This title may be cited as the Fair Credit Reporting Act.
§ 602. Congressional findings and statement of purpose
[15 U.S.C. § 1681]
(a) Accuracy and fairness of credit reporting. The Congress makes
the following findings:
(1) The banking system is dependent upon fair and accurate
credit reporting. 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.
(b) Reasonable procedures. It is the purpose of this title to
require that consumer 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.
§ 603. Definitions; rules of construction [15 U.S.C. §
1681a]
(a) Definitions and rules of construction set forth in this
section are applicable for the purposes of this title.
(b) The term "person" means any individual,
partnership, corporation, trust, estate, cooperative, association,
government or governmental subdivision or agency, or other entity.
(c) The term "consumer" means an individual.
(d) 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, credit capacity, character, general
reputation, personal characteristics, 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. The term "consumer report" does not
include
(A) 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 opportunity, before the time that the
information is initially communicated, to direct that such
information not be communicated 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
indirectly 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).
(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 engages 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 consumer, means all of the information on that
consumer recorded and retained by a consumer reporting agency
regardless of how the information is stored.
(h) The term "employment purposes" when used in
connection with a consumer report means a report used for the
purpose of evaluating a consumer for employment, promotion,
reassignment or retention as an employee.
(i) The term "medical information" means information or
records obtained, with the consent of the individual to whom it
relates, from licensed physicians or medical practitioners,
hospitals, clinics, or other medical or medically related
facilities.
(j) Definitions relating to child support obligations.
(1) Overdue support. The term "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)].
(2) State or local child support enforcement agency. 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.
(k) Adverse action.
(1) 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, existing or
applied for, in connection with the underwriting of insurance;
(ii) a denial of employment or any other decision for
employment 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 consumer, 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.
(2) Applicable findings, decisions, commentary, and orders. For
purposes 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 Board of Governors of
the Federal Reserve System or any court shall apply.
(l) Firm offer of credit or insurance. 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 determined,
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:
(1) The consumer being determined, based on information in the
consumer's application for the credit or insurance, to meet
specific criteria 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.
(2) 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
consumer's application for the credit or insurance, or other
information bearing on the credit worthiness or insurability of
the consumer; 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.
(3) 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.
(m) Credit or insurance transaction that is not initiated by the
consumer. The term "credit or insurance transaction that is not
initiated by the consumer" 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) State. 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
subsection if it is a communication
(1) that, but for subsection (d)(2)(D), would be an
investigative consumer 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
communication 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 business 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 Federal or State
equal employment opportunity law or regulation; and
(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 disclosure, 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 appropriate 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
communication, in writing, of the consumer's right to request
the information described in clause (i).
(p) Consumer reporting agency that compiles and maintains files
on consumers on a nationwide basis. 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
parties 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
information regularly and in the ordinary course of business.
§ 604. Permissible purposes of consumer reports [15 U.S.C.
§ 1681b]
(a) In general. Subject to subsection (c), any consumer reporting
agency may furnish a consumer report under the following
circumstances and no other:
(1) 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.
(2) In accordance with the written instructions of the consumer
to whom it relates.
(3) To a person which it has reason to believe
(A) intends to use the information in connection with a credit
transaction 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
underwriting of insurance involving the consumer; or
(D) intends to use the information in connection with a
determination 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
servicer, 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.
(4) In response to a request by the head of a State or local
child support 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
determining the appropriate level of such payments;
(B) the paternity of the consumer for the child to which the
obligation relates has been established or acknowledged by the
consumer 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.
(5) To an agency administering a State plan under Section 454 of
the Social Security Act (42 U.S.C. § 654) for use to set an initial
or modified child support award.
(b) Conditions for furnishing and using consumer reports for
employment purposes.
(1) 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 paragraph (3) becomes
applicable; and
(ii) information from the consumer report will not be used in
violation of any applicable Federal or State equal employment
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 Federal Trade Commission under
section 609(c)(3) [§ 1681g].
