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Job Title: Presales or Sales Merchandiser Associate
Industry Code: Wholesale Trade 424000 Non-Durable Goods
Job Code: A9E53-3031(02)
Reports To: Area/Sales Manager
FLSA Status: Exempt
Department: Sales Distribution
Division: Piedmont Cheerwine Bottling
Location: Colfax, NC (Winston Salem, Greensboro/High Point, and Reidsville Areas)
Prepared By/Date: Jill Rufty July 10, 2010
Department of Labor: 53-3031 Drivers/Sales Workers SOC 913
Description: Drive truck or other vehicle over established routes or within an established territory and sell or delivery goods, such as food products, including restaurant take-out items, or pick up or delivery items such as commercial laundry. May also take orders, collect payment, or stock merchandise at point of delivery.
Summary: Services and orders products for customers by performing the following duties.
Essential Duties and Responsibilities include the following. Other duties may be assigned.
Serving customers assigned by ensuring that all deliveries are properly worked by stocking our designated shelves and displays; ensuring that back stock be properly broken down and placed on appropriate pallets, bunkers, or trailers in an organized fashion; gather all shells/flats, pallets to be picked up, and damage or out of date be bundled and placed in pick up area for next delivery; and then review our promotions and new sales orders with the necessary managers at our customer’s location before finalizing the order sheet for the next delivery date.
Communicates issues, problems, or opportunities with sales and delivery team.
Communicates with each account: New product offering(s), sales events/promotions, and display opportunities.
Adheres to daily schedule and insures each account is serviced on a daily basis. Must adapt to any changes in work assignments as well as supporting organizational restructuring efforts.
Inspects and maintains customer’s shelves, end caps, and other allocated space are kept clean and neat.
Audits and pulls out-of-date or damaged products and rotates product in order to maintain the freshest product level possible on a regular basis.
Forecasts sales based on previous sale reports and upcoming promotions/sales to ensure accuracy for our customer and minimize pallet pick-ups.
Follows all company policies and procedures set forth by management.
Competency: To perform the job successfully, an individual should demonstrate the following competencies:
Analytical - Uses intuition and experience to complement data; Demonstrates attention to detail.
Problem Solving - Identifies and resolves problems in a timely manner; Gathers and analyzes information skillfully; Develops alternative solutions; Works well in group problem solving situations; Uses reason even when dealing with emotional topics.
Customer Service - Manages difficult or emotional customer situations; Responds promptly to customer needs; Solicits customer feedback to improve service ; Responds to requests for service and assistance; Meets commitments.
Interpersonal - Focuses on solving conflict, not blaming; Maintains confidentiality; Listens to others without interrupting; Keeps emotions under control; Remains open to others' ideas and tries new things.
Oral Communication - Speaks clearly and persuasively in positive or negative situations; Listens and gets clarification; Responds well to questions; Demonstrates group presentation skills; Participates in meetings.
Team Work – Balances team and individual responsibilities; Exhibits objectively and openness to others’ views; Gives and welcomes feedback; Contributes to building a positive team spirit; Puts success of team above own interests.
Written Communication - Presents numerical data effectively; Able to read and interpret written information.
Quality Management - Looks for ways to improve and promote quality; Demonstrates accuracy and thoroughness.
Business Acumen - Understands business implications of decisions; Displays orientation to profitability; Demonstrates knowledge of market and competition; Aligns work with strategic goals.
Cost Consciousness - Works within approved budget; Develops and implements cost saving measures; Contributes to profits and revenue ; Conserves organizational resources.
Diversity - Demonstrates knowledge of EEO policy; Shows respect and sensitivity for cultural differences.
Ethics - Treats people with respect; Keeps commitments; Inspires the trust of others; Works with integrity and ethically; Upholds organizational values.
Organizational Support - Follows policies and procedures; Completes administrative tasks correctly and on time; Supports organization's goals and values; Benefits organization through outside activities; Supports affirmative action and respects diversity.
Strategic Thinking - Identifies external threats and opportunities; Adapts strategy to changing conditions.
Adaptability - Adapts to changes in the work environment; Changes approach or method to best fit the situation; Able to deal with frequent change, delays, or unexpected events.
Attendance/Punctuality - Is consistently at work and on time; Ensures work responsibilities are covered when absent; Arrives at meetings and appointments on time.
Dependability - Follows instructions, responds to management direction; Takes responsibility for own actions; Keeps commitments; Commits to long hours of work when necessary to reach goals; Completes tasks on time or notifies appropriate person with an alternate plan.
