Legal Procedure for Correction of Errors in the Reports

CHAPTER IV OF THE LAW REGULATING CREDIT INFORMATION BUSINESSES AND PROTECTION OF THE OWNER OF INFORMATION

PROCEDURE TO CLAIM A MODIFICATION, CORRECTION, AND CANCELLATION OF INFORMATION ABOUT THE OWNER

Article 20. When Consumers are not in agreement with the information contained in a report coming from a BIC, they can present a claim. This claim must be presented by means of a petition or a bailiff's act, certified by the BIC, to the BIC´s specialized unit, attaching a copy of the report, formally obtained by the Consumer in the BIC specialized Unit, which clearly indicates the records recording the information objected to, as well as copies of the documentation on which their disagreement is based. In the event that they do not have the corresponding documentation, they must explain this situation in the document that they use to present their claim.

Paragraph I. The BICs will not be obligated to process claims about information contained in the records which have been the object of a prior claim, regarding which the Procedure for Claims provided for in the present Chapter has been followed.

Article 21. The BIC must deliver the claim presented by the Client or Consumer to the specialized unit of the Financial Intermediation Entities, or in the case of Economic Agents, to the persons they designate to be in charge for those ends, within a term period of fifteen working days, as of the date on which the BIC received it. The Data Providers in question must respond in writing to the claim presented by the Client or Consumer, within the term period provided for in the following Article.

Paragraph I. Once the BID notifies the claim in writing to the respective Data Contributor, it must include in the record in question the legend: "Record Disputed," which will not be eliminated until the process contained in the present Chapter has been concluded.

Article 22. If the specialized units of the Financial Intermediation Entities, or in the case of Economic Agents, of those they designate as persons responsible for those effects, do not deliver to BIC their reply to the claim presented by the Client or Consumer, within a term period of thirty (30) working days, as of the date when they have received the notification of claim, the BIC must modify or eliminate from its Data Base the information recorded in the record in question, as the Client or Consumer has requested, as well as the legend: "Record Disputed."

Article 23. If the Data Provider totally or partially accepts the contents of the claim presented by the Client or Consumer, the Data Provider must immediately make the appropriate modifications in its Data Base and notify the above to the BIC that has sent it the claim, and send back to the BIC the correction made in its data base.

Paragraph I. In the event that the Data Provider partially accepts what is indicated in the claim, or indicates that same is not in order, it must state in its reply via petition to the BIC and certified by the latter, the elements that it considered with regard to the claim. The BIC must make available to the Client or Consumer who has presented the claim, a copy of this petition, within the five working days following the date when it receives the response of the Data Provider.

Paragraph II. In the event that the claim presented by the Client or Consumer is rejected by the Data Provider, and the Client or Consumer is not in agreement with the arguments presented by the Data Provider, the BIC is exempt from liability to the Client or Consumer. The BIC may main the registration/record in question with the legend: "Record Disputed," which will not be eliminated until (a) the BIC receives the petition recording that the Data Provider authorizes the BIC to corre

ct the data, obeying the request of the Client or Consumer, or (b) until the BIC is notified of a definitive and irrevocable sentence favoring the Client or Consumer, hearing the conflict between the Client or Consumer and the Data Provider, in which case the BIC will eliminate the legend: "Record Disputed" and must correct the data in a term period no greater than five working days as of the date on which the BIC receives said sentence.

Paragraph III. In the event that the errors which are the object of the claim presented by the Client or Consumer are imputable to the BIC, the latter must correct them in a term period no greater than five working days as of the date on which the BIC receives the response from the Data Provider.

Article 24. the BICs may only include again in their Data Base the information previously contained in the records has been modified or eliminated according to the provisions of the present chapter, when the Data Provider sends it the elements to support, in its judgment, the inclusion again of the disputed information. In that case, the BIC will eliminate the legend: "Record Disputed," and will inform the Consumer of this situation, making available to him the response from the Data Provider, together with a new Credit Report, in a term period of five working days, as of the date when the Data Provider has again included the information disputed by the Consumer, in the information supplied to the BICs.

Paragraph I. The BICs will have no liability whatsoever because of the modifications, inclusions, or eliminations of information or records which they make as part of the claim procedure stipulated by this Chapter. In the development of this procedure, the BICs will be limited to delivering to the Data Providers and to the Consumers the documentation corresponding to each one in the terms of the above articles, and will not be charged with resolving, hearing, or acting as friendly conciliator of the differences that arise between them.

Article 25. In those cases in which the claim results in a modification of the Consumer's information contained in the BIC´s Data Base, the BIC must make available to the Consumer a new Credit Report in the BIC specialized unit.

Article 26. In those cases when the information claimed or disputed comes from a Public Entity as defined in this law, the BIC will receive the claim from the Consumer, with the documents serving as basis, if applicable, and will have available a term period of up to 45 working days to verify with those entities and to correct the information contained in its data base, if applicable.

Article 27. The procedures established in the articles of the present Chapter are of a Public Order regarding their prior compliance, before any action in Justice. Consequently, the Public Ministry, the Courts, Tribunals, and Judgeships of the Republic will not proceed with any type of Judicial Action directed against the Data Providers or the BICs, without the Consumers´ first having complied with the above indicated Claim Procedure, without its case's having been corrected.

Article 28. The Client or Consumer who considers himself affected by information contained in a report coming from a BIC has a term period of one month as of the end of the Claim Procedure stipulated in the present law, to initiate its action in the ordinary courts.

 

In order to facilitate the Legal Procedure for Correction of Errors in the Reports, we make it possible for you to download our Legal Claim Application Form for the Modification, Correction, and Cancellation of Information in a Credit Report, in the following formats:

To see and print the PDF format, you need Adobe Acrobat Reader®

Our offices are located at the following addresses:
In Santo Domingo :
Calle Gaspar Polanco N° 314,
Ensanche Bella Vista, Santo Domingo,
República Dominicana.
809.533.4419
809.532.5178
servicioalcliente.001@datacredito.info
afiliacion.001@datacredito.info
In Santiago :
Avenida Juan Pablo Duarte,
esquina Maimón, Módulo 301,
Plaza Trinitaria, Santiago,
República Dominicana.
809.226.0777
809.724.4721
servicioalcliente.031@datacredito.info
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In Plaza Comercial Megacentro :
Avenida San Vicente de Paul Esquina Carretera Mella,
Primer Nivel, Paseo del Caribe,
Los Mina Norte, Santo Domingo,
República Dominicana.
809.692.1054

ciudadano@datacredito.info
In La Romana :
Avenida Gregorio Luperón N° 4,
Edificio Patio Panatlántico,
1er piso, Local N°. 3, La Romana,
República Dominicana.
809.550.4419
809.550.5578
servicioalcliente.026@datacredito.info
afiliacion.026@datacredito.info

Nota: The Citizen Service Unit in these cities operates inside
the branch office.


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Version of this webpage: 2006.05.15.1
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