(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 authorization
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 consumer'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 position 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.
(3) Conditions on use for adverse actions.
(A) In general. Except as provided in subparagraph (B), in using
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 Federal Trade Commission under
section 609(c)(3).
(B) 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 similar 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 provide 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 consumer reporting
agency;
(II) of the name, address and telephone number of the consumer
reporting agency that furnished the consumer 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
(IV) that the consumer may, upon providing proper
identification, request a free copy of a report and may dispute
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 consumer'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 Federal Trade Commission under section 609(c)(3).
(C) Scope. Subparagraph (B) shall apply to a person procuring a
consumer report on a consumer in connection with the consumer'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 position 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
investigation 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--
(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, evidence
relevant to the investigation;
(IV) result in the intimidation of a potential witness relevant
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 described
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 consumer 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
information 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 department 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) Report to the congress. Not later than January 31 of each
year, the head of each agency and department of the United States
Government that exercised authority under this paragraph during the
preceding year shall submit a report to the Congress on the number
of times the department or agency exercised such authority during
the year.
(E) Definitions. For purposes of this paragraph, the following
definitions 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.
(ii) National security investigation. The term 'national security
investigation' means any official inquiry by an agency or department
of the United States Government to determine the eligibility of a
consumer to receive access or continued access to classified
information or to determine whether classified information has been
lost or compromised.
(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 transaction 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
insurance;
(ii) the consumer reporting agency has complied with subsection
(e); and
(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.
(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
identify the relationship or experience of the consumer with respect
to a particular creditor or other entity.
(3) 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 insurance transaction that is not initiated by a consumer.
(d) Reserved.
(e) Election of consumer to be excluded from lists.
(1) 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
insurance 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 initiated by the consumer.
(2) Manner of notification. A consumer shall notify a consumer
reporting 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
issued by the agency for purposes of this subparagraph.
(3) 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 paragraph (5), a consumer reporting agency shall
(A) inform the consumer that the election is effective only for
the 2-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.
(4) 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);
(B) shall be effective with respect to a consumer reporting
agency
(i) subject to subparagraph (C), during the 2-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 notifies the
agency in accordance with paragraph (2)(B);
(C) shall not be effective after the date on which the consumer
notifies the agency, through the notification system established by
the agency under paragraph (5), that the election is no longer
effective; and
(D) shall be effective with respect to each affiliate of the
agency.
(5) Notification system.
(A) In general. Each consumer reporting agency that, under
subsection (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 address 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
enactment of the Consumer Credit Reporting Reform Act of 1996, and
not less than annually thereafter, in a publication of general
circulation in the area served by the agency
(I) a notification that information in consumer files maintained
by the agency may be used in connection with such transactions; and
(II) the address and toll-free telephone number for consumers to
use to notify the agency of the consumer's election under clause
(I).
(B) Establishment and maintenance as compliance. Establishment
and maintenance of a notification system (including a toll-free
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.
(6) Notification system by agencies that operate nationwide. Each
consumer reporting agency that compiles and maintains files on
consumers on a nationwide basis shall establish and maintain a
notification system for purposes of paragraph (5) jointly with other
such consumer reporting agencies.
(f) Certain use or obtaining of information prohibited. A person
shall not use or obtain a consumer report for any purpose unless
(1) the consumer report is obtained for a purpose for which the
consumer report is authorized to be furnished under this section;
and
(2) the purpose is certified in accordance with section 607 [§
1681e] by a prospective user of the report through a general or
specific certification.
(g) Furnishing reports containing medical information. 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 about a consumer, unless the
consumer consents to the furnishing of the report.
§ 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.
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 immediately 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. Any consumer reporting
agency that furnishes a consumer report that contains information
regarding any case involving 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 consumer reporting agency
shall include in the report that such case or filing was withdrawn
upon receipt of documentation certifying such withdrawal.
(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 notified 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.
