Section 13: Dispute Resolution process.
(1) Where a data subject has any complaint regarding the accuracy,
validity, completeness or otherwise of any credit information or the contents
of a Credit Report, the Data Subject shall submit a complaint in writing (whether
by electronic mail or other written means) to the Credit Information Provider
or Credit Bureau.
(2)
A Credit Information Provider or Credit Bureau shall upon receipt of a complaint investigate, determine and communicate the outcome of the determination of such complaint to the Data Subject within 10 working days
following the receipt of the complaint.
(3) If the complaint is notresolved within -10 working days of receiving
same, the Credit Provider shall immediately (but not more than 3 working days) refer the complaint to the Bank and the Bank shall resolve the complaint within 10 working days of the receipt of the complaint.
(4) If the Bank does not resolve the complaint within ten (10) working
days or a party to the complaint is otherwise dissatisfied with the decision of the Bank, the dissatisfied party shall have a right to proceed to a court of competent jurisdiction for resolution of the dispute.
(5) A dispute shall be deemed resolved where the Credit Information Provider, which provided the contested information, admits that the information is inaccurate, invalid, incomplete or out-of-date and forwards the rectified Credit Report to the Credit Information Provider and the Data Subject.
(6) For the duration of the investigation or resolution of any complaint
under this section, or any other section of this Act, the Credit Information in
the Credit Bureau must indicate that the Data Subject's Credit Information is
under dispute.
(7) Where there are legal liabilities or costs arising from the inaccurate
data as a result of illegal activity, gross negligence, misconduct or reckless
behaviour, the Credit Information Providerorthe Credit Bureau shall be liable,
depending upon their degree of culpability.
(8) A Credit Bureau may claim against the Credit Information Provider
whenever it is held liable for any incorrect, incomplete or out-of-date information
and Credit Information Users shall be held liable in the event of wrongful or
fraudulent use of the Credit Information.
Cite this section
Section 13, CREDIT REPORTING ACT (2017).
https://repo.podus.ai/laws/credit-reporting-act/section/13/