Initiative - Asks for and offers help when needed.
Judgment - Includes appropriate people in decision-making process; Makes timely decisions.
Motivation - Sets and achieves challenging goals; Demonstrates persistence and overcomes obstacles.
Planning/Organizing - Uses time efficiently.
Professionalism - Approaches others in a tactful manner; Reacts well under pressure; Treats others with respect and consideration regardless of their status or position; Accepts responsibility for own actions; Follows through on commitments.
Quality - Demonstrates accuracy and thoroughness; Looks for ways to improve and promote quality; Applies feedback to improve performance; Monitors own work to ensure quality.
Quantity - Meets productivity standards; Completes work in timely manner; Strives to increase productivity; Works quickly.
Safety and Security - Observes safety and security procedures; Determines appropriate action beyond guidelines; Reports potentially unsafe conditions ; Uses equipment and materials properly.
Qualifications: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Education/Experience: High school diploma or general education degree (GED); or one to three months related experience and/or training; or equivalent combination of education and experience.
Language Ability: Ability to read and interpret documents such as safety rules, operating and maintenance instructions, and procedure manuals. Ability to speak effectively before groups of customers or employees of organization.
Math Ability: Ability to calculate figures and amounts such as discounts, interest, commissions, proportions, percentages, area, circumference, and volume. Ability to apply concepts of basic algebra and geometry.
Reasoning Ability: Ability to solve practical problems and deal with a variety of concrete variables in situations where only limited standardization exists. Ability to interpret a variety of instructions furnished in written, oral, diagram, or schedule form.
Computer Skills: To perform this job successfully, an individual should have knowledge of Simas Handhelds database software.
Certificates and Licenses: Valid driver’s license meeting acceptable criteria.
Work Environment: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is occasionally exposed to outdoor weather conditions.
The noise level in the work environment is usually moderate.
Physical Demands: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
The employee must frequently lift and/or move up to 50 pounds and occasionally life and/or move more than 100 pounds using an electric pallet jack or cart. Specific vision abilities required by this job include Close vision, Distance vision, Peripheral vision, Depth perception and Ability to adjust focus. While performing the duties of this Job, the employee is regularly required to use hands to finger, handle, or feel; reach with hands and arms and talk or hear. The employee is frequently required to stand; walk; sit and stoop, kneel, crouch, or crawl. The employee is occasionally required to climb or balance.
Background Requirements: Employee must pass background check, motor vehicle driver check, drug screen, and agility test.
All users of consumer reports must comply with all applicable regulations, including regulations
promulgated after this notice was first prescribed in 2004. Information about applicable regulations
currently in effect can be found at the Consumer Financial Protection Bureau’s website,
NOTICE TO USERS OF CONSUMER REPORTS:
OBLIGATIONS OF USERS UNDER THE FCRA
The Fair Credit Reporting Act (FCRA), 15 U.S.C. §1681-1681y, requires that this notice be provided to inform users of
consumer reports of their legal obligations. State law may impose additional requirements. The text of the FCRA is
set forth in full at the Bureau of Consumer Financial Protection’s website at www.consumerfinance.gov/learnmore.
At the end of this document is a list of United States Code citations for the FCRA. Other information about user
duties is also available at the Bureau’s website. Users must consult the relevant provisions of the FCRA for
details about their obligations under the FCRA.
The first section of this summary sets forth the responsibilities imposed by the FCRA on all users of consumer
reports. The subsequent sections discuss the duties of users of reports that contain specific types of information, or
that are used for certain purposes, and the legal consequences of violations. If you are a furnisher of information to
a consumer reporting agency (CRA), you have additional obligations and will receive a separate notice from the CRA
describing your duties as a furnisher.
I. OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS
A. Users Must Have a Permissible Purpose
Congress has limited the use of consumer reports to protect consumers’ privacy. All users must have a permissible
purpose under the FCRA to obtain a consumer report. Section 604 contains a list of the permissible purposes under
the law. These are:
• As ordered by a court or a federal grand jury subpoena. Section 604(a)(1)
• As instructed by the consumer in writing. Section 604(a)(2)
• For the extension of credit as a result of an application from a consumer, or the review or collection of a
consumer’s account. Section 604(a)(3)(A)
• For employment purposes, including hiring and promotion decisions, where the consumer has given
written permission. Sections 604(a)(3)(B) and 604(b)
• For the underwriting of insurance as a result of an application from a consumer. Section 604(a)(3)(C)
• When there is a legitimate business need, in connection with a business transaction that is initiated by the
consumer. Section 604(a)(3)(F)(i)
• To review a consumer’s account to determine whether the consumer continues to meet the terms of the
account. Section 604(a)(3)(F)(ii)
• To determine a consumer’s eligibility for a license or other benefit granted by a governmental
instrumentality required by law to consider an applicant’s financial responsibility or status. Section
• For use by a potential investor or servicer, or current insurer, in a valuation or assessment of the credit or
prepayment risks associated with an existing credit obligation. Section 604(a)(3)(E)
• For use by state and local officials in connection with the determination of child support payments, or
modifications and enforcement thereof. Sections 604(a)(4) and 604(a)(5)
In addition, creditors and insurers may obtain certain consumer report information for the purpose of making
“prescreened” unsolicited offers of credit or insurance. Section 604(c). The particular obligations of users of
“prescreened” information are described in Section VII below.
B. Users Must Provide Certifications
Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting agency (CRA)
unless the person has certified to the CRA the permissible purpose(s) for which the report is being obtained and
certifies that the report will not be used for any other purpose.
C. Users Must Notify Consumers When Adverse Actions Are Taken
The term “adverse action” is defined very broadly by Section 603. “Adverse actions” include all business, credit, and
employment actions affecting consumers that can be considered to have a negative impact as defined by Section
603(k) of the FCRA – such as denying or canceling credit or insurance, or denying employment or promotion. No
adverse action occurs in a credit transaction where the creditor makes a counteroffer that is accepted by the
1. Adverse Actions Based on Information Obtained From a CRA
If a user takes any type of adverse action as defined by the FCRA that is based at least in part on information
contained in a consumer report, Section 615(a) requires the user to notify the consumer. The notification may be
done in writing, orally, or by electronic means. It must include the following:
• The name, address, and telephone number of the CRA (including a toll-free telephone number, if it is a
nationwide CRA) that provided the report.
• A statement that the CRA did not make the adverse decision and is not able to explain why the decision
• A statement setting forth the consumer’s right to obtain a free disclosure of the consumer’s file from the
CRA if the consumer makes a request within 60 days.
• A statement setting forth the consumer’s right to dispute directly with the CRA the accuracy or
completeness of any information provided by the CRA.
2. Adverse Actions Based on Information Obtained From Third Parties Who Are Not Consumer
If a person denies (or increases the charge for) credit for personal, family, or household purposes based either
wholly or partly upon information from a person other than a CRA, and the information is the type of consumer
information covered by the FCRA, Section 615(b)(1) requires that the user clearly and accurately disclose to the
consumer his or her right to be told the nature of the information that was relied upon if the consumer makes a
written request within 60 days of notification. The user must provide the disclosure within a reasonable period of
time following the consumer’s written request.
3. Adverse Actions Based on Information Obtained From Affiliates
If a person takes an adverse action involving insurance, employment, or a credit transaction initiated by the
consumer, based on information of the type covered by the FCRA, and this information was obtained from an entity
affiliated with the user of the information by common ownership or control, Section 615(b)(2) requires the user to
notify the consumer of the adverse action. The notice must inform the consumer that he or she may obtain a
disclosure of the nature of the information relied upon by making a written request within 60 days of receiving the
adverse action notice. If the consumer makes such a request, the user must disclose the nature of the information
not later than 30 days after receiving the request. If consumer report information is shared among affiliates and
then used for an adverse action, the user must make an adverse action disclosure as set forth in I.C.1 above.
D. Users Have Obligations When Fraud and Active Duty Military Alerts are in Files
When a consumer has placed a fraud alert, including one relating to identify theft, or an active duty military alert
with a nationwide consumer reporting agency as defined in Section 603(p) and resellers, Section 605A(h) imposes
limitations on users of reports obtained from the consumer reporting agency in certain circumstances, including the
establishment of a new credit plan and the issuance of additional credit cards. For initial fraud alerts and active duty
alerts, the user must have reasonable policies and procedures in place to form a belief that the user knows the
identity of the applicant or contact the consumer at a telephone number specified by the consumer; in the case of
extended fraud alerts, the user must contact the consumer in accordance with the contact information provided in
the consumer’s alert.
E. Users Have Obligations When Notified of an Address Discrepancy
Section 605(h) requires nationwide CRAs, as defined in Section 603(p), to notify users that request reports when the
address for a consumer provided by the user in requesting the report is substantially different from the addresses in
the consumer’s file. When this occurs, users must comply with regulations specifying the procedures to be followed,
which will be issued by the Consumer Financial Protection Bureau and the banking and credit union regulators.