§ 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 investigative consumer report including information as to his
character, 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 accurate 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 compliance 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 procedures 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 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, conviction, 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 consumer 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
confirmation 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
information.
§ 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 section 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.
(c) Disclosure of consumer reports by users allowed. A consumer
reporting 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.
(2) Content of notice. The Federal Trade Commission 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 paragraph (1) that is substantially similar
to the Federal Trade Commission prescription under this paragraph.
(e) Procurement of consumer report for resale.
(1) Disclosure. A person may not procure a consumer report for
purposes 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
information).
(2) Responsibilities of procurers for resale. A person who
procures a consumer report for purposes of reselling the report (or
any information 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
(i) identifies each end user of the resold report (or
information);
(ii) certifies each purpose for which the report (or information)
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.
Notwithstanding 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 purposes 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
contracting 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 nothing in this paragraph shall be construed to
require a consumer reporting agency to disclose to a consumer any
information concerning credit scores or any other risk scores or
predictors relating to the consumer.
(2) The sources of the information; except that the sources of
information acquired solely for use in preparing an investigative
consumer report and actually used 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 preceding
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 business; 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).
(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
connection with a credit or insurance transaction that was not
initiated by the consumer.
(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 required to be included with disclosure.
(1) Summary of rights. A consumer reporting agency shall provide
to a consumer, with each written disclosure by the agency to the
consumer under this section
(A) a written summary of all of the rights that the consumer has
under this title; and
(B) in the case of a consumer reporting agency that compiles and
maintains files on consumers on a nationwide basis, a toll-free
telephone number established by the agency, at which personnel are
accessible to consumers during normal business hours.
(2) Specific items required to be included. The summary of rights
required under paragraph (1) shall include
(A) a brief description of this title and all rights of consumers
under this title;
(B) an explanation of how the consumer may exercise the rights of
the consumer under this title;
(C) a list of all Federal agencies responsible for enforcing any
provision of this title and the address and any appropriate phone
number of each such agency, in a form that will assist the consumer
in selecting the appropriate agency;
(D) 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 to
learn of those rights; and
(E) a statement that a consumer reporting agency is not required
to remove accurate derogatory information from a consumer's file,
unless the information is outdated under section 605 [§ 1681c] or
cannot be verified.
(3) Form of summary of rights. For purposes of this subsection
and any disclosure by a consumer reporting agency required under
this title with respect to consumers' rights, the Federal Trade
Commission (after consultation with each Federal agency referred to
in section 621(b) [§ 1681s]) shall prescribe the form and content
of any such disclosure of the rights of consumers required under
this title. A consumer reporting agency shall be in compliance with
this subsection if it provides disclosures under paragraph (1) that
are substantially similar to the Federal Trade Commission
prescription under this paragraph.
(4) Effectiveness. No disclosures shall be required under this
subsection until the date on which the Federal Trade Commission
prescribes the form and content of such disclosures under paragraph
(3).
§ 610. Conditions and form of disclosure to consumers [15
U.S.C. § 1681h]
(a) In general.
(1) 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.
(2) 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.
(b) Other forms of disclosure.
(1) In general. If authorized by a consumer, a consumer reporting
agency may make the disclosures required under 609 [§ 1681g]
(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
disclosures 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 reasonable identification. A consumer reporting agency
may require the consumer 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 reporting agency, any user of information, or
any person who furnishes information 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.
§ 611. Procedure in case of disputed accuracy [15 U.S.C. §
1681i]
(a) Reinvestigations of disputed information.
(1) Reinvestigation required.
(A) In general. 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 of such dispute, the agency shall reinvestigate free
of charge 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.
(B) 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 consumer during that
30-day period that is relevant to the reinvestigation.
(C) Limitations on extension of period to reinvestigate.
Subparagraph (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.
(2) Prompt notice of dispute to furnisher of information.
