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Reinvestigation Rights

In most circumstances, background reporting companies must conduct a reinvestigation if you dispute information contained in your background report.  Once the background reporting company reinvestigates, it must comply with certain requirements under Section 1681i of the Fair Credit Reporting Act:

First, "A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than 5 business days after the completion of the reinvestigation, by mail or, if authorized by the consumer for that purpose, by other means available to the agency."

Second, "As part of, or in addition to, the notice under [the previous paragraph], a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in [the previous paragraph]—

(i) a statement that the reinvestigation is completed;

(ii) a consumer report that is based upon the consumer's file as that file is revised as a result of the reinvestigation

(iii) 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 such information and the telephone number of such furnisher, if reasonably available;

(iv) 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

(v) a notice that the consumer has the right to request under subsection (d) of this section that the consumer reporting agency furnish notifications under that subsection."

The Fair Credit Reporting Act requires that the background reporting company provide these notices even if it does not delete or change information as a result of the reinvestigation.

If you have any questions about your rights, please contact an FCRA attorney at Weiner & Sand LLC.

Weiner & Sand LLC

Employees and individuals have rights under both federal and state laws that cannot be violated. If you believe your employer has withheld wages that are owed to you, a background reporting company violated your rights with respect to a background report, or a credit reporting agency reported inaccurate information about you, please contact us.

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Even if you are not sure of the law and whether your employer violated your rights, we would be pleased to discuss your concerns with you.