Fair Credit
Reporting Act
15 U.S.C § 1681


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A
the format of the U.S. Code as published by the Government Printing Office,
s a public service, the staff of the Federal Trade Commission (FTC) has
prepared the following complete text of the Fair Credit Reporting Act
(FCRA), 15 U.S.C. §
1681 et seq. Although staff generally followed
the format of this text does differ in minor ways from the Code (and from
West’s U.S. Code Annotated). For example, this version uses FCRA section
numbers (§§ 601-629) in the headings. (The relevant U.S. Code citation is
included with each section heading and each reference to the FCRA in the text.)
Although the staff has made every effort to transcribe the statutory material ac-
curately, this compendium is intended only as a convenience for the public and
not a substitute for the text in the U.S. Code.
This version of the FCRA includes the amendments to the FCRA set forth in
the Consumer Credit Reporting Reform Act of 1996 (Public Law 104-208,
the Omnibus Consolidated Appropriations Act for Fiscal Year 1997, Title II,
Subtitle D, Chapter 1), Section 311 of the Intelligence Authorization for Fis-
cal Year 1998 (Public Law 105-107), the Consumer Reporting Employment
Clarification Act of 1998 (Public Law 105-347), Section 506 of the Gramm-
Leach-Bliley Act (Public Law 106-102), Sections 358(g) and 505(c) of the
Uniting and Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act) (Public
Law 107-56), the Fair and Accurate Credit Transactions Act of 2003 (FACT
Act) (Public Law 108-159), Section 719 of the Financial Services Regulatory
Relief Act of 2006 (Public Law 109-351), Section 743 (Div. D, Title VII) of
the Consolidated Appropriations Act of 2008 (Public Law 110-161), the Credit
and Debit Card Receipt Clarification Act of 2007 (Public Law 110-241), and
Sections 205 and 302 of the Credit Card Accountability Responsibility and
Disclosure (CARD) Act of 2009 (Public Law 111-24), the Consumer Financial
Protection Act of 2010 (CFPA) (Title X of the Dodd-Frank Wall Street Reform
and Consumer Protection Act, Public Law 111-203), and the Red Flag Program
Clarification Act of 2010 (Public Law 111-203). The Commission website
posted this document on September 1, 2011.
The provisions added to the FCRA by the FACT Act became effective at differ-
ent times. In some cases, the provision includes its own effective date. In other
cases, the FACT Act provides that the effective dates be prescribed by the FTC
and Federal Reserve Board. See 16 CFR Part 602 (69 Fed. Reg. 6526; Febru-
ary 11, 2004) (69 Fed. Reg. 29061; May 20, 2004).
The provisions added to the FCRA by the CFPA became effective on July 21,
2011, the “designated transfer date” on which the Bureau of Consumer Finan-
cial Protection assumed certain duties specified by the CFPA. See 75 Fed. Reg.
57252 (Sept. 20, 2010).

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Contents
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . .
. . . . . . . . . . . . . . .
605A.
§ 601.
§ 602.
§ 603.
§ 604.
§ 605.
§
§ 605B.
§ 606.
§ 607.
§ 608.
§ 609.
§ 610.
§ 611.
§ 612.
§ 613.
§ 614.
§ 615.
§ 616.
§ 617.
§ 618.
§ 619.
§ 620.
§ 621.
§ 622.
§ 623.
§ 624.
§ 625.
§ 626.
§ 627.
§ 628.
§ 629.
Short title
Congressional findings and statement of purpose [15 U.S.C. § 1681]
Definitions; rules of construction [15 U.S.C. § 1681a]
Permissible purposes of consumer reports [15 U.S.C. § 1681b] . . . . . . . .
Requirements relating to information contained in consumer reports
[15 U.S.C. § 1681c] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Identity theft prevention; fraud alerts and active duty alerts
[15 U.S.C. § 1681c-1] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Block of information resulting from identity theft [15 U.S.C. § 1681c-2] . .
Disclosure of investigative consumer reports [15 U.S.C. § 1681d] . . . . . .
Compliance procedures [15 U.S.C. § 1681e] . . . . . . . . . . . . . . . . . . . .
Disclosures to governmental agencies [15 U.S.C. § 1681f] . . . . . . . . . . .
Disclosures to consumers [15 U.S.C. § 1681g]. . . . . . . . . . . . . . . . . . .
Conditions and form of disclosure to consumers [15 U.S.C. § 1681h] . . . .
Procedure in case of disputed accuracy [15 U.S.C. § 1681i] . . . . . . . . . .
Charges for certain disclosures [15 U.S.C. § 1681j] . . . . . . . . . . . . . . .
Public record information for employment purposes [15 U.S.C. § 1681k]. .
Restrictions on investigative consumer reports [15 U.S.C. § 1681l]. . . . . .
Requirements on users of consumer reports [15 U.S.C. § 1681m] . . . . . .
Civil liability for willful noncompliance [15 U.S.C. § 1681n] . . . . . . . . .
Civil liability for negligent noncompliance [15 U.S.C. § 1681o]. . . . . . . .
Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p]. . . . . . . .
Obtaining information under false pretenses [15 U.S.C. § 1681q] . . . . . . .
Unauthorized disclosures by officers or employees [15 U.S.C. § 1681r]. . .
Administrative enforcement [15 U.S.C. § 1681s] . . . . . . . . . . . . . . . . .
Information on overdue child support obligations [15 U.S.C. § 1681s-1] . .
Responsibilities of furnishers of information to consumer reporting
agencies [15 U.S.C. § 1681s-2]. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Affiliate sharing [15 U.S.C. § 1681s-3]. . . . . . . . . . . . . . . . . . . . . . . .
Relation to State laws [15 U.S.C. § 1681t]. . . . . . . . . . . . . . . . . . . . . .
Disclosures to FBI for counterintelligence purposes [15 U.S.C. § 1681u] . .
Disclosures to governmental agencies for counterterrorism purposes
[15 U.S.C. § 1681v]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disposal of records [15 U.S.C. § 1681w] . . . . . . . . . . . . . . . . . . . . . .
Corporate and technological circumvention prohibited
[15 U.S.C. § 1681x]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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§ 601.
This title may be cited as the “Fair Credit Reporting Act”.
§ 602.
§ 603.
(a)
(b)
(a)
(b)
(c)
(d)
§ 603 - 15 U.S.C. § 1681a
Short title
Congressional findings and statement of purpose
[15 U.S.C. § 1681]
Accuracy and fairness of credit reporting. The Congress makes the fol-
lowing findings:
(1) The banking system is dependent upon fair and accurate credit report-
ing. Inaccurate credit reports directly impair the efficiency of the
banking system, and unfair credit reporting methods undermine the
public confidence which is essential to the continued functioning of
the banking system.
(2) An elaborate mechanism has been developed for investigating and
evaluating the credit worthiness, credit standing, credit capacity,
character, and general reputation of consumers.
(3) Consumer reporting agencies have assumed a vital role in assembling
and evaluating consumer credit and other information on consumers.
(4) There is a need to insure that consumer reporting agencies exercise
their grave responsibilities with fairness, impartiality, and a respect
for the consumer’s right to privacy.
Reasonable procedures. It is the purpose of this title to require that con-
sumer reporting agencies adopt reasonable procedures for meeting the
needs of commerce for consumer credit, personnel, insurance, and other
information in a manner which is fair and equitable to the consumer, with
regard to the confidentiality, accuracy, relevancy, and proper utilization of
such information in accordance with the requirements of this title.
Definitions; rules of construction [15 U.S.C. § 1681a]
Definitions and rules of construction set forth in this section are applicable
for the purposes of this title.
The term “person” means any individual, partnership, corporation, trust,
estate, cooperative, association, government or governmental subdivision
or agency, or other entity.
The term “consumer” means an individual.
Consumer Report
(1) In general. The term “consumer report” means any written, oral,
or other communication of any information by a consumer reporting
agency bearing on a consumer’s credit worthiness, credit standing,
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§ 603 - 15 U.S.C. § 1681a
credit capacity, character, general reputation, personal character-
istics, or mode of living which is used or expected to be used or
collected in whole or in part for the purpose of serving as a factor in
establishing the consumer’s eligibility for
(A) credit or insurance to be used primarily for personal, family, or
household purposes;
(B) employment purposes; or
(C) any other purpose authorized under section 604 [§ 1681b].
(2) Exclusions. Except as provided in paragraph (3), the term “consum-
er report” does not include
(A) subject to section 624, any
(i) report containing information solely as to transactions or
experiences between the consumer and the person making
the report;
(ii) communication of that information among persons related
by common ownership or affiliated by corporate control;
or
(iii) communication of other information among persons
related by common ownership or affiliated by corporate
control, if it is clearly and conspicuously disclosed to
the consumer that the information may be communicated
among such persons and the consumer is given the op-
portunity, before the time that the information is initially
communicated, to direct that such information not be com-
municated among such persons;
(B) any authorization or approval of a specific extension of credit
directly or indirectly by the issuer of a credit card or similar
device;
(C) any report in which a person who has been requested by a third
party to make a specific extension of credit directly or indi-
rectly to a consumer conveys his or her decision with respect
to such request, if the third party advises the consumer of the
name and address of the person to whom the request was made,
and such person makes the disclosures to the consumer required
under section 615 [§ 1681m]; or
(D) a communication described in subsection (o) or (x).1
1 Should be read as “(o) or (y)” because section 603(x) was re-designated as 603(y) in 2010 by the CFPA.
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§ 603 - 15 U.S.C. § 1681a
(3) Restriction on sharing of medical information. Except for informa-
tion or any communication of information disclosed as provided in
section 604(g)(3), the exclusions in paragraph (2) shall not apply with
respect to information disclosed to any person related by common
ownership or affiliated by corporate control, if the information is–
(A) medical information;
(B) an individualized list or description based on the payment trans-
actions of the consumer for medical products or services; or
(C) an aggregate list of identified consumers based on payment
transactions for medical products or services.
(e) The term “investigative consumer report” means a consumer report or
portion thereof in which information on a consumer’s character, general
reputation, personal characteristics, or mode of living is obtained through
personal interviews with neighbors, friends, or associates of the consumer
reported on or with others with whom he is acquainted or who may have
knowledge concerning any such items of information. However, such
information shall not include specific factual information on a consumer’s
credit record obtained directly from a creditor of the consumer or from a
consumer reporting agency when such information was obtained directly
from a creditor of the consumer or from the consumer.
(f) The term “consumer reporting agency” means any person which, for
monetary fees, dues, or on a cooperative nonprofit basis, regularly engag-
es in whole or in part in the practice of assembling or evaluating consumer
credit information or other information on consumers for the purpose of
furnishing consumer reports to third parties, and which uses any means or
facility of interstate commerce for the purpose of preparing or furnishing
consumer reports.
(g) The term “file,” when used in connection with information on any con-
sumer, means all of the information on that consumer recorded and re-
tained by a consumer reporting agency regardless of how the information
is stored.
(h) The term “employment purposes” when used in connection with a con-
sumer report means a report used for the purpose of evaluating a consum-
er for employment, promotion, reassignment or retention as an employee.
(i) The term “medical information” –
(1) means information or data, whether oral or recorded, in any form
or medium, created by or derived from a health care provider or the
consumer, that relates to –
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§ 603 - 15 U.S.C. § 1681a
(j)
Definitions Relating to Child Support Obligations
(k)
Adverse Action
(2)
(1)
(2)
(1)
(A) the past, present, or future physical, mental, or behavioral
health or condition of an individual;
(B) the provision of health care to an individual; or
(C) the payment for the provision of health care to an individual.
does not include the age or gender of a consumer, demographic infor-
mation about the consumer, including a consumer’s residence address
or e-mail address, or any other information about a consumer that
does not relate to the physical, mental, or behavioral health or condi-
tion of a consumer, including the existence or value of any insurance
policy.
The “overdue support” has the meaning given to such term in section
666(e) of title 42 [Social Security Act, 42 U.S.C. § 666(e)].
The term “State or local child support enforcement agency” means a
State or local agency which administers a State or local program for
establishing and enforcing child support obligations.
Actions included. The term “adverse action”
(A) has the same meaning as in section 701(d)(6) of the Equal
Credit Opportunity Act; and
(B) means
(i) a denial or cancellation of, an increase in any charge for,
or a reduction or other adverse or unfavorable change in
the terms of coverage or amount of, any insurance, exist-
ing or applied for, in connection with the underwriting of
insurance;
(ii) a denial of employment or any other decision for em-
ployment purposes that adversely affects any current or
prospective employee;
(iii) a denial or cancellation of, an increase in any charge for,
or any other adverse or unfavorable change in the terms
of, any license or benefit described in section 604(a)(3)(D)
[§ 1681b]; and
(iv) an action taken or determination that is
(I) made in connection with an application that was made
by, or a transaction that was initiated by, any con-
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(
The term “firm offer of credit or insurance” means any offer of credit
or insurance to a consumer that will be honored if the consumer is deter
mined, based on information in a consumer report on the consumer, to
meet the specific criteria used to select the consumer for the offer, except
that the offer may be further conditioned on one or more of the following:
(2)
l)
(1)
(2)
(3)
§ 603 - 15 U.S.C. § 1681a
sumer, or in connection with a review of an account
under section 604(a)(3)(F)(ii)[§ 1681b]; and
(II) adverse to the interests of the consumer.
Applicable findings, decisions, commentary, and orders. For pur-
poses of any determination of whether an action is an adverse action
under paragraph (1)(A), all appropriate final findings, decisions,
commentary, and orders issued under section 701(d)(6) of the Equal
Credit Opportunity Act by the Bureau or any court shall apply.
-
The consumer being determined, based on information in the con-
sumer’s application for the credit or insurance, to meet specific crite-
ria bearing on credit worthiness or insurability, as applicable, that are
established
(A) before selection of the consumer for the offer; and
(B) for the purpose of determining whether to extend credit or
insurance pursuant to the offer.
Verification
(A) that the consumer continues to meet the specific criteria used
to select the consumer for the offer, by using information in a
consumer report on the consumer, information in the consum-
er’s application for the credit or insurance, or other information
bearing on the credit worthiness or insurability of the consum-
er; or
(B) of the information in the consumer’s application for the credit
or insurance, to determine that the consumer meets the specific
criteria bearing on credit worthiness or insurability.
The consumer furnishing any collateral that is a requirement for the
extension of the credit or insurance that was
(A) established before selection of the consumer for the offer of
credit or insurance; and
(B) disclosed to the consumer in the offer of credit or insurance.
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§ 603 - 15 U.S.C. § 1681a
(m) The term “credit or insurance transaction that is not initiated by the con-
sumer” does not include the use of a consumer report by a person with
which the consumer has an account or insurance policy, for purposes of
(1) reviewing the account or insurance policy; or
(2) collecting the account.
(n) The term “State” means any State, the Commonwealth of Puerto Rico, the
District of Columbia, and any territory or possession of the United States.
(o) Excluded communications. A communication is described in this subsec-
tion if it is a communication
(1) that, but for subsection (d)(2)(D), would be an investigative consum-
er report;
(2) that is made to a prospective employer for the purpose of
(A) procuring an employee for the employer; or
(B) procuring an opportunity for a natural person to work for the
employer;
(3) that is made by a person who regularly performs such procurement;
(4) that is not used by any person for any purpose other than a purpose
described in subparagraph (A) or (B) of paragraph (2); and
(5) with respect to which
(A) the consumer who is the subject of the communication
(i) consents orally or in writing to the nature and scope of the
communication, before the collection of any information
for the purpose of making the communication;
(ii) consents orally or in writing to the making of the commu-
nication to a prospective employer, before the making of
the communication; and
(iii) in the case of consent under clause (i) or (ii) given orally,
is provided written confirmation of that consent by the
person making the communication, not later than 3 busi-
ness days after the receipt of the consent by that person;
(B) the person who makes the communication does not, for the
purpose of making the communication, make any inquiry that
if made by a prospective employer of the consumer who is the
subject of the communication would violate any applicable Fed-
eral or State equal employment opportunity law or regulation;
and
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§ 603 - 15 U.S.C. § 1681a
(C) the person who makes the communication
(i) discloses in writing to the consumer who is the subject of
the communication, not later than 5 business days after
receiving any request from the consumer for such disclo-
sure, the nature and substance of all information in the
consumer’s file at the time of the request, except that the
sources of any information that is acquired solely for use
in making the communication and is actually used for no
other purpose, need not be disclosed other than under ap-
propriate discovery procedures in any court of competent
jurisdiction in which an action is brought; and
(ii) notifies the consumer who is the subject of the communi-
cation, in writing, of the consumer’s right to request the
information described in clause (i).
(p) The term “consumer reporting agency that compiles and maintains files
on consumers on a nationwide basis” means a consumer reporting agency
that regularly engages in the practice of assembling or evaluating, and
maintaining, for the purpose of furnishing consumer reports to third par-
ties bearing on a consumer’s credit worthiness, credit standing, or credit
capacity, each of the following regarding consumers residing nationwide:
(1) Public record information.
(2) Credit account information from persons who furnish that informa-
tion regularly and in the ordinary course of business.
(q) Definitions relating to fraud alerts.
(1) The term “active duty military consumer” means a consumer in mili-
tary service who–
(A) is on active duty (as defined in section 101(d)(1) of title 10,
United States Code) or is a reservist performing duty under a
call or order to active duty under a provision of law referred to
in section 101(a)(13) of title 10, United States Code; and
(B) is assigned to service away from the usual duty station of the
consumer.
(2) The terms “fraud alert” and “active duty alert” mean a statement in
the file of a consumer that –
(A) notifies all prospective users of a consumer report relating to
the consumer that the consumer may be a victim of fraud, in-
cluding identity theft, or is an active duty military consumer, as
applicable; and
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§ 603 - 15 U.S.C. § 1681a
(r)
Credit and Debit Related Terms
(3)
(4)
(5)
(1)
(2)
(3)
(4)
(B) is presented in a manner that facilitates a clear and conspicu-
ous view of the statement described in subparagraph (A) by any
person requesting such consumer report.
The term “identity theft” means a fraud committed using the identify-
ing information of another person, subject to such further definition
as the Bureau may prescribe, by regulation.
See also 16 CFR Part 603.2
69 Fed. Reg. 63922 (11/03/04)
The term “identity theft report” has the meaning given that term by
rule of the Bureau, and means, at a minimum, a report –
See also 16 CFR Part 603.3
69 Fed. Reg. 63922 (11/03/04)
(A) that alleges an identity theft;
(B) that is a copy of an official, valid report filed by a consumer
with an appropriate Federal, State, or local law enforcement
agency, including the United States Postal Inspection Service,
or such other government agency deemed appropriate by the
Bureau; and
(C) the filing of which subjects the person filing the report to
criminal penalties relating to the filing of false information if,
in fact, the information in the report is false.
The term “new credit plan” means a new account under an open end
credit plan (as defined in section 103(i) of the Truth in Lending Act)
or a new credit transaction not under an open end credit plan.
The term “card issuer” means –
(A) a credit card issuer, in the case of a credit card; and
(B) a debit card issuer, in the case of a debit card.
The term “credit card” has the same meaning as in section 103 of the
Truth in Lending Act.
The term “debit card” means any card issued by a financial institu-
tion to a consumer for use in initiating an electronic fund transfer
from the account of the consumer at such financial institution, for the
purpose of transferring money between accounts or obtaining money,
property, labor, or services.
The terms “account” and “electronic fund transfer” have the same
meanings as in section 903 of the Electronic Fund Transfer Act.
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(s)
(t)
(u)
(v)
(w)
(x)
(y)
§ 603 - 15 U.S.C. § 1681a
(5) The terms “credit” and “creditor” have the same meanings as in sec-
tion 702 of the Equal Credit Opportunity Act.
The term “Federal banking agency” has the same meaning as in section 3
of the Federal Deposit Insurance Act.
The term “financial institution” means a State or National bank, a State
or Federal savings and loan association, a mutual savings bank, a State or
Federal credit union, or any other person that, directly or indirectly, holds
a transaction account (as defined in section 19(b) of the Federal Reserve
Act) belonging to a consumer.
The term “reseller” means a consumer reporting agency that--
(1) assembles and merges information contained in the database of
another consumer reporting agency or multiple consumer reporting
agencies concerning any consumer for purposes of furnishing such
information to any third party, to the extent of such activities; and
(2) does not maintain a database of the assembled or merged information
from which new consumer reports are produced.
The term “Commission” means the Federal Trade Commission.
The term “Bureau” means the Bureau of Consumer Financial Protection.
The term “nationwide specialty consumer reporting agency” means a
consumer reporting agency that compiles and maintains files on consumers
on a nationwide basis relating to--
(1) medical records or payments;
(2) residential or tenant history;
(3) check writing history;
(4) employment history; or
(5) insurance claims.
Exclusion of Certain Communications for Employee Investigations
(1) A communication is described in this subsection if--
(A) but for subsection (d)(2)(D), the communication would be a
consumer report;
(B) the communication is made to an employer in connection with
an investigation of–
(i) suspected misconduct relating to employment; or
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§ 604 - 15 U.S.C. § 1681b
§ 604.
Permissible purposes of consumer reports
[15 U.S.C. § 1681b]
(a)
In general.
furnish a consumer report under the following circumstances and no other:
(2)
(3)
(1)
(2)
(ii) compliance with Federal, State, or local laws and regula-
tions, the rules of a self-regulatory organization, or any
preexisting written policies of the employer;
(C) the communication is not made for the purpose of investigating
a consumer’s credit worthiness, credit standing, or credit capac-
ity; and
(D) the communication is not provided to any person except--
(i) to the employer or an agent of the employer;
(ii) to any Federal or State officer, agency, or department,
or any officer, agency, or department of a unit of general
local government;
(iii) to any self-regulatory organization with regulatory author-
ity over the activities of the employer or employee;
(iv) as otherwise required by law; or
(v) pursuant to section 608.
Subsequent disclosure. After taking any adverse action based in
whole or in part on a communication described in paragraph (1), the
employer shall disclose to the consumer a summary containing the
nature and substance of the communication upon which the adverse
action is based, except that the sources of information acquired solely
for use in preparing what would be but for subsection (d)(2)(D) an
investigative consumer report need not be disclosed.
For purposes of this subsection, the term “self-regulatory organiza-
tion” includes any self-regulatory organization (as defined in section
3(a)(26) of the Securities Exchange Act of 1934), any entity estab-
lished under title I of the Sarbanes-Oxley Act of 2002, any board of
trade designated by the Commodity Futures Trading Commission,
and any futures association registered with such Commission.
