A. A consumer may report a case of identity theft to the law-enforcementagency in the jurisdiction where he resides. If a consumer, as defined by theFair Credit Reporting Act, 15 U.S.C. § 1681 et seq., submits to a consumerreporting agency, as defined by the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq., a copy of a valid police report, the consumer reporting agencyshall, within 30 days of receipt thereof, block the reporting of anyinformation that the consumer alleges appears on his credit report, asdefined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., as aresult of a violation of § 18.2-186.3. The consumer reporting agency shallpromptly notify the furnisher of the information that a police report hasbeen filed, that a block has been requested, and the effective date of theblock.
B. Consumer reporting agencies may decline to block or may rescind any blockof consumer information if, in the exercise of good faith and reasonablejudgment, the consumer reporting agency believes that: (i) the informationwas blocked due to a misrepresentation of a material fact by the consumer;(ii) the information was blocked due to fraud, in which the consumerparticipated, or of which the consumer had knowledge, and which may forpurposes of this section be demonstrated by circumstantial evidence; (iii)the consumer agrees that portions of the blocked information or all of itwere blocked in error; (iv) the consumer knowingly obtained or should haveknown that he obtained possession of goods, services, or moneys as a resultof the blocked transaction or transactions; or (v) the consumer reportingagency, in the exercise of good faith and reasonable judgment, hassubstantial reason based on specific, verifiable facts to doubt theauthenticity of the consumer's report of a violation of § 18.2-186.3.
C. If blocked information is unblocked pursuant to this section, the consumershall be notified in the same manner as consumers are notified of thereinsertion of information pursuant to the Fair Credit Reporting Act at 15U.S.C. § 1681i, as amended. The prior presence of the blocked information inthe consumer reporting agency's file on the consumer is not evidence ofwhether the consumer knew or should have known that he obtained possession ofany goods, services, or moneys.
D. A consumer reporting agency shall accept the consumer's version of thedisputed information and correct the disputed item when the consumer submitsto the consumer reporting agency documentation obtained from the source ofthe item in dispute or from public records confirming that the report wasinaccurate or incomplete, unless the consumer reporting agency, in theexercise of good faith and reasonable judgment, has substantial reason basedon specific, verifiable facts to doubt the authenticity of the documentationsubmitted and notifies the consumer in writing of that decision, explainingits reasons for unblocking the information and setting forth the specific,verifiable facts on which the decision is based.
E. A consumer reporting agency shall delete from a consumer credit reportinquiries for credit reports based upon credit requests that the consumerreporting agency verifies were initiated as a result of a violation of §18.2-186.3.
F. The provisions of this section do not apply to (i) a consumer reportingagency that acts as a reseller of credit information by assembling andmerging information contained in the databases of other consumer reportingagencies, and that does not maintain a permanent database of creditinformation from which new consumer credit reports are produced, (ii) a checkservices or fraud prevention services company that issues reports onincidents of fraud or authorizations for the purpose of approving orprocessing negotiable instruments, electronic funds transfers, or similarpayment methods, or (iii) a demand deposit account information servicecompany that issues reports regarding account closures due to fraud,substantial overdrafts, automatic teller machine abuse or similar negativeinformation regarding a consumer to inquiring banks or other financialinstitutions for use only in reviewing a consumer request for a demanddeposit account at the inquiring bank or financial institution.
A. A consumer may report a case of identity theft to the law-enforcementagency in the jurisdiction where he resides. If a consumer, as defined by theFair Credit Reporting Act, 15 U.S.C. § 1681 et seq., submits to a consumerreporting agency, as defined by the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq., a copy of a valid police report, the consumer reporting agencyshall, within 30 days of receipt thereof, block the reporting of anyinformation that the consumer alleges appears on his credit report, asdefined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., as aresult of a violation of § 18.2-186.3. The consumer reporting agency shallpromptly notify the furnisher of the information that a police report hasbeen filed, that a block has been requested, and the effective date of theblock.
B. Consumer reporting agencies may decline to block or may rescind any blockof consumer information if, in the exercise of good faith and reasonablejudgment, the consumer reporting agency believes that: (i) the informationwas blocked due to a misrepresentation of a material fact by the consumer;(ii) the information was blocked due to fraud, in which the consumerparticipated, or of which the consumer had knowledge, and which may forpurposes of this section be demonstrated by circumstantial evidence; (iii)the consumer agrees that portions of the blocked information or all of itwere blocked in error; (iv) the consumer knowingly obtained or should haveknown that he obtained possession of goods, services, or moneys as a resultof the blocked transaction or transactions; or (v) the consumer reportingagency, in the exercise of good faith and reasonable judgment, hassubstantial reason based on specific, verifiable facts to doubt theauthenticity of the consumer's report of a violation of § 18.2-186.3.
C. If blocked information is unblocked pursuant to this section, the consumershall be notified in the same manner as consumers are notified of thereinsertion of information pursuant to the Fair Credit Reporting Act at 15U.S.C. § 1681i, as amended. The prior presence of the blocked information inthe consumer reporting agency's file on the consumer is not evidence ofwhether the consumer knew or should have known that he obtained possession ofany goods, services, or moneys.
