united-states privacy credit-report
In the US, can disputed claims (factual dispute) still be reported to a credit bureau?
<p>In the US, when reporting unpaid claims to a credit bureau, may creditors also report claims where there is a factual dispute? For example, if I order something online, then do not pay the invoice because the goods I received were damaged, and instead complain to the seller - can the seller still report this as an outstanding debt?</p>
<p>In Germany, this is explicitly illegal (<a href="https://dejure.org/gesetze/BDSG_a.F./28a.html" rel="nofollow noreferrer">Bundesdatenschutzgesetz §28a</a>), claims may only be reported if they are not in dispute, or confirmed by a court. This seems like a sensible precaution, because otherwise companies can report unpaid claims they are not really entitled to.</p>
<p>What is the legal situation in the US? And what are the remedies if an unjustified claim is reported?</p>

<h2>Yes</h2>
<p>A creditor (or alleged creditor) in the US may report such a debt, but must include in the report the information that the debt is disputed, if the creditor has been informed in writing that there is a dispute.</p>
<p>If the consumer disputes that  debt is valid that is a &quot;factual dispute&quot;. That would include claims that goods ordered were never delivered, that the wrong goods were delivered, or that  the goods were damaged or non-working at the time of delivery.</p>
<p>One relevant law is the <a href="https://www.ftc.gov/enforcement/statutes/fair-credit-reporting-act" rel="nofollow noreferrer">Fair Credit Reporting Act</a>. Under § 611 of the act (15 U.S.C. § 1681i) a consumer may file a notice of dispute with a credit reporting agency (CRA). The CRA must re investigate the issue, and may ask for confirming information from the merchant or other person who initially reported the information (known as the &quot;Furnisher&quot; in the law). There is a set of procedures for handliung such disputes. Information found to be &quot;Inaccurate or Unverifiable&quot; must be removed. Subsections (b) and (c) of thsi section provife that:</p>
<blockquote>
<p>Statement of dispute. 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 such statements to not more than one hundred words if it provides the consumer with assistance in writing a clear summary of the dispute.</p>
<p>(c) Notification of consumer dispute in subsequent consumer reports. 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 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.</p>
</blockquote>
<p>Section  616 of the act (15 U.S.C. § 1681n]) provides penalties for wilful noncompliance, and section  617 of the act (15 U.S.C. § 1681o]) provides penalties for negligent noncompliance. These include for wilful noncompliance actual damages, statutory damages of up to $1,000, punitive damages if the court thinks such proper, and &quot;the costs of the action together with reasonable attorney’s fees&quot; for winning cases. For negligent noncompliance actual damages plus costs and reasonable attorney’s fees are allowed.</p>
<p>See also the <a href="https://en.wikipedia.org/wiki/Fair_Credit_Reporting_Act" rel="nofollow noreferrer">Wikipedia Article on the Acty</a>, <a href="https://www.federalregister.gov/documents/2018/09/18/2018-20184/summaries-of-rights-under-the-fair-credit-reporting-act-regulation-v" rel="nofollow noreferrer">&quot;Summaries of Rights Under the Fair Credit Reporting Act (Regulation V)&quot;</a> from the Federal Register, and <a href="https://www.experian.com/blogs/ask-experian/credit-education/report-basics/fair-credit-reporting-act-fcra/" rel="nofollow noreferrer">&quot;Understanding the Fair Credit Reporting Act&quot;</a> from Experian (a major credit reporting agency).</p>
<p><a href="https://www.law.cornell.edu/uscode/text/15/1692g" rel="nofollow noreferrer">15 U.S. Code § 1692g</a> which is part of the
<a href="https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text" rel="nofollow noreferrer">Fair Debt Collection Practices Act</a> provides that if a consumer notifies a collector within 30 days of the initial  debt collection attempt that the debt is disputed, collection attempts must cease until the collector verifies the debt, or obtains a certification from the creditor.</p>
<p><a href="https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#807" rel="nofollow noreferrer">Section 807(8)</a> of the FDCPA (15 USC 1692f) prohibits:</p>
<blockquote>
<p>(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the <strong>failure to communicate that a disputed debt is disputed</strong>.</p>
</blockquote>
<p>See also <a href="https://www.incharge.org/debt-relief/credit-counseling/bad-credit/how-to-dispute-a-debt-with-creditors-collectors-reporting-bureaus/" rel="nofollow noreferrer">&quot;Dealing with Debt Collectors: What You Should Know&quot;</a></p>
