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Click here for a FREE online credit evaluation! The Fair Credit
Reporting Act
This title may be cited as the Fair Credit Reporting Act.
602. Congressional findings and statement of purpose [15 U.S.C. § 1681]
(a) Accuracy and fairness of credit reporting. The Congress makes the
following findings:
(1) The banking system is dependent upon fair and accurate credit
reporting. Inaccurate credit reports directly impair the efficiency of the
banking system, and unfair credit reporting methods undermine the public
confidence which is essential to the continued functioning of the banking
system.
(2) An elaborate mechanism has been developed for investigating and
evaluating the credit worthiness, credit standing, credit capacity,
character, and general reputation of consumers.
(3) Consumer reporting agencies have assumed a vital role in assembling
and evaluating consumer credit and other information on consumers.
(4) There is a need to insure that consumer reporting agencies exercise
their grave responsibilities with fairness, impartiality, and a respect
for the consumer's right to privacy.
(b) Reasonable procedures. It is the purpose of this title to require that
consumer reporting agencies adopt reasonable procedures for meeting the
needs of commerce for consumer credit, personnel, insurance, and other
information in a manner which is fair and equitable to the consumer, with
regard to the confidentiality, accuracy, relevancy, and proper utilization
of such information in accordance with the requirements of this title.
603. Definitions; rules of construction [15 U.S.C. § 1681a]
(a) Definitions and rules of construction set forth in this section are
applicable for the purposes of this title.
(b) The term "person" means any individual, partnership, corporation,
trust, estate, cooperative, association, government or governmental
subdivision or agency, or other entity.
(c) The term "consumer" means an individual.
(d) Consumer report.
(1) In general. The term "consumer report" means any written, oral, or
other communication of any information by a consumer reporting agency
bearing on a consumer's credit worthiness, credit standing, credit
capacity, character, general reputation, personal characteristics, or mode
of living which is used or expected to be used or collected in whole or in
part for the purpose of serving as a factor in establishing the consumer's
eligibility for
(A) credit or insurance to be used primarily for personal, family, or
household purposes;
(B) employment purposes; or
(C) any other purpose authorized under section 604 [§ 1681b].
(2) Exclusions. The term "consumer report" does not include
(A) any
(i) report containing information solely as to transactions or experiences
between the consumer and the person making the report;
(ii) communication of that information among persons related by common
ownership or affiliated by corporate control; or
(iii) communication of other information among persons related by common
ownership or affiliated by corporate control, if it is clearly and
conspicuously disclosed to the consumer that the information may be
communicated among such persons and the consumer is given the opportunity,
before the time that the information is initially communicated, to direct
that such information not be communicated among such persons;
(B) any authorization or approval of a specific extension of credit
directly or indirectly by the issuer of a credit card or similar device;
(C) any report in which a person who has been requested by a third party
to make a specific extension of credit directly or indirectly to a
consumer conveys his or her decision with respect to such request, if the
third party advises the consumer of the name and address of the person to
whom the request was made, and such person makes the disclosures to the
consumer required under section 615 [§ 1681m]; or
(D) a communication described in subsection (o).
(e) The term "investigative consumer report" means a consumer report or
portion thereof in which information on a consumer's character, general
reputation, personal characteristics, or mode of living is obtained
through personal interviews with neighbors, friends, or associates of the
consumer reported on or with others with whom he is acquainted or who may
have knowledge concerning any such items of information. However, such
information shall not include specific factual information on a consumer's
credit record obtained directly from a creditor of the consumer or from a
consumer reporting agency when such information was obtained directly from
a creditor of the consumer or from the consumer.
(f) The term "consumer reporting agency" means any person which, for
monetary fees, dues, or on a cooperative nonprofit basis, regularly
engages in whole or in part in the practice of assembling or evaluating
consumer credit information or other information on consumers for the
purpose of furnishing consumer reports to third parties, and which uses
any means or facility of interstate commerce for the purpose of preparing
or furnishing consumer reports.
(g) The term "file," when used in connection with information on any
consumer, means all of the information on that consumer recorded and
retained by a consumer reporting agency regardless of how the information
is stored.
(h) The term "employment purposes" when used in connection with a consumer
report means a report used for the purpose of evaluating a consumer for
employment, promotion, reassignment or retention as an employee.
(i) The term "medical information" means information or records obtained,
with the consent of the individual to whom it relates, from licensed
physicians or medical practitioners, hospitals, clinics, or other medical
or medically related facilities.
(j) Definitions relating to child support obligations.
(1) Overdue support. The term "overdue support" has the meaning given to
such term in section 666(e) of title 42 [Social Security Act, 42 U.S.C. §
666(e)].
(2) State or local child support enforcement agency. The term "State or
local child support enforcement agency" means a State or local agency
which administers a State or local program for establishing and enforcing
child support obligations.
(k) Adverse action.
(1) Actions included. The term "adverse action"
(A) has the same meaning as in section 701(d)(6) of the Equal Credit
Opportunity Act; and
(B) means
(i) a denial or cancellation of, an increase in any charge for, or a
reduction or other adverse or unfavorable change in the terms of coverage
or amount of, any insurance, existing or applied for, in connection with
the underwriting of insurance;
(ii) a denial of employment or any other decision for employment purposes
that adversely affects any current or prospective employee;
(iii) a denial or cancellation of, an increase in any charge for, or any
other adverse or unfavorable change in the terms of, any license or
benefit described in section 604(a)(3)(D) [§ 1681b]; and
(iv) an action taken or determination that is
(I) made in connection with an application that was made by, or a
transaction that was initiated by, any consumer, or in connection with a
review of an account under section 604(a)(3)(F)(ii)[§ 1681b]; and
(II) adverse to the interests of the consumer.
(2) Applicable findings, decisions, commentary, and orders. For purposes
of any determination of whether an action is an adverse action under
paragraph (1)(A), all appropriate final findings, decisions, commentary,
and orders issued under section 701(d)(6) of the Equal Credit Opportunity
Act by the Board of Governors of the Federal Reserve System or any court
shall apply.
