Page 1361 TITLE 15—COMMERCE AND TRADE § 1681 (1) the

Page 1361 TITLE 15—COMMERCE AND TRADE § 1681

(1) the end of the 5-year period beginning on

the date of the occurrence of the violation in-

volved; or

(2) in any case in which any credit repair or-

ganization has materially and willfully mis-

represented any information which—

(A) the credit repair organization is re-

quired, by any provision of this subchapter,

to disclose to any consumer; and

(B) is material to the establishment of the

credit repair organization’s liability to the

consumer under this subchapter,

the end of the 5-year period beginning on the

date of the discovery by the consumer of the

misrepresentation.

(Pub. L. 90–321, title IV, § 411, as added Pub. L.

104–208, div. A, title II, § 2451, Sept. 30, 1996, 110

Stat. 3009–461.)

§ 1679j. Relation to State law

This subchapter shall not annul, alter, affect,

or exempt any person subject to the provisions

of this subchapter from complying with any law

of any State except to the extent that such law

is inconsistent with any provision of this sub-

chapter, and then only to the extent of the in-

consistency.

(Pub. L. 90–321, title IV, § 412, as added Pub. L.

104–208, div. A, title II, § 2451, Sept. 30, 1996, 110

Stat. 3009–462.)

SUBCHAPTER III—CREDIT REPORTING

AGENCIES

§ 1681. Congressional findings and statement of

purpose

(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 devel-

oped 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 con-

sumer credit and other information on consum-

ers.

(4) There is a need to insure that consumer re-

porting agencies exercise their grave respon-

sibilities with fairness, impartiality, and a re-

spect for the consumer’s right to privacy.

(b) Reasonable procedures

It is the purpose of this subchapter to require

that consumer reporting agencies adopt reason-

able procedures for meeting the needs of com-

merce 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 accord-

ance with the requirements of this subchapter.

(Pub. L. 90–321, title VI, § 602, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1128.)

FFECTIVE

ATE OF

2003 A

MENDMENT

Pub. L. 108–159, § 3, Dec. 4, 2003, 117 Stat. 1953, provided

that: ‘‘Except as otherwise specifically provided in this

Act [see Short Title of 2003 Amendment note set out

under section 1601 of this title] and the amendments

made by this Act—

‘‘(1) before the end of the 2-month period beginning

on the date of enactment of this Act [Dec. 4, 2003], the

Board and the Commission shall jointly prescribe

regulations in final form establishing effective dates

for each provision of this Act; and

‘‘(2) the regulations prescribed under paragraph (1)

shall establish effective dates that are as early as

possible, while allowing a reasonable time for the im-

plementation of the provisions of this Act, but in no

case shall any such effective date be later than 10

months after the date of issuance of such regulations

in final form.’’

[For final rules adopted by Board of Governors of the

Federal Reserve System and Federal Trade Commission

establishing effective dates for provisions of Pub. L.

108–159, see 68 F.R. 74467 (joint interim final rules) and

69 F.R. 6526 (joint final rules).]

FFECTIVE

ATE

Section 504(d) of Pub. L. 90–321, as added by Pub. L.

91–508, title VI, § 602, Oct. 26, 1970, 84 Stat. 1136, provided

that: ‘‘Title VI [enacting this subchapter] takes effect

upon the expiration of one hundred and eighty days fol-

lowing the date of its enactment [Oct. 26, 1970].’’

HORT

ITLE

This subchapter known as the ‘‘Fair Credit Reporting

Act’’, see Short Title note set out under section 1601 of

this title.

TUDY OF

FFECTS OF

REDIT

CORES AND

REDIT

ASED

NSURANCE

CORES ON

VAILABILITY AND

FORDABILITY OF

INANCIAL

RODUCTS

Pub. L. 108–159, title II, § 215, Dec. 4, 2003, 117 Stat.

