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Debt Laws | Federal
Laws | Consumer Protection
State Laws
Massachusetts Regulation of Credit Bureaus
Part 1 Administration of the Government
Title XV Regulation of Trade
Chapter 93 Regulation of Trade and Certain Enterprises
Regulation of Credit Bureaus
(a) Except as authorized under subsection (b) no consumer reporting agency shall make any consumer report containing any of the following items of information:
(1) Bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than fourteen years.
(2) Suits and judgments which, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.
(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.
(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.
(5) Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years.
(6) Any other adverse item of information which antedates the report by more than seven years.
(b) The provisions of subsection (a) are not applicable in the case of any consumer credit report to be used in connection with—
(1) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of fifty thousand dollars or more;
(2) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of fifty thousand dollars or more; or
(3) the employment of any individual at an annual salary which equals or which may reasonably be expected to equal twenty thousand dollars or more.
[ Text of section effective until December 8, 2005. For text effective December 8, 2005, see below.]
Upon direction of the commissioner of the Department of Revenue, or upon the request of any consumer credit reporting agency as defined in Title 15 of the United States Code, the IV-D agency, as set forth in chapter one hundred and nineteen A, shall compile a list of all obligors with child support arrearages of more than five hundred dollars and the amounts of such arrearages from the cases monitored by said agency under chapters two hundred and eight, two hundred and nine, two hundred and nine C, two hundred and seventy-three and two hundred and nine D, subject to the requirements of the following paragraph. Upon the request of a credit reporting agency, said agency shall notify the credit reporting agency whether any individual whose name is submitted has an arrearage of more than five hundred dollars and the amount of such arrearage, compiled in the same manner and also subject to the requirements of this section.
Prior to furnishing the name of any person with a recorded arrearage of more than five hundred dollars to a credit reporting agency, the IV-D agency shall notify such person that his name is to be furnished, the amount of recorded arrears, and that he may contest the accuracy of the size of the arrearage by furnishing to said agency within fifteen days evidence that the arrearage is not greater than five hundred dollars. If no such evidence is furnished within fifteen days, said agency shall forward the information to the credit reporting agency. If such evidence is furnished, said agency shall determine the size of the arrearage, if any, and forward the information to the credit reporting agency only if the total arrearage exceeds five hundred dollars. If the obligor disagrees with the determination of said agency he may seek review of the decision as to the amount of the arrearage in the division or department of the trial court which set the support order, and said agency shall not forward the information pending the decision of such court. Nothing in this section shall impair the rights of any obligor under federal or state law regarding consumer credit reports or consumer credit reporting agencies.
[ Text of section as amended by 2005, 163, Sec. 39 effective December 8, 2005. For text effective until December 8, 2005, see above.]
The IV-D agency, as set forth in chapter 119A, shall report periodically to consumer reporting agencies the name of any non-custodial parent who is delinquent in the payment of child support, and the amount of overdue support owed by the parent, subject to the requirements of the following paragraph. The IV-D agency shall report information only to an entity that has furnished satisfactory evidence that the entity is a consumer reporting agency.
Before reporting the name of any person who is delinquent in the payment of child support to a consumer reporting agency, the IV-D agency shall afford the person notice and due process pursuant to sections 6 and 17 of chapter 119A. Nothing in this section shall impair the rights of any obligor under federal or state law regarding consumer credit reports or consumer credit reporting agencies.
(a) A person may not procure or cause to be prepared an investigative consumer report on any consumer unless:
(1) it is clearly and accurately disclosed in writing to the consumer, prior to requesting the consumer reporting agency to prepare the report, that an investigative consumer report commonly includes information as to the consumer’s character, general reputation, personal characteristics, and mode of living, and the disclosure includes the precise nature and scope of the investigation requested and the right to have a copy of the report upon request; and
(2) the consumer provides the person requesting the report written permission to obtain the investigative consumer report prior to the person making such request to the consumer reporting agency.