Subject to subsection (c), any consumer reporting agency may
In response to the order of a court having jurisdiction to issue such an
order, or a subpoena issued in connection with proceedings before a
Federal grand jury.
In accordance with the written instructions of the consumer to whom
it relates.
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2
As written in the poorly drafted 2007 amendment that added section 604(a)(3)(G). Subsection (F)(ii)
should end with “; or” instead of a period, and the text of subsection (G) should conform to the style of
the rest of section 604(a)(3). An alternative would have been to add a new section 604(a)(7) allowing a
permissible purpose for a consumer report “To executive departments and agencies ... ”
(3)
(4)
§ 604 - 15 U.S.C. § 1681b
To a person which it has reason to believe
(A) intends to use the information in connection with a credit trans-
action involving the consumer on whom the information is to be
furnished and involving the extension of credit to, or review or
collection of an account of, the consumer; or
(B) intends to use the information for employment purposes; or
(C) intends to use the information in connection with the underwrit-
ing of insurance involving the consumer; or
(D) intends to use the information in connection with a determina-
tion of the 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; or
(E) intends to use the information, as a potential investor or ser-
vicer, or current insurer, in connection with a valuation of, or
an assessment of the credit or prepayment risks associated with,
an existing credit obligation; or
(F) otherwise has a legitimate business need for the information
(i) in connection with a business transaction that is initiated
by the consumer; or
(ii) to review an account to determine whether the consumer
continues to meet the terms of the account.2
(G) executive departments and agencies in connection with the issu-
ance of government-sponsored individually-billed travel charge
cards.1
In response to a request by the head of a State or local child sup-
port enforcement agency (or a State or local government official
authorized by the head of such an agency), if the person making the
request certifies to the consumer reporting agency that
(A) the consumer report is needed for the purpose of establishing an
individual’s capacity to make child support payments or deter-
mining the appropriate level of such payments;
(B) the paternity of the consumer for the child to which the obliga-
tion relates has been established or acknowledged by the con-
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§ 604 - 15 U.S.C. § 1681b
(b)
Conditions for Furnishing and Using Consumer Reports for Employment
Purposes.
(5)
(6)
(1)
sumer in accordance with State laws under which the obligation
arises (if required by those laws);
(C) the person has provided at least 10 days’ prior notice to the
consumer whose report is requested, by certified or registered
mail to the last known address of the consumer, that the report
will be requested; and
(D) the consumer report will be kept confidential, will be used
solely for a purpose described in subparagraph (A), and will
not be used in connection with any other civil, administrative,
or criminal proceeding, or for any other purpose.
To an agency administering a State plan under Section 454 of the So-
cial Security Act (42 U.S.C. § 654) for use to set an initial or modi-
fied child support award.
To the Federal Deposit Insurance Corporation or the National Credit
Union Administration as part of its preparation for its appointment or
as part of its exercise of powers, as conservator, receiver, or liquidat-
ing agent for an insured depository institution or insured credit union
under the Federal Deposit Insurance Act or the Federal Credit Union
Act, or other applicable Federal or State law, or in connection with
the resolution or liquidation of a failed or failing insured depository
institution or insured credit union, as applicable.
Certification from user. A consumer reporting agency may furnish a
consumer report for employment purposes only if
(A) the person who obtains such report from the agency certifies to
the agency that
(i) the person has complied with paragraph (2) with respect
to the consumer report, and the person will comply with
paragraph (3) with respect to the consumer report if para-
graph (3) becomes applicable; and
(ii) information from the consumer report will not be used in
violation of any applicable Federal or State equal employ-
ment opportunity law or regulation; and
(B) the consumer reporting agency provides with the report, or has
previously provided, a summary of the consumer’s rights under
this title, as prescribed by the Bureau under section 609(c)(3)
[§ 1681g].
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§ 604 - 15 U.S.C. § 1681b
(2) Disclosure to Consumer.
(A) In general. Except as provided in subparagraph (B), a person
may not procure a consumer report, or cause a consumer report
to be procured, for employment purposes with respect to any
consumer, unless –
(i) a clear and conspicuous disclosure has been made in
writing to the consumer at any time before the report is
procured or caused to be procured, in a document that
consists solely of the disclosure, that a consumer report
may be obtained for employment purposes; and
(ii) the consumer has authorized in writing (which authoriza-
tion may be made on the document referred to in clause
(i)) the procurement of the report by that person.
(B) Application by mail, telephone, computer, or other similar
means. If a consumer described in subparagraph (C) applies
for employment by mail, telephone, computer, or other similar
means, at any time before a consumer report is procured or
caused to be procured in connection with that application –
(i) the person who procures the consumer report on the
consumer for employment purposes shall provide to the
consumer, by oral, written, or electronic means, notice
that a consumer report may be obtained for employment
purposes, and a summary of the consumer’s rights under
section 615(a)(3); and
(ii) the consumer shall have consented, orally, in writing,
or electronically to the procurement of the report by that
person.
(C) Scope. Subparagraph (B) shall apply to a person procuring a
consumer report on a consumer in connection with the consum-
er’s application for employment only if –
(i) the consumer is applying for a position over which the
Secretary of Transportation has the power to establish
qualifications and maximum hours of service pursuant
to the provisions of section 31502 of title 49, or a posi-
tion subject to safety regulation by a State transportation
agency; and
(ii) as of the time at which the person procures the report
or causes the report to be procured the only interaction
between the consumer and the person in connection with
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§ 604 - 15 U.S.C. § 1681b
Conditions on use for adverse actions.
3
The references in Sections 604(b)(3)(A) and 604(b)(3)(B) should be to Section 609(c)
longer exists as the result of Congress’ re-organization of Section 609(c) in 2003 (FACT Act).
(3)
(A)
(B)
that employment application has been by mail, telephone,
computer, or other similar means.
In general. Except as provided in subparagraph (B), in us-
ing a consumer report for employment purposes, before taking
any adverse action based in whole or in part on the report, the
person intending to take such adverse action shall provide to the
consumer to whom the report relates –
(i) a copy of the report; and
(ii) a description in writing of the rights of the consumer
under this title, as prescribed by the Bureau under section
609(c)(3).3
Application by mail, telephone, computer, or other similar
means.
(i) If a consumer described in subparagraph (C) applies for
employment by mail, telephone, computer, or other simi-
lar means, and if a person who has procured a consumer
report on the consumer for employment purposes takes
adverse action on the employment application based in
whole or in part on the report, then the person must pro-
vide to the consumer to whom the report relates, in lieu of
the notices required under subparagraph (A) of this section
and under section 615(a), within 3 business days of taking
such action, an oral, written or electronic notification–
(I) that adverse action has been taken based in whole or
in part on a consumer report received from a con-
sumer reporting agency;
(II) of the name, address and telephone number of the
consumer reporting agency that furnished the con-
sumer report (including a toll-free telephone number
established by the agency if the agency compiles and
maintains files on consumers on a nationwide basis);
(III) that the consumer reporting agency did not make the
decision to take the adverse action and is unable to
provide to the consumer the specific reasons why the
adverse action was taken; and
(1), not (c)(3) that no
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§ 604 - 15 U.S.C. § 1681b
(IV) that the consumer may, upon providing proper identi-
fication, request a free copy of a report and may dis-
pute with the consumer reporting agency the accuracy
or completeness of any information in a report.
(ii) If, under clause (B)(i)(IV), the consumer requests a copy
of a consumer report from the person who procured the
report, then, within 3 business days of receiving the con-
sumer’s request, together with proper identification, the
person must send or provide to the consumer a copy of a
report and a copy of the consumer’s rights as prescribed
by the Bureau under section 609(c)(3).3
(C) Scope. Subparagraph (B) shall apply to a person procuring a
consumer report on a consumer in connection with the consum-
er’s application for employment only if –
(i) the consumer is applying for a position over which the
Secretary of Transportation has the power to establish
qualifications and maximum hours of service pursuant
to the provisions of section 31502 of title 49, or a posi-
tion subject to safety regulation by a State transportation
agency; and
(ii) as of the time at which the person procures the report
or causes the report to be procured the only interaction
between the consumer and the person in connection with
that employment application has been by mail, telephone,
computer, or other similar means.
(4) Exception for national security investigations.
(A) In general. In the case of an agency or department of the
United States Government which seeks to obtain and use a
consumer report for employment purposes, paragraph (3) shall
not apply to any adverse action by such agency or department
which is based in part on such consumer report, if the head of
such agency or department makes a written finding that–
(i) the consumer report is relevant to a national security in-
vestigation of such agency or department;
(ii) the investigation is within the jurisdiction of such agency
or department;
(iii) there is reason to believe that compliance with paragraph
(3) will –
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§ 604 - 15 U.S.C. § 1681b
(I) endanger the life or physical safety of any person;
(II) result in flight from prosecution;
(III) result in the destruction of, or tampering with, evi-
dence relevant to the investigation;
(IV) result in the intimidation of a potential witness rel-
evant to the investigation;
(V) result in the compromise of classified information; or
(VI) otherwise seriously jeopardize or unduly delay the
investigation or another official proceeding.
(B) Notification of consumer upon conclusion of investigation.
Upon the conclusion of a national security investigation de-
scribed in subparagraph (A), or upon the determination that the
exception under subparagraph (A) is no longer required for the
reasons set forth in such subparagraph, the official exercising
the authority in such subparagraph shall provide to the con-
sumer who is the subject of the consumer report with regard to
which such finding was made –
(i) a copy of such consumer report with any classified infor-
mation redacted as necessary;
(ii) notice of any adverse action which is based, in part, on
the consumer report; and
(iii) the identification with reasonable specificity of the nature
of the investigation for which the consumer report was
sought.
(C) Delegation by head of agency or department. For purposes of
subparagraphs (A)and (B), the head of any agency or depart-
ment of the United States Government may delegate his or her
authorities under this paragraph to an official of such agency or
department who has personnel security responsibilities and is a
member of the Senior Executive Service or equivalent civilian
or military rank.
(D) Definitions. For purposes of this paragraph, the following defi-
nitions shall apply:
(i) Classified information. The term “classified information”
means information that is protected from unauthorized
disclosure under Executive Order No. 12958 or successor
orders.
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§ 604 - 15 U.S.C. § 1681b
(ii) National security investigation. The term “national secu-
rity investigation” means any official inquiry by an agency
or department of the United States Government to deter-
mine the eligibility of a consumer to receive access or
continued access to classified information or to determine
whether classified information has been lost or compro-
mised.
(c) Furnishing reports in connection with credit or insurance transactions that
are not initiated by the consumer.
(1) In general. A consumer reporting agency may furnish a consumer
report relating to any consumer pursuant to subparagraph (A) or (C)
of subsection (a)(3) in connection with any credit or insurance trans-
action that is not initiated by the consumer only if
(A) the consumer authorizes the agency to provide such report to
such person; or
(B) (i) the transaction consists of a firm offer of credit or insur-
ance;
(ii) the consumer reporting agency has complied with subsec-
tion (e);
(iii) there is not in effect an election by the consumer, made
in accordance with subsection (e), to have the consumer’s
name and address excluded from lists of names provided
by the agency pursuant to this paragraph; and
(iv) the consumer report does not contain a date of birth that
shows that the consumer has not attained the age of 21,
or, if the date of birth on the consumer report shows that
the consumer has not attained the age of 21, such con-
sumer consents to the consumer reporting agency to such
furnishing.
(2) Limits on information received under paragraph (1)(B). A person
may receive pursuant to paragraph (1)(B) only
(A) the name and address of a consumer;
(B) an identifier that is not unique to the consumer and that is used
by the person solely for the purpose of verifying the identity of
the consumer; and
(C) other information pertaining to a consumer that does not iden-
tify the relationship or experience of the consumer with respect
to a particular creditor or other entity.
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§ 604 - 15 U.S.C. § 1681b
(d)
Reserved.
(e)
Election of consumer to be excluded from lists.
(3)
(1)
(2)
(3)
(4)
Information regarding inquiries. Except as provided in section
609(a)(5) [§ 1681g], a consumer reporting agency shall not furnish to
any person a record of inquiries in connection with a credit or insur-
ance transaction that is not initiated by a consumer.
In general. A consumer may elect to have the consumer’s name and
address excluded from any list provided by a consumer reporting
agency under subsection (c)(1)(B) in connection with a credit or in-
surance transaction that is not initiated by the consumer, by notifying
the agency in accordance with paragraph (2) that the consumer does
not consent to any use of a consumer report relating to the consumer
in connection with any credit or insurance transaction that is not initi-
ated by the consumer.
Manner of notification. A consumer shall notify a consumer report-
ing agency under paragraph (1)
(A) through the notification system maintained by the agency under
paragraph (5); or
(B) by submitting to the agency a signed notice of election form is-
sued by the agency for purposes of this subparagraph.
Response of agency after notification through system. Upon receipt
of notification of the election of a consumer under paragraph (1)
through the notification system maintained by the agency under para-
graph (5), a consumer reporting agency shall
(A) inform the consumer that the election is effective only for the
5-year period following the election if the consumer does not
submit to the agency a signed notice of election form issued by
the agency for purposes of paragraph (2)(B); and
(B) provide to the consumer a notice of election form, if requested
by the consumer, not later than 5 business days after receipt of
the notification of the election through the system established
under paragraph (5), in the case of a request made at the time
the consumer provides notification through the system.
Effectiveness of election. An election of a consumer under
paragraph (1)
(A) shall be effective with respect to a consumer reporting agency
beginning 5 business days after the date on which the consumer
notifies the agency in accordance with paragraph (2);
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Page 25
(5)
Notification System
(B)
(C)
(D)
(A)
(B)
§ 604 - 15 U.S.C. § 1681b
shall be effective with respect to a consumer reporting agency
(i) subject to subparagraph (C), during the 5-year period
beginning 5 business days after the date on which the
consumer notifies the agency of the election, in the case of
an election for which a consumer notifies the agency only
in accordance with paragraph (2)(A); or
(ii) until the consumer notifies the agency under subparagraph
(C), in the case of an election for which a consumer noti-
fies the agency in accordance with paragraph (2)(B);
shall not be effective after the date on which the consumer noti-
fies the agency, through the notification system established by
the agency under paragraph (5), that the election is no longer
effective; and
shall be effective with respect to each affiliate of the agency.
In general. Each consumer reporting agency that, under sub-
section (c)(1)(B), furnishes a consumer report in connection
with a credit or insurance transaction that is not initiated by a
consumer, shall
(i) establish and maintain a notification system, including a
toll-free telephone number, which permits any consumer
whose consumer report is maintained by the agency to
notify the agency, with appropriate identification, of the
consumer’s election to have the consumer’s name and ad-
dress excluded from any such list of names and addresses
provided by the agency for such a transaction; and
(ii) publish by not later than 365 days after the date of enact-
ment of the Consumer Credit Reporting Reform Act of
1996, and not less than annually thereafter, in a publica-
tion of general circulation in the area served by the agency
(I) a notification that information in consumer files main-
tained by the agency may be used in connection with
such transactions; and
(II) the address and toll-free telephone number for con-
sumers to use to notify the agency of the consumer’s
election under clause (I).
Establishment and maintenance as compliance. Establishment
and maintenance of a notification system (including a toll-free
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§ 604 - 15 U.S.C. § 1681b
(f)
Certain use or obtaining of information prohibited
or obtain a consumer report for any purpose unless
(g)
Protection of Medical Information
(6)
(1)
(2)
(1)
telephone number) and publication by a consumer reporting
agency on the agency’s own behalf and on behalf of any of its
affiliates in accordance with this paragraph is deemed to be
compliance with this paragraph by each of those affiliates.
Notification system by agencies that operate nationwide. Each con-
sumer reporting agency that compiles and maintains files on consum-
ers on a nationwide basis shall establish and maintain a notification
system for purposes of paragraph (5) jointly with other such consum-
er reporting agencies.
. A person shall not use
the consumer report is obtained for a purpose for which the consumer
report is authorized to be furnished under this section; and
the purpose is certified in accordance with section 607 [§ 1681e] by a
prospective user of the report through a general or specific certifica-
tion.
Limitation on consumer reporting agencies. A consumer reporting
agency shall not furnish for employment purposes, or in connection
with a credit or insurance transaction, a consumer report that contains
medical information (other than medical contact information treated
in the manner required under section 605(a)(6)) about a consumer,
unless –
(A) if furnished in connection with an insurance transaction, the
consumer affirmatively consents to the furnishing of the report;
(B) if furnished for employment purposes or in connection with a
credit transaction –
(i) the information to be furnished is relevant to process or
effect the employment or credit transaction; and
(ii) the consumer provides specific written consent for the
furnishing of the report that describes in clear and con-
spicuous language the use for which the information will
be furnished; or
(C) the information to be furnished pertains solely to transactions,
accounts, or balances relating to debts arising from the receipt
of medical services, products, or devises, where such infor-
mation, other than account status or amounts, is restricted or
reported using codes that do not identify, or do not provide in-
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Page 27
4
As written in section 1088(a)(4)(B) of the CFPA in 2010. The previous version of section 604(b)(5),
added in 2003 by the FACT Act, contained two subsections (A) and (B). The latter stated that the rules
required to be prescribed by the Federal financial agencies (not including the Commission) be finalized by
June 4, 2004.
(2)
(3)
(4)
(5)
§ 604 - 15 U.S.C. § 1681b
formation sufficient to infer, the specific provider or the nature
of such services, products, or devices, as provided in section
605(a)(6).
Limitation on creditors. Except as permitted pursuant to paragraph
(3)(C) or regulations prescribed under paragraph (5)(A), a creditor
shall not obtain or use medical information (other than medical con-
tact information treated in the manner required under section 605(a)
(6)) pertaining to a consumer in connection with any determination of
the consumer’s eligibility, or continued eligibility, for credit.
Actions authorized by federal law, insurance activities and regula-
tory determinations. Section 603(d)(3) shall not be construed so as to
treat information or any communication of information as a consumer
report if the information or communication is disclosed –
(A) in connection with the business of insurance or annuities, in-
cluding the activities described in section 18B of the model Pri-
vacy of Consumer Financial and Health Information Regulation
issued by the National Association of Insurance Commissioners
(as in effect on January 1, 2003);
(B) for any purpose permitted without authorization under the
Standards for Individually Identifiable Health Information
promulgated by the Department of Health and Human Services
pursuant to the Health Insurance Portability and Accountability
Act of 1996, or referred to under section 1179 of such Act, or
described in section 502(e) of Public Law 106-102; or
(C) as otherwise determined to be necessary and appropriate, by
regulation or order, by the Bureau or the applicable State insur-
ance authority (with respect to any person engaged in providing
insurance or annuities).
Limitation on redisclosure of medical information. Any person that
receives medical information pursuant to paragraph (1) or (3) shall
not disclose such information to any other person, except as neces-
sary to carry out the purpose for which the information was initially
disclosed, or as otherwise permitted by statute, regulation, or order.
Regulations and Effective Date for Paragraph (2)
(A)4 Regulations required. The Bureau may, after notice and oppor-
tunity for comment, prescribe regulations that permit transac-
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§ 605 - 15 U.S.C. § 1681c
tions under paragraph (2) that are determined to be necessary
and appropriate to protect legitimate operational, transactional,
risk, consumer, and other needs (and which shall include permit-
ting actions necessary for administrative verification purposes),
consistent with the intent of paragraph (2) to restrict the use of
medical information for inappropriate purposes.
See also 12 CFR Parts 41/222/232/334/571/717
70 Fed. Reg. 70664 (11/22/05)
(6) Coordination with other laws. No provision of this subsection shall
be construed as altering, affecting, or superseding the applicability of
any other provision of Federal law relating to medical confidentiality.
§ 605. Requirements relating to information contained in
consumer reports [15 U.S.C. § 1681c]
(a) Information excluded from consumer reports. Except as authorized under
subsection (b) of this section, no consumer reporting agency may make
any consumer report containing any of the following items of information:
(1) Cases under title 11 [United States Code] or under the Bankruptcy
Act that, from the date of entry of the order for relief or the date of
adjudication, as the case may be, antedate the report by more than 10
years.
(2) Civil suits, civil judgments, and records of arrest that from date
of entry, antedate the report by more than seven years or until the
governing statute of limitations has expired, whichever is the longer
period.
(3) Paid tax liens which, from date of payment, antedate the report by
more than seven years.
(4) Accounts placed for collection or charged to profit and loss which
antedate the report by more than seven years.5
(5) Any other adverse item of information, other than records of convic-
tions of crimes which antedates the report by more than seven years.5
(6) The name, address, and telephone number of any medical informa-
tion furnisher that has notified the agency of its status, unless--
(A) such name, address, and telephone number are restricted or
reported using codes that do not identify, or provide informa-
5 The reporting periods have been lengthened for certain adverse information pertaining to U.S. Government
insured or guaranteed student loans, or pertaining to national direct student loans. See sections 430A(f)
and 463(c)(3) of the Higher Education Act of 1965, 20 U.S.C. 1080a(f) and 20 U.S.C. 1087cc(c)(3),
respectively.
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§ 605 - 15 U.S.C. § 1681c
tion sufficient to infer, the specific provider or the nature of
such services, products, or devices to a person other than the
consumer; or
(B) the report is being provided to an insurance company for a pur-
pose relating to engaging in the business of insurance other than
property and casualty insurance.
(b) Exempted cases. The provisions of paragraphs (1) through (5) of sub-
section (a) of this section are not applicable in the case of any consumer
credit report to be used in connection with
(1) a credit transaction involving, or which may reasonably be expected
to involve, a principal amount of $150,000 or more;
(2) the underwriting of life insurance involving, or which may reason-
ably be expected to involve, a face amount of $150,000 or more; or
(3) the employment of any individual at an annual salary which equals,
or which may reasonably be expected to equal $75,000, or more.
(c) Running of Reporting Period
(1) In general. The 7-year period referred to in paragraphs (4) and (6)6
of subsection (a) shall begin, with respect to any delinquent account
that is placed for collection (internally or by referral to a third party,
whichever is earlier), charged to profit and loss, or subjected to any
similar action, upon the expiration of the 180-day period beginning
on the date of the commencement of the delinquency which imme-
diately preceded the collection activity, charge to profit and loss, or
similar action.
(2) Effective date. Paragraph (1) shall apply only to items of information
added to the file of a consumer on or after the date that is 455 days
after the date of enactment of the Consumer Credit Reporting Reform
Act of 1996.