1984, provided that:

‘‘(a) S

TUDY

EQUIRED

.—The Commission and the

Board, in consultation with the Office of Fair Housing

and Equal Opportunity of the Department of Housing

and Urban Development, shall conduct a study of—

‘‘(1) the effects of the use of credit scores and cred-

it-based insurance scores on the availability and af-

fordability of financial products and services, includ-

ing credit cards, mortgages, auto loans, and property

and casualty insurance;

‘‘(2) the statistical relationship, utilizing a multi-

variate analysis that controls for prohibited factors

under the Equal Credit Opportunity Act [15 U.S.C.

1691 et seq.] and other known risk factors, between

credit scores and credit-based insurance scores and

the quantifiable risks and actual losses experienced

by businesses;

‘‘(3) the extent to which, if any, the use of credit

scoring models, credit scores, and credit-based insur-

ance scores impact on the availability and afford-

ability of credit and insurance to the extent informa-

tion is currently available or is available through

proxies, by geography, income, ethnicity, race, color,

religion, national origin, age, sex, marital status, and

creed, including the extent to which the consider-

ation or lack of consideration of certain factors by

credit scoring systems could result in negative or dif-

ferential treatment of protected classes under the

Equal Credit Opportunity Act, and the extent to

which, if any, the use of underwriting systems rely-

ing on these models could achieve comparable results

through the use of factors with less negative impact;

and

‘‘(4) the extent to which credit scoring systems are

used by businesses, the factors considered by such

systems, and the effects of variables which are not

considered by such systems.

‘‘(b) P

UBLIC

ARTICIPATION

.—The Commission shall

seek public input about the prescribed methodology

Page 1362 TITLE 15—COMMERCE AND TRADE § 1681a

and research design of the study described in sub-

section (a), including from relevant Federal regulators,

State insurance regulators, community, civil rights,

consumer, and housing groups.

‘‘(c) R

EPORT

EQUIRED

.—

‘‘(1) I

N GENERAL

.—Before the end of the 24-month

period beginning on the date of enactment of this Act

[Dec. 4, 2003], the Commission shall submit a detailed

report on the study conducted pursuant to subsection

(a) to the Committee on Financial Services of the

House of Representatives and the Committee on

Banking, Housing, and Urban Affairs of the Senate.

‘‘(2) C

ONTENTS OF REPORT

.—The report submitted

under paragraph (1) shall include the findings and

conclusions of the Commission, recommendations to

address specific areas of concerns addressed in the

study, and recommendations for legislative or admin-

istrative action that the Commission may determine

to be necessary to ensure that credit and credit-based

insurance scores are used appropriately and fairly to

avoid negative effects.’’

FTC S

TUDY OF

SSUES

ELATING TO THE

AIR

REDIT

EPORTING

Pub. L. 108–159, title III, § 318, Dec. 4, 2003, 117 Stat.

1998, provided that:

‘‘(a) S

TUDY

EQUIRED

.—

‘‘(1) I

N GENERAL

.—The Commission shall conduct a

study on ways to improve the operation of the Fair

Credit Reporting Act [15 U.S.C. 1681 et seq.].

‘‘(2) A

REAS FOR STUDY

.—In conducting the study

under paragraph (1), the Commission shall review—

‘‘(A) the efficacy of increasing the number of

points of identifying information that a credit re-

porting agency is required to match to ensure that

a consumer is the correct individual to whom a con-

sumer report relates before releasing a consumer

report to a user, including—

‘‘(i) the extent to which requiring additional

points of such identifying information to match

would—

‘‘(I) enhance the accuracy of credit reports;

and

‘‘(II) combat the provision of incorrect con-

sumer reports to users;

‘‘(ii) the extent to which requiring an exact

match of the first and last name, social security

number, and address and ZIP Code of the con-

sumer would enhance the likelihood of increasing

credit report accuracy; and

‘‘(iii) the effects of allowing consumer reporting

agencies to use partial matches of social security

numbers and name recognition software on the

accuracy of credit reports;

‘‘(B) requiring notification to consumers when

negative information has been added to their credit

reports, including—

‘‘(i) the potential impact of such notification on

the ability of consumers to identify errors on

their credit reports; and

‘‘(ii) the potential impact of such notification

on the ability of consumers to remove fraudulent

information from their credit reports;

