Fair Credit Reporting Act
As a public service, the staff of the Federal Trade Commission (FTC)
has prepared the following complete text of the Fair Credit Reporting Act (FCRA),
15 U.S.C. § 1681 et seq. Although staff generally followed the format of the U.S.
Code as published by the Government Printing Office, the format of this text does
differ in minor ways from the Code (and from West's U.S. Code Annotated). For example,
this version uses FCRA section numbers (§§ 601-625) in the headings. (The relevant
U.S. Code citation is included with each section heading and each reference to the
FCRA in the text.)
This version of the FCRA is complete as of
November 27,
1998
. It includes the amendments to the FCRA set forth in the Consumer Credit Reporting
Reform Act of 1996 (Public Law 104-208, the Omnibus Consolidated Appropriations
Act for Fiscal Year 1997, Title II, Subtitle D, Chapter 1), Section 311 of the Intelligence
Authorization for Fiscal Year 1998 (Public Law 105-107), and the Consumer Reporting
Employment Clarification Act of 1998 (Public Law 105-347).
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Table of Contents
§ 601 Short title § 602 Congressional findings and statement of purpose
§ 603 Definitions; rules of construction § 604 Permissible purposes of consumer
reports § 605 Requirements relating to information contained in consumer reports
§ 606 Disclosure of investigative consumer reports § 607 Compliance procedures §
608 Disclosures to governmental agencies § 609 Disclosures to consumers § 610 Conditions
and form of disclosure to consumers § 611 Procedure in case of disputed accuracy
§ 612 Charges for certain disclosures § 613 Public record information for employment
purposes § 614 Restrictions on investigative consumer reports § 615 Requirements
on users of consumer reports § 616 Civil liability for willful noncompliance § 617
Civil liability for negligent noncompliance § 618 Jurisdiction of courts; limitation
of actions § 619 Obtaining information under false pretenses § 620 Unauthorized
disclosures by officers or employees § 621 Administrative enforcement § 622 Information
on overdue child support obligations § 623 Responsibilities of furnishers of information
to consumer reporting agencies § 624 Relation to State laws § 625 Disclosures to
FBI for counterintelligence purposes
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§ 601. Short title
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.
(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.(1)
(5) Any other adverse item of information, other than records of convictions
of crimes which antedates the report by more than seven years.1
(b) Exempted cases. The provisions of subsection (a) of this section
are not applicable in the case of any consumer credit report to be used in connection
with
(1) a credit transaction involving, or which may reasonably be expected
to involve, a principal amount of $150,000 or more;
(2) the underwriting of life insurance involving, or which may reasonably
be expected to involve, a face amount of $150,000 or more; or
(3) the employment of any individual at an annual salary which equals,
or which may reasonably be expected to equal $75,000, or more.
(c) Running of reporting period.
(1) In general. The 7-year period referred to in paragraphs (4) and
(6) 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).
§ 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 prohibition may be imposed
under the laws of any State
(1) with respect to any subject matter regulated under
(A) subsection (c) or (e) of section 604 [§ 1681b], relating to the
prescreening of consumer reports;
(B) section 611 [§ 1681i], relating to the time by which a consumer
reporting agency must take any action, including the provision of notification to
a consumer or other person, in any procedure related to the disputed accuracy of
information in a consumer's file, except that this subparagraph shall not apply
to any State law in effect on the date of enactment of the Consumer Credit Reporting
Reform Act of 1996;
(C) subsections (a) and (b) of section 615 [§ 1681m], relating to
the duties of a person who takes any adverse action with respect to a consumer;
(D) section 615(d) [§ 1681m], relating to the duties of persons who
use a consumer report of a consumer in connection with any credit or insurance transaction
that is not initiated by the consumer and that consists of a firm offer of credit
or insurance;
(E) section 605 [§ 1681c], relating to information contained in consumer
reports, except that this subparagraph shall not apply to any State law in effect
on the date of enactment of the Consumer Credit Reporting Reform Act of 1996; or
(F) section 623 [§ 1681s-2], relating to the responsibilities of persons
who furnish information to consumer reporting agencies, except that this paragraph
shall not apply
(i) with respect to section 54A(a) of chapter 93 of the Massachusetts
Annotated Laws (as in effect on the date of enactment of the Consumer Credit Reporting
Reform Act of 1996); or
(ii) with respect to section 1785.25(a) of the California Civil Code
(as in effect on the date of enactment of the Consumer Credit Reporting Reform Act
of 1996);
(2) with respect to the exchange of information among persons affiliated
by common ownership or common corporate control, except that this paragraph shall
not apply with respect to subsection (a) or (c)(1) of section 2480e of title 9,
Vermont Statutes Annotated (as in effect on the date of enactment of the Consumer
Credit Reporting Reform Act of 1996); or
(3) with respect to the form and content of any disclosure required
to be made under section 609(c) [§ 1681g].