(d) Information Required to be Disclosed
(1) Title 11 information. Any consumer reporting agency that furnishes
a consumer report that contains information regarding any case in-
volving the consumer that arises under title 11, United States Code,
shall include in the report an identification of the chapter of such
title 11 under which such case arises if provided by the source of the
information. If any case arising or filed under title 11, United States
Code, is withdrawn by the consumer before a final judgment, the
6 This provision, added in September 1996, should read “paragraphs (4) and (5)....” Prior Section 605(a)(6)
was amended and re-designated as Section 605(a)(5) in November 1998. The current Section 605(a)(6),
added in December 2003 and now containing no reference to any 7-year period, is obviously inapplicable.
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§ 605 - 15 U.S.C. § 1681c
consumer reporting agency shall include in the report that such case
or filing was withdrawn upon receipt of documentation certifying
such withdrawal.
(2) Key factor in credit score information. Any consumer reporting
agency that furnishes a consumer report that contains any credit score
or any other risk score or predictor on any consumer shall include
in the report a clear and conspicuous statement that a key factor (as
defined in section 609(f)(2)(B)) that adversely affected such score or
predictor was the number of enquiries, if such a predictor was in fact
a key factor that adversely affected such score. This paragraph shall
not apply to a check services company, acting as such, which issues
authorizations for the purpose of approving or processing negotiable
instruments, electronic fund transfers, or similar methods of pay-
ments, but only to the extent that such company is engaged in such
activities.
(e) Indication of closure of account by consumer. If a consumer reporting
agency is notified pursuant to section 623(a)(4) [§ 1681s-2] that a credit
account of a consumer was voluntarily closed by the consumer, the agency
shall indicate that fact in any consumer report that includes information
related to the account.
(f) Indication of dispute by consumer. If a consumer reporting agency is noti-
fied pursuant to section 623(a)(3) [§ 1681s-2] that information regarding
a consumer who was furnished to the agency is disputed by the consumer,
the agency shall indicate that fact in each consumer report that includes
the disputed information.
(g) Truncation of Credit Card and Debit Card Numbers
(1) In general. Except as otherwise provided in this subsection, no
person that accepts credit cards or debit cards for the transaction of
business shall print more than the last 5 digits of the card number or
the expiration date upon any receipt provided to the cardholder at the
point of the sale or transaction.
(2) Limitation. This subsection shall apply only to receipts that are
electronically printed, and shall not apply to transactions in which the
sole means of recording a credit card or debit card account number is
by handwriting or by an imprint or copy of the card.
(3) Effective date. This subsection shall become effective –
(A) 3 years after the date of enactment of this subsection, with
respect to any cash register or other machine or device that
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§ 605 - 15 U.S.C. § 1681c
electronically prints receipts for credit card or debit card trans-
actions that is in use before January 1, 2005; and
(B) 1 year after the date of enactment of this subsection, with
respect to any cash register or other machine or device that
electronically prints receipts for credit card or debit card trans-
actions that is first put into use on or after January 1, 2005.
(h) Notice of Discrepancy in Address
(1) In general. If a person has requested a consumer report relating to
a consumer from a consumer reporting agency described in section
603(p), the request includes an address for the consumer that sub-
stantially differs from the addresses in the file of the consumer, and
the agency provides a consumer report in response to the request, the
consumer reporting agency shall notify the requester of the existence
of the discrepancy.
See also 16 CFR Part 641
72 Fed. Reg. 63771-72 (11/09/07)
74 Fed. Reg. 22640-41 (05/14/09)
(2) Regulations
(A) Regulations required. The Bureau shall, in consultation with
the Federal banking agencies, the National Credit Union
Administration, and the Federal Trade Commission, prescribe
regulations providing guidance regarding reasonable policies
and procedures that a user of a consumer report should employ
when such user has received a notice of discrepancy under
paragraph (1).
(B) Policies and procedures to be included. The regulations
prescribed under subparagraph (A) shall describe reasonable
policies and procedures for use by a user of a consumer report--
(i) to form a reasonable belief that the user knows the identity
of the person to whom the consumer report pertains; and
(ii) if the user establishes a continuing relationship with the
consumer, and the user regularly and in the ordinary course
of business furnishes information to the consumer reporting
agency from which the notice of discrepancy pertaining to
the consumer was obtained, to reconcile the address of the
consumer with the consumer reporting agency by furnishing
such address to such consumer reporting agency as part of
information regularly furnished by the user for the period in
which the relationship is established.
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§ 605A - 15 U.S.C. § 1681c-1
§ 605A.Identity theft prevention; fraud alerts and active duty
alerts [15 U.S.C. § 1681c-1]
(a) One-call Fraud Alerts
(1) Initial alerts. Upon the direct request of a consumer, or an individu-
al acting on behalf of or as a personal representative of a consumer,
who asserts in good faith a suspicion that the consumer has been or is
about to become a victim of fraud or related crime, including identity
theft, a consumer reporting agency described in section 603(p) that
maintains a file on the consumer and has received appropriate proof
of the identity of the requester shall –
(A) include a fraud alert in the file of that consumer, and also
provide that alert along with any credit score generated in using
that file, for a period of not less than 90 days, beginning on the
date of such request, unless the consumer or such representative
requests that such fraud alert be removed before the end of such
period, and the agency has received appropriate proof of the
identity of the requester for such purpose; and
(B) refer the information regarding the fraud alert under this
paragraph to each of the other consumer reporting agencies
described in section 603(p), in accordance with procedures
developed under section 621(f).
(2) Access to free reports. In any case in which a consumer reporting
agency includes a fraud alert in the file of a consumer pursuant to this
subsection, the consumer reporting agency shall –
(A) disclose to the consumer that the consumer may request a free
copy of the file of the consumer pursuant to section 612(d); and
(B) provide to the consumer all disclosures required to be made un-
der section 609, without charge to the consumer, not later than
3 business days after any request described in subparagraph
(A).
(b) Extended Alerts
(1) In general. Upon the direct request of a consumer, or an individual
acting on behalf of or as a personal representative of a consumer,
who submits an identity theft report to a consumer reporting agency
described in section 603(p) that maintains a file on the consumer,
if the agency has received appropriate proof of the identity of the
requester, the agency shall –
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§ 605A - 15 U.S.C. § 1681c-1
(A) include a fraud alert in the file of that consumer, and also
provide that alert along with any credit score generated in using
that file, during the 7-year period beginning on the date of such
request, unless the consumer or such representative requests
that such fraud alert be removed before the end of such period
and the agency has received appropriate proof of the identity of
the requester for such purpose;
(B) during the 5-year period beginning on the date of such request,
exclude the consumer from any list of consumers prepared by
the consumer reporting agency and provided to any third party
to offer credit or insurance to the consumer as part of a transac-
tion that was not initiated by the consumer, unless the consumer
or such representative requests that such exclusion be rescinded
before the end of such period; and
(C) refer the information regarding the extended fraud alert under
this paragraph to each of the other consumer reporting agen-
cies described in section 603(p), in accordance with procedures
developed under section 621(f).
(2) Access to free reports. In any case in which a consumer reporting
agency includes a fraud alert in the file of a consumer pursuant to this
subsection, the consumer reporting agency shall –
(A) disclose to the consumer that the consumer may request 2 free
copies of the file of the consumer pursuant to section 612(d)
during the 12-month period beginning on the date on which the
fraud alert was included in the file; and
(B) provide to the consumer all disclosures required to be made un-
der section 609, without charge to the consumer, not later than
3 business days after any request described in subparagraph
(A).
(c) Active duty alerts. Upon the direct request of an active duty military
consumer, or an individual acting on behalf of or as a personal represen-
tative of an active duty military consumer, a consumer reporting agency
described in section 603(p) that maintains a file on the active duty military
consumer and has received appropriate proof of the identity of the request-
er shall –
(1) include an active duty alert in the file of that active duty military
consumer, and also provide that alert along with any credit score gen-
erated in using that file, during a period of not less than 12 months,
or such longer period as the Bureau shall determine, by regulation,
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§ 605A - 15 U.S.C. § 1681c-1
beginning on the date of the request, unless the active duty military
consumer or such representative requests that such fraud alert be
removed before the end of such period, and the agency has received
appropriate proof of the identity of the requester for such purpose;
(2) during the 2-year period beginning on the date of such request,
exclude the active duty military consumer from any list of consumers
prepared by the consumer reporting agency and provided to any third
party to offer credit or insurance to the consumer as part of a transac-
tion that was not initiated by the consumer, unless the consumer re-
quests that such exclusion be rescinded before the end of such period;
and
(3) refer the information regarding the active duty alert to each of the
other consumer reporting agencies described in section 603(p), in ac-
cordance with procedures developed under section 621(f).
See also 16 CFR Part 613.1
69 Fed. Reg. 63922 (11/03/04)
(d) Procedures. Each consumer reporting agency described in section 603(p)
shall establish policies and procedures to comply with this section, includ-
ing procedures that inform consumers of the availability of initial, extend-
ed, and active duty alerts and procedures that allow consumers and active
duty military consumers to request initial, extended, or active duty alerts
(as applicable) in a simple and easy manner, including by telephone.
(e) Referrals of alerts. Each consumer reporting agency described in section
603(p) that receives a referral of a fraud alert or active duty alert from an-
other consumer reporting agency pursuant to this section shall, as though
the agency received the request from the consumer directly, follow the
procedures required under –
(1) paragraphs (1)(A) and (2) of subsection (a), in the case of a referral
under subsection (a)(1)(B);
(2) paragraphs (1)(A), (1)(B), and (2) of subsection (b), in the case of a
referral under subsection (b)(1)(C); and
(3) paragraphs (1) and (2) of subsection (c), in the case of a referral
under subsection (c)(3).
(f) Duty of reseller to reconvey alert. A reseller shall include in its report
any fraud alert or active duty alert placed in the file of a consumer pursu-
ant to this section by another consumer reporting agency.
(g) Duty of other consumer reporting agencies to provide contact informa-
tion. If a consumer contacts any consumer reporting agency that is not
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§ 605A - 15 U.S.C. § 1681c-1
described in section 603(p) to communicate a suspicion that the consumer
has been or is about to become a victim of fraud or related crime, includ-
ing identity theft, the agency shall provide information to the consumer on
how to contact the Bureau and the consumer reporting agencies described
in section 603(p) to obtain more detailed information and request alerts
under this section.
(h) Limitations on Use of Information for Credit Extensions
(1) Requirements for initial and active duty alerts
(A) Notification. Each initial fraud alert and active duty alert under
this section shall include information that notifies all prospec-
tive users of a consumer report on the consumer to which the
alert relates that the consumer does not authorize the establish-
ment of any new credit plan or extension of credit, other than
under an open-end credit plan (as defined in section 103(i)),
in the name of the consumer, or issuance of an additional card
on an existing credit account requested by a consumer, or any
increase in credit limit on an existing credit account requested
by a consumer, except in accordance with subparagraph (B).
(B) Limitation on Users
(i) In general. No prospective user of a consumer report that
includes an initial fraud alert or an active duty alert in ac-
cordance with this section may establish a new credit plan
or extension of credit, other than under an open-end credit
plan (as defined in section 103(i)), in the name of the
consumer, or issue an additional card on an existing credit
account requested by a consumer, or grant any increase
in credit limit on an existing credit account requested by a
consumer, unless the user utilizes reasonable policies and
procedures to form a reasonable belief that the user knows
the identity of the person making the request.
(ii) Verification. If a consumer requesting the alert has speci-
fied a telephone number to be used for identity verification
purposes, before authorizing any new credit plan or exten-
sion described in clause (i) in the name of such consumer,
a user of such consumer report shall contact the consumer
using that telephone number or take reasonable steps to
verify the consumer’s identity and confirm that the ap-
plication for a new credit plan is not the result of identity
theft.
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§ 605B - 15 U.S.C. § 1681c-2
(2) Requirements for Extended Alerts
(A) Notification. Each extended alert under this section shall
include information that provides all prospective users of a
consumer report relating to a consumer with –
(i) notification that the consumer does not authorize the estab-
lishment of any new credit plan or extension of credit de-
scribed in clause (i), other than under an open-end credit
plan (as defined in section 103(i)), in the name of the
consumer, or issuance of an additional card on an existing
credit account requested by a consumer, or any increase
in credit limit on an existing credit account requested by
a consumer, except in accordance with subparagraph (B);
and
(ii) a telephone number or other reasonable contact method
designated by the consumer.
(B) Limitation on users. No prospective user of a consumer report
or of a credit score generated using the information in the file
of a consumer that includes an extended fraud alert in ac-
cordance with this section may establish a new credit plan or
extension of credit, other than under an open-end credit plan
(as defined in section 103(i)), in the name of the consumer, or
issue an additional card on an existing credit account requested
by a consumer, or any increase in credit limit on an exist-
ing credit account requested by a consumer, unless the user
contacts the consumer in person or using the contact method
described in subparagraph (A)(ii) to confirm that the application
for a new credit plan or increase in credit limit, or request for
an additional card is not the result of identity theft.
§ 605B.Block of information resulting from identity theft
[15 U.S.C. § 1681c-2]
(a) Block. Except as otherwise provided in this section, a consumer report-
ing agency shall block the reporting of any information in the file of a
consumer that the consumer identifies as information that resulted from
an alleged identity theft, not later than 4 business days after the date of
receipt by such agency of –
(1) appropriate proof of the identity of the consumer;
(2) a copy of an identity theft report;
(3) the identification of such information by the consumer; and
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(b)
Notification.
nisher of information identified by the consumer under subsection (a)--
(c)
Authority to Decline or Rescind
(d)
Exception for Resellers
(4)
(1)
(2)
(3)
(4)
(1)
(2)
(3)
(1)
§ 605B - 15 U.S.C. § 1681c-2
a statement by the consumer that the information is not information
relating to any transaction by the consumer.
A consumer reporting agency shall promptly notify the fur-
that the information may be a result of identity theft;
that an identity theft report has been filed;
that a block has been requested under this section; and
of the effective dates of the block.
In general. A consumer reporting agency may decline to block, or may
rescind any block, of information relating to a consumer under this sec-
tion, if the consumer reporting agency reasonably determines that –
(A) the information was blocked in error or a block was requested
by the consumer in error;
(B) the information was blocked, or a block was requested by the
consumer, on the basis of a material misrepresentation of fact
by the consumer relevant to the request to block; or
(C) the consumer obtained possession of goods, services, or money
as a result of the blocked transaction or transactions.
Notification to consumer. If a block of information is declined or
rescinded under this subsection, the affected consumer shall be noti-
fied promptly, in the same manner as consumers are notified of the
reinsertion of information under section 611(a)(5)(B).
Significance of block. For purposes of this subsection, if a consumer
reporting agency rescinds a block, the presence of information in the
file of a consumer prior to the blocking of such information is not
evidence of whether the consumer knew or should have known that
the consumer obtained possession of any goods, services, or money
as a result of the block.
No reseller file. This section shall not apply to a consumer reporting
agency, if the consumer reporting agency –
(A) is a reseller;
(B) is not, at the time of the request of the consumer under subsec-
tion (a), otherwise furnishing or reselling a consumer report
concerning the information identified by the consumer; and
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§ 606 - 15 U.S.C. § 1681d
(C) informs the consumer, by any means, that the consumer may
report the identity theft to the Bureau to obtain consumer infor-
mation regarding identity theft.
(2) Reseller with file. The sole obligation of the consumer reporting
agency under this section, with regard to any request of a consumer
under this section, shall be to block the consumer report maintained
by the consumer reporting agency from any subsequent use, if –
(A) the consumer, in accordance with the provisions of subsection
(a), identifies, to a consumer reporting agency, information in
the file of the consumer that resulted from identity theft; and
(B) the consumer reporting agency is a reseller of the identified
information.
(3) Notice. In carrying out its obligation under paragraph (2), the re-
seller shall promptly provide a notice to the consumer of the decision
to block the file. Such notice shall contain the name, address, and
telephone number of each consumer reporting agency from which the
consumer information was obtained for resale.
(e) Exception for verification companies. The provisions of this section do
not apply to a check services company, acting as such, which issues au-
thorizations for the purpose of approving or processing negotiable instru-
ments, electronic fund transfers, or similar methods of payments, except
that, beginning 4 business days after receipt of information described in
paragraphs (1) through (3) of subsection (a), a check services company
shall not report to a national consumer reporting agency described in sec-
tion 603(p), any information identified in the subject identity theft report
as resulting from identity theft.
(f) Access to blocked information by law enforcement agencies. No provision
of this section shall be construed as requiring a consumer reporting agency
to prevent a Federal, State, or local law enforcement agency from ac-
cessing blocked information in a consumer file to which the agency could
otherwise obtain access under this title.
§ 606. Disclosure of investigative consumer reports
[15 U.S.C. § 1681d]
(a) Disclosure of fact of preparation. A person may not procure or cause to
be prepared an investigative consumer report on any consumer unless
(1) it is clearly and accurately disclosed to the consumer that an inves-
tigative consumer report including information as to his character,
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§ 606 - 15 U.S.C. § 1681d
general reputation, personal characteristics and mode of living,
whichever are applicable, may be made, and such disclosure
(A) is made in a writing mailed, or otherwise delivered, to the
consumer, not later than three days after the date on which the
report was first requested, and
(B) includes a statement informing the consumer of his right to
request the additional disclosures provided for under subsection
(b) of this section and the written summary of the rights of the
consumer prepared pursuant to section 609(c) [§ 1681g]; and
(2) the person certifies or has certified to the consumer reporting agency
that
(A) the person has made the disclosures to the consumer required
by paragraph (1); and
(B) the person will comply with subsection (b).
(b) Disclosure on request of nature and scope of investigation. Any person
who procures or causes to be prepared an investigative consumer report
on any consumer shall, upon written request made by the consumer within
a reasonable period of time after the receipt by him of the disclosure
required by subsection (a)(1) of this section, make a complete and accu-
rate disclosure of the nature and scope of the investigation requested. This
disclosure shall be made in a writing mailed, or otherwise delivered, to
the consumer not later than five days after the date on which the request
for such disclosure was received from the consumer or such report was
first requested, whichever is the later.
(c) Limitation on liability upon showing of reasonable procedures for compli-
ance with provisions. No person may be held liable for any violation of
subsection (a) or (b) of this section if he shows by a preponderance of the
evidence that at the time of the violation he maintained reasonable proce-
dures to assure compliance with subsection (a) or (b) of this section.
(d) Prohibitions
(1) Certification. A consumer reporting agency shall not prepare or
furnish investigative consumer report unless the agency has received
a certification under subsection (a)(2) from the person who requested
the report.
(2) Inquiries. A consumer reporting agency shall not make an inquiry
for the purpose of preparing an investigative consumer report on a
consumer for employment purposes if the making of the inquiry by
an employer or prospective employer of the consumer would violate
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§ 607 - 15 U.S.C. § 1681e
any applicable Federal or State equal employment opportunity law or
regulation.
(3) Certain public record information. Except as otherwise provided in
section 613 [§ 1681k], a consumer reporting agency shall not furnish
an investigative consumer report that includes information that is a
matter of public record and that relates to an arrest, indictment, con-
viction, civil judicial action, tax lien, or outstanding judgment, unless
the agency has verified the accuracy of the information during the
30-day period ending on the date on which the report is furnished.
(4) Certain adverse information. A consumer reporting agency shall not
prepare or furnish an investigative consumer report on a consumer
that contains information that is adverse to the interest of the consum-
er and that is obtained through a personal interview with a neighbor,
friend, or associate of the consumer or with another person with
whom the consumer is acquainted or who has knowledge of such item
of information, unless
(A) the agency has followed reasonable procedures to obtain con-
firmation of the information, from an additional source that has
independent and direct knowledge of the information; or
(B) the person interviewed is the best possible source of the infor-
mation.
§ 607. Compliance procedures [15 U.S.C. § 1681e]
(a) Identity and purposes of credit users. Every consumer reporting agency
shall maintain reasonable procedures designed to avoid violations of sec-
tion 605 [§ 1681c] and to limit the furnishing of consumer reports to the
purposes listed under section 604 [§ 1681b] of this title. These procedures
shall require that prospective users of the information identify themselves,
certify the purposes for which the information is sought, and certify
that the information will be used for no other purpose. Every consumer
reporting agency shall make a reasonable effort to verify the identity of a
new prospective user and the uses certified by such prospective user prior
to furnishing such user a consumer report. No consumer reporting agency
may furnish a consumer report to any person if it has reasonable grounds
for believing that the consumer report will not be used for a purpose listed
in section 604 [§ 1681b] of this title.
(b) Accuracy of report. Whenever a consumer reporting agency prepares a
consumer report it shall follow reasonable procedures to assure maximum
possible accuracy of the information concerning the individual about
whom the report relates.
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§ 607 - 15 U.S.C. § 1681e
(c) Disclosure of consumer reports by users allowed. A consumer report-
ing agency may not prohibit a user of a consumer report furnished by the
agency on a consumer from disclosing the contents of the report to the
consumer, if adverse action against the consumer has been taken by the
user based in whole or in part on the report.
(d) Notice to Users and Furnishers of Information
(1) Notice requirement. A consumer reporting agency shall provide to
any person
(A) who regularly and in the ordinary course of business furnishes
information to the agency with respect to any consumer; or
(B) to whom a consumer report is provided by the agency; a notice
of such person’s responsibilities under this title.
See also 16 CFR 698, App G-H
69 Fed. Reg. 69776 (11/30/04)
(2) Content of notice. The Bureau shall prescribe the content of notices
under paragraph (1), and a consumer reporting agency shall be in
compliance with this subsection if it provides a notice under para-
graph (1) that is substantially similar to the Bureau prescription under
this paragraph.
(e) Procurement of Consumer Report for Resale
(1) Disclosure. A person may not procure a consumer report for pur-
poses of reselling the report (or any information in the report) unless
the person discloses to the consumer reporting agency that originally
furnishes the report
(A) the identity of the end-user of the report (or information); and
(B) each permissible purpose under section 604 [§ 1681b] for which
the report is furnished to the end-user of the report (or informa-
tion).
(2) Responsibilities of procurers for resale. A person who procures a
consumer report for purposes of reselling the report (or any informa-
tion in the report) shall
(A) establish and comply with reasonable procedures designed to
ensure that the report (or information) is resold by the person
only for a purpose for which the report may be furnished under
section 604 [§ 1681b], including by requiring that each person
to which the report (or information) is resold and that resells or
provides the report (or information) to any other person
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§ 609 - 15 U.S.C. § 1681g
(i) identifies each end user of the resold report (or informa-
tion);
(ii) certifies each purpose for which the report (or informa-
tion) will be used; and
(iii) certifies that the report (or information) will be used for
no other purpose; and
(B) before reselling the report, make reasonable efforts to verify the
identifications and certifications made under subparagraph (A).
