(1) A consumer reporting agency shall, upon written or verbal request and proper identification of any consumer, clearly, accurately, and in a manner that is understandable to the consumer, disclose to the consumer, in writing, all information in its files at the time of the request pertaining to the consumer, including but not limited to:
The names of all persons requesting credit information pertaining to the consumerduring the prior twelve-month period and the date of each request;
A set of instructions, presented in a manner that is understandable to the consumer,describing how information is presented on its written disclosure of the file; and
A toll-free number for use in resolving the dispute if the consumer submitted a written dispute to the consumer reporting agency, which operates on a nationwide basis.
(2) (a) A consumer reporting agency shall notify a consumer, by letter sent by first-class mail, that the consumer reporting agency will provide the consumer with a disclosure copy of his or her consumer file at no charge and a toll-free telephone number to call to provide the consumer reporting agency with the information necessary to request a copy, when one of the following events occurs within a twelve-month period:
The consumer reporting agency has received eight credit inquiries pertaining to theconsumer; or
The consumer reporting agency has received a report that would add negative information to a consumer's file.
A consumer reporting agency need only send one letter to a consumer per twelvemonth period pursuant to subsection (2)(a) of this section even if more than one event occurs in that period.
Any letter mailed to a consumer pursuant to subsection (2)(a) of this section shall notcontain any identifying information particular to that consumer including, but not limited to, social security number, place of employment, date of birth, or mother's maiden name.
Any letter mailed to a consumer pursuant to subsection (2)(a) of this section may bea form letter; except that each letter shall advise the consumer of the number and type of events that occurred relating to the consumer that initiated the letter. The letter shall also include a notice or separate form the consumer may complete and return to the consumer reporting agency to request a free copy of the consumer's credit report.
Each consumer reporting agency shall, upon request of a consumer, provide the consumer with one disclosure copy of his or her file per year at no charge whether or not the consumer has made the request in response to the notification required in subsection (2)(a) of this section. If the consumer requests more than one disclosure copy of his or her file per year pursuant to this subsection (2)(e), the consumer reporting agency may charge the consumer up to eight dollars for each additional disclosure copy.
Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1117, § 3, effective August 9.
Editor's note: This section is similar to former § 12-14.3-104 as it existed prior to 2017.