D. A consumer reporting agency shall accept the consumer's version of thedisputed information and correct the disputed item when the consumer submitsto the consumer reporting agency documentation obtained from the source ofthe item in dispute or from public records confirming that the report wasinaccurate or incomplete, unless the consumer reporting agency, in theexercise of good faith and reasonable judgment, has substantial reason basedon specific, verifiable facts to doubt the authenticity of the documentationsubmitted and notifies the consumer in writing of that decision, explainingits reasons for unblocking the information and setting forth the specific,verifiable facts on which the decision is based.
E. A consumer reporting agency shall delete from a consumer credit reportinquiries for credit reports based upon credit requests that the consumerreporting agency verifies were initiated as a result of a violation of §18.2-186.3.
F. The provisions of this section do not apply to (i) a consumer reportingagency that acts as a reseller of credit information by assembling andmerging information contained in the databases of other consumer reportingagencies, and that does not maintain a permanent database of creditinformation from which new consumer credit reports are produced, (ii) a checkservices or fraud prevention services company that issues reports onincidents of fraud or authorizations for the purpose of approving orprocessing negotiable instruments, electronic funds transfers, or similarpayment methods, or (iii) a demand deposit account information servicecompany that issues reports regarding account closures due to fraud,substantial overdrafts, automatic teller machine abuse or similar negativeinformation regarding a consumer to inquiring banks or other financialinstitutions for use only in reviewing a consumer request for a demanddeposit account at the inquiring bank or financial institution.
A. A consumer may report a case of identity theft to the law-enforcementagency in the jurisdiction where he resides. If a consumer, as defined by theFair Credit Reporting Act, 15 U.S.C. § 1681 et seq., submits to a consumerreporting agency, as defined by the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq., a copy of a valid police report, the consumer reporting agencyshall, within 30 days of receipt thereof, block the reporting of anyinformation that the consumer alleges appears on his credit report, asdefined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., as aresult of a violation of § 18.2-186.3. The consumer reporting agency shallpromptly notify the furnisher of the information that a police report hasbeen filed, that a block has been requested, and the effective date of theblock.
B. Consumer reporting agencies may decline to block or may rescind any blockof consumer information if, in the exercise of good faith and reasonablejudgment, the consumer reporting agency believes that: (i) the informationwas blocked due to a misrepresentation of a material fact by the consumer;(ii) the information was blocked due to fraud, in which the consumerparticipated, or of which the consumer had knowledge, and which may forpurposes of this section be demonstrated by circumstantial evidence; (iii)the consumer agrees that portions of the blocked information or all of itwere blocked in error; (iv) the consumer knowingly obtained or should haveknown that he obtained possession of goods, services, or moneys as a resultof the blocked transaction or transactions; or (v) the consumer reportingagency, in the exercise of good faith and reasonable judgment, hassubstantial reason based on specific, verifiable facts to doubt theauthenticity of the consumer's report of a violation of § 18.2-186.3.
C. If blocked information is unblocked pursuant to this section, the consumershall be notified in the same manner as consumers are notified of thereinsertion of information pursuant to the Fair Credit Reporting Act at 15U.S.C. § 1681i, as amended. The prior presence of the blocked information inthe consumer reporting agency's file on the consumer is not evidence ofwhether the consumer knew or should have known that he obtained possession ofany goods, services, or moneys.
D. A consumer reporting agency shall accept the consumer's version of thedisputed information and correct the disputed item when the consumer submitsto the consumer reporting agency documentation obtained from the source ofthe item in dispute or from public records confirming that the report wasinaccurate or incomplete, unless the consumer reporting agency, in theexercise of good faith and reasonable judgment, has substantial reason basedon specific, verifiable facts to doubt the authenticity of the documentationsubmitted and notifies the consumer in writing of that decision, explainingits reasons for unblocking the information and setting forth the specific,verifiable facts on which the decision is based.
E. A consumer reporting agency shall delete from a consumer credit reportinquiries for credit reports based upon credit requests that the consumerreporting agency verifies were initiated as a result of a violation of §18.2-186.3.
F. The provisions of this section do not apply to (i) a consumer reportingagency that acts as a reseller of credit information by assembling andmerging information contained in the databases of other consumer reportingagencies, and that does not maintain a permanent database of creditinformation from which new consumer credit reports are produced, (ii) a checkservices or fraud prevention services company that issues reports onincidents of fraud or authorizations for the purpose of approving orprocessing negotiable instruments, electronic funds transfers, or similarpayment methods, or (iii) a demand deposit account information servicecompany that issues reports regarding account closures due to fraud,substantial overdrafts, automatic teller machine abuse or similar negativeinformation regarding a consumer to inquiring banks or other financialinstitutions for use only in reviewing a consumer request for a demanddeposit account at the inquiring bank or financial institution.