(3) Resale of consumer report to a federal agency or department. Not-
withstanding paragraph (1) or (2), a person who procures a consumer
report for purposes of reselling the report (or any information in the
report) shall not disclose the identity of the end-user of the report
under paragraph (1) or (2) if –
(A) the end user is an agency or department of the United States
Government which procures the report from the person for pur-
poses of determining the eligibility of the consumer concerned
to receive access or continued access to classified information
(as defined in section 604(b)(4)(E)(i)); and
(B) the agency or department certifies in writing to the person
reselling the report that nondisclosure is necessary to protect
classified information or the safety of persons employed by or
contracting with, or undergoing investigation for work or con-
tracting with the agency or department.
§ 608. Disclosures to governmental agencies [15 U.S.C. § 1681f]
Notwithstanding the provisions of section 604 [§ 1681b] of this title, a
consumer reporting agency may furnish identifying information respecting
any consumer, limited to his name, address, former addresses, places of
employment, or former places of employment, to a governmental agency.
§ 609. Disclosures to consumers [15 U.S.C. § 1681g]
(a) Information on file; sources; report recipients. Every consumer reporting
agency shall, upon request, and subject to 610(a)(1) [§ 1681h], clearly and
accurately disclose to the consumer:
(1) All information in the consumer’s file at the time of the request
except that--
(A) if the consumer to whom the file relates requests that the first
5 digits of the social security number (or similar identification
number) of the consumer not be included in the disclosure and
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§ 609 - 15 U.S.C. § 1681g
the consumer reporting agency has received appropriate proof
of the identity of the requester, the consumer reporting agency
shall so truncate such number in such disclosure; and
(B) nothing in this paragraph shall be construed to require a con-
sumer reporting agency to disclose to a consumer any informa-
tion concerning credit scores or any other risk scores or predic-
tors relating to the consumer.
(2) The sources of the information; except that the sources of informa-
tion acquired solely for use in preparing an investigative consumer
report and actually use for no other purpose need not be disclosed:
Provided, That in the event an action is brought under this title, such
sources shall be available to the plaintiff under appropriate discovery
procedures in the court in which the action is brought.
(3) (A) Identification of each person (including each end-user identified
under section 607(e)(1) [§ 1681e]) that procured a consumer
report
(i) for employment purposes, during the 2-year period pre-
ceding the date on which the request is made; or
(ii) for any other purpose, during the 1-year period preceding
the date on which the request is made.
(B) An identification of a person under subparagraph (A) shall
include
(i) the name of the person or, if applicable, the trade name
(written in full) under which such person conducts busi-
ness; and
(ii) upon request of the consumer, the address and telephone
number of the person.
(C) Subparagraph (A) does not apply if –
(i) the end user is an agency or department of the United
States Government that procures the report from the
person for purposes of determining the eligibility of the
consumer to whom the report relates to receive access or
continued access to classified information (as defined in
section 604(b)(4)(E)(i)); and
(ii) the head of the agency or department makes a written
finding as prescribed under section 604(b)(4)(A).
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§ 609 - 15 U.S.C. § 1681g
(4) The dates, original payees, and amounts of any checks upon which is
based any adverse characterization of the consumer, included in the
file at the time of the disclosure.
(5) A record of all inquiries received by the agency during the 1-year
period preceding the request that identified the consumer in connec-
tion with a credit or insurance transaction that was not initiated by the
consumer.
(6) If the consumer requests the credit file and not the credit score, a
statement that the consumer may request and obtain a credit score.
(b) Exempt information. The requirements of subsection (a) of this section
respecting the disclosure of sources of information and the recipients
of consumer reports do not apply to information received or consumer
reports furnished prior to the effective date of this title except to the extent
that the matter involved is contained in the files of the consumer reporting
agency on that date.
(c) Summary of Rights to Obtain and Dispute Information in Consumer Re-
ports and to Obtain Credit Scores
See also 16 CFR Part 698, App F
69 Fed. Reg. 69776 (11/30/04)
(1) Bureau Summary of Rights Required
(A) In general. The Bureau shall prepare a model summary of the
rights of consumers under this title.
(B) Content of summary. The summary of rights prepared under
subparagraph (A) shall include a description of –
(i) the right of a consumer to obtain a copy of a consumer
report under subsection (a) from each consumer reporting
agency;
(ii) the frequency and circumstances under which a consumer
is entitled to receive a consumer report without charge
under section 612;
(iii) the right of a consumer to dispute information in the file
of the consumer under section 611;
(iv) the right of a consumer to obtain a credit score from a
consumer reporting agency, and a description of how to
obtain a credit score;
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(2)
Summary of rights required to be included with agency disclosures
A consumer reporting agency shall provide to a consumer, with each
written disclosure by the agency to the consumer under this section –
(C)
(A)
(B)
(C)
(D)
(E)
§ 609 - 15 U.S.C. § 1681g
(v) the method by which a consumer can contact, and obtain a
consumer report from, a consumer reporting agency with-
out charge, as provided in the regulations of the Bureau
prescribed under section 211(c) of the Fair and Accurate
Credit Transactions Act of 2003; and
(vi) the method by which a consumer can contact, and obtain
a consumer report from, a consumer reporting agency
described in section 603(w), as provided in the regulations
of the Bureau prescribed under section 612(a)(1)(C).
Availability of summary of rights. The Bureau shall –
(i) actively publicize the availability of the summary of rights
prepared under this paragraph;
(ii) conspicuously post on its Internet website the availability
of such summary of rights; and
(iii) promptly make such summary of rights available to con-
sumers, on request.
.
the summary of rights prepared by the Bureau under paragraph
(1);
in the case of a consumer reporting agency described in section
603(p), a toll-free telephone number established by the agency,
at which personnel are accessible to consumers during normal
business hours;
a list of all Federal agencies responsible for enforcing any pro-
vision of this title, and the address and any appropriate phone
number of each such agency, in a form that will assist the con-
sumer in selecting the appropriate agency;
a statement that the consumer may have additional rights under
State law, and that the consumer may wish to contact a State or
local consumer protection agency or a State attorney general (or
the equivalent thereof) to learn of those rights; and
a statement that a consumer reporting agency is not required
to remove accurate derogatory information from the file of a
consumer, unless the information is outdated under section 605
or cannot be verified.
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§ 609 - 15 U.S.C. § 1681g
(d)
Summary of Rights of Identity Theft Victims
(e)
Information Available to Victims
(1)
(2)
(1)
See also 16 CFR Part 698, App E
69 Fed. Reg. 69776 (11/30/04)
In general. The Bureau, in consultation with the Federal banking
agencies and the National Credit Union Administration, shall prepare
a model summary of the rights of consumers under this title with re-
spect to the procedures for remedying the effects of fraud or identity
theft involving credit, an electronic fund transfer, or an account or
transaction at or with a financial institution or other creditor.
Summary of rights and contact information. Beginning 60 days
after the date on which the model summary of rights is prescribed in
final form by the Bureau pursuant to paragraph (1), if any consumer
contacts a consumer reporting agency and expresses a belief that the
consumer is a victim of fraud or identity theft involving credit, an
electronic fund transfer, or an account or transaction at or with a
financial institution or other creditor, the consumer reporting agency
shall, in addition to any other action that the agency may take, pro-
vide the consumer with a summary of rights that contains all of the
information required by the Bureau under paragraph (1), and infor-
mation on how to contact the Bureau to obtain more detailed informa-
tion.
In general. For the purpose of documenting fraudulent transactions
resulting from identity theft, not later than 30 days after the date of
receipt of a request from a victim in accordance with paragraph (3),
and subject to verification of the identity of the victim and the claim
of identity theft in accordance with paragraph (2), a business entity
that has provided credit to, provided for consideration products,
goods, or services to, accepted payment from, or otherwise entered
into a commercial transaction for consideration with, a person who
has allegedly made unauthorized use of the means of identification of
the victim, shall provide a copy of application and business transac-
tion records in the control of the business entity, whether maintained
by the business entity or by another person on behalf of the business
entity, evidencing any transaction alleged to be a result of identity
theft to –
(A) the victim;
(B) any Federal, State, or local government law enforcement
agency or officer specified by the victim in such a request; or
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§ 609 - 15 U.S.C. § 1681g
(C) Any law enforcement agency investigating the identity theft
and authorized by the victim to take receipt of records provided
under this subsection.
(2) Verification of identity and claim. Before a business entity provides
any information under paragraph (1), unless the business entity, at its
discretion, otherwise has a high degree of confidence that it knows
the identity of the victim making a request under paragraph (1), the
victim shall provide to the business entity –
(A) as proof of positive identification of the victim, at the election
of the business entity –
(i) the presentation of a government-issued identification
card;
(ii) personally identifying information of the same type as was
provided to the business entity by the unauthorized per-
son; or
(iii) personally identifying information that the business entity
typically requests from new applicants or for new transac-
tions, at the time of the victim’s request for information,
including any documentation described in clauses (i) and
(ii); and
(B) as proof of a claim of identity theft, at the election of the busi-
ness entity –
(i) a copy of a police report evidencing the claim of the vic-
tim of identity theft; and
(ii) a properly completed –
(I) copy of a standardized affidavit of identity theft de-
veloped and made available by the Bureau; or
(II) an affidavit of fact that is acceptable to the business
entity for that purpose.
(3) Procedures. The request of a victim under paragraph (1) shall –
(A) be in writing;
(B) be mailed to an address specified by the business entity, if any;
and
(C) if asked by the business entity, include relevant information
about any transaction alleged to be a result of identity theft to
facilitate compliance with this section including –
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§ 609 - 15 U.S.C. § 1681g
(4)
(5)
(6)
(7)
(8)
(9)
(i) if known by the victim (or if readily obtainable by the
victim), the date of the application or transaction; and
(ii) if known by the victim (or if readily obtainable by the vic-
tim), any other identifying information such as an account
or transaction number.
No charge to victim. Information required to be provided under
paragraph (1) shall be so provided without charge.
Authority to decline to provide information. A business entity may
decline
to provide information under paragraph (1) if, in the
exercise of good faith, the business entity determines that –
(A) this subsection does not require disclosure of the information;
(B) after reviewing the information provided pursuant to paragraph
(2), the business entity does not have a high degree of confi-
dence in knowing the true identity of the individual requesting
the information;
(C) the request for the information is based on a misrepresentation
of fact by the individual requesting the information relevant to
the request for information; or
(D the information requested is Internet navigational data or
similar information about a person’s visit to a website or online
service.
Limitation on liability. Except as provided in section 621, sections
616 and 617 do not apply to any violation of this subsection.
Limitation on civil liability. No business entity may be held civilly
liable under any provision of Federal, State, or other law for disclo-
sure, made in good faith pursuant to this subsection.
No new recordkeeping obligation. Nothing in this subsection cre-
ates an obligation on the part of a business entity to obtain, retain, or
maintain information or records that are not otherwise required to be
obtained, retained, or maintained in the ordinary course of its busi-
ness or under other applicable law.
Rule of Construction
(A) In general. No provision of subtitle A of title V of Public Law
106-102, prohibiting the disclosure of financial information by
a business entity to third parties shall be used to deny disclosure
of information to the victim under this subsection.
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(f)
Disclosure of Credit Scores
(10)
(11)
(12)
(13)
(1)
§ 609 - 15 U.S.C. § 1681g
(B) Limitation. Except as provided in subparagraph (A), nothing
in this subsection permits a business entity to disclose informa-
tion, including information to law enforcement under subpara-
graphs (B) and (C) of paragraph (1), that the business entity is
otherwise prohibited from disclosing under any other applicable
provision of Federal or State law.
Affirmative defense. In any civil action brought to enforce this
subsection, it is an affirmative defense (which the defendant must
establish by a preponderance of the evidence) for a business entity to
file an affidavit or answer stating that–
(A) the business entity has made a reasonably diligent search of its
available business records; and
(B) the records requested under this subsection do not exist or are
not reasonably available.
Definition of victim. For purposes of this subsection, the term “vic-
tim” means a consumer whose means of identification or financial
information has been used or transferred (or has been alleged to have
been used or transferred) without the authority of that consumer, with
the intent to commit, or to aid or abet, an identity theft or a similar
crime.
Effective date. This subsection shall become effective 180 days after
the date of enactment of this subsection.
Effectiveness study. Not later than 18 months after the date of enact-
ment of this subsection, the Comptroller General of the United States
shall submit a report to Congress assessing the effectiveness of this
provision.
In general. Upon the request of a consumer for a credit score, a
consumer reporting agency shall supply to the consumer a state-
ment indicating that the information and credit scoring model may be
different than the credit score that may be used by the lender, and a
notice which shall include –
(A) the current credit score of the consumer or the most recent
credit score of the consumer that was previously calculated by
the credit reporting agency for a purpose related to the exten-
sion of credit;
(B) the range of possible credit scores under the model used;
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§ 609 - 15 U.S.C. § 1681g
(C) all of the key factors that adversely affected the credit score
of the consumer in the model used, the total number of which
shall not exceed 4, subject to paragraph (9);
(D) the date on which the credit score was created; and
(E) the name of the person or entity that provided the credit score
or credit file upon which the credit score was created.
(2) Definitions. For purposes of this subsection, the following defini-
tions shall apply:
(A) The term “credit score” –
(i) means a numerical value or a categorization derived from
a statistical tool or modeling system used by a person who
makes or arranges a loan to predict the likelihood of cer-
tain credit behaviors, including default (and the numerical
value or the categorization derived from such analysis may
also be referred to as a “risk predictor” or “risk score”);
and
(ii) does not include –
(I) any mortgage score or rating of an automated un-
derwriting system that considers one or more factors
in addition to credit information, including the loan
to value ratio, the amount of down payment, or the
financial assets of a consumer; or
(II) any other elements of the underwriting process or
underwriting decision.
(B) The term “key factors” means all relevant elements or reasons
adversely affecting the credit score for the particular individual,
listed in the order of their importance based on their effect on
the credit score.
(3) Timeframe and manner of disclosure. The information required by
this subsection shall be provided in the same timeframe and manner
as the information described in subsection (a).
(4) Applicability to certain uses. This subsection shall not be construed
so as to compel a consumer reporting agency to develop or disclose a
score if the agency does not –
(A) distribute scores that are used in connection with residential real
property loans; or
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§ 609 - 15 U.S.C. § 1681g
(B) develop scores that assist credit providers in understanding the
general credit behavior of a consumer and predicting the future
credit behavior of the consumer.
(5) Applicability to credit scores developed by another person.
(A) In general. This subsection shall not be construed to require a
consumer reporting agency that distributes credit scores devel-
oped by another person or entity to provide a further explana-
tion of them, or to process a dispute arising pursuant to section
611, except that the consumer reporting agency shall provide
the consumer with the name and address and website for con-
tacting the person or entity who developed the score or devel-
oped the methodology of the score.
(B) Exception. This paragraph shall not apply to a consumer re-
porting agency that develops or modifies scores that are devel-
oped by another person or entity.
(6) Maintenance of credit scores not required. This subsection shall
not be construed to require a consumer reporting agency to maintain
credit scores in its files.
(7) Compliance in certain cases. In complying with this subsection, a
consumer reporting agency shall –
(A) supply the consumer with a credit score that is derived from a
credit scoring model that is widely distributed to users by that
consumer reporting agency in connection with residential real
property loans or with a credit score that assists the consumer
in understanding the credit scoring assessment of the credit
behavior of the consumer and predictions about the future credit
behavior of the consumer; and
(B) a statement indicating that the information and credit scoring
model may be different than that used by the lender.
(8) Fair and reasonable fee. A consumer reporting agency may charge
a fair and reasonable fee, as determined by the Bureau, for providing
the information required under this subsection.
See also 69 Fed. Reg. 64698 (11/08/04)
(9) Use of enquiries as a key factor. If a key factor that adversely affects
the credit score of a consumer consists of the number of enquiries
made with respect to a consumer report, that factor shall be included
in the disclosure pursuant to paragraph (1)(C) without regard to the
numerical limitation in such paragraph.
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§ 609 - 15 U.S.C. § 1681g
(g) Disclosure of Credit Scores by Certain Mortgage Lenders
(1) In general. Any person who makes or arranges loans and who uses
a consumer credit score, as defined in subsection (f), in connection
with an application initiated or sought by a consumer for a closed end
loan or the establishment of an open end loan for a consumer purpose
that is secured by 1 to 4 units of residential real property (hereafter in
this subsection referred to as the “lender”) shall provide the follow-
ing to the consumer as soon as reasonably practicable:
(A) Information Required under Subsection (f)
(i) In general. A copy of the information identified in
subsection (f) that was obtained from a consumer report-
ing agency or was developed and used by the user of the
information.
(ii) Notice under subparagraph (D). In addition to the infor-
mation provided to it by a third party that provided the
credit score or scores, a lender is only required to provide
the notice contained in subparagraph (D).
(B) Disclosures in Case of Automated Underwriting System
(i) In general. If a person that is subject to this subsection
uses an automated underwriting system to underwrite a
loan, that person may satisfy the obligation to provide a
credit score by disclosing a credit score and associated key
factors supplied by a consumer reporting agency.
(ii) Numerical credit score. However, if a numerical credit
score is generated by an automated underwriting system
used by an enterprise, and that score is disclosed to the
person, the score shall be disclosed to the consumer con-
sistent with subparagraph (c).
(iii) Enterprise defined. For purposes of this subparagraph,
the term “enterprise” has the same meaning as in para-
graph (6) of section 1303 of the Federal Housing Enter-
prises Financial Safety and Soundness Act of 1992.
(C) Disclosures of credit scores not obtained from a consumer
reporting agency. A person that is subject to the provisions of
this subsection and that uses a credit score, other than a credit
score provided by a consumer reporting agency, may satisfy the
obligation to provide a credit score by disclosing a credit score
and associated key factors supplied by a consumer reporting
agency.
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§ 609 - 15 U.S.C. § 1681g
(D) Notice to home loan applicants. A copy of the following
notice, which shall include the name, address, and telephone
number of each consumer reporting agency providing a credit
score that was used:
“Notice To The Home Loan Applicant
“In connection with your application for a home loan, the lender must disclose
to you the score that a consumer reporting agency distributed to users and the
lender used in connection with your home loan, and the key factors affecting
your credit scores.
“The credit score is a computer generated summary calculated at the time of the
request and based on information that a consumer reporting agency or lender
has on file. The scores are based on data about your credit history and payment
patterns. Credit scores are important because they are used to assist the lender
in determining whether you will obtain a loan. They may also be used to
determine what interest rate you may be offered on the mortgage. Credit scores
can change over time, depending on your conduct, how your credit history and
payment patterns change, and how credit scoring technologies change.
“Because the score is based on information in your credit history, it is very
important that you review the credit-related information that is being furnished
to make sure it is accurate. Credit records may vary from one company to
another.
“If you have questions about your credit score or the credit information that
is furnished to you, contact the consumer reporting agency at the address and
telephone number provided with this notice, or contact the lender, if the lender
developed or generated the credit score. The consumer reporting agency plays
no part in the decision to take any action on the loan application and is unable
to provide you with specific reasons for the decision on a loan application.
“If you have questions concerning the terms of the loan, contact the lender.”
(E) Actions not required under this subsection. This subsection
shall not require any person to –
(i) explain the information provided pursuant to subsection
(f);
(ii disclose any information other than a credit score or key
factors, as defined in subsection (f);
(iii) disclose any credit score or related information obtained
by the user after a loan has closed;
(iv) provide more than 1 disclosure per loan transaction; or
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§ 610 - 15 U.S.C. § 1681h
§ 610.
Conditions and form of disclosure to consumers
[15 U.S.C. § 1681h]
(a)
In General
(b)
Other Forms of Disclosure
(2)
(1)
(2)
(1)
(v) provide the disclosure required by this subsection when
another person has made the disclosure to the consumer
for that loan transaction.
(F) No Obligation for Content
(i) In general. The obligation of any person pursuant to
this subsection shall be limited solely to providing a copy
of the information that was received from the consumer
reporting agency.
(ii) Limit on liability. No person has liability under this
subsection for the content of that information or for the
omission of any information within the report provided by
the consumer reporting agency.
(G) Person defined as excluding enterprise. As used in this sub-
section, the term “person” does not include an enterprise (as
defined in paragraph (6) of section 1303 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992).
Prohibition on Disclosure Clauses Null and Void
(A) In general. Any provision in a contract that prohibits the
disclosure of a credit score by a person who makes or arranges
loans or a consumer reporting agency is void.
(B) No liability for disclosure under this subsection. A lender shall
not have liability under any contractual provision for disclosure
of a credit score pursuant to this subsection.
Proper identification. A consumer reporting agency shall require,
as a condition of making the disclosures required under section 609
[§ 1681g], that the consumer furnish proper identification.
Disclosure in writing. Except as provided in subsection (b), the
disclosures required to be made under section 609 [§ 1681g] shall be
provided under that section in writing.
In general. If authorized by a consumer, a consumer reporting
agency may make the disclosures required under 609 [§ 1681g]
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§ 610 - 15 U.S.C. § 1681h
(A) other than in writing; and
(B) in such form as may be
(i) specified by the consumer in accordance with paragraph
(2); and
(ii) available from the agency.
(2) Form. A consumer may specify pursuant to paragraph (1) that dis-
closures under section 609 [§ 1681g] shall be made
(A) in person, upon the appearance of the consumer at the place of
business of the consumer reporting agency where disclosures
are regularly provided, during normal business hours, and on
reasonable notice;
(B) by telephone, if the consumer has made a written request for
disclosure by telephone;
(C) by electronic means, if available from the agency; or
(D) by any other reasonable means that is available from the
agency.
(c) Trained personnel. Any consumer reporting agency shall provide trained
personnel to explain to the consumer any information furnished to him
pursuant to section 609 [§ 1681g] of this title.
(d) Persons accompanying consumer. The consumer shall be permitted to be
accompanied by one other person of his choosing, who shall furnish rea-
sonable identification. A consumer reporting agency may require the con-
sumer to furnish a written statement granting permission to the consumer
reporting agency to discuss the consumer’s file in such person’s presence.
(e) Limitation of liability. Except as provided in sections 616 and 617 [§§
1681n and 1681o] of this title, no consumer may bring any action or
proceeding in the nature of defamation, invasion of privacy, or negligence
with respect to the reporting of information against any consumer report-
ing agency, any user of information, or any person who furnishes infor-
mation to a consumer reporting agency, based on information disclosed
pursuant to section 609, 610, or 615 [§§ 1681g, 1681h, or 1681m] of this
title or based on information disclosed by a user of a consumer report to
or for a consumer against whom the user has taken adverse action, based
in whole or in part on the report, except as to false information furnished
with malice or willful intent to injure such consumer.
