Page:United States Statutes at Large Volume 117.djvu/2016

 PUBLIC LAW 108–159—DEC. 4, 2003

117 STAT. 1997

(C) by inserting ‘‘or reseller’’ before the period at the end; (2) in paragraph (2)(A)— (A) by inserting ‘‘or a reseller’’ after ‘‘dispute from any consumer’’; and (B) by inserting ‘‘or reseller’’ before the period at the end; and (3) in paragraph (2)(B), by inserting ‘‘or the reseller’’ after ‘‘from the consumer’’. (b) REINVESTIGATION REQUIREMENT APPLICABLE TO RESELLERS.—Section 611 of the Fair Credit Reporting Act (15 U.S.C. 1681i), as amended by this Act, is amended by adding at the end the following: ‘‘(f) REINVESTIGATION REQUIREMENT APPLICABLE TO RESELLERS.— ‘‘(1) EXEMPTION FROM GENERAL REINVESTIGATION REQUIREMENT.—Except as provided in paragraph (2), a reseller shall be exempt from the requirements of this section. ‘‘(2) ACTION REQUIRED UPON RECEIVING NOTICE OF A DISPUTE.—If a reseller receives a notice from a consumer of a dispute concerning the completeness or accuracy of any item of information contained in a consumer report on such consumer produced by the reseller, the reseller shall, within 5 business days of receiving the notice, and free of charge— ‘‘(A) determine whether the item of information is incomplete or inaccurate as a result of an act or omission of the reseller; and ‘‘(B) if— ‘‘(i) the reseller determines that the item of information is incomplete or inaccurate as a result of an act or omission of the reseller, not later than 20 days after receiving the notice, correct the information in the consumer report or delete it; or ‘‘(ii) if the reseller determines that the item of information is not incomplete or inaccurate as a result of an act or omission of the reseller, convey the notice of the dispute, together with all relevant information provided by the consumer, to each consumer reporting agency that provided the reseller with the information that is the subject of the dispute, using an address or a notification mechanism specified by the consumer reporting agency for such notices. ‘‘(3) RESPONSIBILITY OF CONSUMER REPORTING AGENCY TO NOTIFY CONSUMER THROUGH RESELLER.—Upon the completion of a reinvestigation under this section of a dispute concerning the completeness or accuracy of any information in the file of a consumer by a consumer reporting agency that received notice of the dispute from a reseller under paragraph (2)— ‘‘(A) the notice by the consumer reporting agency under paragraph (6), (7), or (8) of subsection (a) shall be provided to the reseller in lieu of the consumer; and ‘‘(B) the reseller shall immediately reconvey such notice to the consumer, including any notice of a deletion by telephone in the manner required under paragraph (8)(A). ‘‘(4) RESELLER REINVESTIGATIONS.—No provision of this subsection shall be construed as prohibiting a reseller from conducting a reinvestigation of a consumer dispute directly.’’.

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