New Jersey § 56:11-36

§ 56:11-36.

a. (1) If the completeness or accuracy of any item of information contained in a consumer's

file at a consumer reporting agency is disputed by a consumer and the consumer notifies

the agency directly of the dispute, the agency shall reinvestigate free of charge

and record the current status of the disputed information, or delete the item from

the file in accordance with subsection e. of this section, before the end of the 30-day

period beginning on the date on which the agency receives the notice of dispute from

the consumer. (2) Except as provided in paragraph (3) of this subsection, the 30-day period described

in paragraph (1) of this subsection may be extended for not more than 15 additional

days if the consumer reporting agency receives information from the consumer during

that 30-day period that is relevant to the reinvestigation. (3) Paragraph (2) of this subsection shall not apply to any reinvestigation in which,

during the 30-day period described in paragraph (1) of this subsection, the information

that is the subject of the reinvestigation is found to be inaccurate or incomplete

or the consumer reporting agency determines that the information cannot be verified. b. (1) Before the expiration of the five-business-day period beginning on the date

on which a consumer reporting agency receives notice of a dispute from any consumer

in accordance with subsection a. of this section, the agency shall provide notification

of the dispute to any person who provided any item of information in dispute, at the

address and in the manner established with the person. The notice shall include all relevant information regarding the dispute that the

agency has received from the consumer. (2) The consumer reporting agency shall promptly provide to the person who provided

the information in dispute all relevant information regarding the dispute that is

received by the agency from the consumer after the period referred to in paragraph

(1) of this subsection and before the end of the period referred to in subsection

a. of this section. c. (1) Notwithstanding the provisions of subsection a. of this section, a consumer

reporting agency may terminate a reinvestigation of information disputed by a consumer

under that subsection if the agency reasonably determines that the dispute by the

consumer is frivolous or irrelevant, including by reason of a failure by a consumer

to provide sufficient information to investigate the disputed information. (2) Upon determining that a dispute is frivolous or irrelevant, a consumer reporting

agency shall notify the consumer of that determination not later than five business

days after making that determination, by mail or, if authorized by the consumer for

that purpose, by any other means available to the agency. (3) A notice under paragraph (2) of this subsection shall include: (a) the reasons for the determination under paragraph (1) of this subsection; and (b) the identification of any information required to investigate the disputed information,

which may consist of a standardized form describing the general nature of the information. d. In conducting any reinvestigation under subsection a. of this section with respect

to disputed information in the file of any consumer, the consumer reporting agency

shall review and consider all relevant information submitted by the consumer in the

period described in paragraph (1) of subsection a. of this section with respect to

the disputed information. e. (1) If after any reinvestigation under subsection a. of this section of any information

disputed by a consumer, an item of the information is found to be inaccurate or incomplete

or cannot be verified, the consumer reporting agency shall promptly delete that item

of information from the consumer's file or modify that item of information, as appropriate,

based on the results of the reinvestigation. (2) (a) If any information is deleted from a consumer's file pursuant to paragraph

(1) of this subsection, the information shall not be reinserted in the file by the

consumer reporting agency unless the person who furnishes the information certifies

that the information is complete and accurate. (b) If any information that has been deleted from a consumer's file pursuant to paragraph

(1) of this subsection is reinserted in the file, the consumer reporting agency shall

notify the consumer of the reinsertion in writing not later than five business days

after the reinsertion or, if authorized by the consumer for that purpose, by any other

means available to the agency. (c) As part of, or in addition to, the notice under subparagraph (b) of paragraph

(2) of this subsection, a consumer reporting agency shall provide to the consumer

in writing not later than five business days after the date of the reinsertion: (i) a statement that the disputed information has been reinserted; (ii) the business name and address of any furnisher of information contacted and the

telephone number of the furnisher, if reasonably available, or of any furnisher of

information that contacted the consumer reporting agency, in connection with the reinsertion

of the disputed information; and (iii) a notice that the consumer has the right to add a statement to the consumer's

file disputing the accuracy or completeness of the disputed information. (3) A consumer reporting agency shall maintain reasonable procedures designed to prevent

the reappearance in a consumer's file, and in consumer reports on the consumer, of

information that is deleted pursuant to this section, other than information that

is reinserted in accordance with this section. (4) Any consumer reporting agency that compiles and maintains files on consumers on

a nationwide basis shall implement an automated system through which furnishers of

information to a consumer reporting agency may report the results of a reinvestigation

that finds incomplete or inaccurate information in a consumer's file to other consumer

reporting agencies. f. (1) A consumer reporting agency shall provide written notice to a consumer of the

results of a reinvestigation under this subsection not later than five business days

after the completion of the reinvestigation, by mail or, if authorized by the consumer

for that purpose, by any other means available to the agency. (2) As part of, or in addition to, the notice under paragraph (1) of this subsection,

a consumer reporting agency shall provide to a consumer in writing before the expiration

of the five-day period referred to in paragraph (1) of this subsection: (a) a statement that the reinvestigation is completed; (b) a consumer report that is based on the consumer's file as that file is revised

as a result of the reinvestigation; (c) 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 agency, including the business name and address of any furnisher

of information contacted in connection with that information and the telephone number

of the furnisher, if reasonably available; (d) 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 (e) a notice that the consumer has the right to request that the consumer reporting

agency furnish notifications under subsection k. of this section. g. A consumer reporting agency shall provide to a consumer a description referred

to in subparagraph (c) of paragraph (2) of subsection f. of this section not later

than 15 days after receiving a request from the consumer for that description. h. If a dispute regarding an item of information in a consumer's file at a consumer

reporting agency is resolved in accordance with paragraph (1) of subsection e. of

this section by the deletion of the disputed information not later than three business

days after the date on which the agency receives notice of the dispute from the consumer

in accordance with paragraph (1) of subsection a. of this section, then the agency

shall not be required to comply with subsections b., f. and g. of this section with

respect to that dispute if the agency: (1) provides prompt notice of the deletion to the consumer by telephone; (2) includes in that notice, or in a written notice that accompanies a confirmation

and consumer report provided in accordance with paragraph (3) of this subsection,

a statement of the consumer's right to request that the agency furnish notifications

under subsection k. of this section; and (3) provides written confirmation of the deletion and a copy of a consumer report

on the consumer that is based on the consumer's file after the deletion, not later

than five business days after making the deletion. i. If the reinvestigation does not resolve the dispute, the consumer may file a brief

statement setting forth the nature of the dispute. The consumer reporting agency may limit a statement to not more than one hundred

words if it provides the consumer with assistance in writing a clear summary of the

dispute. j. 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 thereof. k. 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 if disputed, the statement, codification or summary

filed or developed pursuant to subsection i. or j. of this section, to any person

specifically designated by the consumer who has within two years prior thereto received

a consumer report for employment purposes, or within one year prior thereto received

a consumer report for any other purpose, which contained the deleted or disputed information.