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Blog

Credit Laws Per FCRA

Posted on December 14, 2018 at 7:55 AM


All furnishers of consumer reports must comply with all applicable regulations, including regulations promulgated after

this notice was first prescribed in 2004. Information about applicable regulations currently in effect can be found at the

Consumer Financial Protection Bureau's website,

consumerfinance.gov/learnmore

.

NOTICE TO FURNISHERS OF INFORMATION:

OBLIGATIONS OF FURNISHERS UNDER THE FCRA

The federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681-1681y, imposes responsibilities on all persons who

furnish information to consumer reporting agencies (CRAs). These responsibilities are found in Section 623 of the

FCRA, 15 U.S.C. § 1681s-2. State law may impose additional requirements on furnishers. All furnishers of information to CRAs

should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance.

The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protection's website at

consumerfinance.gov/learnmore

. A list of the sections of the FCRA cross-referenced to the U.S. Code is at the end of this

document.

Section 623 imposes the following duties:


Accuracy Guidelines

The banking and credit union regulators and the CFPB will promulgate guidelines and regulations dealing with the accuracy

of information provided to CRAs by furnishers. The regulations and guidelines issued by the CFPB will be available at

consumerfinance.gov/learnmore

when they are issued. Section 623(e).


General Prohibition on Reporting Inaccurate Information

The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to

believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies

an address to which consumers may write to notify the furnisher that certain information is inaccurate. Sections 623(a)(1)(A)

and (a)(1)(C).


Duty to Correct and Update Information

If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs

determines that the information provided is not complete or accurate, the furnisher must promptly provide complete

and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any

corrections, and must thereafter report only the complete and accurate information. Section 623(a)(2).


Duties After Notice of Dispute from Consumer

If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is

inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs.

Section 623(a)(1)(B).

If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by

the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute.

Section 623(a)(3).

The federal banking and credit union regulators and the CFPB will issue regulations that will identify when an information

furnisher must investigate a dispute made directly to the furnisher by a consumer. Once these regulations are issued,

furnishers must comply with them and complete an investigation within 30 days (or 45 days, if the consumer later provides

relevant additional information) unless the dispute is frivolous or irrelevant or comes from a “credit repair organization.” The

CFPB regulations will be available at

consumerfinance.gov

. Section 623(a)(8).

Duties After Notice of Dispute from Consumer Reporting Agency

If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the

furnisher, the furnisher has a duty to follow certain procedures. The furnisher must:

•Conduct an investigation and review all relevant information provided by the CRA, including information given to the

CRA by the consumer. Sections 623(b)(1)(A) and (b)(1)(B).

•Report the results to the CRA that referred the dispute, and, if the investigation establishes that the information was,

in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that

compile and maintain files on a nationwide basis. Sections 623(b)(1)(C) and (b)(1)(D).

•Complete the above steps within 30 days from the date the CRA receives the dispute (or 45 days, if the consumer

later provides relevant additional information to the CRA). Section 623(b)(2).

•Promptly modify or delete the information, or block its reporting. Section 623(b)(1)(E).

Duty to Report Voluntary Closing of Credit Accounts

If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnishes

information to one or more CRAs must report this fact when it provides information to CRAs for the time period in which the

account was closed. Section 623(a)(4).


Duty to Report Dates of Delinquencies

If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject

to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and

the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how

long to keep the information in the consumer's file. Section 623(a)(5).


Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports

information to CRAs may comply with the requirements of Section 623(a)(5) (until there is a consumer dispute) by reporting

the same delinquency date previously reported by the creditor. If the creditor did not report this date, they may comply with

the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date cannot

be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the

account was placed for collection, charged to profit or loss, or subjected to any similar action. Section 623(a)(5).


Duties of Financial Institutions When Reporting Negative Information

Financial institutions that furnish information to “nationwide” consumer reporting agencies, as defined in Section 603(p),

must notify consumers in writing if they may furnish or have furnished negative information to a CRA. Section 623(a)(7). The

Consumer Financial Protection Bureau has prescribed model disclosures, 12 CFR Part 1022, App. B.


Duties When Furnishing Medical Information

A furnisher whose primary business is providing medical services, products, or devices (and such furnisher's agents or

assignees) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of

this fact. Section 623(a)(9). This notice will enable CRAs to comply with their duties under Section 604(g) when reporting

medical information.


Duties when ID Theft Occurs

All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is

the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information

that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the

consumer that the information is correct. Section 623(a)(6). If a furnisher learns that it has furnished inaccurate information

due to identity theft, it must notify each consumer reporting agency of the correct information and must thereafter report

only complete and accurate information. Section 623(a)(2). When any furnisher of information is notified pursuant to the

procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place

for collection the debt except in certain limited circumstances. Section 615(f).

The Consumer Financial Protection Bureau website,

consumerfinance.gov/learnmore

, has more information about the FCRA.


Citations for FCRA sections in the U.S. Code, 15 U.S.C. § 1681 et seq.:

Section 603

Section 604

Section 605

Section 605A

Section 605B

Section 606

Section 607

Section 608

Section 609

Section 610

Section 611

Section 612

Section 613

Section 614

15 U.S.C. 1681

15 U.S.C. 1681a

15 U.S.C. 1681b

15 U.S.C. 1681c

15 U.S.C. 1681c-1

15 U.S.C. 1681c-2

15 U.S.C. 1681d

15 U.S.C. 1681e

15 U.S.C. 1681f

15 U.S.C. 1681g

15 U.S.C. 1681h

15 U.S.C. 1681i

15 U.S.C. 1681j

15 U.S.C. 1681k

15 U.S.C. 1681l

Section 615

Section 616

Section 617

Section 618

Section 619

Section 620

Section 621

Section 622

Section 623

Section 624

Section 625

Section 626

Section 627

Section 628

Section 629

15 U.S.C. 1681m

15 U.S.C. 1681n

15 U.S.C. 1681o

15 U.S.C. 1681p

15 U.S.C. 1681q

15 U.S.C. 1681r

15 U.S.C. 1681s

15 U.S.C. 1681s-1

15 U.S.C. 1681s-2

15 U.S.C. 1681t

15 U.S.C. 1681u

15 U.S.C. 1681v

15 U.S.C. 1681w

15 U.S.C. 1681x

15 U.S.C. 1681y


Categories: BUSINESS & PERSONAL CREDIT, BUSINESS CONSULTING #CRILEGAL, FAQ #CRILEGAL

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