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§ 611 - 15 U.S.C. § 1681i
§ 611.
Procedure in case of disputed accuracy [15 U.S.C. § 1681i]
(a)
Reinvestigations of Disputed Information
Reinvestigation Required
Prompt Notice of Dispute to Furnisher of Information
(1)
(A)
(B)
(C)
(2)
(A)
(B)
In general. Subject to subsection (f), if the completeness or
accuracy of any item of information contained in a consumer’s
file at a consumer reporting agency is disputed by the consumer
and the consumer notifies the agency directly, or indirectly
through a reseller, of such dispute, the agency shall, free of
charge, conduct a reasonable reinvestigation to determine
whether the disputed information is inaccurate and record the
current status of the disputed information, or delete the item
from the file in accordance with paragraph (5), before the end
of the 30-day period beginning on the date on which the agency
receives the notice of the dispute from the consumer or reseller.
Extension of period to reinvestigate. Except as provided in
subparagraph (c), the 30-day period described in subparagraph
(A) may be extended for not more than 15 additional days if the
consumer reporting agency receives information from the con-
sumer during that 30-day period that is relevant to the reinvesti-
gation.
Limitations on extension of period to reinvestigate. Subpara-
graph (B) shall not apply to any reinvestigation in which,
during the 30-day period described in subparagraph (A), the
information that is the subject of the reinvestigation is found to
be inaccurate or incomplete or the consumer reporting agency
determines that the information cannot be verified.
In general. Before the expiration of the 5-business-day period
beginning on the date on which a consumer reporting agency
receives notice of a dispute from any consumer or a reseller in
accordance with paragraph (1), the agency shall provide noti-
fication of the dispute to any person who provided any item of
information in dispute, at the address and in the manner es-
tablished with the person. The notice shall include all relevant
information regarding the dispute that the agency has received
from the consumer or reseller.
Provision of other information. The consumer reporting agency
shall promptly provide to the person who provided the informa-
tion in dispute all relevant information regarding the dispute
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§ 611 - 15 U.S.C. § 1681i
that is received by the agency from the consumer or the reseller
after the period referred to in subparagraph (A) and before the
end of the period referred to in paragraph (1)(A).
(3) Determination That Dispute Is Frivolous or Irrelevant
(A) In general. Notwithstanding paragraph (1), a consumer reporting
agency may terminate a reinvestigation of information disputed by
a consumer under that paragraph if the agency reasonably deter-
mines that the dispute by the consumer is frivolous or irrelevant,
including by reason of a failure by a consumer to provide suffi-
cient information to investigate the disputed information.
(B) Notice of determination. Upon making any determination in
accordance with subparagraph (A) that a dispute is frivolous or
irrelevant, a consumer reporting agency shall notify the con-
sumer of such determination not later than 5 business days after
making such determination, by mail or, if authorized by the
consumer for that purpose, by any other means available to the
agency.
(C) Contents of notice. A notice under subparagraph (B) shall
include
(i) the reasons for the determination under subparagraph (A);
and
(ii)i dentification of any information required to investigate the
disputed information, which may consist of a standardized
form describing the general nature of such information.
(4) Consideration of consumer information. In conducting any reinvesti-
gation under paragraph (1) with respect to disputed information in the
file of any consumer, the consumer reporting agency shall review and
consider all relevant information submitted by the consumer in the
period described in paragraph (1)(A) with respect to such disputed
information.
(5) Treatment of Inaccurate or Unverifiable Information
(A) In general. If, after any reinvestigation under paragraph (1) of
any information disputed by a consumer, an item of the infor-
mation is found to be inaccurate or incomplete or cannot be
verified, the consumer reporting agency shall–
(i) promptly delete that item of information from the file of
the consumer, or modify that item of information, as ap-
propriate, based on the results of the reinvestigation; and
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§ 611 - 15 U.S.C. § 1681i
(ii) promptly notify the furnisher of that information that the
information has been modified or deleted from the file of
the consumer.
(B) Requirements Relating to Reinsertion of Previously Deleted
Material
(i) Certification of accuracy of information. If any informa-
tion is deleted from a consumer’s file pursuant to subpara-
graph (A), the information may not be reinserted in the
file by the consumer reporting agency unless the person
who furnishes the information certifies that the informa-
tion is complete and accurate.
(ii) Notice to consumer. If any information that has been
deleted from a consumer’s file pursuant to subparagraph
(A) is reinserted in the file, the consumer reporting agency
shall notify the consumer of the reinsertion in writing
not later than 5 business days after the reinsertion or, if
authorized by the consumer for that purpose, by any other
means available to the agency.
(iii) Additional information. As part of, or in addition to, the
notice under clause (ii), a consumer reporting agency shall
provide to a consumer in writing not later than 5 business
days after the date of the reinsertion
(I) a statement that the disputed information has been
reinserted;
(II) the business name and address of any furnisher of
information contacted and the telephone number of
such furnisher, if reasonably available, or of any
furnisher of information that contacted the consumer
reporting agency, in connection with the reinsertion
of such information; and
(III) a notice that the consumer has the right to add a state-
ment to the consumer’s file disputing the accuracy or
completeness of the disputed information.
(C) Procedures to prevent reappearance. A consumer report-
ing agency shall maintain reasonable procedures designed to
prevent the reappearance in a consumer’s file, and in consumer
reports on the consumer, of information that is deleted pursuant
to this paragraph (other than information that is reinserted in
accordance with subparagraph (B)(i)).
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(6)
Notice of Results of Reinvestigation
(7)
Description of reinvestigation procedure.
agency shall provide to a consumer a description referred to in para
graph (6)(B)(iii) by not later than 15 days after receiving a request
from the consumer for that description.
(D)
(A)
(B)
§ 611 - 15 U.S.C. § 1681i
Automated reinvestigation system. Any consumer reporting
agency that compiles and maintains files on consumers on a
nationwide basis shall implement an automated system through
which furnishers of information to that consumer reporting
agency may report the results of a reinvestigation that finds in-
complete or inaccurate information in a consumer’s file to other
such consumer reporting agencies.
In general. A consumer reporting agency shall provide written
notice to a consumer of the results of a reinvestigation under
this subsection not later than 5 business days after the comple-
tion of the reinvestigation, by mail or, if authorized by the con-
sumer for that purpose, by other means available to the agency.
Contents. As part of, or in addition to, the notice under sub-
paragraph (A), a consumer reporting agency shall provide to a
consumer in writing before the expiration of the 5-day period
referred to in subparagraph (A)
(i) a statement that the reinvestigation is completed;
(ii) a consumer report that is based upon the consumer’s file
as that file is revised as a result of the reinvestigation;
(iii) a notice that, if requested by the consumer, a descrip-
tion of the procedure used to determine the accuracy and
completeness of the information shall be provided to the
consumer by the agency, including the business name and
address of any furnisher of information contacted in con-
nection with such information and the telephone number
of such furnisher, if reasonably available;
(iv) a notice that the consumer has the right to add a statement
to the consumer’s file disputing the accuracy or complete-
ness of the information; and
(v) a notice that the consumer has the right to request under
subsection (d) that the consumer reporting agency furnish
notifications under that subsection.
A consumer reporting
-
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§ 611 - 15 U.S.C. § 1681i
(8) Expedited dispute resolution. If a dispute regarding an item of
information in a consumer’s file at a consumer reporting agency is
resolved in accordance with paragraph (5)(A) by the deletion of the
disputed information by not later than 3 business days after the date
on which the agency receives notice of the dispute from the consumer
in accordance with paragraph (1)(A), then the agency shall not be
required to comply with paragraphs (2), (6), and (7) with respect to
that dispute if the agency
(A) provides prompt notice of the deletion to the consumer by tele-
phone;
(B) includes in that notice, or in a written notice that accompanies a
confirmation and consumer report provided in accordance with
subparagraph (C), a statement of the consumer’s right to re-
quest under subsection (d) that the agency furnish notifications
under that subsection; and
(C) provides written confirmation of the deletion and a copy of a
consumer report on the consumer that is based on the consum-
er’s file after the deletion, not later than 5 business days after
making the deletion.
(b) Statement of dispute. If the reinvestigation does not resolve the dispute,
the consumer may file a brief statement setting forth the nature of the
dispute. The consumer reporting agency may limit such statements to not
more than one hundred words if it provides the consumer with assistance
in writing a clear summary of the dispute.
(c) Notification of consumer dispute in subsequent consumer reports. When-
ever a statement of a dispute is filed, unless there is reasonable grounds
to believe that it is frivolous or irrelevant, the consumer reporting agency
shall, in any subsequent report containing the information in question,
clearly note that it is disputed by the consumer and provide either the con-
sumer’s statement or a clear and accurate codification or summary thereof.
(d) Notification of deletion of disputed information. Following any deletion of
information which is found to be inaccurate or whose accuracy can no lon-
ger be verified or any notation as to disputed information, the consumer
reporting agency shall, at the request of the consumer, furnish notification
that the item has been deleted or the statement, codification or summary
pursuant to subsection (b) or (c) of this section to any person specifically
designated by the consumer who has within two years prior thereto re-
ceived a consumer report for employment purposes, or within six months
prior thereto received a consumer report for any other purpose, which
contained the deleted or disputed information.
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(e)
Treatment of Complaints and Report to Congress
(f)
Reinvestigation Requirement Applicable to Resellers
(1)
(2)
(3)
(4)
(5)
(1)
§ 611 - 15 U.S.C. § 1681i
In general. The Bureau shall –
(A) compile all complaints that it receives that a file of a consumer
that is maintained by a consumer reporting agency described in
section 603(p) contains incomplete or inaccurate information,
with respect to which, the consumer appears to have disputed the
completeness or accuracy with the consumer reporting agency or
otherwise utilized the procedures provided by subsection (a); and
(B) transmit each such complaint to each consumer reporting
agency involved.
Exclusion. Complaints received or obtained by the Bureau pursuant
to its investigative authority under the Consumer Financial Protection
Act of 2010 shall not be subject to paragraph (1).
Agency responsibilities. Each consumer reporting agency described
in section 603(p) that receives a complaint transmitted by the Bureau
pursuant to paragraph (1) shall –
(A) review each such complaint to determine whether all legal ob-
ligations imposed on the consumer reporting agency under this
title (including any obligation imposed by an applicable court or
administrative order) have been met with respect to the subject
matter of the complaint;
(B) provide reports on a regular basis to the Bureau regarding the
determinations of and actions taken by the consumer reporting
agency, if any, in connection with its review of such com-
plaints; and
(C) maintain, for a reasonable time period, records regarding the
disposition of each such complaint that is sufficient to demon-
strate compliance with this subsection.
Rulemaking authority. The Bureau may prescribe regulations, as ap-
propriate to implement this subsection.
Annual report. The Bureau shall submit to the Committee on Bank-
ing, Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives an annual report
regarding information gathered by the Bureau under this subsection.
Exemption from general reinvestigation requirement. Except as pro-
vided in paragraph (2), a reseller shall be exempt from the require-
ments of this section.
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§ 611 - 15 U.S.C. § 1681i
(2) Action required upon receiving notice of a dispute. If a reseller
receives a notice from a consumer of a dispute concerning the
completeness or accuracy of any item of information contained in
a consumer report on such consumer produced by the reseller, the
reseller shall, within 5 business days of receiving the notice, and free
of charge –
(A) determine whether the item of information is incomplete or
inaccurate as a result of an act or omission of the reseller; and
(B) (i) if the reseller determines that the item of information is
incomplete or inaccurate as a result of an act or omission
of the reseller, not later than 20 days after receiving the
notice, correct the information in the consumer report or
delete it; or
(ii) if the reseller determines that the item of information
is not incomplete or inaccurate as a result of an act or
omission of the reseller, convey the notice of the dispute,
together with all relevant information provided by the
consumer, to each consumer reporting agency that pro-
vided the reseller with the information that is the subject
of the dispute, using an address or a notification mecha-
nism specified by the consumer reporting agency for such
notices.
(3) Responsibility of consumer reporting agency to notify consumer
through reseller. Upon the completion of a reinvestigation under this
section of a dispute concerning the completeness or accuracy of any
information in the file of a consumer by a consumer reporting agency
that received notice of the dispute from a reseller under paragraph (2)
(A) the notice by the consumer reporting agency under paragraph
(6), (7), or (8) of subsection (a) shall be provided to the reseller
in lieu of the consumer; and
(B) the reseller shall immediately reconvey such notice to the con-
sumer, including any notice of a deletion by telephone in the
manner required under paragraph (8)(A).
(4) Reseller reinvestigations. No provision of this subsection shall be
construed as prohibiting a reseller from conducting a reinvestigation
of a consumer dispute directly.
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§ 612.
Charges for certain disclosures [15 U.S.C. § 1681j]
(a)
Free Annual Disclosure
Nationwide Consumer Reporting Agencies
(1)
(A)
(B)
(C)
§ 612 - 15 U.S.C. § 1681j
See also 16 CFR Part 610
69 Fed. Reg. 35467 (06/24/04)
75 Fed. Reg. 9726 (03/03/10)
In general. All consumer reporting agencies described in
subsections (p) and (w) of section 603 shall make all disclosures
pursuant to section 609 once during any 12-month period upon
request of the consumer and without charge to the consumer.
Centralized source. Subparagraph (A) shall apply with respect
to a consumer reporting agency described in section 603(p)
only if the request from the consumer is made using the central-
ized source established for such purpose in accordance with
section 211(c) of the Fair and Accurate Credit Transactions Act
of 2003.
Nationwide Specialty Consumer Reporting Agency
(i) In general. The Bureau shall prescribe regulations appli-
cable to each consumer reporting agency described in sec-
tion 603(w) to require the establishment of a streamlined
process for consumers to request consumer reports under
subparagraph (A), which shall include, at a minimum, the
establishment by each such agency of a toll-free telephone
number for such requests.
(ii) Considerations. In prescribing regulations under clause
(i), the Bureau shall consider–
(I) the significant demands that may be placed on con-
sumer reporting agencies in providing such consumer
reports;
(II) appropriate means to ensure that consumer report-
ing agencies can satisfactorily meet those demands,
including the efficacy of a system of staggering the
availability to consumers of such consumer reports;
and
(III) the ease by which consumers should be able to
contact consumer reporting agencies with respect to
access to such consumer reports.
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§ 612 - 15 U.S.C. § 1681j
(iii)7 Date of issuance. The Bureau shall issue the regulations
required by this subparagraph in final form not later than 6
months after the date of enactment of the Fair and Accurate
Credit Transactions Act of 2003.
(iv)7 Consideration of ability to comply. The regulations of the
Bureau under this subparagraph shall establish an effective
date by which each nationwide specialty consumer report-
ing agency (as defined in section 603(w)) shall be required
to comply with subsection (a), which effective date –
(I) shall be established after consideration of the abil-
ity of each nationwide specialty consumer reporting
agency to comply with subsection (a); and
(II) shall be not later than 6 months after the date on
which such regulations are issued in final form (or
such additional period not to exceed 3 months, as the
Bureau determines appropriate).
(2) Timing. A consumer reporting agency shall provide a consumer
report under paragraph (1) not later than 15 days after the date on
which the request is received under paragraph (1).
(3) Reinvestigations. Notwithstanding the time periods specified in sec-
tion 611(a)(1), a reinvestigation under that section by a consumer
reporting agency upon a request of a consumer that is made after
receiving a consumer report under this subsection shall be completed
not later than 45 days after the date on which the request is received.
(4) Exception for first 12 months of operation. This subsection shall
not apply to a consumer reporting agency that has not been furnish-
ing consumer reports to third parties on a continuing basis during
the 12-month period preceding a request under paragraph (1), with
respect to consumers residing nationwide.
(b) Free disclosure after adverse notice to consumer. Each consumer report-
ing agency that maintains a file on a consumer shall make all disclosures
pursuant to section 609 [§ 1681g] without charge to the consumer if, not
later than 60 days after receipt by such consumer of a notification pursu-
ant to section 615 [§ 1681m], or of a notification from a debt collection
agency affiliated with that consumer reporting agency stating that the con-
7 Subsections 612(a)(1)(C)(iii) and (iv) are obsolete. They relate to the to the issuance and effective dates
of the “free report” rules that the 2003 FACT Act required the Commission to publish. The rules were
published on time in June 2004 and updated in March 2010. The subsections appear as written, includ-
ing 2010 amendments to the FCRA that changed “Commission” to “Bureau” (effective July 21, 2011) in
several places in the FCRA.
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§ 612 - 15 U.S.C. § 1681j
sumer’s credit rating may be or has been adversely affected, the consumer
makes a request under section 609 [§ 1681g].
(c) Free disclosure under certain other circumstances. Upon the request of
the consumer, a consumer reporting agency shall make all disclosures
pursuant to section 609 [§ 1681g] once during any 12-month period with-
out charge to that consumer if the consumer certifies in writing that the
consumer
(1) is unemployed and intends to apply for employment in the 60-day
period beginning on the date on which the certification is made;
(2) is a recipient of public welfare assistance; or
(3) has reason to believe that the file on the consumer at the agency con-
tains inaccurate information due to fraud.
(d) Free disclosures in connection with fraud alerts. Upon the request of a
consumer, a consumer reporting agency described in section 603(p) shall
make all disclosures pursuant to section 609 without charge to the con-
sumer, as provided in subsections (a)(2) and (b)(2) of section 605A, as
applicable.
(e) Other charges prohibited. A consumer reporting agency shall not impose
any charge on a consumer for providing any notification required by this
title or making any disclosure required by this title, except as authorized
by subsection (f).
(f) Reasonable Charges Allowed for Certain Disclosures
(1) In general. In the case of a request from a consumer other than a re-
quest that is covered by any of subsections (a) through (d), a consum-
er reporting agency may impose a reasonable charge on a consumer
(A) for making a disclosure to the consumer pursuant to section 609
[§ 1681g], which charge
(i) shall not exceed $8;8 and
(ii) shall be indicated to the consumer before making the dis-
closure; and
(B) for furnishing, pursuant to 611(d) [§ 1681i], following a rein-
vestigation under section 611(a) [§ 1681i], a statement, codi-
fication, or summary to a person designated by the consumer
under that section after the 30-day period beginning on the
date of notification of the consumer under paragraph (6) or (8)
8 Pursuant to Section 612(f)(2), the Federal Trade Commission set the maximum charge at $11.00, effective
January 1, 2011. See 75 Fed. Reg. 80817 (Dec. 23, 2010). The Bureau will set the charge for 2012 and
later years.
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§ 613 - 15 U.S.C. § 1681k
of section 611(a) [§ 1681i] with respect to the reinvestigation,
which charge
(i) shall not exceed the charge that the agency would impose
on each designated recipient for a consumer report; and
(ii) shall be indicated to the consumer before furnishing such
information.
(2) Modification of amount. The Bureau shall increase the amount
referred to in paragraph (1)(A)(i) on January 1 of each year, based
proportionally on changes in the Consumer Price Index, with frac-
tional changes rounded to the nearest fifty cents.8
(g) Prevention of Deceptive Marketing of Credit Reports
(1) In general. Subject to rulemaking pursuant to section 205(b) of
the Credit CARD Act of 2009, any advertisement for a free credit
report in any medium shall prominently disclose in such advertise-
ment that free credit reports are available under Federal law at
AnnualCreditReport.com (or such other source as may be authorized
under Federal law).
(2) Television and radio advertisement. In the case of an advertisement
broadcast by television, the disclosures required under paragraph (1)
shall be included in the audio and visual part of such advertisement.
In the case of an advertisement broadcast by televison or radio, the
disclosure required under paragraph (1) shall consist only of the fol-
lowing: “This is not the free credit report provided for by Federal
law.’’
§ 613. Public record information for employment purposes
[15 U.S.C. § 1681k]
(a) In general. A consumer reporting agency which furnishes a consumer
report for employment purposes and which for that purpose compiles and
reports items of information on consumers which are matters of public
record and are likely to have an adverse effect upon a consumer’s ability
to obtain employment shall
(1) at the time such public record information is reported to the user of
such consumer report, notify the consumer of the fact that public re-
cord information is being reported by the consumer reporting agency,
together with the name and address of the person to whom such
information is being reported; or
(2) maintain strict procedures designed to insure that whenever public
record information which is likely to have an adverse effect on a
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§ 615 - 15 U.S.C. § 1681m
consumer’s ability to obtain employment is reported it is complete
and up to date. For purposes of this paragraph, items of public record
relating to arrests, indictments, convictions, suits, tax liens, and
outstanding judgments shall be considered up to date if the current
public record status of the item at the time of the report is reported.
(b) Exemption for national security investigations. Subsection (a) does not
apply in the case of an agency or department of the United States Gov-
ernment that seeks to obtain and use a consumer report for employment
purposes, if the head of the agency or department makes a written finding
as prescribed under section 604(b)(4)(A).
§ 614. Restrictions on investigative consumer reports
[15 U.S.C. § 1681l]
Whenever a consumer reporting agency prepares an investigative consumer
report, no adverse information in the consumer report (other than information
which is a matter of public record) may be included in a subsequent consumer
report unless such adverse information has been verified in the process of making
such subsequent consumer report, or the adverse information was received within
the three-month period preceding the date the subsequent report is furnished.
§ 615. Requirements on users of consumer reports
[15 U.S.C. § 1681m]
(a) Duties of users taking adverse actions on the basis of information con-
tained in consumer reports. If any person takes any adverse action with
respect to any consumer that is based in whole or in part on any informa-
tion contained in a consumer report, the person shall
(1) provide oral, written, or electronic notice of the adverse action to the
consumer;
(2) provide to the consumer written or electronic disclosure
(A) of a numerical credit score as defined in section 609(f)(2)
(A) used by such person in taking any adverse action based in
whole or in part on any information in a consumer report; and
(B) of the information set forth in subparagraphs (B) through (E) of
section 609(f)(1);
(3) provide to the consumer orally, in writing, or electronically
(A) the name, address, and telephone number of the consumer re-
porting agency (including a toll-free telephone number estab-
lished by the agency if the agency compiles and maintains files
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§ 615 - 15 U.S.C. § 1681m
(b)
Adverse Action Based on Information Obtained from Third Parties Other
than Consumer Reporting Agencies
(4)
(1)
(2)
on consumers on a nationwide basis) that furnished the report to
the person; and
(B) a statement that the consumer reporting agency did not make
the decision to take the adverse action and is unable to provide
the consumer the specific reasons why the adverse action was
taken; and
provide to the consumer an oral, written, or electronic notice of the
consumer’s right
(A) to obtain, under section 612 [§ 1681j], a free copy of a con-
sumer report on the consumer from the consumer reporting
agency referred to in paragraph (3), which notice shall include
an indication of the 60-day period under that section for obtain-
ing such a copy; and
(B) to dispute, under section 611 [§ 1681i], with a consumer re-
porting agency the accuracy or completeness of any information
in a consumer report furnished by the agency.