The Consumer Financial Protection Bureau regulations will be available at www.consumerfinance.gov/learnmore/.
F. Users Have Obligations When Disposing of Records
Section 628 requires that all users of consumer report information have in place procedures to properly dispose of
records containing this information. The Consumer Financial Protection Bureau, the Securities and Exchange
Commission, and the banking and credit union regulators have issued regulations covering disposal. The Consumer
Financial Protection Bureau regulations may be found at www.consumerfinance.gov/learnmore/.
II. CREDITORS MUST MAKE ADDITIONAL DISCLOSURES
If a person uses a consumer report in connection with an application for, or a grant, extension, or provision of, credit
to a consumer on material terms that are materially less favorable than the most favorable terms available to a
substantial proportion of consumers from or through that person, based in whole or in part on a consumer report,
the person must provide a risk-based pricing notice to the consumer in accordance with regulations prescribed by the
Consumer Financial Protection Bureau.
Section 609(g) requires a disclosure by all persons that make or arrange loans secured by residential real property
(one to four units) and that use credit scores. These persons must provide credit scores and other information about
credit scores to applicants, including the disclosure set forth in Section 609(g)(1)(D) (“Notice to the Home Loan
III. OBLIGATIONS OF USERS WHEN CONSUMER REPORTS ARE OBTAINED FOR EMPLOYMENT
A. Employment Other Than in the Trucking Industry
If the information from a CRA is used for employment purposes, the user has specific duties, which are set forth in
Section 604(b) of the FCRA. The user must:
• Make a clear and conspicuous written disclosure to the consumer before the report is obtained, in a
document that consists solely of the disclosure, that a consumer report may be obtained.
• Obtain from the consumer prior written authorization. Authorization to access reports during the term of
employment may be obtained at the time of employment.
• Certify to the CRA that the above steps have been followed, that the information being obtained will not
be used in violation of any federal or state equal opportunity law or regulation, and that, if any adverse
action is to be taken based on the consumer report, a copy of the report and a summary of the consumer’s
rights will be provided to the consumer.
Before taking an adverse action, the user must provide a copy of the report to the consumer as well as
the summary of consumer’s rights (The user should receive this summary from the CRA.) A Section 615(a)
adverse action notice should be sent after the adverse action is taken.
An adverse action notice also is required in employment situations if credit information (other than transactions and
experience data) obtained from an affiliate is used to deny employment. Section 615(b)(2).
The procedures for investigative consumer reports and employee misconduct investigations are set forth below.
B. Employment in the Trucking Industry
Special rules apply for truck drivers where the only interaction between the consumer and the potential employer is
by mail, telephone, or computer. In this case, the consumer may provide consent orally or electronically, and an
adverse action may be made orally, in writing, or electronically. The consumer may obtain a copy of any report
relied upon by the trucking company by contacting the company.
IV. OBLIGATIONS WHEN INVESTIGATIVE CONSUMER REPORTS ARE USED
Investigative consumer reports are a special type of consumer report in which information about a consumer’s
character, general reputation, personal characteristics, and mode of living is obtained through personal interviews by
an entity or person that is a consumer reporting agency. Consumers who are the subjects of such reports are given
special rights under the FCRA. If a user intends to obtain an investigative consumer report, Section 606 requires the
• The user must disclose to the consumer that an investigative consumer report may be obtained. This
must be done in a written disclosure that is mailed, or otherwise delivered, to the consumer at some time
before or not later than three days after the date on which the report was first requested. The disclosure
must include a statement informing the consumer of his or her right to request additional disclosures of the
nature and scope of the investigation as described below, and the summary of consumer rights required by
Section 609 of the FCRA. (The summary of consumer rights will be provided by the CRA that conducts the
• The user must certify to the CRA that the disclosures set forth above have been made and that the user
will make the disclosure described below.
• Upon the written request of a consumer made within a reasonable period of time after the disclosures
required above, the user must make a complete disclosure of the nature and scope of the investigation.
This must be made in a written statement that is mailed or otherwise delivered, to the consumer no later
than five days after the date on which the request was received from the consumer or the report was first
requested, whichever is later in time.