(l) Firm offer of credit or insurance. The term "firm offer of credit or
insurance" means any offer of credit or insurance to a consumer that will
be honored if the consumer is determined, based on information in a
consumer report on the consumer, to meet the specific criteria used to
select the consumer for the offer, except that the offer may be further
conditioned on one or more of the following:
(1) The consumer being determined, based on information in the consumer's
application for the credit or insurance, to meet specific criteria bearing
on credit worthiness or insurability, as applicable, that are established
(A) before selection of the consumer for the offer; and
(B) for the purpose of determining whether to extend credit or insurance
pursuant to the offer.
(2) Verification
(A) that the consumer continues to meet the specific criteria used to
select the consumer for the offer, by using information in a consumer
report on the consumer, information in the consumer's application for the
credit or insurance, or other information bearing on the credit worthiness
or insurability of the consumer; or
(B) of the information in the consumer's application for the credit or
insurance, to determine that the consumer meets the specific criteria
bearing on credit worthiness or insurability.
(3) The consumer furnishing any collateral that is a requirement for the
extension of the credit or insurance that was
(A) established before selection of the consumer for the offer of credit
or insurance; and
(B) disclosed to the consumer in the offer of credit or insurance.
(m) Credit or insurance transaction that is not initiated by the consumer.
The term "credit or insurance transaction that is not initiated by the
consumer" does not include the use of a consumer report by a person with
which the consumer has an account or insurance policy, for purposes of
(1) reviewing the account or insurance policy; or
(2) collecting the account.
(n) State. The term "State" means any State, the Commonwealth of Puerto
Rico, the District of Columbia, and any territory or possession of the
United States.
(o) Excluded communications. A communication is described in this
subsection if it is a communication
(1) that, but for subsection (d)(2)(D), would be an investigative consumer
report;
(2) that is made to a prospective employer for the purpose of
(A) procuring an employee for the employer; or
(B) procuring an opportunity for a natural person to work for the
employer;
(3) that is made by a person who regularly performs such procurement;
(4) that is not used by any person for any purpose other than a purpose
described in subparagraph (A) or (B) of paragraph (2); and
(5) with respect to which
(A) the consumer who is the subject of the communication
(i) consents orally or in writing to the nature and scope of the
communication, before the collection of any information for the purpose of
making the communication;
(ii) consents orally or in writing to the making of the communication to a
prospective employer, before the making of the communication; and
(iii) in the case of consent under clause (i) or (ii) given orally, is
provided written confirmation of that consent by the person making the
communication, not later than 3 business days after the receipt of the
consent by that person;
(B) the person who makes the communication does not, for the purpose of
making the communication, make any inquiry that if made by a prospective
employer of the consumer who is the subject of the communication would
violate any applicable Federal or State equal employment opportunity law
or regulation; and
(C) the person who makes the communication
(i) discloses in writing to the consumer who is the subject of the
communication, not later than 5 business days after receiving any request
from the consumer for such disclosure, the nature and substance of all
information in the consumer's file at the time of the request, except that
the sources of any information that is acquired solely for use in making
the communication and is actually used for no other purpose, need not be
disclosed other than under appropriate discovery procedures in any court
of competent jurisdiction in which an action is brought; and
(ii) notifies the consumer who is the subject of the communication, in
writing, of the consumer's right to request the information described in
clause (i).
(p) Consumer reporting agency that compiles and maintains files on
consumers on a nationwide basis. The term "consumer reporting agency that
compiles and maintains files on consumers on a nationwide basis" means a
consumer reporting agency that regularly engages in the practice of
assembling or evaluating, and maintaining, for the purpose of furnishing
consumer reports to third parties bearing on a consumer's credit
worthiness, credit standing, or credit capacity, each of the following
regarding consumers residing nationwide:
(1) Public record information.
(2) Credit account information from persons who furnish that information
regularly and in the ordinary course of business.
§ 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b]
(a) In general. Subject to subsection (c), any consumer reporting agency
may furnish a consumer report under the following circumstances and no
other:
(1) In response to the order of a court having jurisdiction to issue such
an order, or a subpoena issued in connection with proceedings before a
Federal grand jury.
(2) In accordance with the written instructions of the consumer to whom it
relates.
(3) To a person which it has reason to believe
(A) intends to use the information in connection with a credit transaction
involving the consumer on whom the information is to be furnished and
involving the extension of credit to, or review or collection of an
account of, the consumer; or
(B) intends to use the information for employment purposes; or
(C) intends to use the information in connection with the underwriting of
insurance involving the consumer; or
(D) intends to use the information in connection with a determination of
the consumer's eligibility for a license or other benefit granted by a
governmental instrumentality required by law to consider an applicant's
financial responsibility or status; or
(E) intends to use the information, as a potential investor or servicer,
or current insurer, in connection with a valuation of, or an assessment of
the credit or prepayment risks associated with, an existing credit
obligation; or
(F) otherwise has a legitimate business need for the information
(i) in connection with a business transaction that is initiated by the
consumer; or
(ii) to review an account to determine whether the consumer continues to
meet the terms of the account.
(4) In response to a request by the head of a State or local child support
enforcement agency (or a State or local government official authorized by
the head of such an agency), if the person making the request certifies to
the consumer reporting agency that
(A) the consumer report is needed for the purpose of establishing an
individual's capacity to make child support payments or determining the
appropriate level of such payments;
(B) the paternity of the consumer for the child to which the obligation
relates has been established or acknowledged by the consumer in accordance
with State laws under which the obligation arises (if required by those
laws);
(C) the person has provided at least 10 days' prior notice to the consumer
whose report is requested, by certified or registered mail to the last
known address of the consumer, that the report will be requested; and
(D) the consumer report will be kept confidential, will be used solely for
a purpose described in subparagraph (A), and will not be used in
connection with any other civil, administrative, or criminal proceeding,
or for any other purpose.
(5) To an agency administering a State plan under Section 454 of the
Social Security Act (42 U.S.C. § 654) for use to set an initial or
modified child support award.
(b) Conditions for furnishing and using consumer reports for employment
purposes.