‘‘(C) the effects of requiring that a consumer who

has experienced an adverse action based on a credit

report receives a copy of the same credit report

that the creditor relied on in taking the adverse ac-

tion, including—

‘‘(i) the extent to which providing such reports

to consumers would increase the ability of con-

sumers to identify errors in their credit reports;

and

‘‘(ii) the extent to which providing such reports

to consumers would increase the ability of con-

sumers to remove fraudulent information from

their credit reports;

‘‘(D) any common financial transactions that are

not generally reported to the consumer reporting

agencies, but would provide useful information in

determining the credit worthiness of consumers;

and

‘‘(E) any actions that might be taken within a

voluntary reporting system to encourage the re-

porting of the types of transactions described in

subparagraph (D).

‘‘(3) C

OSTS AND BENEFITS

.—With respect to each

area of study described in paragraph (2), the Commis-

sion shall consider the extent to which such require-

ments would benefit consumers, balanced against the

cost of implementing such provisions.

‘‘(b) R

EPORT

EQUIRED

.—Not later than 1 year after

the date of enactment of this Act [Dec. 4, 2003], the

chairman of the Commission shall submit a report to

the Committee on Banking, Housing, and Urban Affairs

of the Senate and the Committee on Financial Services

of the House of Representatives containing a detailed

summary of the findings and conclusions of the study

under this section, together with such recommenda-

tions for legislative or administrative actions as may

be appropriate.’’

FTC S

TUDY OF THE

CCURACY OF

ONSUMER

EPORTS

Pub. L. 108–159, title III, § 319, Dec. 4, 2003, 117 Stat.

1999, provided that:

‘‘(a) S

TUDY

EQUIRED

.—Until the final report is sub-

mitted under subsection (b)(2), the Commission shall

conduct an ongoing study of the accuracy and com-

pleteness of information contained in consumer reports

prepared or maintained by consumer reporting agencies

and methods for improving the accuracy and complete-

ness of such information.

‘‘(b) B

IENNIAL

EPORTS

EQUIRED

.—

‘‘(1) I

NTERIM REPORTS

.—The Commission shall sub-

mit an interim report to the Congress on the study

conducted under subsection (a) at the end of the 1-

year period beginning on the date of enactment of

this Act [Dec. 4, 2003] and biennially thereafter for 8

years.

‘‘(2) F

INAL REPORT

.—The Commission shall submit a

final report to the Congress on the study conducted

under subsection (a) at the end of the 2-year period

beginning on the date on which the final interim re-

port is submitted to the Congress under paragraph

(1).

‘‘(3) C

ONTENTS

.—Each report submitted under this

subsection shall contain a detailed summary of the

findings and conclusions of the Commission with re-

spect to the study required under subsection (a) and

such recommendations for legislative and adminis-

trative action as the Commission may determine to

be appropriate.’’

EFINITIONS

Pub. L. 108–159, § 2, Dec. 4, 2003, 117 Stat. 1953, provided

that: ‘‘As used in this Act [see Short Title of 2003

Amendment note set out under section 1601 of this

title]—

‘‘(1) the term ‘Board’ means the Board of Governors

of the Federal Reserve System;

‘‘(2) the term ‘Commission’, other than as used in

title V [20 U.S.C. 9701 et seq.], means the Federal

Trade Commission;

‘‘(3) the terms ‘consumer’, ‘consumer report’, ‘con-

sumer reporting agency’, ‘creditor’, ‘Federal banking

agencies’, and ‘financial institution’ have the same

meanings as in section 603 of the Fair Credit Report-

ing Act [15 U.S.C. 1681a], as amended by this Act; and

‘‘(4) the term ‘affiliates’ means persons that are re-

lated by common ownership or affiliated by corporate

control.’’

§ 1681a. Definitions; rules of construction

(a) Definitions and rules of construction set

forth in this section are applicable for the pur-

poses of this subchapter.

(b) The term ‘‘person’’ means any individual,

partnership, corporation, trust, estate, coopera-

tive, association, government or governmental

subdivision or agency, or other entity.

Page 1363 TITLE 15—COMMERCE AND TRADE § 1681a

See References in Text note below.

So in original. The period probably should be ‘‘; and’’.