V. SPECIAL PROCEDURES FOR EMPLOYMEE INVESTIGATIONS
Section 603(x) provides special procedures for investigations of suspected misconduct by an employee or for
compliance with Federal, state or local laws and regulations or the rules of a self-regulatory organization, and
compliance with written policies of the employer. These investigations are not treated as consumer reports so long
as the employer or its agent complies with the procedures set forth in Section 603(x), and a summary describing the
nature and scope of the inquiry is made to the employee if an adverse action is taken based on the investigation.
VI. OBLIGATIONS OF USERS OF MEDICAL INFORMATION
Section 604(g) limits the use of medical information obtained from consumer reporting agencies (other than payment
information that appears in a coded form that does not identify the medical provider). If the information is to be
used for an insurance transaction, the consumer must give consent to the user of the report or the information must
be coded. If the report is to be used for employment purposes – or in connection with a credit transaction (except
as provided in regulations issued by the banking and credit union regulators) – the consumer must provide specific
written consent and the medical information must be relevant. Any user who receives medical information shall not
disclose the information to any other person (except where necessary to carry out the purpose for which the
information was disclosed, or a permitted by statute, regulation, or order).
VII. OBLIGATIONS OF USERS OF “PRESCREENED” LISTS
The FCRA permits creditors and insurers to obtain limited consumer report information for use in connection with
unsolicited offers of credit or insurance under certain circumstances. Sections 603(1), 604(c), 604(e), and 614(d).
This practice is known as “prescreening” and typically involves obtaining a list of consumers from a CRA who meet
certain preestablished criteria. If any person intends to use prescreened lists, that person must (1) before the offer
is made, establish the criteria that will be relied upon to make the offer and grant credit or insurance, and (2)
maintain such criteria on file for a three-year period beginning on the date on which the offer is made to each
consumer. In addition, any user must provide with each written solicitation a clear and conspicuous statement that:
• Information contained in a consumer’s CRA file was used in connection with the transaction.
• The consumer received the offer because he or she satisfied the criteria for credit worthiness or
insurability used to screen for the offer.
• Credit or insurance may not be extended if, after the consumer responds, it is determined that the
consumer does not meet the criteria used for screening or any applicable criteria bearing on credit
worthiness or insurability, or the consumer does not furnish required collateral.
The consumer may prohibit the use of information in his or her file in connection with future prescreened
offers of credit or insurance by contacting the notification system established by the CRA that provided the
report. The statement must include the address and toll-free telephone number of the appropriate
In addition, the Consumer Financial Protection Bureau has established the format, type size, and manner of the
disclosure required by Section 615(d), with which users must comply. The regulation is 12 CFR 1022.54.
VIII. OBLIGATIONS OF RESELLERS
A. Disclosure and Certification Requirements
Section 607(e) requires any person who obtains a consumer report for resale to take the following steps:
• Disclose the identity of the end-user to the source CRA.
• Identify to the source CRA each permissible purpose for which the report will be furnished to the end-user.
• Establish and follow reasonable procedures to ensure that reports are resold only for permissible
purposes, including procedures to obtain:
(1) the identify of all end-users;
(2) certifications from all users of each purpose for which reports will be used; and
(3) certifications that reports will not be used for any purpose other than the purpose(s) specified to the
reseller. Resellers must make reasonable efforts to verify this information before selling the report.
B. Reinvestigations by Resellers
Under Section 611(f), if a consumer disputes the accuracy or completeness of information in a report prepared by a
reseller, the reseller must determine whether this is a result of an action or omission on its part and, if so, correct or
delete the information. If not, the reseller must send the dispute to the source CRA for reinvestigation. When any
CRA notifies the reseller of the results of an investigation, the reseller must immediately convey the information to
C. Fraud Alerts and Resellers
Section 605A(f) requires resellers who receive fraud alerts or active duty alerts from another consumer reporting
agency to include these in their reports.
IX. LIABILITY FOR VIOLATIONS OF THE FCRA
Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well
as private lawsuits. Sections 616, 617, and 621. In addition, any person who knowingly and willfully obtains a
consumer report under false pretenses may face criminal prosecution. Section 619.
The Consumer Financial Protection Bureau website, www.consumerfinance.gov/learnmore, has more
information about the FCRA.