(1) Certification from user. A consumer reporting agency may furnish a
consumer report for employment purposes only if
(A) the person who obtains such report from the agency certifies to the
agency that
(i) the person has complied with paragraph (2) with respect to the
consumer report, and the person will comply with paragraph (3) with
respect to the consumer report if paragraph (3) becomes applicable; and
(ii) information from the consumer report will not be used in violation of
any applicable Federal or State equal employment opportunity law or
regulation; and
(B) the consumer reporting agency provides with the report, or has
previously provided, a summary of the consumer's rights under this title,
as prescribed by the Federal Trade Commission under section 609(c)(3) [§
1681g].
(2) Disclosure to consumer.
(A) In general. Except as provided in subparagraph (B), a person may not
procure a consumer report, or cause a consumer report to be procured, for
employment purposes with respect to any consumer, unless--
(i) a clear and conspicuous disclosure has been made in writing to the
consumer at any time before the report is procured or caused to be
procured, in a document that consists solely of the disclosure, that a
consumer report may be obtained for employment purposes; and
(ii) the consumer has authorized in writing (which authorization may be
made on the document referred to in clause (i)) the procurement of the
report by that person.
(B) Application by mail, telephone, computer, or other similar means. If a
consumer described in subparagraph (C) applies for employment by mail,
telephone, computer, or other similar means, at any time before a consumer
report is procured or caused to be procured in connection with that
application--
(i) the person who procures the consumer report on the consumer for
employment purposes shall provide to the consumer, by oral, written, or
electronic means, notice that a consumer report may be obtained for
employment purposes, and a summary of the consumer's rights under section
615(a)(3); and
(ii) the consumer shall have consented, orally, in writing, or
electronically to the procurement of the report by that person.
(C) Scope. Subparagraph (B) shall apply to a person procuring a consumer
report on a consumer in connection with the consumer's application for
employment only if--
(i) the consumer is applying for a position over which the Secretary of
Transportation has the power to establish qualifications and maximum hours
of service pursuant to the provisions of section 31502 of title 49, or a
position subject to safety regulation by a State transportation agency;
and
(ii) as of the time at which the person procures the report or causes the
report to be procured the only interaction between the consumer and the
person in connection with that employment application has been by mail,
telephone, computer, or other similar means.
(3) Conditions on use for adverse actions.
(A) In general. Except as provided in subparagraph (B), in using a
consumer report for employment purposes, before taking any adverse action
based in whole or in part on the report, the person intending to take such
adverse action shall provide to the consumer to whom the report relates--
(i) a copy of the report; and
(ii) a description in writing of the rights of the consumer under this
title, as prescribed by the Federal Trade Commission under section
609(c)(3).
(B) Application by mail, telephone, computer, or other similar means.
(i) If a consumer described in subparagraph (C) applies for employment by
mail, telephone, computer, or other similar means, and if a person who has
procured a consumer report on the consumer for employment purposes takes
adverse action on the employment application based in whole or in part on
the report, then the person must provide to the consumer to whom the
report relates, in lieu of the notices required under subparagraph (A) of
this section and under section 615(a), within 3 business days of taking
such action, an oral, written or electronic notification--
(I) that adverse action has been taken based in whole or in part on a
consumer report received from a consumer reporting agency;
(II) of the name, address and telephone number of the consumer reporting
agency that furnished the consumer report (including a toll-free telephone
number established by the agency if the agency compiles and maintains
files on consumers on a nationwide basis);
(III) that the consumer reporting agency did not make the decision to take
the adverse action and is unable to provide to the consumer the specific
reasons why the adverse action was taken; and
(IV) that the consumer may, upon providing proper identification, request
a free copy of a report and may dispute with the consumer reporting agency
the accuracy or completeness of any information in a report.
(ii) If, under clause (B)(i)(IV), the consumer requests a copy of a
consumer report from the person who procured the report, then, within 3
business days of receiving the consumer's request, together with proper
identification, the person must send or provide to the consumer a copy of
a report and a copy of the consumer's rights as prescribed by the Federal
Trade Commission under section 609(c)(3).
(C) Scope. Subparagraph (B) shall apply to a person procuring a consumer
report on a consumer in connection with the consumer's application for
employment only if--
(i) the consumer is applying for a position over which the Secretary of
Transportation has the power to establish qualifications and maximum hours
of service pursuant to the provisions of section 31502 of title 49, or a
position subject to safety regulation by a State transportation agency;
and
(ii) as of the time at which the person procures the report or causes the
report to be procured the only interaction between the consumer and the
person in connection with that employment application has been by mail,
telephone, computer, or other similar means.
(4) Exception for national security investigations.
(A) In general. In the case of an agency or department of the United
States Government which seeks to obtain and use a consumer report for
employment purposes, paragraph (3) shall not apply to any adverse action
by such agency or department which is based in part on such consumer
report, if the head of such agency or department makes a written finding
that--
(i) the consumer report is relevant to a national security investigation
of such agency or department;
(ii) the investigation is within the jurisdiction of such agency or
department;
(iii) there is reason to believe that compliance with paragraph (3) will--
(I) endanger the life or physical safety of any person;
(II) result in flight from prosecution;
(III) result in the destruction of, or tampering with, evidence relevant
to the investigation;
(IV) result in the intimidation of a potential witness relevant to the
investigation;
(V) result in the compromise of classified information; or
(VI) otherwise seriously jeopardize or unduly delay the investigation or
another official proceeding.
(B) Notification of consumer upon conclusion of investigation. Upon the
conclusion of a national security investigation described in subparagraph
(A), or upon the determination that the exception under subparagraph (A)
is no longer required for the reasons set forth in such subparagraph, the
official exercising the authority in such subparagraph shall provide to
the consumer who is the subject of the consumer report with regard to
which such finding was made--
(i) a copy of such consumer report with any classified information
redacted as necessary;
(ii) notice of any adverse action which is based, in part, on the consumer
report; and
(iii) the identification with reasonable specificity of the nature of the
investigation for which the consumer report was sought.
(C) Delegation by head of agency or department. For purposes of
subparagraphs (A) and (B), the head of any agency or department of the
United States Government may delegate his or her authorities under this
paragraph to an official of such agency or department who has personnel
security responsibilities and is a member of the Senior Executive Service
or equivalent civilian or military rank.