In general. Whenever credit for personal, family, or household
purposes involving a consumer is denied or the charge for such credit
is increased either wholly or partly because of information obtained
from a person other than a consumer reporting agency bearing upon
the consumer’s credit worthiness, credit standing, credit capacity,
character, general reputation, personal characteristics, or mode of
living, the user of such information shall, within a reasonable period
of time, upon the consumer’s written request for the reasons for such
adverse action received within sixty days after learning of such ad-
verse action, disclose the nature of the information to the consumer.
The user of such information shall clearly and accurately disclose to
the consumer his right to make such written request at the time such
adverse action is communicated to the consumer.
Duties of Person Taking Certain Actions Based on Information Pro-
vided by Affiliate
(A) Duties, generally. If a person takes an action described in
subparagraph (B) with respect to a consumer, based in whole or
in part on information described in subparagraph (c), the person
shall
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§ 615 - 15 U.S.C. § 1681m
(i) notify the consumer of the action, including a statement
that the consumer may obtain the information in accor-
dance with clause (ii); and
(ii) upon a written request from the consumer received within
60 days after transmittal of the notice required by clause
(i), disclose to the consumer the nature of the information
upon which the action is based by not later than 30 days
after receipt of the request.
(B) Action described. An action referred to in subparagraph (A) is
an adverse action described in section 603(k)(1)(A) [§ 1681a],
taken in connection with a transaction initiated by the con-
sumer, or any adverse action described in clause (i) or (ii) of
section 603(k)(1)(B) [§ 1681a].
(C) Information described. Information referred to in subpara-
graph (A)
(i) except as provided in clause (ii), is information that
(I) is furnished to the person taking the action by a
person related by common ownership or affiliated by
common corporate control to the person taking the
action; and
(II) bears on the credit worthiness, credit standing, credit
capacity, character, general reputation, personal char-
acteristics, or mode of living of the consumer; and
(ii) does not include
(I) information solely as to transactions or experiences
between the consumer and the person furnishing the
information; or
(II) information in a consumer report.
(c) Reasonable procedures to assure compliance. No person shall be held li-
able for any violation of this section if he shows by a preponderance of the
evidence that at the time of the alleged violation he maintained reasonable
procedures to assure compliance with the provisions of this section.
(d) Duties of Users Making Written Credit or Insurance Solicitations on the
Basis of Information Contained in Consumer Files
(1) In general. Any person who uses a consumer report on any con-
sumer in connection with any credit or insurance transaction that is
not initiated by the consumer, that is provided to that person under
section 604(c)(1)(B) [§ 1681b], shall provide with each written so-
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§ 615 - 15 U.S.C. § 1681m
licitation made to the consumer regarding the transaction a clear and
conspicuous statement that
(A) information contained in the consumer’s consumer report was
used in connection with the transaction;
(B) the consumer received the offer of credit or insurance because
the consumer satisfied the criteria for credit worthiness or in-
surability under which the consumer was selected for the offer;
(C) if applicable, the credit or insurance may not be extended if,
after the consumer responds to the offer, the consumer does not
meet the criteria used to select the consumer for the offer or
any applicable criteria bearing on credit worthiness or insurabil-
ity or does not furnish any required collateral;
(D) the consumer has a right to prohibit information contained in
the consumer’s file with any consumer reporting agency from
being used in connection with any credit or insurance transac-
tion that is not initiated by the consumer; and
(E) the consumer may exercise the right referred to in subparagraph
(D) by notifying a notification system established under section
604(e) [§ 1681b].
(2) Disclosure of address and telephone number; format. A statement
under paragraph (1) shall –
(A) include the address and toll-free telephone number of the appro-
priate notification system established under section 604(e); and
(B) be presented in such format and in such type size and manner
as to be simple and easy to understand, as established by the
Bureau, by rule, in consultation with the Federal Trade Com-
mission, Federal banking agencies and the National Credit
Union Administration.
See also 16 CFR Part 642
16 CFR Part 698 App A
70 Fed. Reg. 5022 (01/31/05)
(3) Maintaining criteria on file. A person who makes an offer of credit
or insurance to a consumer under a credit or insurance transaction
described in paragraph (1) shall maintain on file the criteria used to
select the consumer to receive the offer, all criteria bearing on credit
worthiness or insurability, as applicable, that are the basis for deter-
mining whether or not to extend credit or insurance pursuant to the
offer, and any requirement for the furnishing of collateral as a condi-
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§ 615 - 15 U.S.C. § 1681m
tion of the extension of credit or insurance, until the expiration of the
3-year period beginning on the date on which the offer is made to the
consumer.
(4) Authority of federal agencies regarding unfair or deceptive acts or
practices not affected. This section is not intended to affect the
authority of any Federal or State agency to enforce a prohibition
against unfair or deceptive acts or practices, including the making of
false or misleading statements in connection with a credit or insur-
ance transaction that is not initiated by the consumer.
See also 16 CFR Part 681
72 Fed. Reg. 63772-74 (11/09/07)
74 Fed. Reg. 22640-41 (05/14/09)
(e) Red Flag Guidelines and Regulations Required (1)Guidelines. The
Federal banking agencies, the National Credit Union Administration, the
Federal Trade Commission, the Commodity Futures Trading Commission,
and the Securities and Exchange Commission shall jointly, with respect to
the entities that are subject to their respective enforcement authority under
section 621 –
(A) establish and maintain guidelines for use by each financial in-
stitution and each creditor regarding identity theft with respect
to account holders at, or customers of, such entities, and update
such guidelines as often as necessary;
(B) prescribe regulations requiring each financial institution and
each creditor to establish reasonable policies and procedures
for implementing the guidelines established pursuant to sub-
paragraph (A), to identify possible risks to account holders or
customers or to the safety and soundness of the institution or
customers; and
(C) prescribe regulations applicable to card issuers to ensure that,
if a card issuer receives notification of a change of address for
an existing account, and within a short period of time (dur-
ing at least the first 30 days after such notification is received)
receives a request for an additional or replacement card for the
same account, the card issuer may not issue the additional or
replacement card, unless the card issuer, in accordance with
reasonable policies and procedures –
(i) notifies the cardholder of the request at the former address
of the cardholder and provides to the cardholder a means
of promptly reporting incorrect address changes;
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(ii) notifies the cardholder of the request by such other means
of communication as the cardholder and the card issuer
previously agreed to; or
(iii) uses other means of assessing the validity of the change of
address, in accordance with reasonable policies and proce-
dures established by the card issuer in accordance with the
regulations prescribed under subparagraph (B).
(2) Criteria
(A) In general. In developing the guidelines required by paragraph
(1)(A), the agencies described in paragraph (1) shall identify
patterns, practices, and specific forms of activity that indicate
the possible existence of identity theft.
(B) Inactive accounts. In developing the guidelines required by
paragraph (1)(A), the agencies described in paragraph (1) shall
consider including reasonable guidelines providing that when
a transaction occurs with respect to a credit or deposit account
that has been inactive for more than 2 years, the creditor or
financial institution shall follow reasonable policies and pro-
cedures that provide for notice to be given to a consumer in a
manner reasonably designed to reduce the likelihood of identity
theft with respect to such account.
(3) Consistency with verification requirements. Guidelines established
pursuant to paragraph (1) shall not be inconsistent with the policies
and procedures required under section 5318(l) of title 31, United
States Code.
(4) Definitions. As used in this subsection, the term “creditor” –
(A) means a creditor, as defined in section 702 of the Equal Credit
Opportunity Act (15 U.S.C. 1691a), that regularly and in the
ordinary course of business
(i) obtains or uses consumer reports, directly or indirectly, in
connection with a credit transaction;
(ii) furnishes information to consumer reporting agencies, as
described in section 623, in connection with a credit trans-
action; or
(iii) advances funds to or on behalf of a person, based on an
obligation of the person to repay the funds or repayable
from specific property pledged by or on behalf of the per-
son;
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§ 615 - 15 U.S.C. § 1681m
(B)
does not include a creditor described in subparagraph (A)(iii)
that advances funds on behalf of a person for expenses incidental
to a service provided by the creditor to that person; and
(C) includes any other type of creditor, as defined in that section
702, as the agency described in paragraph (1) having authority
over that creditor may determine appropriate by rule promul-
gated by that agency, based on a determination that such credi-
tor offers or maintains accounts that are subject to a reasonably
foreseeable risk of identity theft.
(f) Prohibition on Sale or Transfer of Debt Caused by Identity Theft
(1) In general. No person shall sell, transfer for consideration, or place
for collection a debt that such person has been notified under section
605B has resulted from identity theft.
(2) pplicability. The prohibitions of this subsection shall apply to all
persons collecting a debt described in paragraph (1) after the date of
a notification under paragraph (1).
(3) Rule of construction. Nothing in this subsection shall be construed to
prohibit –
(A) the repurchase of a debt in any case in which the assignee of
the debt requires such repurchase because the debt has resulted
from identity theft;
(B) the securitization of a debt or the pledging of a portfolio of debt
as collateral in connection with a borrowing; or
(C) the transfer of debt as a result of a merger, acquisition, pur-
chase and assumption transaction, or transfer of substantially all
of the assets of an entity.
(g) Debt collector communications concerning identity theft. If a person acting
as a debt collector (as that term is defined in title VIII) on behalf of a third
party that is a creditor or other user of a consumer report is notified that
any information relating to a debt that the person is attempting to collect
may be fraudulent or may be the result of identity theft, that person shall –
(1) notify the third party that the information may be fraudulent or may
be the result of identity theft; and
(2) upon request of the consumer to whom the debt purportedly relates,
provide to the consumer all information to which the consumer would
otherwise be entitled if the consumer were not a victim of identity
theft, but wished to dispute the debt under provisions of law appli-
cable to that person.
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§ 615 - 15 U.S.C. § 1681m
(h)
Duties of Users in Certain Credit Transactions
(1)
(2)
(3)
(4)
(5)
In general. Subject to rules prescribed as provided in paragraph
(6), if any person uses a consumer report in connection with an ap-
plication for, or a grant, extension, or other provision of, credit on
material terms that are materially less favorable than the most favor-
able 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 shall provide an oral, written, or electronic notice to the
consumer in the form and manner required by regulations prescribed
in accordance with this subsection.
Timing. The notice required under paragraph (1) may be provided at
the time of an application for, or a grant, extension, or other provi-
sion of, credit or the time of communication of an approval of an ap-
plication for, or grant, extension, or other provision of, credit, except
as provided in the regulations prescribed under paragraph (6).
Exceptions. No notice shall be required from a person under this
subsection if –
(A) the consumer applied for specific material terms and was grant-
ed those terms, unless those terms were initially specified by
the person after the transaction was initiated by the consumer
and after the person obtained a consumer report; or
(B) the person has provided or will provide a notice to the consum-
er under subsection (a) in connection with the transaction.
Other notice not sufficient. A person that is required to provide a no-
tice under subsection (a) cannot meet that requirement by providing a
notice under this subsection.
Content and delivery of notice. A notice under this subsection shall,
at a minimum –
(A) include a statement informing the consumer that the terms
offered to the consumer are set based on information from a
consumer report;
(B) identify the consumer reporting agency furnishing the report;
(C) include a statement informing the consumer that the consumer
may obtain a copy of a consumer report from that consumer
reporting agency without charge;
(D) include the contact information specified by that consumer re-
porting agency for obtaining such consumer reports (including a
toll-free telephone number established by the agency in the case
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§ 615 - 15 U.S.C. § 1681m
of a consumer reporting agency described in section 603(p));
and
(E) include a statement informing the consumer of –
(i) a numerical credit score as defined in section 609(f)(2)
(A), used by such person in making the credit decision
described in paragraph (1) based in whole or in part on
any information in a consumer report; and
(ii) the information set forth in subparagraphs (B) through (E)
of section 609(f)(1).
See also 16 CFR Part 610
75 Fed. Reg. 2724 (01/15/10)
(6) Rulemaking
(A) Rules required. The Bureau shall prescribe rules to carry out
this subsection.
(B) Content. Rules required by subparagraph (A) shall address, but
are not limited to –
(i) the form, content, time, and manner of delivery of any
notice under this subsection;
(ii) clarification of the meaning of terms used in this subsec-
tion, including what credit terms are material, and when
credit terms are materially less favorable;
(iii) exceptions to the notice requirement under this subsec-
tion for classes of persons or transactions regarding which
the agencies determine that notice would not significantly
benefit consumers;
(iv) a model notice that may be used to comply with this sub-
section; and
(v) the timing of the notice required under paragraph (1),
including the circumstances under which the notice must
be provided after the terms offered to the consumer were
set based on information from a consumer report.
(7) Compliance. A person shall not be liable for failure to perform the
duties required by this section if, at the time of the failure, the person
maintained reasonable policies and procedures to comply with this
section.
(8) Enforcement
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§ 616 - 15 U.S.C. § 1681n
§ 616.
(a)
(b)
(c)
(d)
(A) No civil actions. Sections 616 and 617 shall not apply to any
failure by any person to comply with this section.
(B) Administrative enforcement. This section shall be enforced
exclusively under section 621 by the Federal agencies and of-
ficials identified in that section.
Civil liability for willful noncompliance [15 U.S.C. § 1681n]
In general. Any person who willfully fails to comply with any require-
ment imposed under this title with respect to any consumer is liable to that
consumer in an amount equal to the sum of
(1) (A) any actual damages sustained by the consumer as a result of
the failure or damages of not less than $100 and not more than
$1,000; or
(B) in the case of liability of a natural person for obtaining a
consumer report under false pretenses or knowingly without a
permissible purpose, actual damages sustained by the consumer
as a result of the failure or $1,000, whichever is greater;
(2) such amount of punitive damages as the court may allow; and
(3) in the case of any successful action to enforce any liability under this
section, the costs of the action together with reasonable attorney’s
fees as determined by the court.
Civil liability for knowing noncompliance. Any person who obtains a con-
sumer report from a consumer reporting agency under false pretenses or
knowingly without a permissible purpose shall be liable to the consumer
reporting agency for actual damages sustained by the consumer reporting
agency or $1,000, whichever is greater.
Attorney’s fees. Upon a finding by the court that an unsuccessful plead-
ing, motion, or other paper filed in connection with an action under this
section was filed in bad faith or for purposes of harassment, the court
shall award to the prevailing party attorney’s fees reasonable in relation to
the work expended in responding to the pleading, motion, or other paper.
Clarification of willful noncompliance. For the purposes of this section,
any person who printed an expiration date on any receipt provided to a
consumer cardholder at a point of sale or transaction between December
4, 2004, and the date of the enactment of this subsection but otherwise
complied with the requirements of section 605(g) for such receipt shall not
be in willful noncompliance with section 605(g) by reason of printing such
expiration date on the receipt.
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§ 620 - 15 U.S.C. § 1681r
§ 617. Civil liability for negligent noncompliance
[15 U.S.C. § 1681o]
(a) In general. Any person who is negligent in failing to comply with any
requirement imposed under this title with respect to any consumer is liable
to that consumer in an amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the fail-
ure; and
(2) in the case of any successful action to enforce any liability under this
section, the costs of the action together with reasonable attorney’s
fees as determined by the court.
(b) Attorney’s fees. On a finding by the court that an unsuccessful pleading,
motion, or other paper filed in connection with an action under this sec-
tion was filed in bad faith or for purposes of harassment, the court shall
award to the prevailing party attorney’s fees reasonable in relation to the
work expended in responding to the pleading, motion, or other paper.
§ 618. Jurisdiction of courts; limitation of actions
[15 U.S.C. § 1681p]
An action to enforce any liability created under this title may be brought in
any appropriate United States district court, without regard to the amount in
controversy, or in any other court of competent jurisdiction, not later than the
earlier of (1) 2 years after the date of discovery by the plaintiff of the violation
that is the basis for such liability; or (2) 5 years after the date on which the
violation that is the basis for such liability occurs.
§ 619. Obtaining information under false pretenses
[15 U.S.C. § 1681q]
Any person who knowingly and willfully obtains information on a consumer
from a consumer reporting agency under false pretenses shall be fined under
title 18, United States Code, imprisoned for not more than 2 years, or both.
§ 620. Unauthorized disclosures by officers or employees
[15 U.S.C. § 1681r]
Any officer or employee of a consumer reporting agency who knowingly and
willfully provides information concerning an individual from the agency’s files
to a person not authorized to receive that information shall be fined under title
18, United States Code, imprisoned for not more than 2 years, or both.
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§ 621 - 15 U.S.C. § 1681s
§ 621. Administrative enforcement [15 U.S.C. § 1681s]
(a) Enforcement by Federal Trade Commission.
(1) In General. The Federal Trade Commission shall be authorized
to enforce compliance with the requirements imposed by this title
under the Federal Trade Commission Act (15 U.S.C. 41 et seq.),
with respect to consumer reporting agencies and all other persons
subject thereto, except to the extent that enforcement of the require-
ments imposed under this title is specifically committed to some
other Government agency under any of subparagraphs (A) through
(G) of subsection (b)(1), and subject to subtitle B of the Consumer
Financial Protection Act of 2010, subsection (b). For the purpose of
the exercise by the Federal Trade Commission of its functions and
powers under the Federal Trade Commission Act, a violation of any
requirement or prohibition imposed under this title shall constitute
an unfair or deceptive act or practice in commerce, in violation of
section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)),
and shall be subject to enforcement by the Federal Trade Commission
under section 5(b) of that Act with respect to any consumer reporting
agency or person that is subject to enforcement by the Federal Trade
Commission pursuant to this subsection, irrespective of whether that
person is engaged in commerce or meets any other jurisdictional tests
under the Federal Trade Commission Act. The Federal Trade Com-
mission shall have such procedural, investigative, and enforcement
powers, including the power to issue procedural rules in enforcing
compliance with the requirements imposed under this title and to
require the filing of reports, the production of documents, and the ap-
pearance of witnesses, as though the applicable terms and conditions
of the Federal Trade Commission Act were part of this title. Any
person violating any of the provisions of this title shall be subject to
the penalties and entitled to the privileges and immunities provided
in the Federal Trade Commission Act as though the applicable terms
and provisions of such Act are part of this title.
(2) Penalties
(A) Knowing Violations. Except as otherwise provided by subtitle
B of the Consumer Financial Protection Act of 2010, in the
event of a knowing violation, which constitutes a pattern or
practice of violations of this title, the Federal Trade Commis-
sion may commence a civil action to recover a civil penalty
in a district court of the United States against any person that
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violates this title. In such action, such person shall be liable for
a civil penalty of not more than $2,500 per violation.9
(B)
Determining Penalty Amount. In determining the amount of a
civil penalty under subparagraph (A), the court shall take into ac-
count the degree of culpability, any history of such prior conduct,
ability to pay, effect on ability to continue to do business, and
such other matters as justice may require.
(C)
Limitation. Notwithstanding paragraph (2), a court may not
impose any civil penalty on a person for a violation of section
623(a)(1), unless the person has been enjoined from committing
the violation, or ordered not to commit the violation, in an action
or proceeding brought by or on behalf of the Federal Trade Com-
mission, and has violated the injunction or order, and the court
may not impose any civil penalty for any violation occurring
before the date of the violation of the injunction or order
(b) Enforcement by Other Agencies.
(1) In General. Subject to subtitle B of the Consumer Financial Protec-
tion Act of 2010, compliance with the requirements imposed under
this title with respect to consumer reporting agencies, persons who
use consumer reports from such agencies, persons who furnish infor-
mation to such agencies, and users of information that are subject to
section 615(d) shall be enforced under –
(A) section 8 of the Federal Deposit Insurance Act (12 U.S.C.
1818), by the appropriate Federal banking agency, as defined
in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C.
1813(q)), with respect to –
(i) any national bank or State savings association, and any
Federal branch or Federal agency of a foreign bank;
(ii) any member bank of the Federal Reserve System (other
than a national bank), a branch or agency of a foreign
bank (other than a Federal branch, Federal agency, or
insured State branch of a foreign bank), a commercial
lending company owned or controlled by a foreign bank,
and any organization operating under section 25 or 25A of
the Federal Reserve Act; and
(iii) any bank or Federal savings association insured by the
Federal Deposit Insurance Corporation (other than a mem-
9 Pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, the Federal Trade Commission
increased the maximum civil penalty to $3,500 per violation. See 74 Fed. Reg. 857 (Jan. 9, 2009).
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ber of the Federal Reserve System) and any insured State
branch of a foreign bank;
(B) the Federal Credit Union Act (12 U.S.C. 1751 et seq.), by the
Administrator of the National Credit Union Administration with
respect to any Federal credit union;
(C) subtitle IV of title 49, United States Code, by the Secretary of
Transportation, with respect to all carriers subject to the juris-
diction of the Surface Transportation Board;
(D) the Federal Aviation Act of 1958 (49 U.S.C. App. 1301 et
seq.), by the Secretary of Transportation, with respect to any
air carrier or foreign air carrier subject to that Act;
(E) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.)
(except as provided in section 406 of that Act), by the Secretary
of Agriculture, with respect to any activities subject to that Act;
(F) the Commodity Exchange Act, with respect to a person subject
to the jurisdiction of the Commodity Futures Trading Commis-
sion;
(G) the Federal securities laws, and any other laws that are subject
to the jurisdiction of the Securities and Exchange Commission,
with respect to a person that is subject to the jurisdiction of the
Securities and Exchange Commission; and
(H) subtitle E of the Consumer Financial Protection Act of 2010, by
the Bureau, with respect to any person subject to this title.
(2) Incorporated Definitions. The terms used in paragraph (1) that are
not defined in this title or otherwise defined in section 3(s) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(s)) have the same
meanings as in section 1(b) of the International Banking Act of 1978
(12 U.S.C. 3101).
(c) State Action for Violations
(1) Authority of states. In addition to such other remedies as are provid-
ed under State law, if the chief law enforcement officer of a State, or
an official or agency designated by a State, has reason to believe that
any person has violated or is violating this title, the State –
(A) may bring an action to enjoin such violation in any appropriate
United States district court or in any other court of competent
jurisdiction;
(B) subject to paragraph (5), may bring an action on behalf of the
residents of the State to recover
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(i) damages for which the person is liable to such residents
under sections 616 and 617 [§§ 1681n and 1681o] as a
result of the violation;
(ii) in the case of a violation described in any of paragraphs
(1) through (3) of section 623(c) [§ 1681s-2], damages for
which the person would, but for section 623(c), be liable
to such residents as a result of the violation; or
(iii) damages of not more than $1,000 for each willful or neg-
ligent violation; and
(C) in the case of any successful action under subparagraph (A) or
(B), shall be awarded the costs of the action and reasonable at-
torney fees as determined by the court.