Citations for FCRA sections in the U.S. Code, 15 U.S.C. § 1618 et seq.:
15 U.S.C. 1681
15 U.S.C. 1681a
Section 604 15 U.S.C. 1681b
Section 605 15 U.S.C. 1681c
Section 605A 15 U.S.C. 1681c-1
Section 605B 15 U.S.C. 1681c-2
Section 606 15 U.S.C. 1681d
Section 607 15 U.S.C. 1681e
Section 608 15 U.S.C. 1681f
Section 609 15 U.S.C. 1681g
Section 610 15 U.S.C. 1681h
Section 611 15 U.S.C. 1681i
Section 612 15 U.S.C. 1681j
Section 613 15 U.S.C. 1681k
Section 614 15 U.S.C. 1681l
Section 615 15 U.S.C. 1681m
Section 616 15 U.S.C. 1681n
Section 617 15 U.S.C. 1681o
Section 618 15 U.S.C. 1681p
Section 619 15 U.S.C. 1681q
Section 620 15 U.S.C. 1681r
Section 621 15 U.S.C. 1681s
Section 622 15 U.S.C. 1681s-1
Section 623 15 U.S.C. 1681s-2
Section 624 15 U.S.C. 1681t
Section 625 15 U.S.C. 1681u
Section 626 15 U.S.C. 1681v
Section 627 15 U.S.C. 1681w
Section 628 15 U.S.C. 1681x
Section 629 15 U.S.C. 1681y
All furnishers of consumer reports must comply with all applicable regulations, including regulations
promulgated after this notice was first prescribed in 2004. Information about applicable regulations
currently in effect can be found at the Consumer Financial Protection Bureau’s website,
NOTICE TO FURNISHERS OF INFORMATION:
OBLIGATIONS OF FURNISHERS UNDER THE FCRA
The federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681-1681y, imposes responsibilities on all persons who
furnish information to consumer reporting agencies (CRAs). These responsibilities are found in Section 623 of the
FCRA, 15 U.S.C. § 1681s-2. State law may impose additional requirements on furnishers. All furnishers of
information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to
ensure that they are in compliance. The text of the FCRA is set forth in full at the Bureau of Consumer Financial
Protection’s website at www.consumerfinance.gov/learnmore. A list of the sections of the FCRA cross-referenced to
the U.S. Code is at the end of this document.
Section 623 imposes the following duties:
The banking and credit union regulators and the CFPB will promulgate guidelines and regulations dealing with the
accuracy of information provided to CRAs by furnishers. The regulations and guidelines issued by the CFPB will be
available at www.consumerfinance.gov/learnmore when they are issued. Section 623(e).
General Prohibition on Reporting Inaccurate Information
The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable
cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and
conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is
inaccurate. Sections 623(a)(1)(A) and (a)(1)(C).
Duty to Correct and Update Information
If at any time a person who regularly and in the ordinary course of business furnishes information to one or more
CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide
complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the
information of any corrections, and must thereafter report only the complete and accurate information. Section
Duties After Notice of Dispute from Consumer
If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information
is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information
to CRAs. Section 623(a)(1)(B).
If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information
reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing
notice of the dispute. Section 623(a)(3).
The federal banking and credit union regulators and the CFPB will issue regulations that will identify when an
information furnisher must investigate a dispute made directly to the furnisher by a consumer. Once these
regulations are issued, furnishers must comply with them and complete an investigation within 30 days (or 45 days,
if the consumer later provides relevant additional information) unless the dispute is frivolous or irrelevant or comes
from a “credit repair organization.” The CFPB regulations will be available at www.consumerfinance.gov. Section
Duties After Notice of Dispute from Consumer Reporting Agency
If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the
furnisher, the furnisher has a duty to follow certain procedures. The furnisher must:
Conduct an investigation and review all relevant information provided by the CRA, including information
given to the CRA by the consumer. Sections 623(b)(1)(A) and (b)(1)(B).
Report the results to the CRA that referred the dispute, and, if the investigation establishes that the
information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher
provided the information that compile and maintain files on a nationwide basis. Sections 623(b)(1)(C) and
Complete the above steps within 30 days from the date the CRA receives the dispute (or 45 days, if the
consumer later provides relevant additional information to the CRA). Section 623(b)(2).
Promptly modify or delete the information, or block its reporting. Section 623(b)(1)(E).
Duty to Report Voluntary Closing of Credit Accounts
If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business
furnishes information to one or more CRAs must report this fact when it provides information to CRAs for the time
period in which the account was closed. Section 623(a)(4).
Duty to Report Dates of Delinquencies
If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or
subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with
the month and the year of the commencement of the delinquency that immediately preceded the action, so that the
agency will know how long to keep the information in the consumer’s file. Section 623(a)(5).
Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that
reports information to CRAs may comply with the requirements of Section 623(a)(5) (until there is a consumer
dispute) by reporting the same delinquency date previously reported by the creditor. If the creditor did not report
this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency
dates, or, if a delinquency date cannot be reasonably obtained, by following reasonable procedures to ensure that
the date reported precedes the date when the account was placed for collection, charged to profit or loss, or
subjected to any similar action. Section 623(a)(5).
Duties of Financial Institutions When Reporting Negative Information
Financial institutions that furnish information to “nationwide” consumer reporting agencies, as defined in Section
603(p), must notify consumers in writing if they may furnish or have furnished negative information to a CRA.
Section 623(a)(7). The Consumer Financial Protection Bureau has prescribed model disclosures, 12 CFR Part 1022,
Duties When Furnishing Medical Information
A furnisher whose primary business is providing medical services, products, or devices (and such furnisher’s agents
or assignees) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it
reports of this fact. Section 623(a)(9). This notice will enable CRAs to comply with their duties under Section 604(g)
when reporting medical information.
Duties when ID Theft Occurs
All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information
furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not
furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently
knows or is informed by the consumer that the information is correct. Section 623(a)(6). If a furnisher learns that it
has furnished inaccurate information due to identity theft, it must notify each consumer reporting agency of the
correct information and must thereafter report only complete and accurate information. Section 623(a)(2). When
any furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted
from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited
circumstances. Section 615(f).
The Consumer Financial Protection Bureau website, www.consumerfinance.gov/learnmore, has more
information about the FCRA.
Citations for FCRA sections in the U.S. Code, 15 U.S.C. § 1681 et seq.:
15 U.S.C. 1681 Section 615 15 U.S.C. 1681m
Section 603 15 U.S.C. 1681a Section 616 15 U.S.C. 1681n
Section 604 15 U.S.C. 1681b Section 617 15 U.S.C. 1681o
Section 605 15 U.S.C. 1681c Section 618 15 U.S.C. 1681p
Section 605A 15 U.S.C. 1681c-1 Section 619 15 U.S.C. 1681q
Section 605B 15 U.S.C. 1681c-2 Section 620 15 U.S.C. 1681r
Section 606 15 U.S.C. 1681d Section 621 15 U.S.C. 1681s
Section 607 15 U.S.C. 1681e Section 622 15 U.S.C. 1681s-1
Section 608 15 U.S.C. 1681f Section 623 15 U.S.C. 1681s-2
Section 609 15 U.S.C. 1681g Section 624 15 U.S.C. 1681t
Section 610 15 U.S.C. 1681h Section 625 15 U.S.C. 1681u
Section 611 15 U.S.C. 1681i Section 626 15 U.S.C. 1681v
Section 612 15 U.S.C. 1681j Section 627 15 U.S.C. 1681w
Section 613 15 U.S.C. 1681k Section 628 15 U.S.C. 1681x
Section 614 15 U.S.C. 1681l Section 629 15 U.S.C. 1681y
Para informacion en espanol, visite www.consumerfinance.gov/learnmore o escribe a la
Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20006.
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of
information in the files of consumer reporting agencies. There are many types of consumer
reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell
information about check writing histories, medical records, and rental history records). Here is a
summary of your major rights under the FCRA. For more information, including information
about additional rights, go to www.consumerfinance.gov/learnmore or write to: Consumer
Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20006.
• You must be told if information in your file has been used against you. Anyone who uses a
credit report or another type of consumer report to deny your application for credit, insurance, or
employment – or to take another adverse action against you – must tell you, and must give you
the name, address, and phone number of the agency that provided the information.
• You have the right to know what is in your file. You may request and obtain all the
information about you in the files of a consumer reporting agency (your “file disclosure”). You
will be required to provide proper identification, which may include your Social Security
number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if:
• a person has taken adverse action against you because of information in your credit report;
• you are the victim of identify theft and place a fraud alert in your file;
• your file contains inaccurate information as a result of fraud;
• you are on public assistance;
• you are unemployed but expect to apply for employment within 60 days.
In addition, all consumers are entitled to one free disclosure every 12 months upon request from
each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See
www.consumerfinance.gov/learnmore for additional information.
• You have the right to ask for a credit score. Credit scores are numerical summaries of your
credit-worthiness based on information from credit bureaus. You may request a credit score
from consumer reporting agencies that create scores or distribute scores used in residential real
property loans, but you will have to pay for it. In some mortgage transactions, you will receive
credit score information for free from the mortgage lender.
