) calendar days reinvestigate the current status of that information

unless it has reasonable grounds to believe that the dispute by the consumer is

frivolous or irrelevant. If after the reinvestigation that information is found

to be inaccurate or can no longer be verified, the credit bureau shall promptly

delete that information. The presence of contradictory information in the

consumer's file does not in and of itself constitute reasonable grounds for

believing the dispute is frivolous or irrelevant.

   (b) If the reinvestigation does not resolve the dispute, the

consumer may file a brief statement stating the nature of the dispute. The

credit bureau may limit statements of dispute to not more than one hundred

(100) words if it provides the consumer with assistance in writing a clear

summary of the dispute.

   (c) Whenever a statement of dispute is filed, unless there is

reasonable grounds to believe that it is frivolous or irrelevant, the credit

bureau 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

that statement.

   (d) Following any deletion or correction of information that

is found to be inaccurate or whose accuracy can no longer be verified or any

notation as to disputed information, the credit bureau shall properly furnish a

copy of the corrected credit report to the consumer at no charge, and at the

request of the consumer, furnish a copy of the corrected report to any person

specifically designated by the consumer who has within two (2) years prior

thereto received a credit report for employment purposes, or within six (6)

months received a credit report for any other purpose, that contained the

deleted, corrected, or disputed information. The credit bureau shall clearly

and conspicuously disclose to the consumer his rights to make that request. The

disclosure shall be made at or prior to the time the information is deleted or

the consumer's statement regarding the disputed information is received.

History of Section.

(P.L. 1993, ch. 430, § 1; P.L. 2014, ch. 528, § 10.)