(2) Rights of federal regulators. The State shall serve prior written
notice of any action under paragraph (1) upon the Bureau and the
Federal Trade Commission or the appropriate Federal regulator de-
termined under subsection (b) and provide the Bureau and the Federal
Trade Commission or appropriate Federal regulator with a copy of
its complaint, except in any case in which such prior notice is not
feasible, in which case the State shall serve such notice immediately
upon instituting such action. The Bureau and the Federal Trade Com-
mission or appropriate Federal regulator shall have the right –
(A) to intervene in the action;
(B) upon so intervening, to be heard on all matters arising therein;
(C) to remove the action to the appropriate United States district
court; and
(D) to file petitions for appeal.
(3) Investigatory powers. For purposes of bringing any action under
this subsection, nothing in this subsection shall prevent the chief law
enforcement officer, or an official or agency designated by a State,
from exercising the powers conferred on the chief law enforcement
officer or such official by the laws of such State to conduct inves-
tigations or to administer oaths or affirmations or to compel the
attendance of witnesses or the production of documentary and other
evidence.
(4) Limitation on state action while federal action pending. If the
Bureau, the Federal Trade Commission, or the appropriate Federal
regulator has instituted a civil action or an administrative action un-
der section 8 of the Federal Deposit Insurance Act for a violation of
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this title, no State may, during the pendency of such action, bring an
action under this section against any defendant named in the com-
plaint of the Bureau, the Federal Trade Commission, or the appropri-
ate Federal regulator for any violation of this title that is alleged in
that complaint.
(5) Limitations on State Actions for Certain Violations
(A) Violation of injunction required. A State may not bring an ac-
tion against a person under paragraph (1)(B) for a violation de-
scribed in any of paragraphs (1) through (3) of section 623(c),
unless
(i)
the person has been enjoined from committing the viola-
tion, in an action brought by the State under paragraph (1)
(A); and
(ii) the person has violated the injunction.
(B) Limitation on damages recoverable. In an action against a
person under paragraph (1)(B) for a violation described in any
of paragraphs (1) through (3) of section 623(c), a State may not
recover any damages incurred before the date of the violation
of an injunction on which the action is based.
(d) Enforcement under other authority. For the purpose of the exercise by
any agency referred to in subsection (b) of this section of its powers under
any Act referred to in that subsection, a violation of any requirement
imposed under this title shall be deemed to be a violation of a requirement
imposed under that Act. In addition to its powers under any provision of
law specifically referred to in subsection (b) of this section, each of the
agencies referred to in that subsection may exercise, for the purpose of
enforcing compliance with any requirement imposed under this title any
other authority conferred on it by law.
(e) Regulatory Authority
(1) In General. The Bureau shall prescribe such regulations as are
necessary to carry out the purposes of this title, except with respect
to sections 615(e) and 628. The Bureau may prescribe regulations
as may be necessary or appropriate to administer and carry out the
purposes and objectives of this title, and to prevent evasions thereof
or to facilitate compliance therewith. Except as provided in section
1029(a) of the Consumer Financial Protection Act of 2010, the regu-
lations prescribed by the Bureau under this title shall apply to any
person that is subject to this title, notwithstanding the enforcement
authorities granted to other agencies under this section.
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(2) Deference. Notwithstanding any power granted to any Federal
agency under this title, the deference that a court affords to a Federal
agency with respect to a determination made by such agency relating
to the meaning or interpretation of any provision of this title that is
subject to the jurisdiction of such agency shall be applied as if that
agency were the only agency authorized to apply, enforce, interpret,
or administer the provisions of this title The regulations prescribed by
the Bureau under this title shall apply to any person that is subject to
this title, notwithstanding the enforcement authorities granted to other
agencies under this section.
(f) Coordination of Consumer Complaint Investigations
(1) In general. Each consumer reporting agency described in section
603(p) shall develop and maintain procedures for the referral to each
other such agency of any consumer complaint received by the agency
alleging identity theft, or requesting a fraud alert under section 605A
or a block under section 605B.
(2) Model form and procedure for reporting identity theft. The Bureau,
in consultation with the Federal Trade Commission, the Federal
banking agencies, and the National Credit Union Administration,
shall develop a model form and model procedures to be used by con-
sumers who are victims of identity theft for contacting and informing
creditors and consumer reporting agencies of the fraud.
See also 70 Fed.Reg. 21792 (04/27/05)
(3) Annual summary reports. Each consumer reporting agency described
in section 603(p) shall submit an annual summary report to the Bu-
reau on consumer complaints received by the agency on identity theft
or fraud alerts.
(g) Bureau regulation of coding of trade names. If the Bureau determines
that a person described in paragraph (9) of section 623(a) has not met the
requirements of such paragraph, the Bureau shall take action to ensure
the person’s compliance with such paragraph, which may include issu-
ing model guidance or prescribing reasonable policies and procedures, as
necessary to ensure that such person complies with such paragraph.
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§ 623 - 15 U.S.C. § 1681s-2
§ 622. Information on overdue child support obligations
[15 U.S.C. § 1681s-1]
Notwithstanding any other provision of this title, a consumer reporting agency
shall include in any consumer report furnished by the agency in accordance
with section 604 [§ 1681b] of this title, any information on the failure of the
consumer to pay overdue support which
(1) is provided
(A) to the consumer reporting agency by a State or local child sup-
port enforcement agency; or
(B) to the consumer reporting agency and verified by any local,
State, or Federal government agency; and
(2) antedates the report by 7 years or less.
§ 623. Responsibilities of furnishers of information to consumer
reporting agencies [15 U.S.C. § 1681s-2]
(a) Duty of Furnishers of Information to Provide Accurate Information
(1) Prohibition
(A) Reporting information with actual knowledge of errors. A
person shall not furnish any information relating to a consumer
to any consumer reporting agency if the person knows or has
reasonable cause to believe that the information is inaccurate.
(B) Reporting information after notice and confirmation of errors.
A person shall not furnish information relating to a consumer to
any consumer reporting agency if
(i) the person has been notified by the consumer, at the ad-
dress specified by the person for such notices, that specific
information is inaccurate; and
(ii) the information is, in fact, inaccurate.
(C) No address requirement. A person who clearly and conspicu-
ously specifies to the consumer an address for notices referred
to in subparagraph (B) shall not be subject to subparagraph (A);
however, nothing in subparagraph (B) shall require a person to
specify such an address.
(D) Definition. For purposes of subparagraph (A), the term “rea-
sonable cause to believe that the information is inaccurate”
means having specific knowledge, other than solely allegations
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by the consumer, that would cause a reasonable person to have
substantial doubts about the accuracy of the information.
(2) Duty to correct and update information. A person who
(A) regularly and in the ordinary course of business furnishes infor-
mation to one or more consumer reporting agencies about the
person’s transactions or experiences with any consumer; and
(B) has furnished to a consumer reporting agency information
that the person determines is not complete or accurate, shall
promptly notify the consumer reporting agency of that determi-
nation and provide to the agency any corrections to that infor-
mation, or any additional information, that is necessary to make
the information provided by the person to the agency complete
and accurate, and shall not thereafter furnish to the agency any
of the information that remains not complete or accurate.
(3) Duty to provide notice of dispute. If the completeness or accuracy of
any information furnished by any person to any consumer reporting
agency is disputed to such person by a consumer, the person may not
furnish the information to any consumer reporting agency without
notice that such information is disputed by the consumer.
(4) Duty to provide notice of closed accounts. A person who regularly
and in the ordinary course of business furnishes information to a con-
sumer reporting agency regarding a consumer who has a credit ac-
count with that person shall notify the agency of the voluntary closure
of the account by the consumer, in information regularly furnished
for the period in which the account is closed.
(5) Duty to Provide Notice of Delinquency of Accounts
(A) In general. A person who furnishes information to a consumer
reporting agency regarding a delinquent account being placed
for collection, charged to profit or loss, or subjected to any
similar action shall, not later than 90 days after furnishing the
information, notify the agency of the date of delinquency on
the account, which shall be the month and year of the com-
mencement of the delinquency on the account that immediately
preceded the action.
(B) Rule of construction. For purposes of this paragraph only, and
provided that the consumer does not dispute the information, a
person that furnishes information on a delinquent account that is
placed for collection, charged for profit or loss, or subjected to
any similar action, complies with this paragraph, if –
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§ 623 - 15 U.S.C. § 1681s-2
(i) the person reports the same date of delinquency as that
provided by the creditor to which the account was owed at
the time at which the commencement of the delinquency
occurred, if the creditor previously reported that date of
delinquency to a consumer reporting agency;
(ii) the creditor did not previously report the date of delin-
quency to a consumer reporting agency, and the person
establishes and follows reasonable procedures to obtain
the date of delinquency from the creditor or another reli-
able source and reports that date to a consumer reporting
agency as the date of delinquency; or
(iii) the creditor did not previously report the date of delin-
quency to a consumer reporting agency and the date of
delinquency cannot be reasonably obtained as provided in
clause (ii), the person establishes and follows reasonable
procedures to ensure the date reported as the date of delin-
quency precedes the date on which the account is placed
for collection, charged to profit or loss, or subjected to
any similar action, and reports such date to the credit
reporting agency.
(6) Duties of Furnishers Upon Notice of Identity Theft-Related Informa-
tion
(A) Reasonable procedures. A person that furnishes information to
any consumer reporting agency shall have in place reasonable
procedures to respond to any notification that it receives from
a consumer reporting agency under section 605B relating to
information resulting from identity theft, to prevent that person
from refurnishing such blocked information.
(B) Information alleged to result from identity theft. If a consumer
submits an identity theft report to a person who furnishes infor-
mation to a consumer reporting agency at the address specified
by that person for receiving such reports stating that informa-
tion maintained by such person that purports to relate to the
consumer resulted from identity theft, the person may not fur-
nish such information that purports to relate to the consumer to
any consumer reporting agency, unless the person subsequently
knows or is informed by the consumer that the information is
correct.
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§ 623 - 15 U.S.C. § 1681s-2
(7) Negative Information
(A) Notice to Consumer Required
(i) In general. If any financial institution that extends credit
and regularly and in the ordinary course of business
furnishes information to a consumer reporting agency
described in section 603(p) furnishes negative informa-
tion to such an agency regarding credit extended to a
customer, the financial institution shall provide a notice of
such furnishing of negative information, in writing, to the
customer.
(ii) Notice effective for subsequent submissions. After pro-
viding such notice, the financial institution may submit
additional negative information to a consumer reporting
agency described in section 603(p) with respect to the
same transaction, extension of credit, account, or custom-
er without providing additional notice to the customer.
(B) Time of Notice
(i) In general. The notice required under subparagraph (A)
shall be provided to the customer prior to, or no later than
30 days after, furnishing the negative information to a
consumer reporting agency described in section 603(p).
(ii) Coordination with new account disclosures. If the notice
is provided to the customer prior to furnishing the nega-
tive information to a consumer reporting agency, the no-
tice may not be included in the initial disclosures provided
under section 127(a) of the Truth in Lending Act.
(C) Coordination with other disclosures. The notice required under
subparagraph (A) –
(i) may be included on or with any notice of default, any
billing statement, or any other materials provided to the
customer; and
(ii) must be clear and conspicuous.
See also 12 CFR Part 222, App B
70 Fed. Reg. 33281 (06/15/04)
(D) Model Disclosure
(i) Duty of Bureau. The Bureau shall prescribe a brief model
disclosure that a financial institution may use to comply
with subparagraph (A), which shall not exceed 30 words.
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§ 623 - 15 U.S.C. § 1681s-2
Ability of Consumer to Dispute Information Directly with Furnisher
(E)
(F)
(G)
(8)
(A)
(B)
(ii) Use of model not required. No provision of this para-
graph may be construed to require a financial institution to
use any such model form prescribed by the Bureau.
(iii) Compliance using model. A financial institution shall be
deemed to be in compliance with subparagraph (A) if the
financial institution uses any model form prescribed by the
Bureau under this subparagraph, or the financial institu-
tion uses any such model form and rearranges its format.
Use of notice without submitting negative information. No
provision of this paragraph shall be construed as requiring a
financial institution that has provided a customer with a notice
described in subparagraph (A) to furnish negative information
about the customer to a consumer reporting agency.
Safe harbor. A financial institution shall not be liable for fail-
ure to perform the duties required by this paragraph if, at the
time of the failure, the financial institution maintained reason-
able policies and procedures to comply with this paragraph or
the financial institution reasonably believed that the institution
is prohibited, by law, from contacting the consumer.
Definitions. For purposes of this paragraph, the following defi-
nitions shall apply:
(i) The term “negative information” means information
concerning a customer’s delinquencies, late payments,
insolvency, or any form of default.
(ii) The terms “customer” and “financial institution” have the
same meanings as in section 509 Public Law 106-102.
See also 16 CFR Part 660.4
74 Fed. Reg. 31484 (07/01/09)
In general. The Bureau, in consultation with the Federal Trade
Commission, the Federal banking agencies, and the National
Credit Union Administration, shall prescribe regulations that
shall identify the circumstances under which a furnisher shall
be required to reinvestigate a dispute concerning the accuracy
of information contained in a consumer report on the consumer,
based on a direct request of a consumer.
Considerations. In prescribing regulations under subparagraph
(A), the agencies shall weigh –
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(i) the benefits to consumers with the costs on furnishers and
the credit reporting system;
(ii) the impact on the overall accuracy and integrity of con-
sumer reports of any such requirements;
(iii) whether direct contact by the consumer with the furnisher
would likely result in the most expeditious resolution of
any such dispute; and
(iv) the potential impact on the credit reporting process if
credit repair organizations, as defined in section 403(3)
[15 U.S.C. §1679a(3)], including entities that would be a
credit repair organization, but for section 403(3)(B)(i), are
able to circumvent the prohibition in subparagraph (G).
(C) Applicability. Subparagraphs (D) through (G) shall apply in
any circumstance identified under the regulations promulgated
under subparagraph (A).
(D) Submitting a notice of dispute. A consumer who seeks to dis-
pute the accuracy of information shall provide a dispute notice
directly to such person at the address specified by the person
for such notices that –
(i) identifies the specific information that is being disputed;
(ii) explains the basis for the dispute; and
(iii) includes all supporting documentation required by the
furnisher to substantiate the basis of the dispute.
(E) Duty of person after receiving notice of dispute. After receiving
a notice of dispute from a consumer pursuant to subparagraph
(D), the person that provided the information in dispute to a
consumer reporting agency shall –
(i) conduct an investigation with respect to the disputed infor-
mation;
(ii) review all relevant information provided by the consumer
with the notice;
(iii) complete such person’s investigation of the dispute and re-
port the results of the investigation to the consumer before
the expiration of the period under section 611(a)(1) within
which a consumer reporting agency would be required to
complete its action if the consumer had elected to dispute
the information under that section; and
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(iv) if the investigation finds that the information reported was
inaccurate, promptly notify each consumer reporting agen-
cy to which the person furnished the inaccurate informa-
tion of that determination and provide to the agency any
correction to that information that is necessary to make the
information provided by the person accurate.
(F) Frivolous or Irrelevant Dispute
(i) In general. This paragraph shall not apply if the person
receiving a notice of a dispute from a consumer reason-
ably determines that the dispute is frivolous or irrelevant,
including –
(I) by reason of the failure of a consumer to provide suf-
ficient information to investigate the disputed infor-
mation; or
(II) the submission by a consumer of a dispute that is
substantially the same as a dispute previously sub-
mitted by or for the consumer, either directly to the
person or through a consumer reporting agency under
subsection (b), with respect to which the person has
already performed the person’s duties under this para-
graph or subsection (b), as applicable.
(ii) Notice of determination. Upon making any determination
under clause (i) that a dispute is frivolous or irrelevant,
the person shall notify the consumer of such determination
not later than 5 business days after making such determi-
nation, by mail or, if authorized by the consumer for that
purpose, by any other means available to the person.
(iii) Contents of notice. A notice under clause (ii) shall in-
clude--
(I) the reasons for the determination under clause (i); and
(II) identification of any information required to investi-
gate the disputed information, which may consist of
a standardized form describing the general nature of
such information.
(G) Exclusion of credit repair organizations. This paragraph shall
not apply if the notice of the dispute is submitted by, is pre-
pared on behalf of the consumer by, or is submitted on a form
supplied to the consumer by, a credit repair organization, as
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defined in section 403(3), or an entity that would be a credit
repair organization, but for section 403(3)(B)(i).
(9) Duty to provide notice of status as medical information furnisher. A
person whose primary business is providing medical services, prod-
ucts, or devices, or the person’s agent or assignee, who furnishes
information to a consumer reporting agency on a consumer shall be
considered a medical information furnisher for purposes of this title,
and shall notify the agency of such status.
(b) Duties of Furnishers of Information upon Notice of Dispute
(1) In general. After receiving notice pursuant to section 611(a)(2)
[§ 1681i] of a dispute with regard to the completeness or accuracy
of any information provided by a person to a consumer reporting
agency, the person shall
(A) conduct an investigation with respect to the disputed informa-
tion;
(B) review all relevant information provided by the consumer re-
porting agency pursuant to section 611(a)(2) [§ 1681i];
(C) report the results of the investigation to the consumer reporting
agency;
(D) if the investigation finds that the information is incomplete or
inaccurate, report those results to all other consumer reporting
agencies to which the person furnished the information and that
compile and maintain files on consumers on a nationwide basis;
and
(E) if an item of information disputed by a consumer is found to be
inaccurate or incomplete or cannot be verified after any rein-
vestigation under paragraph (1), for purposes of reporting to a
consumer reporting agency only, as appropriate, based on the
results of the reinvestigation promptly–
(i) modify that item of information;
(ii) delete that item of information; or
(iii) permanently block the reporting of that item of informa-
tion.
(2) Deadline. A person shall complete all investigations, reviews, and
reports required under paragraph (1) regarding information provided
by the person to a consumer reporting agency, before the expira-
tion of the period under section 611(a)(1) [§ 1681i] within which the
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consumer reporting agency is required to complete actions required
by that section regarding that information.
(c) Limitation on liability. Except as provided in section 621(c)(1)(B), sec-
tions 616 and 617 do not apply to any violation of –
(1) subsection (a) of this section, including any regulations issued there-
under;
(2) subsection (e) of this section, except that nothing in this paragraph
shall limit, expand, or otherwise affect liability under section 616 or
617, as applicable, for violations of subsection (b) of this section; or
(3) subsection (e) of section 615.
(d) Limitation on enforcement. The provisions of law described in paragraphs
(1) through (3) of subsection (c) (other than with respect to the exception
described in paragraph (2) of subsection (c)) shall be enforced exclusively
as provided under section 621 by the Federal agencies and officials and
the State officials identified in section 621.
(e) Accuracy Guidelines and Regulations Required
See also 16 CFR Part 660
74 Fed. Reg. 31484 (07/01/09)
(1) Guidelines. The Bureau shall, with respect to persons or entities that
are subject to the enforcement authority of the Bureau under section
621 –
(A) establish and maintain guidelines for use by each person that
furnishes information to a consumer reporting agency regarding
the accuracy and integrity of the information relating to con-
sumers that such entities furnish to consumer reporting agen-
cies, and update such guidelines as often as necessary; and
(B) prescribe regulations requiring each person that furnishes infor-
mation to a consumer reporting agency to establish reasonable
policies and procedures for implementing the guidelines estab-
lished pursuant to subparagraph (A).
(2) Criteria. In developing the guidelines required by paragraph (1)(A),
the Bureau shall –
(A) identify patterns, practices, and specific forms of activity that
can compromise the accuracy and integrity of information fur-
nished to consumer reporting agencies;
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(B) review the methods (including technological means) used to
furnish information relating to consumers to consumer report-
ing agencies;
(C) determine whether persons that furnish information to consumer
reporting agencies maintain and enforce policies to ensure the
accuracy and integrity of information furnished to consumer
reporting agencies; and
(D) examine the policies and processes that persons that furnish
information to consumer reporting agencies employ to conduct
re investigations and correct inaccurate information relating to
consumers that has been furnished to consumer reporting agen-
cies.
See also 16 CFR Parts 680, 698 Appx C
74 Fed. Reg. 22639-40 (05/14/09)
72 Fed. Reg. 61455-64 (10/30/07)
§ 624. Affiliate sharing [15 U.S.C. § 1681s-3]
(a) Special Rule for Solicitation for Purposes of Marketing
(1) Notice. Any person that receives from another person related to it by
common ownership or affiliated by corporate control a communica-
tion of information that would be a consumer report, but for clauses
(i), (ii), and (iii) of section 603(d)(2)(A), may not use the information
to make a solicitation for marketing purposes to a consumer about its
products or services, unless--
(A) it is clearly and conspicuously disclosed to the consumer that
the information may be communicated among such persons for
purposes of making such solicitations to the consumer; and
(B) the consumer is provided an opportunity and a simple method
to prohibit the making of such solicitations to the consumer by
such person.
(2) Consumer Choice
(A) In general. The notice required under paragraph (1) shall al-
low the consumer the opportunity to prohibit all solicitations
referred to in such paragraph, and may allow the consumer
to choose from different options when electing to prohibit the
sending of such solicitations, including options regarding the
types of entities and information covered, and which methods
of delivering solicitations the consumer elects to prohibit.
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Duration
Scope.
(B)
(3)
(A)
(B)
(4)
(A)
(B)
(C)
(D)
Format. Notwithstanding subparagraph (A), the notice re-
quired under paragraph (1) shall be clear, conspicuous, and
concise, and any method provided under paragraph (1)(B) shall
be simple. The regulations prescribed to implement this section
shall provide specific guidance regarding how to comply with
such standards.
In general. The election of a consumer pursuant to paragraph
(1)(B) to prohibit the making of solicitations shall be effective
for at least 5 years, beginning on the date on which the person
receives the election of the consumer, unless the consumer
requests that such election be revoked.
Notice upon expiration of effective period. At such time as the
election of a consumer pursuant to paragraph (1)(B) is no lon-
ger effective, a person may not use information that the person
receives in the manner described in para-graph (1) to make any
solicitation for marketing purposes to the consumer, unless the
consumer receives a notice and an opportunity, using a simple
method, to extend the opt-out for another period of at least 5
years, pursuant to the procedures described in paragraph (1).