(A) 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 in accordance with
paragraph (1), the agency shall provide notification of the dispute
to any person who provided any item of information in dispute, at
the address and in the manner established with the person. The
notice shall include all relevant information regarding the dispute
that the agency has received from the consumer.
(B) Provision of other information from consumer. The consumer
reporting agency shall promptly provide to the person who provided
the information in dispute all relevant information regarding the
dispute that is received by the agency from the consumer 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
determines that the dispute by the consumer is frivolous or
irrelevant, including by reason of a failure by a consumer to
provide sufficient 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 consumer
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) identification 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
reinvestigation 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
information is found to be inaccurate or incomplete or cannot be
verified, the consumer reporting agency shall promptly delete that
item of information from the consumer's file or modify that item
of information, as appropriate, based on the results of the
reinvestigation.
(B) Requirements relating to reinsertion of previously deleted
material.
(i) Certification of accuracy of information. If any
information is deleted from a consumer's file pursuant to
subparagraph (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 information 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
statement to the consumer's file disputing the accuracy or
completeness of the disputed information.
(C) Procedures to prevent reappearance. A consumer reporting
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)).
(D) 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 incomplete or
inaccurate information in a consumer's file to other such consumer
reporting agencies.
(6) Notice of results of reinvestigation.
(A) 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
completion of the reinvestigation, by mail or, if authorized by
the consumer for that purpose, by other means available to the
agency.
(B) Contents. As part of, or in addition to, the notice under
subparagraph (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
description 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 connection 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
completeness 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.
(7) Description of reinvestigation procedure. A consumer
reporting agency shall provide to a consumer a description referred
to in paragraph (6)(B)(iii) by not later than 15 days after
receiving a request from the consumer for that description.
(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
telephone;
(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 request 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
consumer'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. Whenever 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 consumer
report containing the information in question, clearly note that it
is disputed by the consumer and provide either the consumer'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 longer 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 received 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.
§ 612. Charges for certain disclosures [15 U.S.C. § 1681j]
(a) Reasonable charges allowed for certain disclosures.
(1) In general. Except as provided in subsections (b), (c), and
(d), a consumer 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; and
(ii) shall be indicated to the consumer before making the
disclosure; and
(B) for furnishing, pursuant to 611(d) [§ 1681i], following
a reinvestigation under section 611(a) [§ 1681i], a statement,
codification, 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) 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 Federal Trade Commission 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 fractional changes rounded to the nearest fifty
cents.
(b) Free disclosure after adverse notice to consumer. Each
consumer reporting 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 pursuant to section 615 [§ 1681m],
or of a notification from a debt collection agency affiliated with
that consumer reporting agency stating that the consumer'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 without 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 contains inaccurate information due to fraud.
(d) 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 (a).
§ 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 record 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 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 Government 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 contained 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 information 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 orally, in writing, or
electronically
(A) the name, address, and telephone number of the consumer
reporting agency (including a toll-free telephone number
established by the agency if the agency compiles and maintains
files 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
(3) 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
consumer report on the consumer from the consumer reporting agency
referred to in paragraph (2), which notice shall include an
indication of the 60-day period under that section for obtaining
such a copy; and
(B) to dispute, under section 611 [§ 1681i], with a consumer
reporting agency the accuracy or completeness of any information
in a consumer report furnished by the agency.
(b) Adverse action based on information obtained from third
parties other than consumer reporting agencies.
(1) 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 adverse 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.
(2) Duties of person taking certain actions based on information
provided 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
(i) notify the consumer of the action, including a statement
that the consumer may obtain the information in accordance 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 consumer,
or any adverse action described in clause (i) or (ii) of section
603(k)(1)(B) [§ 1681a].
(C) Information described. Information referred to in
subparagraph (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 characteristics,
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 liable 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
consumer 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 solicitation 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 insurability 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
insurability 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 transaction
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. A statement under
paragraph (1) shall include the address and toll-free telephone
number of the appropriate notification system established under
section 604(e) [§ 1681b].