(D) Report to the congress. Not later than January 31 of each year, the
head of each agency and department of the United States Government that
exercised authority under this paragraph during the preceding year shall
submit a report to the Congress on the number of times the department or
agency exercised such authority during the year.
(E) Definitions. For purposes of this paragraph, the following definitions
shall apply:
(i) Classified information. The term `classified information' means
information that is protected from unauthorized disclosure under Executive
Order No. 12958 or successor orders.
(ii) National security investigation. The term `national security
investigation' means any official inquiry by an agency or department of
the United States Government to determine the eligibility of a consumer to
receive access or continued access to classified information or to
determine whether classified information has been lost or compromised.
(c) Furnishing reports in connection with credit or insurance transactions
that are not initiated by the consumer.
(1) In general. A consumer reporting agency may furnish a consumer report
relating to any consumer pursuant to subparagraph (A) or (C) of subsection
(a)(3) in connection with any credit or insurance transaction that is not
initiated by the consumer only if
(A) the consumer authorizes the agency to provide such report to such
person; or
(B) (i) the transaction consists of a firm offer of credit or insurance;
(ii) the consumer reporting agency has complied with subsection (e); and
(iii) there is not in effect an election by the consumer, made in
accordance with subsection (e), to have the consumer's name and address
excluded from lists of names provided by the agency pursuant to this
paragraph.
(2) Limits on information received under paragraph (1)(B). A person may
receive pursuant to paragraph (1)(B) only
(A) the name and address of a consumer;
(B) an identifier that is not unique to the consumer and that is used by
the person solely for the purpose of verifying the identity of the
consumer; and
(C) other information pertaining to a consumer that does not identify the
relationship or experience of the consumer with respect to a particular
creditor or other entity.
(3) Information regarding inquiries. Except as provided in section
609(a)(5) [§ 1681g], a consumer reporting agency shall not furnish to any
person a record of inquiries in connection with a credit or insurance
transaction that is not initiated by a consumer.
(d) Reserved.
(e) Election of consumer to be excluded from lists.
(1) In general. A consumer may elect to have the consumer's name and
address excluded from any list provided by a consumer reporting agency
under subsection (c)(1)(B) in connection with a credit or insurance
transaction that is not initiated by the consumer, by notifying the agency
in accordance with paragraph (2) that the consumer does not consent to any
use of a consumer report relating to the consumer in connection with any
credit or insurance transaction that is not initiated by the consumer.
(2) Manner of notification. A consumer shall notify a consumer reporting
agency under paragraph (1)
(A) through the notification system maintained by the agency under
paragraph (5); or
(B) by submitting to the agency a signed notice of election form issued by
the agency for purposes of this subparagraph.
(3) Response of agency after notification through system. Upon receipt of
notification of the election of a consumer under paragraph (1) through the
notification system maintained by the agency under paragraph (5), a
consumer reporting agency shall
(A) inform the consumer that the election is effective only for the 2-year
period following the election if the consumer does not submit to the
agency a signed notice of election form issued by the agency for purposes
of paragraph (2)(B); and
(B) provide to the consumer a notice of election form, if requested by the
consumer, not later than 5 business days after receipt of the notification
of the election through the system established under paragraph (5), in the
case of a request made at the time the consumer provides notification
through the system.
(4) Effectiveness of election. An election of a consumer under paragraph
(1)
(A) shall be effective with respect to a consumer reporting agency
beginning 5 business days after the date on which the consumer notifies
the agency in accordance with paragraph (2);
(B) shall be effective with respect to a consumer reporting agency
(i) subject to subparagraph (C), during the 2-year period beginning 5
business days after the date on which the consumer notifies the agency of
the election, in the case of an election for which a consumer notifies the
agency only in accordance with paragraph (2)(A); or
(ii) until the consumer notifies the agency under subparagraph (C), in the
case of an election for which a consumer notifies the agency in accordance
with paragraph (2)(B);
(C) shall not be effective after the date on which the consumer notifies
the agency, through the notification system established by the agency
under paragraph (5), that the election is no longer effective; and
(D) shall be effective with respect to each affiliate of the agency.
(5) Notification system.
(A) In general. Each consumer reporting agency that, under subsection
(c)(1)(B), furnishes a consumer report in connection with a credit or
insurance transaction that is not initiated by a consumer, shall
(i) establish and maintain a notification system, including a toll-free
telephone number, which permits any consumer whose consumer report is
maintained by the agency to notify the agency, with appropriate
identification, of the consumer's election to have the consumer's name and
address excluded from any such list of names and addresses provided by the
agency for such a transaction; and
(ii) publish by not later than 365 days after the date of enactment of the
Consumer Credit Reporting Reform Act of 1996, and not less than annually
thereafter, in a publication of general circulation in the area served by
the agency
(I) a notification that information in consumer files maintained by the
agency may be used in connection with such transactions; and
(II) the address and toll-free telephone number for consumers to use to
notify the agency of the consumer's election under clause (I).
(B) Establishment and maintenance as compliance. Establishment and
maintenance of a notification system (including a toll-free telephone
number) and publication by a consumer reporting agency on the agency's own
behalf and on behalf of any of its affiliates in accordance with this
paragraph is deemed to be compliance with this paragraph by each of those
affiliates.
(6) Notification system by agencies that operate nationwide. Each consumer
reporting agency that compiles and maintains files on consumers on a
nationwide basis shall establish and maintain a notification system for
purposes of paragraph (5) jointly with other such consumer reporting
agencies.
(f) Certain use or obtaining of information prohibited. A person shall not
use or obtain a consumer report for any purpose unless
(1) the consumer report is obtained for a purpose for which the consumer
report is authorized to be furnished under this section; and
(2) the purpose is certified in accordance with section 607 [§ 1681e] by a
prospective user of the report through a general or specific
certification.
(g) Furnishing reports containing medical information. A consumer
reporting agency shall not furnish for employment purposes, or in
connection with a credit or insurance transaction, a consumer report that
contains medical information about a consumer, unless the consumer
consents to the furnishing of the report.
605. Requirements relating to information contained in consumer reports
[15 U.S.C. § 1681c]
(a) Information excluded from consumer reports. Except as authorized under
subsection (b) of this section, no consumer reporting agency may make any
consumer report containing any of the following items of information:
(1) Cases under title 11 [United States Code] or under the Bankruptcy Act
that, from the date of entry of the order for relief or the date of
adjudication, as the case may be, antedate the report by more than 10
years.