(d) C

ONSUMER

EPORT

.—

(1) I

N GENERAL

.—The term ‘‘consumer re-

port’’ means any written, oral, or other com-

munication of any information by a consumer

reporting agency bearing on a consumer’s

credit worthiness, credit standing, credit ca-

pacity, 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 eligi-

bility for—

(A) credit or insurance to be used pri-

marily for personal, family, or household

purposes;

(B) employment purposes; or

section 1681b of this title.

(2) E

XCLUSIONS

.—Except as provided in para-

graph (3), the term ‘‘consumer report’’ does

not include—

(A) subject to section 1681s–3 of this title,

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 owner-

ship or affiliated by corporate control; or

(iii) communication of other information

among persons related by common owner-

ship 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, be-

fore the time that the information is ini-

tially communicated, to direct that such

information not be communicated among

such persons;

(B) any authorization or approval of a spe-

cific extension of credit directly or indi-

rectly by the issuer of a credit card or simi-

lar device;

been requested by a third party to make a

specific extension of credit directly or indi-

rectly to a consumer conveys his or her deci-

sion 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 1681m of this title; or

(D) a communication described in sub-

section (o) or (x)

of this section.

(3) R

ESTRICTION ON SHARING OF MEDICAL IN

FORMATION

.—Except for information or any

communication of information disclosed as

provided in section 1681b(g)(3) of this title, the

exclusions in paragraph (2) shall not apply

with respect to information disclosed to any

person related by common ownership or affili-

ated by corporate control, if the information

is—

(A) medical information;

(B) an individualized list or description

based on the payment transactions of the

consumer for medical products or services;

ers based on payment transactions for medi-

cal products or services.

(e) The term ‘‘investigative consumer report’’

means a consumer report or portion thereof in

which information on a consumer’s character,

general reputation, personal characteristics, or

mode of living is obtained through personal

interviews with neighbors, friends, or associates

of the consumer reported on or with others with

whom he is acquainted or who may have knowl-

edge 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 di-

rectly 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, regu-

larly engages in whole or in part in the practice

of assembling or evaluating consumer credit in-

formation or other information on consumers

for the purpose of furnishing consumer reports

to third parties, and which uses any means or fa-

cility 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 regard-

less 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 evaluat-

ing a consumer for employment, promotion, re-

assignment or retention as an employee.

(i) M

EDICAL

NFORMATION

.—The term ‘‘medical

information’’—

(1) means information or data, whether oral

or recorded, in any form or medium, created

by or derived from a health care provider or

the consumer, that relates to—

(A) the past, present, or future physical,

mental, or behavioral health or condition of

an individual;

(B) the provision of health care to an indi-

vidual; or

care to an individual.

(2) does not include the age or gender of a

consumer, demographic information about the

consumer, including a consumer’s residence

address or e-mail address, or any other infor-

mation about a consumer that does not relate

to the physical, mental, or behavioral health

or condition of a consumer, including the ex-

istence or value of any insurance policy.

(j) D

EFINITIONS

ELATING TO

HILD

UPPORT

BLIGATIONS

.—

(1) O

VERDUE SUPPORT

.—The term ‘‘overdue

support’’ has the meaning given to such term

in section 666(e) of title 42.

Page 1364 TITLE 15—COMMERCE AND TRADE § 1681a

(2) S

TATE OR LOCAL CHILD SUPPORT ENFORCE

MENT 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) A

DVERSE

CTION

.—

(1) A

CTIONS INCLUDED

.—The term ‘‘adverse

action’’—

(A) has the same meaning as in section

1691(d)(6) of this title; and

(B) means—

(i) a denial or cancellation of, an in-

crease in any charge for, or a reduction or

other adverse or unfavorable change in the

terms of coverage or amount of, any insur-

ance, existing or applied for, in connection

with the underwriting of insurance;

(ii) a denial of employment or any other

decision for employment purposes that ad-

versely affects any current or prospective

employee;

(iii) a denial or cancellation of, an in-

crease in any charge for, or any other ad-

verse or unfavorable change in the terms

of, any license or benefit described in sec-

tion 1681b(a)(3)(D) of this title; and

(iv) an action taken or determination

that is—

(I) made in connection with an applica-

tion that was made by, or a transaction

that was initiated by, any consumer, or

in connection with a review of an ac-

count under section 1681b(a)(3)(F)(ii) of

this title; and

(II) adverse to the interests of the con-

sumer.