(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 determining whether or not to
extend credit or insurance pursuant to the offer, and any
requirement for the furnishing of collateral as a condition 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 insurance transaction that is not initiated by the
consumer.
§ 616. Civil liability for willful noncompliance [15 U.S.C.
§ 1681n]
(a) In general. Any person who willfully fails 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) (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.
(b) Civil liability for knowing noncompliance. Any person who
obtains a consumer 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.
(c) Attorney's fees. Upon a finding by the court that an
unsuccessful pleading, 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.
§ 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 failure;
(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 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.
§ 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, within two years from the date on which the
liability arises, except that where a defendant has materially and
willfully misrepresented any information required under this title
to be disclosed to an individual and the information so
misrepresented is material to the establishment of the defendant's
liability to that individual under this title, the action may be
brought at any time within two years after discovery by the
individual of the misrepresentation.
§ 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.
§ 621. Administrative enforcement [15 U.S.C. § 1681s]
(a) (1) Enforcement by Federal Trade Commission. Compliance with
the requirements imposed under this title shall be enforced under
the Federal Trade Commission Act [15 U.S.C. §§ 41 et seq.] by the
Federal Trade Commission with respect to consumer reporting agencies
and all other persons subject thereto, except to the extent that
enforcement of the requirements imposed under this title is
specifically committed to some other government agency under
subsection (b) hereof. 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) thereof [15 U.S.C. § 45(b)] with respect to any
consumer reporting agency or person 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 in the Federal Trade Commission Act. The
Federal Trade Commission 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 appearance 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 thereof were part
of this title.
2) (A) In the event of a knowing violation, which constitutes a
pattern or practice of violations of this title, the Commission may
commence a civil action to recover a civil penalty in a district
court of the United States against any person that violates this
title. In such action, such person shall be liable for a civil
penalty of not more than $2,500 per violation.
(B) In determining the amount of a civil penalty under
subparagraph (A), the court shall take into account the degree of
culpability, any history of prior such conduct, ability to pay,
effect on ability to continue to do business, and such other matters
as justice may require.
(3) Notwithstanding paragraph (2), a court may not impose any
civil penalty on a person for a violation of section 623(a)(1) [§
1681s-2] 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 Commission,
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.
(4) Neither the Commission nor any other agency referred to in
subsection (b) may prescribe trade regulation rules or other
regulations with respect to this title.
(b) Enforcement by other agencies. 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 information to such agencies, and
users of information that are subject to subsection (d) of section
615 [§ 1681m] shall be enforced under
(1) section 8 of the Federal Deposit Insurance Act [12 U.S.C. §
1818], in the case of
(A) national banks, and Federal branches and Federal agencies
of foreign banks, by the Office of the Comptroller of the
Currency;
(B) member banks of the Federal Reserve System (other than
national banks), branches and agencies of foreign banks (other
than Federal branches, Federal agencies, and insured State
branches of foreign banks), commercial lending companies owned or
controlled by foreign banks, and organizations operating under
section 25 or 25(a) [25A] of the Federal Reserve Act [12 U.S.C.
§§ 601 et seq., §§ 611 et seq], by the Board of Governors of
the Federal Reserve System; and
(C) banks insured by the Federal Deposit Insurance Corporation
(other than members of the Federal Reserve System) and insured
State branches of foreign banks, by the Board of Directors of the
Federal Deposit Insurance Corporation;
(2) section 8 of the Federal Deposit Insurance Act [12 U.S.C. §
1818], by the Director of the Office of Thrift Supervision, in the
case of a savings association the deposits of which are insured by
the Federal Deposit Insurance Corporation;
(3) the Federal Credit Union Act [12 U.S.C. §§ 1751 et seq.],
by the Administrator of the National Credit Union Administration
[National Credit Union Administration Board] with respect to any
Federal credit union;
(4) subtitle IV of title 49 [49 U.S.C. §§ 10101 et seq.], by
the Secretary of Transportation, with respect to all carriers
subject to the jurisdiction of the Surface Transportation Board;
(5) the Federal Aviation Act of 1958 [49 U.S.C. Appx §§ 1301 et
seq.], by the Secretary of Transportation with respect to any air
carrier or foreign air carrier subject to that Act [49 U.S.C. Appx
§§ 1301 et seq.]; and
(6) the Packers and Stockyards Act, 1921 [7 U.S.C. §§ 181 et
seq.] (except as provided in section 406 of that Act [7 U.S.C. §§
226 and 227]), by the Secretary of Agriculture with respect to any
activities subject to that Act.