(2) Civil suits, civil judgments, and records of arrest that from date of
entry, antedate the report by more than seven years or until the governing
statute of limitations has expired, whichever is the longer period.
(3) Paid tax liens which, from date of payment, antedate the report by
more than seven years.
(4) Accounts placed for collection or charged to profit and loss which
antedate the report by more than seven years.(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)(2)
of subsection (a) shall begin, with respect to any delinquent account that
is placed for collection (internally or by referral to a third party,
whichever is earlier), charged to profit and loss, or subjected to any
similar action, upon the expiration of the 180-day period beginning on the
date of the commencement of the delinquency which immediately preceded the
collection activity, charge to profit and loss, or similar action.
(2) Effective date. Paragraph (1) shall apply only to items of information
added to the file of a consumer on or after the date that is 455 days
after the date of enactment of the Consumer Credit Reporting Reform Act of
1996.
(d) Information required to be disclosed. Any consumer reporting agency
that furnishes a consumer report that contains information regarding any
case involving the consumer that arises under title 11, United States
Code, shall include in the report an identification of the chapter of such
title 11 under which such case arises if provided by the source of the
information. If any case arising or filed under title 11, United States
Code, is withdrawn by the consumer before a final judgment, the consumer
reporting agency shall include in the report that such case or filing was
withdrawn upon receipt of documentation certifying such withdrawal.
(e) Indication of closure of account by consumer. If a consumer reporting
agency is notified pursuant to section 623(a)(4) [§ 1681s-2] that a credit
account of a consumer was voluntarily closed by the consumer, the agency
shall indicate that fact in any consumer report that includes information
related to the account.
(f) Indication of dispute by consumer. If a consumer reporting agency is
notified pursuant to section 623(a)(3) [§ 1681s-2] that information
regarding a consumer who was furnished to the agency is disputed by the
consumer, the agency shall indicate that fact in each consumer report that
includes the disputed information.
606. Disclosure of investigative consumer reports [15 U.S.C. § 1681d]
(a) Disclosure of fact of preparation. A person may not procure or cause
to be prepared an investigative consumer report on any consumer unless
(1) it is clearly and accurately disclosed to the consumer that an
investigative consumer report including information as to his character,
general reputation, personal characteristics and mode of living, whichever
are applicable, may be made, and such disclosure
(A) is made in a writing mailed, or otherwise delivered, to the consumer,
not later than three days after the date on which the report was first
requested, and
(B) includes a statement informing the consumer of his right to request
the additional disclosures provided for under subsection (b) of this
section and the written summary of the rights of the consumer prepared
pursuant to section 609(c) [§ 1681g]; and
(2) the person certifies or has certified to the consumer reporting agency
that
(A) the person has made the disclosures to the consumer required by
paragraph (1); and
(B) the person will comply with subsection (b).
(b) Disclosure on request of nature and scope of investigation. Any person
who procures or causes to be prepared an investigative consumer report on
any consumer shall, upon written request made by the consumer within a
reasonable period of time after the receipt by him of the disclosure
required by subsection (a)(1) of this section, make a complete and
accurate disclosure of the nature and scope of the investigation
requested. This disclosure shall be made in a writing mailed, or otherwise
delivered, to the consumer not later than five days after the date on
which the request for such disclosure was received from the consumer or
such report was first requested, whichever is the later.
(c) Limitation on liability upon showing of reasonable procedures for
compliance with provisions. No person may be held liable for any violation
of subsection (a) or (b) of this section if he shows by a preponderance of
the evidence that at the time of the violation he maintained reasonable
procedures to assure compliance with subsection (a) or (b) of this
section.
(d) Prohibitions.
(1) Certification. A consumer reporting agency shall not prepare or
furnish investigative consumer report unless the agency has received a
certification under subsection (a)(2) from the person who requested the
report.
(2) Inquiries. A consumer reporting agency shall not make an inquiry for
the purpose of preparing an investigative consumer report on a consumer
for employment purposes if the making of the inquiry by an employer or
prospective employer of the consumer would violate any applicable Federal
or State equal employment opportunity law or regulation.
(3) Certain public record information. Except as otherwise provided in
section 613 [§ 1681k], a consumer reporting agency shall not furnish an
investigative consumer report that includes information that is a matter
of public record and that relates to an arrest, indictment, conviction,
civil judicial action, tax lien, or outstanding judgment, unless the
agency has verified the accuracy of the information during the 30-day
period ending on the date on which the report is furnished.
(4) Certain adverse information. A consumer reporting agency shall not
prepare or furnish an investigative consumer report on a consumer that
contains information that is adverse to the interest of the consumer and
that is obtained through a personal interview with a neighbor, friend, or
associate of the consumer or with another person with whom the consumer is
acquainted or who has knowledge of such item of information, unless
(A) the agency has followed reasonable procedures to obtain confirmation
of the information, from an additional source that has independent and
direct knowledge of the information; or
(B) the person interviewed is the best possible source of the information.
607. Compliance procedures [15 U.S.C. § 1681e]
(a) Identity and purposes of credit users. Every consumer reporting agency
shall maintain reasonable procedures designed to avoid violations of
section 605 [§ 1681c] and to limit the furnishing of consumer reports to
the purposes listed under section 604 [§ 1681b] of this title. These
procedures shall require that prospective users of the information
identify themselves, certify the purposes for which the information is
sought, and certify that the information will be used for no other
purpose. Every consumer reporting agency shall make a reasonable effort to
verify the identity of a new prospective user and the uses certified by
such prospective user prior to furnishing such user a consumer report. No
consumer reporting agency may furnish a consumer report to any person if
it has reasonable grounds for believing that the consumer report will not
be used for a purpose listed in section 604 [§ 1681b] of this title.
(b) Accuracy of report. Whenever a consumer reporting agency prepares a
consumer report it shall follow reasonable procedures to assure maximum
possible accuracy of the information concerning the individual about whom
the report relates.