This section shall not apply to a person –
using information to make a solicitation for marketing purposes
to a consumer with whom the person has a pre-existing business
relationship;
using information to facilitate communications to an individual
for whose benefit the person provides employee benefit or other
services pursuant to a contract with an employer related to and
arising out of the current employment relationship or status of
the individual as a participant or beneficiary of an employee
benefit plan;
using information to perform services on behalf of another
person related by common ownership or affiliated by corporate
control, except that this subparagraph shall not be construed as
permitting a person to send solicitations on behalf of another
person, if such other person would not be permitted to send the
solicitation on its own behalf as a result of the election of the
consumer to prohibit solicitations under paragraph (1)(B);
using information in response to a communication initiated by
the consumer;
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(E) using information in response to solicitations authorized or
requested by the consumer; or
(F) if compliance with this section by that person would prevent
compliance by that person with any provision of State insurance
laws pertaining to unfair discrimination in any State in which
the person is lawfully doing business.
(5) No retroactivity. This subsection shall not prohibit the use of infor-
mation to send a solicitation to a consumer if such information was
received prior to the date on which persons are required to comply
with regulations implementing this subsection.
(b) Notice for other purposes permissible. A notice or other disclosure under
this section may be coordinated and consolidated with any other notice
required to be issued under any other provision of law by a person that is
subject to this section, and a notice or other disclosure that is equivalent to
the notice required by subsection (a), and that is provided by a person de-
scribed in subsection (a) to a consumer together with disclosures required
by any other provision of law, shall satisfy the requirements of subsection
(a).
(c) User requirements. Requirements with respect to the use by a person of
information received from another person related to it by common owner-
ship or affiliated by corporate control, such as the requirements of this
section, constitute requirements with respect to the exchange of informa-
tion among persons affiliated by common ownership or common corporate
control, within the meaning of section 625(b)(2).
(d) Definitions. For purposes of this section, the following definitions shall
apply:
(1) The term “pre-existing business relationship” means a relationship
between a person, or a person’s licensed agent, and a consumer,
based on–
(A) a financial contract between a person and a consumer which is
in force;
(B) the purchase, rental, or lease by the consumer of that person’s
goods or services, or a financial transaction (including hold-
ing an active account or a policy in force or having another
continuing relationship) between the consumer and that person
during the 18-month period immediately preceding the date on
which the consumer is sent a solicitation covered by this sec-
tion;
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(C) an inquiry or application by the consumer regarding a product
or service offered by that person, during the 3-month period
immediately preceding the date on which the consumer is sent a
solicitation covered by this section; or
(D) any other pre-existing customer relationship defined in the
regulations implementing this section.
(2) The term “solicitation” means the marketing of a product or service
initiated by a person to a particular consumer that is based on an
exchange of information described in subsection (a), and is intended
to encourage the consumer to purchase such product or service, but
does not include communications that are directed at the general pub-
lic or determined not to be a solicitation by the regulations prescribed
under this section.
§ 625. Relation to State laws [15 U.S.C. § 1681t]
(a) In general. Except as provided in subsections (b) and (c), this title does
not annul, alter, affect, or exempt any person subject to the provisions of
this title from complying with the laws of any State with respect to the col-
lection, distribution, or use of any information on consumers, or for the
prevention or mitigation of identity theft, except to the extent that those
laws are inconsistent with any provision of this title, and then only to the
extent of the inconsistency.
(b) General exceptions. No requirement or prohibition may be imposed under
the laws of any State
(1) with respect to any subject matter regulated under
(A) subsection (c) or (e) of section 604 [§ 1681b], relating to the
prescreening of consumer reports;
(B) section 611 [§ 1681i], relating to the time by which a consumer
reporting agency must take any action, including the provision
of notification to a consumer or other person, in any procedure
related to the disputed accuracy of information in a consumer’s
file, except that this subparagraph shall not apply to any State
law in effect on the date of enactment of the Consumer Credit
Reporting Reform Act of 1996;
(C) subsections (a) and (b) of section 615 [§ 1681m], relating to the
duties of a person who takes any adverse action with respect to
a consumer;
(D) section 615(d) [§ 1681m], relating to the duties of persons who
use a consumer report of a consumer in connection with any
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§ 625 - 15 U.S.C. § 1681t
credit or insurance transaction that is not initiated by the con-
sumer and that consists of a firm offer of credit or insurance;
(E) section 605 [§ 1681c], relating to information contained in
consumer reports, except that this subparagraph shall not apply
to any State law in effect on the date of enactment of the Con-
sumer Credit Reporting Reform Act of 1996;
(F) section 623 [§ 1681s-2], relating to the responsibilities of per-
sons who furnish information to consumer reporting agencies,
except that this paragraph shall not apply
(i) with respect to section 54A(a) of chapter 93 of the Mas-
sachusetts Annotated Laws (as in effect on the date of
enactment of the Consumer Credit Reporting Reform Act
of 1996); or
(ii) with respect to section 1785.25(a) of the California Civil
Code (as in effect on the date of enactment of the Con-
sumer Credit Reporting Reform Act of 1996);
(G) section 609(e), relating to information available to victims un-
der section 609(e);
(H) section 624, relating to the exchange and use of information to
make a solicitation for marketing purposes; or
(I)
section 615(h), relating to the duties of users of consumer
reports to provide notice with respect to terms in certain credit
transactions;
(2) with respect to the exchange of information among persons affiliated
by common ownership or common corporate control, except that this
paragraph shall not apply with respect to subsection (a) or (c)(1) of
section 2480e of title 9, Vermont Statutes Annotated (as in effect on
the date of enactment of the Consumer Credit Reporting Reform Act
of 1996);
(3) with respect to the disclosures required to be made under subsection
(c), (d), (e), or (g) of section 609, or subsection (f) of section 609
relating to the disclosure of credit scores for credit granting purposes,
except that this paragraph –
(A) shall not apply with respect to sections 1785.10, 1785.16, and
1785.20.2 of the California Civil Code (as in effect on the date
of enactment of the Fair and Accurate Credit Transactions Act
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§ 625 - 15 U.S.C. § 1681t
with respect to the frequency of any disclosure under section 612(a),
except that this paragraph shall not apply –
with respect to the conduct required by the specific provisions of –
(B)
(C)
(4)
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(5)
(A)
of 2003) and section 1785.15 through section 1785.15.2 of such
Code (as in effect on such date);
shall not apply with respect to sections 5-3-106(2) and 212-
14.3-104.3 of the Colorado Revised Statutes (as in effect on the
date of enactment of the Fair and Accurate Credit Transactions
Act of 2003); and
shall not be construed as limiting, annulling, affecting, or su-
perseding any provision of the laws of any State regulating the
use in an insurance activity, or regulating disclosures concern-
ing such use, of a credit-based insurance score of a consumer
by any person engaged in the business of insurance;
with respect to section 12-14.3-105(1)(d) of the Colorado Re-
vised Statutes (as in effect on the date of enactment of the Fair
and Accurate Credit Transactions Act of 2003);
with respect to section 10-1-393(29)(C) of the Georgia Code
(as in effect on the date of enactment of the Fair and Accurate
Credit Transactions Act of 2003);
with respect to section 1316.2 of title 10 of the Maine Revised
Statutes (as in effect on the date of enactment of the Fair and
Accurate Credit Transactions Act of 2003);
with respect to sections 14-1209(a)(1) and 14-1209(b)(1)(i) of
the Commercial Law Article of the Code of Maryland (as in
effect on the date of enactment of the Fair and Accurate Credit
Transactions Act of 2003);
with respect to section 59(d) and section 59(e) of chapter 93 of
the General Laws of Massachusetts (as in effect on the date of
enactment of the Fair and Accurate Credit Transactions Act of
2003);
with respect to section 56:11-37.10(a)(1) of the New Jersey Re-
vised Statutes (as in effect on the date of enactment of the Fair
and Accurate Credit Transactions Act of 2003); or
with respect to section 2480c(a)(1) of title 9 of the Vermont
Statutes Annotated (as in effect on the date of enactment of the
Fair and Accurate Credit Transactions Act of 2003); or
section 605(g);
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(B) section 605A;
(C) section 605B;
(D) section 609(a)(1)(A);
(E) section 612(a);
(F) subsections (e), (f), and (g) of section 615;
(G) section 621(f);
(H) section 623(a)(6); or
(I)
section 628.
(c) Definition of firm offer of credit or insurance. Notwithstanding any defi-
nition of the term “firm offer of credit or insurance” (or any equivalent
term) under the laws of any State, the definition of that term contained in
section 603(l) [§ 1681a] shall be construed to apply in the enforcement and
interpretation of the laws of any State governing consumer reports.
(d) Limitations. Subsections (b) and (c) do not affect any settlement, agree-
ment, or consent judgment between any State Attorney General and any
consumer reporting agency in effect on the date of enactment of the Con-
sumer Credit Reporting Reform Act of 1996.
§ 626. Disclosures to FBI for counterintelligence purposes
[15 U.S.C. § 1681u]
(a) Identity of financial institutions. Notwithstanding section 604 [§ 1681b] or
any other provision of this title, a consumer reporting agency shall fur-
nish to the Federal Bureau of Investigation the names and addresses of all
financial institutions (as that term is defined in section 1101 of the Right to
Financial Privacy Act of 1978 [12 U.S.C. § 3401]) at which a consumer
maintains or has maintained an account, to the extent that information is in
the files of the agency, when presented with a written request for that in-
formation, signed by the Director of the Federal Bureau of Investigation,
or the Director’s designee in a position not lower than Deputy Assistant
Director at Bureau headquarters or a Special Agent in Charge of a Bureau
field office designated by the Director, which certifies compliance with
this section. The Director or the Director’s designee may make such a
certification only if the Director or the Director’s designee has determined
in writing, that such information is sought for the conduct of an authorized
investigation to protect against international terrorism or clandestine intel-
ligence activities, provided that such an investigation of a United States
person is not conducted solely upon the basis of activities protected by the
first amendment to the Constitution of the United States.
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(b) Identifying information. Notwithstanding the provisions of section 604
[§ 1681b] or any other provision of this title, a consumer reporting agency
shall furnish identifying information respecting a consumer, limited to
name, address, former addresses, places of employment, or former places
of employment, to the Federal Bureau of Investigation when presented
with a written request, signed by the Director or the Director’s desig-
nee, which certifies compliance with this subsection. The Director or the
Director’s designee in a position not lower than Deputy Assistant Direc-
tor at Bureau headquarters or a Special Agent in Charge of a Bureau field
office designated by the Director may make such a certification only if the
Director or the Director’s designee has determined in writing that such
information is sought for the conduct of an authorized investigation to
protect against international terrorism or clandestine intelligence activities,
provided that such an investigation of a United States person is not con-
ducted solely upon the basis of activities protected by the first amendment
to the Constitution of the United States.
(c) Court order for disclosure of consumer reports. Notwithstanding section
604 [§ 1681b] or any other provision of this title, if requested in writ-
ing by the Director of the Federal Bureau of Investigation, or a designee
of the Director in a position not lower than Deputy Assistant Director at
Bureau headquarters or a Special Agent in Charge of a Bureau field office
designated by the Director, a court may issue an order ex parte directing
a consumer reporting agency to furnish a consumer report to the Federal
Bureau of Investigation, upon a showing in camera that the consumer
report is sought for the conduct of an authorized investigation to protect
against international terrorism or clandestine intelligence activities, pro-
vided that such an investigation of a United States person is not conducted
solely upon the basis of activities protected by the first amendment to the
Constitution of the United States. The terms of an order issued under
this subsection shall not disclose that the order is issued for purposes of a
counterintelligence investigation.
(d) Confidentiality
(1) If the Director of the Federal Bureau of Investigation, or his desig-
nee in a position not lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge in a Bureau field office
designated by the Director, certifies that otherwise there may result a
danger to the national security of the United States, interference with
a criminal, counterterrorism, or counterintelligence investigation,
interference with diplomatic relations, or danger to the life or physi-
cal safety of any person, no consumer reporting agency or officer,
employee, or agent of a consumer reporting agency shall disclose to
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any person (other than those to whom such disclosure is necessary
to comply with the request or an attorney to obtain legal advice or
legal assistance with respect to the request) that the Federal Bureau of
Investigation has sought or obtained the identity of financial institu-
tions or a consumer report respecting any consumer under subsection
(a), (b), or (c) of this section, and no consumer reporting agency or
officer, employee, or agent of a consumer reporting agency shall
include in any consumer report any information that would indicate
that the Federal Bureau of Investigation has sought or obtained such
information on a consumer report.
(2) The request shall notify the person or entity to whom the request is
directed of the nondisclosure requirement under paragraph (1).
(3) Any recipient disclosing to those persons necessary to comply with
the request or to an attorney to obtain legal advice or legal assistance
with respect to the request shall inform such persons of any appli-
cable nondisclosure requirement. Any person who receives a disclo-
sure under this subsection shall be subject to the same prohibitions on
disclosure under paragraph (1).
(4) At the request of the Director of the Federal Bureau of Investigation
or the designee of the Director, any person making or intending to
make a disclosure under this section shall identify to the Director or
such designee the person to whom such disclosure will be made or
to whom such disclosure was made prior to the request, except that
nothing in this section shall require a person to inform the Director
or such designee of the identity of an attorney to whom disclosure
was made or will be made to obtain legal advice or legal assistance
with respect to the request for the identity of financial institutions or
a consumer report respecting any consumer under this section.
(e) Payment of fees. The Federal Bureau of Investigation shall, subject to
the availability of appropriations, pay to the consumer reporting agency
assembling or providing report or information in accordance with pro-
cedures established under this section a fee for reimbursement for such
costs as are reasonably necessary and which have been directly incurred in
searching, reproducing, or transporting books, papers, records, or other
data required or requested to be produced under this section.
(f) Limit on dissemination. The Federal Bureau of Investigation may not
disseminate information obtained pursuant to this section outside of the
Federal Bureau of Investigation, except to other Federal agencies as may
be necessary for the approval or conduct of a foreign counterintelligence
investigation, or, where the information concerns a person subject to the
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Uniform Code of Military Justice, to appropriate investigative authori-
ties within the military department concerned as may be necessary for the
conduct of a joint foreign counterintelligence investigation.
(g) Rules of construction. Nothing in this section shall be construed to pro-
hibit information from being furnished by the Federal Bureau of Investiga-
tion pursuant to a subpoena or court order, in connection with a judicial or
administrative proceeding to enforce the provisions of this Act. Nothing
in this section shall be construed to authorize or permit the withholding of
information from the Congress.
(h) Reports to Congress
(1) On a semiannual basis, the Attorney General shall fully inform the
Permanent Select Committee on Intelligence and the Committee on
Banking, Finance and Urban Affairs of the House of Representa-
tives, and the Select Committee on Intelligence and the Committee
on Banking, Housing, and Urban Affairs of the Senate concerning all
requests made pursuant to subsections (a), (b), and (c) of this section.
(2) In the case of the semiannual reports required to be submitted under
paragraph (1) to the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee on Intel-
ligence of the Senate, the submittal dates for such reports shall be as
provided in section 415b of Title 50.
(i) Damages. Any agency or department of the United States obtaining or
disclosing any consumer reports, records, or information contained therein
in violation of this section is liable to the consumer to whom such consum-
er reports, records, or information relate in an amount equal to the sum of
(1) $100, without regard to the volume of consumer reports, records, or
information involved;
(2) any actual damages sustained by the consumer as a result of the dis-
closure;
(3) if the violation is found to have been willful or intentional, such puni-
tive damages as a court may allow; and
(4) in the case of any successful action to enforce liability under this
subsection, the costs of the action, together with reasonable attorney
fees, as determined by the court.
(j) Disciplinary actions for violations. If a court determines that any agency
or department of the United States has violated any provision of this sec-
tion and the court finds that the circumstances surrounding the violation
raise questions of whether or not an officer or employee of the agency or
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§ 627.
(k)
(l)
(m)
(a)
(b)
(c)
§ 627 - 15 U.S.C. §1681v
department acted willfully or intentionally with respect to the violation,
the agency or department shall promptly initiate a proceeding to determine
whether or not disciplinary action is warranted against the officer or em-
ployee who was responsible for the violation.
Good-faith exception. Notwithstanding any other provision of this title,
any consumer reporting agency or agent or employee thereof making
disclosure of consumer reports or identifying information pursuant to this
subsection in good-faith reliance upon a certification of the Federal Bureau
of Investigation pursuant to provisions of this section shall not be liable
to any person for such disclosure under this title, the constitution of any
State, or any law or regulation of any State or any political subdivision of
any State.
Limitation of remedies. Notwithstanding any other provision of this title,
the remedies and sanctions set forth in this section shall be the only judi-
cial remedies and sanctions for violation of this section.
Injunctive relief. In addition to any other remedy contained in this sec-
tion, injunctive relief shall be available to require compliance with the
procedures of this section. In the event of any successful action under this
subsection, costs together with reasonable attorney fees, as determined by
the court, may be recovered.
Disclosures to governmental agencies for
counterterrorism purposes [15 U.S.C. § 1681v]
Disclosure. Notwithstanding section 604 or any other provision of this
title, a consumer reporting agency shall furnish a consumer report of a
consumer and all other information in a consumer’s file to a government
agency authorized to conduct investigations of, or intelligence or counter-
intelligence activities or analysis related to, international terrorism when
presented with a written certification by such government agency that such
information is necessary for the agency’s conduct or such investigation,
activity or analysis.
Form of certification. The certification described in subsection (a) shall
be signed by a supervisory official designated by the head of a Federal
agency or an officer of a Federal agency whose appointment to office is
required to be made by the President, by and with the advice and consent
of the Senate.
Confidentiality. No consumer reporting agency, or officer, employee, or
agent of such consumer reporting agency, shall disclose to any person, or
specify in any consumer report, that a government agency has sought or
obtained access to information under subsection (a).
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§  628 - 15 U.S.C. §1681w
Reports to Congress
§ 628.
(d)
(e)
(f)
(a)
Rule of construction. Nothing in section 626 shall be construed to limit
the authority of the Director of the Federal Bureau of Investigation under
this section.
Safe harbor. Notwithstanding any other provision of this title, any
consumer reporting agency or agent or employee thereof making disclo-
sure of consumer reports or other information pursuant to this section in
good-faith reliance upon a certification of a government agency pursuant
to the provisions of this section shall not be liable to any person for such
disclosure under this subchapter, the constitution of any State, or any law
or regulation of any State or any political subdivision of any State.
(1) On a semi-annual basis, the Attorney General shall fully inform the
Committee on the Judiciary, the Committee on Financial Services,
and the Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on the Judiciary, the Committee
on Banking, Housing, and Urban Affairs, and the Select Committee
on Intelligence of the Senate concerning all requests made pursuant to
subsection (a) of this section.
(2) In the case of the semiannual reports required to be submitted under
paragraph (1) to the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee on Intel-
ligence of the Senate, the submittal dates for such reports shall be as
provided in section 415b of Title 50.
Disposal of records [15 U.S.C. § 1681w]
See also 16 CFR Part 682
69 Fed. Reg. 68690 (11/24/04)
Regulations
(1) In general. The Federal Trade Commission, the Securities and Ex-
change Commission, the Commodity Futures Trading Commission,
the Federal banking agencies, and the National Credit Union Admin-
istration, with respect to the entities that are subject to their respec-
tive enforcement authority under section 621, and in coordination as
described in paragraph (2), shall issue final regulations requiring any
person that maintains or otherwise possesses consumer information,
or any compilation of consumer information, derived from consumer
reports for a business purpose to properly dispose of any such infor-
mation or compilation.
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§  629 - 15 U.S.C. §1681x
(2) Coordination. Each agency required to prescribe regulations under
paragraph (1) shall –
(A) consult and coordinate with each other such agency so that,
to the extent possible, the regulations prescribed by each such
agency are consistent and comparable with the regulations by
each such other agency; and
(B) ensure that such regulations are consistent with the require-
ments and regulations issued pursuant to Public Law 106-102
and other provisions of Federal law.
(3) Exemption authority. In issuing regulations under this section, the
agencies identified in paragraph (1) may exempt any person or class
of persons from application of those regulations, as such agency
deems appropriate to carry out the purpose of this section.
(b) Rule of construction. Nothing in this section shall be construed –
(1) to require a person to maintain or destroy any record pertaining to a
consumer that is not imposed under other law; or
(2) to alter or affect any requirement imposed under any other provision
of law to maintain or destroy such a record.
§ 629. Corporate and technological circumvention prohibited
[15 U.S.C. § 1681x]
The Bureau shall prescribe regulations, to become effective not later than 90
days after the date of enactment of this section, to prevent a consumer reporting
agency from circumventing or evading treatment as a consumer reporting
agency described in section 603(p) for purposes of this title, including--
(1) by means of a corporate reorganization or restructuring, including a
merger, acquisition, dissolution, divestiture, or asset sale of a con-
sumer reporting agency; or
(2) by maintaining or merging public record and credit account informa-
tion in a manner that is substantially equivalent to that described in
paragraphs (1) and (2) of section 603(p), in the manner described in
section 603(p).
See also 16 CFR Part 611
69 Fed. Reg. 8531 (02/24/04)
69 Fed. Reg. 29061 (05/20/04)
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Legislative History
House Report: No. 91-975 (Comm. on Banking and Currency)
Senate Report: No. 91-1139 (Comm. on Banking and Currency)
Conference Report: No. 91-1587
Enactment: Public Law No. 91-508 (October 26, 1970)
Amendments: Public Law Nos.
95-473 (October 17, 1978)
95-598 (November 6, 1978)
98-443 (October 4, 1984)
101-73 (August 9, 1989)
102-242 (December 19, 1991)
102-537 (October 27, 1992)
102-550 (October 28, 1992)
103-325 (September 23, 1994)
104-88 (December 29, 1995)
104-93 (January 6, 1996)
104-193 (August 22, 1996)
104-208 (September 30, 1996)
105-107 (November 20, 1997)
105-347 (November 2, 1998)
106-102 (November 12, 1999)
107-56 (October 26, 2001)
108-159 (December 4, 2003)
109-351 (October 13, 2006)
110-161 (December 27, 2007)
110-241 (June 3, 2008)
111-24 (May 22, 2009)
107-306 (November 27, 2002)
108-177 (Dec. 13, 2003)
108-458 (December 17, 2004)
109-177 (March 9, 2006)
109-178 (March 9, 2006)
111-319 (Janaury 5, 2010)
111-203 (July 21, 2010)

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