Make the company that reported the error investigate it
15 U.S.C. § 1681s-2(b)(1)
In plain words
The company that reported the information — such as your servicer — must investigate when a credit bureau passes along your dispute, and fix what is wrong with every bureau. In many cases you can also dispute directly with that company, which must then investigate and report back to you.
Who is protected
Consumers whose credit information was furnished by a lender, servicer or collector.
When it applies
It has no special conditions: it protects everyone it names.
Check whether it applies to youWhat you can do
Dispute through the credit bureau and directly
Send your dispute to the credit bureau (which triggers the furnisher's duty you can enforce), and a copy to the company that reported it.
Open the toolOpen the Credit Health tool
Upload your free reports from AnnualCreditReport.com. The tool lists items you may want to check and explains your options. You decide what, if anything, to dispute.
Open the toolSend a direct dispute letter
Write the letter yourself, in your own words, to the furnisher's dispute address. Identify the account, the exact information you dispute, why, and attach documents.
Open the tool
Honest limits
- If you only dispute directly with the furnisher, you generally cannot sue it under the FCRA for a bad investigation. Disputing through a credit bureau keeps that option.
- This is general legal information, not legal advice, and it does not promise any result. A HUD-approved housing counselor or a lawyer can look at your facts.
- You cannot sue a furnisher for ignoring a direct dispute; only regulators enforce § 1681s-2(a) (§ 1681s-2(c)–(d)). You CAN sue for violations of § 1681s-2(b) after disputing through a credit bureau — so disputing with the bureau too is often wise.
- A dispute that repeats one already investigated, without new information, may be treated as frivolous.
The law
- Federal lawFCRA — furnisher duties after notice from a bureau
15 U.S.C. § 1681s-2(b)(1)
Exact part: (b)(1)
What it says: After a credit bureau sends notice of a dispute, the furnisher must investigate, review the information, report results, and correct errors with all nationwide bureaus.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681s-2&num=0&edition=prelim - Federal lawFCRA — direct disputes with the furnisher
15 U.S.C. § 1681s-2(a)(8)
Exact part: (a)(8)
What it says: Regulations say when a furnisher must investigate a dispute sent directly by the consumer.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681s-2&num=0&edition=prelim - Federal regulationRegulation V — duties after a direct dispute
12 C.F.R. § 1022.43(e)
Exact part: (e)
What it says: After a direct dispute, the furnisher must reasonably investigate, review the consumer's information, and report the results to the consumer.
Read the official texthttps://www.ecfr.gov/current/title-12/part-1022/section-1022.43#p-1022.43(e) - Federal lawFCRA — limits on private suits
15 U.S.C. § 1681s-2(c)
Exact part: (c)
What it says: Consumers cannot sue a furnisher for violating subsection (a), including direct-dispute duties; suits are possible for subsection (b) duties.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681s-2&num=0&edition=prelim - Federal regulationRegulation V — direct disputes
12 C.F.R. § 1022.43(a), (b), (e), (f)
Exact part: (a), (b), (e), (f)
What it says: When a furnisher must investigate a dispute sent directly to it, the exceptions, the address and content rules, and the deadline.
Read the official texthttps://www.ecfr.gov/current/title-12/section-1022.43 - Federal lawFCRA — furnisher duties after a bureau dispute
15 U.S.C. § 1681s-2(b)
What it says: After a bureau forwards your dispute, the furnisher must investigate and correct, delete or block inaccurate or unverifiable information.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681s-2&num=0&edition=prelim
Court cases
- Homeowner wonSame topicRenfroe v. Nationstar Mortgage, LLC
Renfroe v. Nationstar Mortg., LLC, 822 F.3d 1241 (11th Cir. 2016)
a servicer that answers a borrower's written request without a reasonable investigation may be liable under RESPA when the borrower alleges resulting damages
- Homeowner wonSame topicJesinoski v. Countrywide Home Loans, Inc.
Jesinoski v. Countrywide Home Loans, Inc., 574 U.S. 259 (2015)
a borrower exercises the Truth in Lending right to rescind by notifying the lender in writing within three years, without needing to sue within that period
- Homeowner wonSame topicMarais v. Chase Home Finance LLC
Marais v. Chase Home Fin. LLC, 736 F.3d 711 (6th Cir. 2013)
a borrower who alleges actual damages, such as added interest, caused by a servicer's deficient response to a qualified written request states a RESPA claim
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner wonSame topicKaltenbach v. Richards
Kaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006)
a person who meets the FDCPA's general definition of debt collector is subject to the whole Act even while enforcing a security interest
- Homeowner wonSame topicHeintz v. Jenkins
Heintz v. Jenkins, 514 U.S. 291 (1995)
the FDCPA applies to lawyers who regularly collect consumer debts, even through litigation
Related rights
Dispute errors on your credit report
15 U.S.C. § 1681i(a)(1)(A)
If your credit report has something wrong or incomplete — like a payment reported late that you made on time — you can dispute it with the credit bureau for free. The bureau must investigate, usually within 30 days, and fix or delete information it cannot verify.
Read this rightMake your servicer fix mistakes (notice of error)
12 C.F.R. § 1024.35(a)
If your mortgage servicer made a mistake — like not crediting a payment, charging a wrong fee, or giving a wrong payoff amount — you can send a written "notice of error." The servicer must confirm it got your letter within 5 business days. It then has to fix the error or explain in writing, after a reasonable investigation, why it thinks there was no error, usually within 30 business days.
Read this rightA collection or charge-off must carry its real delinquency date
15 U.S.C. § 1681s-2(a)(5)(A)
A company that reports an account placed for collection or charged off must tell the credit bureau the month and year the delinquency began, within 90 days. That date sets when the item must come off your report, and it does not change when the debt is sold.
Read this rightMost negative items must come off after 7 years
15 U.S.C. § 1681c(a)(a)(1), (4), (5)
Credit bureaus may not report collection accounts, charge-offs and most other negative items that are more than 7 years old. For a collection or charge-off, the 7 years start 180 days after the delinquency that led to it began — so, about 7½ years from the first missed payment that was never brought current. Paying, settling or re-selling the debt does not restart this clock. Bankruptcies can be reported for 10 years.
Read this rightInterest capped at 6% on debts from before service
50 U.S.C. § 3937(a)(1)
If you (or you and your spouse together) owed a debt before you entered military service, the interest rate is capped at 6% per year while you serve. For a mortgage, the cap lasts during service and for 1 year after. Interest above 6% is forgiven, not just delayed. You must send the creditor written notice and a copy of your orders.
Read this rightNo "silent" credit reporting by debt collectors
12 C.F.R. § 1006.30(a)
A debt collector may not report a debt to a credit bureau until it has first spoken with you about the debt, or mailed or electronically sent you a message about it and waited a reasonable time to learn whether it was undeliverable. This stops "passive" collection, where the first you hear of a debt is on your credit report.
Read this right