(b) The consumer reporting agency shall upon the request of the consumer provide to the consumer a copy of such report upon its completion.
(c) No person may be held liable for any violation of paragraph (a) if he proves by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with said paragraph (a).
(a) Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section fifty-two and to limit the furnishing of consumer reports to the purposes listed under section fifty-one. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section fifty-one.
(b) Whenever a consumer reporting agency prepares or disseminates a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.
(a) Every person who furnishes information to a consumer reporting agency shall follow reasonable procedures to ensure that the information reported to a consumer reporting agency is accurate and complete. No person may provide information to a consumer reporting agency if such person knows or has reasonable cause to believe such information is not accurate or complete.
(b) A person who (1) in the ordinary course of business regularly and on a routine basis furnishes information to one or more consumer reporting agencies about the person’s own transactions or experiences with one or more consumers, and (2) determines that information on a specific transaction or experience so provided to a consumer reporting agency is not complete or accurate, shall promptly notify the consumer reporting agency of such determination and provide to the consumer reporting agency any corrections to that information, or any additional information, which is necessary to make the information provided by the person to the consumer reporting agency complete and accurate.
(c) While the completeness or accuracy of any information on a specific transaction or experience furnished by any person to a consumer reporting agency is subject to a continuing bona fide dispute between the affected consumer and that person, the person may not furnish the information to any consumer reporting agency without also including a notice that the information is disputed by the consumer; provided further, that no person may report to a consumer reporting agency that a consumer’s account is delinquent until said bona fide dispute is resolved pursuant to the federal Fair Credit Billing Act.
(d) A person who regularly furnishes information to a consumer reporting agency regarding a consumer who has an open-end credit account with such person, and which account is closed by the consumer, shall notify the consumer reporting agency of the closure of such account by the consumer, in information regularly furnished for the period in which the account is closed.
(e) A person who places a delinquent account for collection, internally or by referral to a third party, charges the delinquent account to profit or loss, or takes similar action, and subsequently furnishes information to a consumer reporting agency regarding such action, shall include within the information furnished, the approximate commencement date of the delinquency which gave rise to such action, unless such date was previously reported to the consumer reporting agency. Nothing contained in this paragraph shall be deemed to require that a delinquency must be reported to a consumer reporting agency.
(f) Upon receiving notice of a dispute notice pursuant to paragraph (a) of section fifty-eight with regard to the completeness or accuracy of any information provided to a consumer reporting agency, the person that provided the information shall (1) complete an investigation with respect to the disputed information and report to the consumer reporting agency the results of that investigation before the end of the thirty-business-day period beginning on the date the consumer reporting agency receives the notice of dispute from the consumer in accordance with paragraph (a) of section fifty-eight and (2) review relevant information submitted to it.
(g) A person who furnishes information to a consumer reporting agency shall be liable for failure to comply with the provisions of this section, unless the person so furnishing the information establishes by a preponderance of the evidence that, at the time of the failure to comply with this section, such person maintained reasonable procedures to comply with such provisions.
Notwithstanding the provisions of section fifty-one, a consumer reporting agency may furnish identifying information respecting any consumer, limited to his name, address, former addresses, places of employment, or former places of employment, to a governmental agency.
(a) Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer:
(1) the nature, contents and substance of all information, except medical information, in its file on the consumer at the time of the request, and which is obtainable based upon the identifying information supplied by the consumer when making such request, and if such consumer has made a written request, deliver a written copy or photocopy of all such information except any code identifications which are used solely for purposes of transferring such information to and from consumer reporting agencies; provided, however, that the names of the users corresponding to the code identifications shall be disclosed to the consumer; provided, further, that the agency shall provide a clear, simple and plain meaning explanation of the information provided under this paragraph and such explanation shall be in a readable format and type, which shall in no case be smaller than ten point type;
(2) the sources of all credit information obtained through routine credit reporting or through any other credit reporting techniques in the file at the time of the request, except that the sources of information acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed; provided, however, that in the event an action is brought pursuant to section sixty-five, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought; and
(3) the recipients of any consumer report on the consumer which it has furnished for employment purposes within the two year period preceding the request, and for any other purpose within the six-month period preceding the request.
