When a credit reporting agency reports inaccurate information, it has a duty to reinvestigate the information only after you file a dispute. Once you file a dispute - whether you do so online, through the mail, or via another way, the Fair Credit Reporting Act requires the credit reporting agency to conduct a reasonable reinvestigation to determine whether the information you are disputing is, in fact, inaccurate. These reinvestigations often include contacting the original creditor to determine the correct status of the reported information. If a credit reporting agency cannot confirm that the information is accurate, then the law requires it to remove the information.
Dispute letters to consumer reporting agencies/background check companies are not complicated, but you may want a credit check attorney at Weiner & Sand LLC to help you with the process.
The dispute letter should inform the consumer reporting agency/background check company that:
- you are disputing information in your consumer report
- you are asking for a reinvestigation
- as part of the reinvestigation, you are providing the credit reporting agency check with as much information as you have to support the dispute.
For example, the letter should state that you are requesting that the consumer reporting agency/background check company reinvestigate and correct the disputed information pursuant to 15 U.S.C. § 1681i, and you should provide the consumer reporting agency/background check company with information and documents showing that the reported information is in error. The more information you can provide to them to show that the report is inaccurate, the better.
Once you have disputed the information, the credit reporting agency typically has up to 30 days to conduct its reinvestigation. If it does not remove the inaccurate information after your dispute, then there may be grounds for a legal claim. Sometimes that legal claim is against the credit reporting agency for failing to conduct a reasonable reinvestigation, but sometimes that legal claim is against the furnisher of the information (the bank, the original creditor, and/or the debt collector) for providing the credit reporting agency with false information.
If you have any questions about the process or would like help disputing information in your background check, you should contact the background check attorneys at Weiner & Sand LLC for assistance with the process.