California FCRA / ID THEFT
Division 3. Obligations
Part 4. Obligations Arising from Particular Transactions
Title 1.6. Consumer Credit Reporting Agencies Act
Chapter 1. General Provisions
1785.16 Disputes as to completeness or accuracy of information in file; reinvestigation and recording of current status; notice of results; deletion and reinsertion of information; statement of dispute; agency procedures; block of information appearing as a result of Penal Code 530.5; unblocking information
( a statement about the details of the dispute will be furnished to any recipient as long as the credit information is retained in the agency's data base. A consumer credit reporting agency shall provide the notice pursuant to this subdivision respecting the procedure used to determine the accuracy and completeness of information, not later then 15 days after receiving a request from the consumer.
1975. Added by Stats. 1975, c. 1271, p. 3373, 1.
1997. Amended by Stats. 1997, c. 768 2 (A.B. 156 by Murray). Added Sub sec. (k)
2000. Amended by Stats. 2000, c 978 (S.B. 1607 by Figueroa), 5. Operative July 1, 2001. Subd. (a), first sentence, substituted "investigate the dispute" for "resolve the dispute"; Subd. (c), first sentence, substituted "certifies" for "verifies"; Subd. (i), deleted "designed" following "procedures"; Added Subd. (l), relating to contracts prohibiting disclosure of credit scores; made no substantive changes throughout the section; and rewrote Subds. (d) and H), which read:
"(d) A consumer credit reporting agency shall provide notice to the consumer of the results of any reinvestigation under this subdivision, within five days of completion of the reinvestigation. The notice shall include (1) a statement that the reinvestigation is completed, (2) a consumer credit report that is based on the consumer's file as that file is revised as a result of the reinvestigation, (3) a description or indication of any changes made in the consumer credit report as a result of those revisions to the consumer's file, (4) a 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 credit reporting agency, including the name, business, address, and telephone number of any furnisher of information contacted in connection with that information, (5) 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, and (6) a notice that the consumer has the right to request that the consumer credit reporting agency shall provide the notice pursuant to this subdivision respecting the procedure used to determine the accuracy and completeness of information, not later then 15 days after receiving a request from the consumer.
"(h) Following the deletion of information from a consumer's file pursuant to this section, or following the filing of statement of dispute pursuant to subdivision (f), the consumer credit reporting agency shall, at the request of the consumer, furnish notification that the item of information has been deleted or that the item of information is disputed. In the case of disputed information, the notification shall include the statement or summary of the dispute filed pursuant to subdivision (f). This notification shall be furnished to any person, specifically designated by the consumer, who has, within two years prior to the deletion or the filing of the dispute, received a consumer credit report concerning the consumer for employment purposes, or who has, within six months of the deletion or the filing of the dispute, received a consumer credit report concerning the consumer for any other purpose, if these consumer credit reports contained the deleted or disputed information. The consumer credit reporting agency shall clearly and conspicuously disclose to the consumer his or her rights to make a request for this notification. The disclosure shall be made at or prior to the time the information is deleted pursuant to this section or that consumer's statement regarding the disputed information is received pursuant to subdivision (f)."
2001. Amended by Stats. 2001, c. 354 (A.B.655). Subd. (k), first sentence, inserted ", or a valid investigative report made by a Department of Motor Vehicles investigator with peace officer status "; fourth sentence, inserted "a material misrepresentation of fact by the consumer or"; Inserted Subd. (l); and redesignated the remaining subdivision.
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