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Our bank has received a plethora of disputes about a customer’s credit. All of the disputes were submitted by the same credit repair service. Can we safely ignore these repeated disputes, since they were submitted by a credit repair service? – IBA Compliance Connection

IBA Compliance Connection

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Our bank has received a plethora of disputes about a customer’s credit. All of the disputes were submitted by the same credit repair service. Can we safely ignore these repeated disputes, since they were submitted by a credit repair service?

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Based on the facts in your question, we believe that the bank does not have a duty to conduct an investigation of these disputes. The CFPB’s Regulation V, which implements the Fair Credit Reporting Act (FCRA), expressly provides an exception to the general rule requiring creditors to investigate disputes when the disputes are submitted by a credit repair service.

In general, when your institution submits information about consumers to a consumer reporting agency for inclusion in the consumer’s credit report, your institution is a “furnisher” under Regulation V, and certain requirements apply to your institution as a furnisher. See 12 CFR 1022.41(c).  Among other things, furnishers must conduct a “reasonable investigation” of “direct disputes.” 12 CFR 1022.43(a). A direct dispute is defined as a dispute that is “submitted directly to a furnisher by a consumer concerning the accuracy of any information contained in a consumer report and pertaining to an account or other relationship that the furnisher has or had with the consumer.” 12 CFR 1022.41(b).

Regulation V goes on to provide an exception to this “reasonable investigation” requirement for disputes submitted by a “credit repair organization.” The requirement does not apply if “the furnisher has a reasonable belief that the direct dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form supplied to the consumer by, a credit repair organization . . . .” 12 CFR 1022.43(b)(2). A “credit repair organization” is defined as any person who sells, provides or performs any service, in return for the payment of money or other consideration, for the purpose of improving a consumer’s credit record, history or rating, or who provides advice or assistance to any consumer about the consumer’s credit record, history or rating. 15 USC 1679a(3). Moreover, a furnisher does not have to investigate a dispute submitted by a 501(c)(3) nonprofit organization. 12 CFR 1022.43(b)(2)15 USC 1679a(3)(B).

Provided that the party lodging these disputes with your bank meets the definition of a credit repair organization, neither the FCRA nor Regulation V requires your institution to investigate them.