(b) Every consumer reporting agency, upon contact by a consumer by phone, mail, or in person regarding information which may be contained in the agency files regarding that consumer, shall with each written disclosure, or in response to a request by the consumer to be advised as to his rights, promptly advise the consumer of the consumer’s rights under this section. The written notice shall be in a clear and conspicuous format and be no smaller than ten point type. The notice shall inform the consumer of the consumer’s rights under this chapter, provided in a clear and conspicuous manner, in substantially the following manner:
“You have a right to obtain a copy of your credit file from a consumer credit reporting agency. You may be charged a reasonable fee not exceeding eight dollars. There is no fee, however, if you have been turned down for credit, employment, insurance, or rental dwelling because of information in your credit report within the preceding sixty days. The consumer credit reporting agency must provide someone to help you interpret the information in your credit file. Each calendar year you are entitled to receive, upon request, one free consumer credit report.
You have a right to dispute inaccurate information by contacting the consumer credit reporting agency directly. However, neither you nor any credit repair company or credit service organization has the right to have accurate, current, and verifiable information removed from your credit report. In most cases, under state and federal law, the consumer credit reporting agency must remove accurate, negative information from your report only if it is over seven years old, and must remove bankruptcy information only if it is over ten years old.
If you have notified a consumer credit reporting agency in writing that you dispute the accuracy of information in your file, the consumer credit reporting agency must then, within thirty business days, reinvestigate and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this service. Any pertinent information and copies of all documents you have concerning a dispute should be given to the consumer credit reporting agency.
If reinvestigation does not resolve the dispute to your satisfaction, you may send a statement to the consumer credit reporting agency to keep in your file, explaining why you think the record is inaccurate. The consumer credit reporting agency must include your statement about the disputed information in a report it issues about you.
You have a right to receive a record of all inquires relating to a credit transaction initiated in the six months preceding your request, or two years in the case of a credit report used for employment purposes. This record shall include the recipients of any consumer credit report.
You have the right to opt out of any prescreening lists compiled by or with the assistance of a consumer credit reporting agency by calling the agency’s toll-free telephone number or contacting the agency in writing. You may be entitled to collect compensation, in certain circumstances, if you are damaged by a person’s negligent or intentional failure to comply with the provisions of the credit reporting act”.
(a) A consumer reporting agency shall make the disclosures required under section fifty-six during normal business hours and on reasonable notice.
(b) The disclosures required under said section fifty-six shall be made to the consumer—
(1) in person if he appears in person and furnishes proper identification; or
(2) by telephone if he has made a written request, with proper identification, for telephone disclosure and the toll charge, if any, for the telephone call is prepaid by or charged directly to the consumer; or
(3) by certified mail, if he has made a written request, return receipt requested, deliver to addressee only.
(c) Any consumer reporting agency shall provide a toll-free telephone number and trained personnel to explain to the consumer any information furnished to him pursuant to section fifty-six.
(d) The consumer shall be permitted to be accompanied by one other person of his choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer’s file in such person’s presence.
(e) Except as provided in sections sixty-three and sixty-four, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency, based on information disclosed pursuant to sections fifty-six, fifty-seven or sixty-two except as to false information furnished with malice or willful intent to injure such consumer.
(f) No person shall be held liable for any violation of paragraph (3) of subsection (b) if such person proves by a preponderance of evidence that at the time of the alleged violation such person maintained reasonable procedures to assure compliance with said paragraph (3).