• You have the right to dispute incomplete or inaccurate information. If you identify
information in your file that is incomplete or inaccurate, and report it to the consumer
reporting agency, the agency must investigate unless your dispute is frivolous. See
www.consumerfinance.gov/learnmore for an explanation of dispute procedures.
• Consumer reporting agencies must correct or delete inaccurate, incomplete, or
unverifiable information. Inaccurate, incomplete or unverifiable information must be removed
or corrected, usually within 30 days. However, a consumer reporting agency may continue to
report information it has verified as accurate.
• Consumer reporting agencies may not report outdated negative information. In most
cases, a consumer reporting agency may not report negative information that is more than seven
years old, or bankruptcies that are more than 10 years old.
• Access to your file is limited. A consumer reporting agency may provide information about
you only to people with a valid need – usually to consider an application with a creditor, insurer,
employer, landlord, or other business. The FCRA specifies those with a valid need for access.
• You must give your consent for reports to be provided to employers. A consumer reporting
agency may not give out information about you to your employer, or a potential employer,
without your written consent given to the employer. Written consent generally is not required in
the trucking industry. For more information, go to www.consumerfinance.gov/learnmore.
• You may limit “prescreened” offers of credit and insurance you get based on information
in your credit report. Unsolicited “prescreened” offers for credit and insurance must include a
toll-free phone number you can call if you choose to remove your name and address from the
lists these offers are based on. You may opt-out with the nationwide credit bureaus at 1-888-567-
• You may seek damages from violators. If a consumer reporting agency, or, in some cases, a
user of consumer reports or a furnisher of information to a consumer reporting agency violates
the FCRA, you may be able to sue in state or federal court.
• Identity theft victims and active duty military personnel have additional rights. For more
information, visit www.consumerfinance.gov/learnmore.
States may enforce the FCRA, and many states have their own consumer reporting laws.
In some cases, you may have more rights under state law. For more information, contact
your state or local consumer protection agency or your state Attorney General. For
information about your federal rights, contact:
TYPE OF BUSINESS: CONTACT:
1.a. Banks, savings associations, and credit unions with total assets of
over $10 billion and their affiliates.
b. Such affiliates that are not banks, savings associations, or credit
unions also should list, in addition to the Bureau:
a. Bureau of Consumer Financial Protection
1700 G Street NW
Washington, DC 20006
b. Federal Trade Commission: Consumer Response Center – FCRA
Washington, DC 20580
2. To the extent not included in item 1 above:
a. National banks, federal savings associations, and federal branches
and federal agencies of foreign banks
b. State member banks, branches and agencies of foreign banks (other
than federal branches, federal agencies, and insured state branches of
foreign banks), commercial lending companies owned or controlled by
foreign banks, and organizations operating under section 25 or 25A of the
Federal Reserve Act
c. Nonmember Insured Banks, Insured State Branches of Foreign
Banks, and insured state savings associations
d. Federal Credit Unions
a. Office of the Comptroller of the Currency
Customer Assistance Group
1301 McKinney Street, Suite 3450
Houston, TX 77010-9050
b. Federal Reserve Consumer Help Center
P.O. Box 1200
Minneapolis, MN 55480
c. FDIC Consumer Response Center
1100 Walnut Street, Box #11
Kansas City, MO 64106
d. National Credit Union Administration
Office of Consumer Protection (OCP)
Division of Consumer Compliance and Outreach (DCCO)
1775 Duke Street
Alexandria, VA 22314
3. Air carriers Asst. General Counsel for Aviation Enforcement & Proceedings
Department of Transportation
400 Seventh Street SW
Washington, DC 20590
4. Creditors Subject to Surface Transportation Board Office of Proceedings, Surface Transportation Board
Department of Transportation
1925 K Street NW
Washington, DC 20423
5. Creditors Subject to Packers and Stockyards Act
Nearest Packers and Stockyards Administration area supervisor
6. Small Business Investment Companies Associate Deputy Administrator for Capital Access
United States Small Business Administration
406 Third Street, SW, 8th Floor
Washington, DC 20416
7. Brokers and Dealers Securities and Exchange Commission
100 F St NE
Washington, DC 20549
8. Federal Land Banks, Federal Land Bank Associations, Federal
Intermediate Credit Banks, and Production Credit Associations
Farm Credit Administration
1501 Farm Credit Drive
McLean, VA 22102-5090
9. Retailers, Finance Companies, and All Other Creditors Not Listed
FTC Regional Office for region in which the creditor operates or
Federal Trade Commission: Consumer Response Center – FCRA
Washington, DC 20580