Rapid Rescore: Who pays?

[Jacob Chaney]

Working on a cash out refinance for two investment properties in DC. Credit agencies aren't reporting correct revolving credit line balances/utilization and lender is suggesting rapid rescore to increase fico. 

There's a debate about who pays for this. There are many places online that state that it is illegal to charge consumer for rapid rescore per the Fair Credit Reporting Act. (See https://nationalmortgageprofessional.com/blog/charging-consumer-rapid-rescore)

In your experience, who historically pays for a rapid rescore?