(a) If the completeness or accuracy of any item of information in his file is disputed by a consumer, and such dispute is directly conveyed to the consumer reporting agency by the consumer, the consumer reporting agency shall within a reasonable period of time, but not to exceed thirty business days beginning on the date the consumer reporting agency receives notice from the consumer, reinvestigate and record the current status of such information unless it has reasonable grounds to believe that the dispute is frivolous or irrelevant; including by reason of a failure of the consumer to provide sufficient information, as requested by the consumer reporting agency, to resolve the dispute. Unless the consumer reporting agency determines that the dispute is frivolous or irrelevant before the end of the five business day period beginning on the date the consumer reporting agency receives notice of the dispute under this section, the agency shall notify any person who provided the information in dispute at the address provided by the person. A consumer reporting agency may require that disputes by consumers be in writing.
(b) If the consumer reporting agency determines that the dispute is frivolous or irrelevant, it shall notify the consumer by mail or, if authorized by the consumer for that purpose, by any other means available to the consumer reporting agency, within five business days after the determination is made that it is terminating its reinvestigation of the item of information. In this notification the consumer reporting agency shall state the specific reasons why it has determined that the consumer’s dispute is frivolous or irrelevant. The presence of contradictory information in the consumer’s file shall not in and of itself constitute grounds for believing the dispute to be frivolous or irrelevant.
(c) If after such reinvestigation such information is found to be inaccurate or can no longer be verified, the consumer reporting agency shall within three business days delete such information.
(d) If the reinvestigation does not resolve the dispute, the consumer may file a statement setting forth the nature of the dispute.
(e) Within ten business days after completion of a reinvestigation, the agency shall provide the consumer with written information, free of charge, that includes: (1) a statement that the reinvestigation is completed, (2) a consumer report that is based on the consumer’s file as that file is revised as a result of the reinvestigation, (3) a description or indication of any changes made in the consumer report as a result of such revisions, (4) 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 consumer reporting agency, including the business name, address, and telephone number of any furnisher of information contacted in connection with such information, (5) notice that the consumer has the right to add a statement to the consumer’s file disputing the accuracy or completeness of the information, (6) notice that the consumer has the right to request that the consumer reporting agency furnish notifications under paragraphs (g) and (i), and (7) notice that the consumer has a right to obtain all information required to be disclosed under section fifty-six.
(f) Whenever a statement of dispute is filed, 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 the consumer’s statement as part of its report.
(g) Following any deletion of information which is found not to be accurate, or whose accuracy can no longer be verified, the consumer reporting agency shall, upon the request of the consumer, within fifteen business days, furnish notification to any person who has within two years prior thereto received a consumer report for employment purposes, or within six months prior thereto received a consumer report for any other purpose, which contained the deleted item, that the item has been deleted.
(h) A consumer reporting agency shall accept the consumer’s version of the disputed information and correct or delete the disputed item when the consumer submits to the consumer reporting agency documentation obtained from the source of the item in dispute or from public records confirming that the report was inaccurate or incomplete, unless the consumer reporting agency in good faith has substantial reason to doubt the authenticity of the documentation, or the completeness of the information provided.
(i) No information may be reinserted in a consumer’s file after having been deleted pursuant to this section unless the person who furnishes the information to be reinserted verifies that the information is accurate. If any information so deleted from a consumer’s file is reinserted in the file, the consumer reporting agency shall promptly notify the consumer of the reinsertion in writing or, if authorized by the consumer for that purpose, by any other means available to the consumer reporting agency. As part of, or in addition to, said notice the consumer reporting agency shall, within five business days of reinserting the information, provide, in writing to the consumer: (1) a statement that the disputed information has been reinserted; (2) a notice that the agency will provide to the consumer, within fifteen days following a request, the name, address, and telephone number of any furnisher of information contacted or which contacted the consumer reporting agency in connection with the reinsertion; (3) the toll-free telephone number of the consumer reporting agency that the consumer may use to obtain such name, address, and telephone number; and, (4) a notice that the consumer has the right to add a statement to his file disputing the accuracy or completeness of the information.
MA Massachusetts Official State Code
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