South Dakota Request for Disclosure Regarding Nature and Substance of Files of Consumer Reporting Agency

State:
Multi-State
Control #:
US-01405BG
Format:
Word; 
Rich Text
Instant download

Description

Under the Fair Credit Reporting Act, a consumer reporting agency, on request by and proper identification of the consumer, must clearly and accurately disclose to the consumer:


the nature and substance of certain information in its files on the consumer;


the sources of most of that information;


the recipients of any consumer report on the consumer furnished for employment purposes within the two-year period preceding the request, and for any other purpose within the one-year period preceding the request;


the dates, original payees, and amounts of any checks on which is based any adverse characterization of the consumer, included in the file at the time of the disclosure; and


a record of all inquiries received by the agency during the one-year period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the consumer.

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FAQ

Information excluded from consumer reports further include: Arrest records more than 7 years old. Items of adverse information, except criminal convictions older than 7 years. Negative credit data, civil judgments, paid tax liens, and/or collections accounts older than 7 years.

However, credit scores and risk predictors need not be disclosed. The sources of this information should be revealed, except for sources used exclusively for investigative consumer reports. In case of legal action, the sources must be made available to the plaintiff through appropriate court procedures.

Investigative Reports These obligations include giving written notice that you may request or have requested an investigative consumer report, and giving a statement that the person has a right to request additional disclosures and a summary of the scope and substance of the report.

[15 U.S.C. § 1681] (1) The banking system is dependent upon fair and accurate credit report- ing. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

Disclosures to consumers. (a) Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer: (1) The nature and substance of all information (except medical information) in its files on the consumer at the time of the request.

Duty to Promptly Correct and Update Information. Section 623(a) of the FCRA also requires a person who regularly furnishes information to CRAs to promptly notify a CRA if the person determines the previously furnished information is not complete or accurate.

Information excluded from consumer reports further include: Arrest records more than 7 years old. Items of adverse information, except criminal convictions older than 7 years. Negative credit data, civil judgments, paid tax liens, and/or collections accounts older than 7 years.

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South Dakota Request for Disclosure Regarding Nature and Substance of Files of Consumer Reporting Agency