(c) Disclosure of consumer reports by users allowed. A consumer reporting
agency may not prohibit a user of a consumer report furnished by the
agency on a consumer from disclosing the contents of the report to the
consumer, if adverse action against the consumer has been taken by the
user based in whole or in part on the report.
(d) Notice to users and furnishers of information.
(1) Notice requirement. A consumer reporting agency shall provide to any
person
(A) who regularly and in the ordinary course of business furnishes
information to the agency with respect to any consumer; or
(B) to whom a consumer report is provided by the agency;
a notice of such person's responsibilities under this title.
(2) Content of notice. The Federal Trade Commission shall prescribe the
content of notices under paragraph (1), and a consumer reporting agency
shall be in compliance with this subsection if it provides a notice under
paragraph (1) that is substantially similar to the Federal Trade
Commission prescription under this paragraph.
(e) Procurement of consumer report for resale.
(1) Disclosure. A person may not procure a consumer report for purposes of
reselling the report (or any information in the report) unless the person
discloses to the consumer reporting agency that originally furnishes the
report
(A) the identity of the end-user of the report (or information); and
(B) each permissible purpose under section 604 [§ 1681b] for which the
report is furnished to the end-user of the report (or information).
(2) Responsibilities of procurers for resale. A person who procures a
consumer report for purposes of reselling the report (or any information
in the report) shall
(A) establish and comply with reasonable procedures designed to ensure
that the report (or information) is resold by the person only for a
purpose for which the report may be furnished under section 604 [§ 1681b],
including by requiring that each person to which the report (or
information) is resold and that resells or provides the report (or
information) to any other person
(i) identifies each end user of the resold report (or information);
(ii) certifies each purpose for which the report (or information) will be
used; and
(iii) certifies that the report (or information) will be used for no other
purpose; and
(B) before reselling the report, make reasonable efforts to verify the
identifications and certifications made under subparagraph (A).
(3) Resale of consumer report to a federal agency or department.
Notwithstanding paragraph (1) or (2), a person who procures a consumer
report for purposes of reselling the report (or any information in the
report) shall not disclose the identity of the end-user of the report
under paragraph (1) or (2) if--
(A) the end user is an agency or department of the United States
Government which procures the report from the person for purposes of
determining the eligibility of the consumer concerned to receive access or
continued access to classified information (as defined in section
604(b)(4)(E)(i)); and
(B) the agency or department certifies in writing to the person reselling
the report that nondisclosure is necessary to protect classified
information or the safety of persons employed by or contracting with, or
undergoing investigation for work or contracting with the agency or
department.
608. Disclosures to governmental agencies [15 U.S.C. § 1681f]
Notwithstanding the provisions of section 604 [§ 1681b] of this title, a
consumer reporting agency may furnish identifying information respecting
any consumer, limited to his name, address, former addresses, places of
employment, or former places of employment, to a governmental agency.
609. Disclosures to consumers [15 U.S.C. § 1681g]
(a) Information on file; sources; report recipients. Every consumer
reporting agency shall, upon request, and subject to 610(a)(1) [§ 1681h],
clearly and accurately disclose to the consumer:
(1) All information in the consumer's file at the time of the request,
except that nothing in this paragraph shall be construed to require a
consumer reporting agency to disclose to a consumer any information
concerning credit scores or any other risk scores or predictors relating
to the consumer.
(2) The sources of the information; except that the sources of information
acquired solely for use in preparing an investigative consumer report and
actually used for no other purpose need not be disclosed: Provided, That
in the event an action is brought under this title, such sources shall be
available to the plaintiff under appropriate discovery procedures in the
court in which the action is brought.
(3)(A) Identification of each person (including each end-user identified
under section 607(e)(1) [§ 1681e]) that procured a consumer report
(i) for employment purposes, during the 2-year period preceding the date
on which the request is made; or
(ii) for any other purpose, during the 1-year period preceding the date on
which the request is made.
(B) An identification of a person under subparagraph (A) shall include
(i) the name of the person or, if applicable, the trade name (written in
full) under which such person conducts business; and
(ii) upon request of the consumer, the address and telephone number of the
person.
(C) Subparagraph (A) does not apply if--
(i) the end user is an agency or department of the United States
Government that procures the report from the person for purposes of
determining the eligibility of the consumer to whom the report relates to
receive access or continued access to classified information (as defined
in section 604(b)(4)(E)(i)); and
(ii) the head of the agency or department makes a written finding as
prescribed under section 604(b)(4)(A).
(4) The dates, original payees, and amounts of any checks upon which is
based any adverse characterization of the consumer, included in the file
at the time of the disclosure.
(5) A record of all inquiries received by the agency during the 1-year
period preceding the request that identified the consumer in connection
with a credit or insurance transaction that was not initiated by the
consumer.
(b) Exempt information. The requirements of subsection (a) of this section
respecting the disclosure of sources of information and the recipients of
consumer reports do not apply to information received or consumer reports
furnished prior to the effective date of this title except to the extent
that the matter involved is contained in the files of the consumer
reporting agency on that date.
(c) Summary of rights required to be included with disclosure.
(1) Summary of rights. A consumer reporting agency shall provide to a
consumer, with each written disclosure by the agency to the consumer under
this section
(A) a written summary of all of the rights that the consumer has under
this title; and
(B) in the case of a consumer reporting agency that compiles and maintains
files on consumers on a nationwide basis, a toll-free telephone number
established by the agency, at which personnel are accessible to consumers
during normal business hours.
(2) Specific items required to be included. The summary of rights required
under paragraph (1) shall include
(A) a brief description of this title and all rights of consumers under
this title;
(B) an explanation of how the consumer may exercise the rights of the
consumer under this title;
(C) a list of all Federal agencies responsible for enforcing any provision
of this title and the address and any appropriate phone number of each
such agency, in a form that will assist the consumer in selecting the
appropriate agency;
(D) a statement that the consumer may have additional rights under State
law and that the consumer may wish to contact a State or local consumer
protection agency or a State attorney general to learn of those rights;
and
(E) a statement that a consumer reporting agency is not required to remove
accurate derogatory information from a consumer's file, unless the
information is outdated under section 605 [§ 1681c] or cannot be verified.
