The Fair Credit Reporting Act in New Hampshire

New Hampshire has a few laws enacted that are helpful to consumers in the credit and background reporting arena.  RSA 359-B:5 provides that no consumer reporting agency may make a consumer report containing records of arrest, indictment, or conviction of a crime or any other adverse item of information which antedates the report by more than 7 years, EXCEPT if the salary is reasonably expected to equal $20,000 or more. This law was enacted in 1971 and is therefore effective.

Also, New Hampshire has enacted RSA 359-B:4 which provides limits for purposes for which one can access a consumer’s credit file.  The reasons are those exact same ones found in the federal Fair Credit Reporting Act.   Also, RSA 359-B:11 provides for a dispute procedure process when a consumer wishes to point out inaccuracies in their reports.   Just like the federal Fair Credit Reporting Act, the New Hampshire law requires that a consumer reporting agency conduct a reasonable investigation into a consumer’s claims of inaccuracy within 30 days.  The FCRA particularly requires that the consumer reporting agencies notify the creditor, or furnisher of the information, within 5 days of receiving the dispute that there is a dispute.  The New Hampshire law does not discuss that aspect of the investigation, and therefore places no responsibilities on the part of the creditors in the investigation process.

Finally, the state law provides that a consumer reporting agency that provides a report for employment purposes that contains a public record likely to have a negative effect on the consumer shall either notify the consumer of the report , or make sure that the agency has maintained strict procedures to assure the information is complete and up to date.  This section mirrors the FCRA 15 USC §1681k.

Contact SmithMarco, P.C., Today

If you have an error or inaccurate information on your credit report, there are actions that you can take. Contact SmithMarco, P.C., today for a completely free case review.