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)) shall have the meaning given to
them 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 provided 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
(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 of section 623(a) [§ 1681s-2],
damages for which the person would, but for section 623(c) [§
1681s-2], be liable to such residents as a result of the
violation; or
(iii) damages of not more than $1,000 for each willful or
negligent 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
attorney 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 Federal
Trade Commission or the appropriate Federal regulator determined
under subsection (b) and provide the 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 Federal Trade Commission 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 investigations 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 Federal Trade Commission or the appropriate Federal regulator
has instituted a civil action or an administrative action under
section 8 of the Federal Deposit Insurance Act for a violation of
this title, no State may, during the pendency of such action, bring
an action under this section against any defendant named in the
complaint of the Commission or the appropriate Federal regulator for
any violation of this title that is alleged in that complaint.
(5) Limitations on state actions for violation of section
623(a)(1) [§ 1681s-2].
(A) Violation of injunction required. A State may not bring an
action against a person under paragraph (1)(B) for a violation of
section 623(a)(1) [§ 1681s-2], unless
(i) the person has been enjoined from committing the violation,
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 of section 623(a)(1)
[§ 1681s-2], 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. Notwithstanding the
preceding, no agency referred to in subsection (b) may conduct an
examination of a bank, savings association, or credit union
regarding compliance with the provisions of this title, except in
response to a complaint (or if the agency otherwise has knowledge)
that the bank, savings association, or credit union has violated a
provision of this title, in which case, the agency may conduct an
examination as necessary to investigate the complaint. If an agency
determines during an investigation in response to a complaint that a
violation of this title has occurred, the agency may, during its
next 2 regularly scheduled examinations of the bank, savings
association, or credit union, examine for compliance with this
title.
(e) Interpretive authority. The Board of Governors of the Federal
Reserve System may issue interpretations of any provision of this
title as such provision may apply to any persons identified under
paragraph (1), (2), and (3) of subsection (b), or to the holding
companies and affiliates of such persons, in consultation with
Federal agencies identified in paragraphs (1), (2), and (3) of
subsection (b).
§ 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
support 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 consciously
avoids knowing 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
address 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
conspicuously 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.
(2) Duty to correct and update information. A person who
(A) regularly and in the ordinary course of business furnishes
information 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
determination and provide to the agency any corrections to that
information, 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 consumer reporting agency regarding a consumer who
has a credit account 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 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
month and year of the commencement of the delinquency that
immediately preceded the action.
(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
information;
(B) review all relevant information provided by the consumer
reporting agency pursuant to section 611(a)(2) [§ 1681i];
(C) report the results of the investigation to the consumer
reporting agency; and
(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.
(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 expiration of the period under section 611(a)(1) [§
1681i] within which the consumer reporting agency is required to
complete actions required by that section regarding that
information.
(c) Limitation on liability. Sections 616 and 617 [§§ 1681n and
1681o] do not apply to any failure to comply with subsection (a),
except as provided in section 621(c)(1)(B) [§ 1681s].
(d) Limitation on enforcement. Subsection (a) shall be enforced
exclusively under section 621 [§ 1681s] by the Federal agencies and
officials and the State officials identified in that section.
§ 624. 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 collection, distribution, or use of
any information on consumers, 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 prohi