(3) Form of summary of rights. For purposes of this subsection and any
disclosure by a consumer reporting agency required under this title with
respect to consumers' rights, the Federal Trade Commission (after
consultation with each Federal agency referred to in section 621(b) [§
1681s]) shall prescribe the form and content of any such disclosure of the
rights of consumers required under this title. A consumer reporting agency
shall be in compliance with this subsection if it provides disclosures
under paragraph (1) that are substantially similar to the Federal Trade
Commission prescription under this paragraph.
(4) Effectiveness. No disclosures shall be required under this subsection
until the date on which the Federal Trade Commission prescribes the form
and content of such disclosures under paragraph (3).
§ 610. Conditions and form of disclosure to consumers [15 U.S.C. § 1681h]
(a) In general.
(1) Proper identification. A consumer reporting agency shall require, as a
condition of making the disclosures required under section 609 [§ 1681g],
that the consumer furnish proper identification.
(2) Disclosure in writing. Except as provided in subsection (b), the
disclosures required to be made under section 609 [§ 1681g] shall be
provided under that section in writing.
(b) Other forms of disclosure.
(1) In general. If authorized by a consumer, a consumer reporting agency
may make the disclosures required under 609 [§ 1681g]
(A) other than in writing; and
(B) in such form as may be
(i) specified by the consumer in accordance with paragraph (2); and
(ii) available from the agency.
(2) Form. A consumer may specify pursuant to paragraph (1) that
disclosures under section 609 [§ 1681g] shall be made
(A) in person, upon the appearance of the consumer at the place of
business of the consumer reporting agency where disclosures are regularly
provided, during normal business hours, and on reasonable notice;
(B) by telephone, if the consumer has made a written request for
disclosure by telephone;
(C) by electronic means, if available from the agency; or
(D) by any other reasonable means that is available from the agency.
(c) Trained personnel. Any consumer reporting agency shall provide trained
personnel to explain to the consumer any information furnished to him
pursuant to section 609 [§ 1681g] of this title.
(d) Persons accompanying consumer. The consumer shall be permitted to be
accompanied by one other person of his choosing, who shall furnish
reasonable identification. A consumer reporting agency may require the
consumer to furnish a written statement granting permission to the
consumer reporting agency to discuss the consumer's file in such person's
presence.
(e) Limitation of liability. Except as provided in sections 616 and 617
[§§ 1681n and 1681o] of this title, no consumer may bring any action or
proceeding in the nature of defamation, invasion of privacy, or negligence
with respect to the reporting of information against any consumer
reporting agency, any user of information, or any person who furnishes
information to a consumer reporting agency, based on information disclosed
pursuant to section 609, 610, or 615 [§§ 1681g, 1681h, or 1681m] of this
title or based on information disclosed by a user of a consumer report to
or for a consumer against whom the user has taken adverse action, based in
whole or in part on the report, except as to false information furnished
with malice or willful intent to injure such consumer.
611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]
(a) Reinvestigations of disputed information.
(1) Reinvestigation required.
(A) In general. If the completeness or accuracy of any item of information
contained in a consumer's file at a consumer reporting agency is disputed
by the consumer and the consumer notifies the agency directly of such
dispute, the agency shall reinvestigate free of charge and record the
current status of the disputed information, or delete the item from the
file in accordance with paragraph (5), before the end of the 30-day period
beginning on the date on which the agency receives the notice of the
dispute from the consumer.
(B) Extension of period to reinvestigate. Except as provided in
subparagraph (C), the 30-day period described in subparagraph (A) may be
extended for not more than 15 additional days if the consumer reporting
agency receives information from the consumer during that 30-day period
that is relevant to the reinvestigation.
(C) Limitations on extension of period to reinvestigate. Subparagraph (B)
shall not apply to any reinvestigation in which, during the 30-day period
described in subparagraph (A), the information that is the subject of the
reinvestigation is found to be inaccurate or incomplete or the consumer
reporting agency determines that the information cannot be verified.
(2) Prompt notice of dispute to furnisher of information.
(A) In general. Before the expiration of the 5-business-day period
beginning on the date on which a consumer reporting agency receives notice
of a dispute from any consumer in accordance with paragraph (1), the
agency shall provide notification of the dispute to any person who
provided any item of information in dispute, at the address and in the
manner established with the person. The notice shall include all relevant
information regarding the dispute that the agency has received from the
consumer.
(B) Provision of other information from consumer. The consumer reporting
agency shall promptly provide to the person who provided the information
in dispute all relevant information regarding the dispute that is received
by the agency from the consumer after the period referred to in
subparagraph (A) and before the end of the period referred to in paragraph
(1)(A).
(3) Determination that dispute is frivolous or irrelevant.
(A) In general. Notwithstanding paragraph (1), a consumer reporting agency
may terminate a reinvestigation of information disputed by a consumer
under that paragraph if the agency reasonably determines that the dispute
by the consumer is frivolous or irrelevant, including by reason of a
failure by a consumer to provide sufficient information to investigate the
disputed information.
(B) Notice of determination. Upon making any determination in accordance
with subparagraph (A) that a dispute is frivolous or irrelevant, a
consumer reporting agency shall notify the consumer of such determination
not later than 5 business days after making such determination, by mail
or, if authorized by the consumer for that purpose, by any other means
available to the agency.
(C) Contents of notice. A notice under subparagraph (B) shall include
(i) the reasons for the determination under subparagraph (A); and
(ii) identification of any information required to investigate the
disputed information, which may consist of a standardized form describing
the general nature of such information.
(4) Consideration of consumer information. In conducting any
reinvestigation under paragraph (1) with respect to disputed information
in the file of any consumer, the consumer reporting agency shall review
and consider all relevant information submitted by the consumer in the
period described in paragraph (1)(A) with respect to such disputed
information.
(5) Treatment of inaccurate or unverifiable information.
(A) In general. If, after any reinvestigation under paragraph (1) of any
information disputed by a consumer, an item of the information is found to
be inaccurate or incomplete or cannot be verified, the consumer reporting
agency shall promptly delete that item of information from the consumer's
file or modify that item of information, as appropriate, based on the
results of the reinvestigation.
(B) Requirements relating to reinsertion of previously deleted material.