(c) Definition of firm offer of credit or insurance. Notwithstanding
any definition of the term "firm offer of credit or insurance" (or any
equivalent term) under the laws of any State, the definition of that term contained
in section 603(l) [§ 1681a] shall be construed to apply in the enforcement and interpretation
of the laws of any State governing consumer reports.
(d) Limitations. Subsections (b) and (c)
(1) do not affect any settlement, agreement, or consent judgment between
any State Attorney General and any consumer reporting agency in effect on the date
of enactment of the Consumer Credit Reporting Reform Act of 1996; and
(2) do not apply to any provision of State law (including any provision
of a State constitution) that
(A) is enacted after
January 1, 2004
;
(B) states explicitly that the provision is intended to supplement
this title; and
(C) gives greater protection to consumers than is provided under this
title.
§ 625. Disclosures to FBI for counterintelligence purposes [15 U.S.C.
§ 1681u]
(a) Identity of financial institutions. Notwithstanding section 604
[§ 1681b] or any other provision of this title, a consumer reporting agency shall
furnish to the Federal Bureau of Investigation the names and addresses of all financial
institutions (as that term is defined in section 1101 of the Right to Financial
Privacy Act of 1978 [12 U.S.C. § 3401]) at which a consumer maintains or has maintained
an account, to the extent that information is in the files of the agency, when presented
with a written request for that information, signed by the Director of the Federal
Bureau of Investigation, or the Director's designee, which certifies compliance
with this section. The Director or the Director's designee may make such a certification
only if the Director or the Director's designee has determined in writing that
(1) such information is necessary for the conduct of an authorized
foreign counterintelligence investigation; and
(2) there are specific and articulable facts giving reason to believe
that the consumer
(A) is a foreign power (as defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978 [50 U.S.C. § 1801]) or a person who is not a
United
States
person (as defined in such section 101) and is an official of a foreign power; or
(B) is an agent of a foreign power and is engaging or has engaged
in an act of international terrorism (as that term is defined in section 101(c)
of the Foreign Intelligence Surveillance Act of 1978 [50 U.S.C. § 1801(c)]) or clandestine
intelligence activities that involve or may involve a violation of criminal statutes
of the
United States
.
(b) Identifying information. Notwithstanding the provisions of section
604 [§ 1681b] or any other provision of this title, a consumer reporting agency
shall furnish identifying information respecting a consumer, limited to name, address,
former addresses, places of employment, or former places of employment, to the Federal
Bureau of Investigation when presented with a written request, signed by the Director
or the Director's designee, which certifies compliance with this subsection. The
Director or the Director's designee may make such a certification only if the Director
or the Director's designee has determined in writing that
(1) such information is necessary to the conduct of an authorized
counterintelligence investigation; and
(2) there is information giving reason to believe that the consumer
has been, or is about to be, in contact with a foreign power or an agent of a foreign
power (as defined in section 101 of the Foreign Intelligence Surveillance Act of
1978 [50 U.S.C. § 1801]).
(c) Court order for disclosure of consumer reports. Notwithstanding
section 604 [§ 1681b] or any other provision of this title, if requested in writing
by the Director of the Federal Bureau of Investigation, or a designee of the Director,
a court may issue an order ex parte directing a consumer reporting agency to furnish
a consumer report to the Federal Bureau of Investigation, upon a showing in camera
that
(1) the consumer report is necessary for the conduct of an authorized
foreign counterintelligence investigation; and
(2) there are specific and articulable facts giving reason to believe
that the consumer whose consumer report is sought
(A) is an agent of a foreign power, and
(B) is engaging or has engaged in an act of international terrorism
(as that term is defined in section 101(c) of the Foreign Intelligence Surveillance
Act of 1978 [50 U.S.C. § 1801(c)]) or clandestine intelligence activities that involve
or may involve a violation of criminal statutes of the
United
States
.
The terms of an order issued under this subsection shall not disclose
that the order is issued for purposes of a counterintelligence investigation.
(d) Confidentiality. No consumer reporting agency or officer, employee,
or agent of a consumer reporting agency shall disclose to any person, other than
those officers, employees, or agents of a consumer reporting agency necessary to
fulfill the requirement to disclose information to the Federal Bureau of Investigation
under this section, that the Federal Bureau of Investigation has sought or obtained
the identity of financial institutions or a consumer report respecting any consumer
under subsection (a), (b), or (c), and no consumer reporting agency or officer,
employee, or agent of a consumer reporting agency shall include in any consumer
report any information that would indicate that the Federal Bureau of Investigation
has sought or obtained such information or a consumer report.
