Section 14-1208 - Procedure in case of disputed accuracy. - Maryland Statutes

§ 14-1208. Procedure in case of disputed accuracy.
 

(a)  Reinvestigation by agency.-  

(1) If the completeness or accuracy of any item of information contained in his file is disputed by a consumer, and the dispute is directly conveyed to the consumer reporting agency in writing by the consumer, the consumer reporting agency shall within 30 days reinvestigate and record the current status of that information unless it has reasonable grounds to believe that the dispute by the consumer is frivolous or irrelevant. 

(2) If after reinvestigation the information is found to be inaccurate or can no longer be verified, the consumer reporting agency shall within 7 business days delete the information and mail: 

(i) Written notice of the correction to the consumer and to each person to whom the erroneous information was furnished; and 

(ii) A statement of the rights of the consumer under this subtitle. 

(3) If after reinvestigation the information is found to be accurate or is verified, the consumer reporting agency shall within 7 business days mail: 

(i) Written notice of the finding to the consumer; and 

(ii) A statement of the rights of the consumer under this subtitle. 

(4) (i) Within 60 days after receiving the notice under paragraphs (2) and (3) of this subsection, the consumer may request in writing that the consumer reporting agency disclose the name, address, and telephone number of each person contacted during the reinvestigation. 

(ii) Within 30 days after receiving the consumer's written request under this paragraph, the consumer reporting agency shall make the requested disclosure. 

(5) A person contacted during the reinvestigation who determines that the information was inaccurate shall correct the information in the person's records within 12 business days after the determination occurs. 

(6) 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)  Frivolous or irrelevant disputes.- If a consumer reporting agency finds that a dispute is frivolous or irrelevant, the agency within 7 business days shall mail: 

(1) Written notice of the finding, including the reasons for the finding, to the consumer; and 

(2) A statement of the rights of the consumer under this subtitle. 

(c)  Statement by consumer.-  

(1) If the reinvestigation does not resolve the dispute, the consumer may file a brief statement setting forth the nature of the dispute. 

(2) The consumer reporting agency may limit statements to not more than 100 words if it provides the consumer with assistance in writing a clear summary of the dispute. 

(d)  Notation in report that information is disputed.- Whenever a statement of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency 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 it. 

(e)  Duty of agency following deletion of information.- Following any deletion of information which is found to be inaccurate or whose accuracy can no longer be verified or any notation as to disputed information, the consumer reporting agency shall, at the request of the consumer, furnish notification that the item has been deleted or the statement, codification or summary pursuant to subsection (c) or (d) of this section to any person specifically designated by the consumer who has within 2 years prior received a consumer report for employment purposes, or within 1 year prior received a consumer report for any other purpose, which contained the deleted or disputed information. The consumer reporting agency shall clearly and conspicuously disclose to the consumer his rights to make such a 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. 
 

[1976, ch. 584; 1977, ch. 534; 1981, ch. 718; 1991, ch. 412; 1992, ch. 441; 1993, ch. 390; 2005, ch. 25, § 13.]