(i) Certification of accuracy of information. If any information is
deleted from a consumer's file pursuant to subparagraph (A), the
information may not be reinserted in the file by the consumer reporting
agency unless the person who furnishes the information certifies that the
information is complete and accurate.
(ii) Notice to consumer. If any information that has been deleted from a
consumer's file pursuant to subparagraph (A) is reinserted in the file,
the consumer reporting agency shall notify the consumer of the reinsertion
in writing not later than 5 business days after the reinsertion or, if
authorized by the consumer for that purpose, by any other means available
to the agency.
(iii) Additional information. As part of, or in addition to, the notice
under clause (ii), a consumer reporting agency shall provide to a consumer
in writing not later than 5 business days after the date of the
reinsertion
(I) a statement that the disputed information has been reinserted;
(II) the business name and address of any furnisher of information
contacted and the telephone number of such furnisher, if reasonably
available, or of any furnisher of information that contacted the consumer
reporting agency, in connection with the reinsertion of such information;
and
(III) a notice that the consumer has the right to add a statement to the
consumer's file disputing the accuracy or completeness of the disputed
information.
C) Procedures to prevent reappearance. A consumer reporting agency shall
maintain reasonable procedures designed to prevent the reappearance in a
consumer's file, and in consumer reports on the consumer, of information
that is deleted pursuant to this paragraph (other than information that is
reinserted in accordance with subparagraph (B)(i)).
D) Automated reinvestigation system. Any consumer reporting agency that
compiles and maintains files on consumers on a nationwide basis shall
implement an automated system through which furnishers of information to
that consumer reporting agency may report the results of a reinvestigation
that finds incomplete or inaccurate information in a consumer's file to
other such consumer reporting agencies.
(6) Notice of results of reinvestigation.
(A) In general. A consumer reporting agency shall provide written notice
to a consumer of the results of a reinvestigation under this subsection
not later than 5 business days after the completion of the
reinvestigation, by mail or, if authorized by the consumer for that
purpose, by other means available to the agency.
(B) Contents. As part of, or in addition to, the notice under subparagraph
(A), a consumer reporting agency shall provide to a consumer in writing
before the expiration of the 5-day period referred to in subparagraph (A)
(i) a statement that the reinvestigation is completed;
(ii) a consumer report that is based upon the consumer's file as that file
is revised as a result of the reinvestigation;
(iii) a notice that, if requested by the consumer, a description of the
procedure used to determine the accuracy and completeness of the
information shall be provided to the consumer by the agency, including the
business name and address of any furnisher of information contacted in
connection with such information and the telephone number of such
furnisher, if reasonably available;
(iv) a notice that the consumer has the right to add a statement to the
consumer's file disputing the accuracy or completeness of the information;
and
(v) a notice that the consumer has the right to request under subsection
(d) that the consumer reporting agency furnish notifications under that
subsection.
(7) Description of reinvestigation procedure. A consumer reporting agency
shall provide to a consumer a description referred to in paragraph
(6)(B)(iii) by not later than 15 days after receiving a request from the
consumer for that description.
(8) Expedited dispute resolution. If a dispute regarding an item of
information in a consumer's file at a consumer reporting agency is
resolved in accordance with paragraph (5)(A) by the deletion of the
disputed information by not later than 3 business days after the date on
which the agency receives notice of the dispute from the consumer in
accordance with paragraph (1)(A), then the agency shall not be required to
comply with paragraphs (2), (6), and (7) with respect to that dispute if
the agency
(A) provides prompt notice of the deletion to the consumer by telephone;
(B) includes in that notice, or in a written notice that accompanies a
confirmation and consumer report provided in accordance with subparagraph
(C), a statement of the consumer's right to request under subsection (d)
that the agency furnish notifications under that subsection; and
(C) provides written confirmation of the deletion and a copy of a consumer
report on the consumer that is based on the consumer's file after the
deletion, not later than 5 business days after making the deletion.
(b) Statement of dispute. If the reinvestigation does not resolve the
dispute, the consumer may file a brief statement setting forth the nature
of the dispute. The consumer reporting agency may limit such statements to
not more than one hundred words if it provides the consumer with
assistance in writing a clear summary of the dispute.
(c) Notification of consumer dispute in subsequent consumer reports.
Whenever a statement of a dispute is filed, unless there is reasonable
grounds to believe that it is frivolous or irrelevant, the consumer
reporting agency shall, in any subsequent consumer report containing the
information in question, clearly note that it is disputed by the consumer
and provide either the consumer's statement or a clear and accurate
codification or summary thereof.
(d) Notification of deletion of disputed information. Following any
deletion of information which is found to be inaccurate or whose accuracy
can no longer be verified or any notation as to disputed information, the
consumer reporting agency shall, at the request of the consumer, furnish
notification that the item has been deleted or the statement, codification
or summary pursuant to subsection (b) or (c) of this section to any person
specifically designated by the consumer who has within two years prior
thereto received a consumer report for employment purposes, or within six
months prior thereto received a consumer report for any other purpose,
which contained the deleted or disputed information.
612. Charges for certain disclosures [15 U.S.C. § 1681j]
(a) Reasonable charges allowed for certain disclosures.
(1) In general. Except as provided in subsections (b), (c), and (d), a
consumer reporting agency may impose a reasonable charge on a consumer
(A) for making a disclosure to the consumer pursuant to section 609 [§
1681g], which charge
(i) shall not exceed $8;(3) 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.
(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.
(e) Regulatory authority
(1) The Federal banking agencies referred to in paragraphs (1) and (2) of
subsection (b) shall jointly prescribe such regulations as necessary to
carry out the purposes of this Act with respect to any persons identified
under paragraphs (1) and (2) of subsection (b), and the Board of Governors
of the Federal Reserve System shall have authority to prescribe
regulations consistent with such joint regulations with respect to bank
holding companies and affiliates (other than depository institutions and
consumer reporting agencies) of such holding companies.
(2) The Board of the National Credit Union Administration shall prescribe
such regulations as necessary to carry out the purposes of this Act with
respect to any persons identified under paragraph (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 in a position
not lower than Deputy Assistant Director at Bureau headquarters or a
Special Agent in Charge of a Bureau field office designated by the
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