(e) Payment of fees. The Federal Bureau of Investigation shall, subject
to the availability of appropriations, pay to the consumer reporting agency assembling
or providing report or information in accordance with procedures established under
this section a fee for reimbursement for such costs as are reasonably necessary
and which have been directly incurred in searching, reproducing, or transporting
books, papers, records, or other data required or requested to be produced under
this section.
(f) Limit on dissemination. The Federal Bureau of Investigation may
not disseminate information obtained pursuant to this section outside of the Federal
Bureau of Investigation, except to other Federal agencies as may be necessary for
the approval or conduct of a foreign counterintelligence investigation, or, where
the information concerns a person subject to the Uniform Code of Military Justice,
to appropriate investigative authorities within the military department concerned
as may be necessary for the conduct of a joint foreign counterintelligence investigation.
(g) Rules of construction. Nothing in this section shall be construed
to prohibit information from being furnished by the Federal Bureau of Investigation
pursuant to a subpoena or court order, in connection with a judicial or administrative
proceeding to enforce the provisions of this Act. Nothing in this section shall
be construed to authorize or permit the withholding of information from the Congress.
(h) Reports to Congress. On a semiannual basis, the Attorney General
shall fully inform the Permanent Select Committee on Intelligence and the Committee
on Banking, Finance and Urban Affairs of the House of Representatives, and the Select
Committee on Intelligence and the Committee on Banking, Housing, and Urban Affairs
of the Senate concerning all requests made pursuant to subsections (a), (b), and
(c).
(i) Damages. Any agency or department of the United States obtaining
or disclosing any consumer reports, records, or information contained therein in
violation of this section is liable to the consumer to whom such consumer reports,
records, or information relate in an amount equal to the sum of
(1) $100, without regard to the volume of consumer reports, records,
or information involved;
(2) any actual damages sustained by the consumer as a result of the
disclosure;
(3) if the violation is found to have been willful or intentional,
such punitive damages as a court may allow; and
(4) in the case of any successful action to enforce liability under
this subsection, the costs of the action, together with reasonable attorney fees,
as determined by the court.
(j) Disciplinary actions for violations. If a court determines that
any agency or department of the United States has violated any provision of this
section and the court finds that the circumstances surrounding the violation raise
questions of whether or not an officer or employee of the agency or department acted
willfully or intentionally with respect to the violation, the agency or department
shall promptly initiate a proceeding to determine whether or not disciplinary action
is warranted against the officer or employee who was responsible for the violation.
(k) Good-faith exception. Notwithstanding any other provision of this
title, any consumer reporting agency or agent or employee thereof making disclosure
of consumer reports or identifying information pursuant to this subsection in good-faith
reliance upon a certification of the Federal Bureau of Investigation pursuant to
provisions of this section shall not be liable to any person for such disclosure
under this title, the constitution of any State, or any law or regulation of any
State or any political subdivision of any State.
(l) Limitation of remedies. Notwithstanding any other provision of
this title, the remedies and sanctions set forth in this section shall be the only
judicial remedies and sanctions for violation of this section.
(m) Injunctive relief. In addition to any other remedy contained in
this section, injunctive relief shall be available to require compliance with the
procedures of this section. In the event of any successful action under this subsection,
costs together with reasonable attorney fees, as determined by the court, may be
recovered.
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Legislative History
House Reports: No. 91-975 (Comm. on Banking and Currency) and No.
91-1587 (Comm. of Conference)
Senate Reports: No. 91-1139 accompanying S. 3678 (Comm. on Banking
and Currency)
Congressional Record, Vol. 116 (1970)
May 25, considered and passed House. Sept. 18, considered and passed
Senate, amended. Oct. 9, Senate agreed to conference report. Oct. 13, House agreed
to conference report.
Enactment: Public Law No. 91-508 (October 26, 1970):
Amendments: Public Law Nos. 95-473 (October 17, 1978) 95-598 (November
6, 1978) 98-443 (October 4, 1984) 101-73 (August 9, 1989) 102-242 (December 19,
1991) 102-537 (October 27, 1992) 102-550 (October 28, 1992) 103-325 (September 23,
1994) 104-88 (December 29, 1995) 104-93 (January 6, 1996) 104-193 (August 22, 1996)
104-208 (September 30, 1996) 105-107 (November 20, 1997) 105-347 (November 2, 1998)
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1. The reporting periods have been lengthened for certain adverse
information pertaining to U.S. Government insured or guaranteed student loans, or
pertaining to national direct student loans. See sections 430A(f) and 463(c)(3)
of the Higher Education Act of 1965, 20 U.S.C. 1080a(f) and 20 U.S.C. 1087cc(c)(3),
respectively.
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