(2) A

PPLICABLE FINDINGS

DECISIONS

COM

MENTARY

AND ORDERS

.—For purposes of any

determination of whether an action is an ad-

verse action under paragraph (1)(A), all appro-

priate final findings, decisions, commentary,

and orders issued under section 1691(d)(6) of

this title by the Bureau or any court shall

apply.

(l) F

IRM

FFER OF

REDIT OR

NSURANCE

.—The

term ‘‘firm offer of credit or insurance’’ means

any offer of credit or insurance to a consumer

that will be honored if the consumer is deter-

mined, based on information in a consumer re-

port on the consumer, to meet the specific cri-

teria 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 cri-

teria bearing on credit worthiness or insur-

ability, 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 con-

sumer for the offer, by using information in

a consumer report on the consumer, infor-

mation in the consumer’s application for the

credit or insurance, or other information

bearing on the credit worthiness or insur-

ability 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 spe-

cific 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 con-

sumer for the offer of credit or insurance;

and

(B) disclosed to the consumer in the offer

of credit or insurance.

(m) C

REDIT OR

NSURANCE

RANSACTION

HAT

NITIATED BY THE

ONSUMER

.—The term

‘‘credit or insurance transaction that is not ini-

tiated by the consumer’’ does not include the

use of a consumer report by a person with which

the consumer has an account or insurance pol-

icy, for purposes of—

(1) reviewing the account or insurance pol-

icy; or

(2) collecting the account.

(n) S

TATE

.—The term ‘‘State’’ means any

State, the Commonwealth of Puerto Rico, the

District of Columbia, and any territory or pos-

session of the United States.

(o) E

XCLUDED

OMMUNICATIONS

.—A commu-

nication is described in this subsection if it is a

communication—

(1) that, but for subsection (d)(2)(D) of this

section, would be an investigative consumer

report;

(2) that is made to a prospective employer

for the purpose of—

(A) procuring an employee for the em-

ployer; 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 sub-

paragraph (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 communica-

tion;

(ii) consents orally or in writing to the

making of the communication to a pro-

spective 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 communica-

tion does not, for the purpose of making the

communication, make any inquiry that if

Page 1365 TITLE 15—COMMERCE AND TRADE § 1681a

made by a prospective employer of the con-

sumer who is the subject of the communica-

tion would violate any applicable Federal or

State equal employment opportunity law or

regulation; and

tion—

(i) discloses in writing to the consumer

who is the subject of the communication,

not later than 5 business days after receiv-

ing 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 ac-

quired solely for use in making the com-

munication and is actually used for no

other purpose, need not be disclosed other

than under appropriate discovery proce-

dures in any court of competent jurisdic-

tion in which an action is brought; and

(ii) notifies the consumer who is the sub-

ject of the communication, in writing, of

the consumer’s right to request the infor-

mation described in clause (i).

(p) C

ONSUMER

EPORTING

GENCY

HAT

PILES AND

AINTAINS

ILES ON

ONSUMERS ON A

ATIONWIDE

ASIS

.—The term ‘‘consumer report-

ing agency that compiles and maintains files on

consumers on a nationwide basis’’ means a con-

sumer reporting agency that regularly engages

in the practice of assembling or evaluating, and

maintaining, for the purpose of furnishing con-

sumer reports to third parties bearing on a con-

sumer’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.

(q) D

EFINITIONS

ELATING TO

RAUD

LERTS

.—

(1) A

CTIVE DUTY MILITARY CONSUMER

.—The

term ‘‘active duty military consumer’’ means

a consumer in military service who—

(A) is on active duty (as defined in section

101(d)(1) of title 10) or is a reservist perform-

ing duty under a call or order to active duty

under a provision of law referred to in sec-

tion 101(a)(13) of title 10; and

(B) is assigned to service away from the

usual duty station of the consumer.

(2) F

RAUD ALERT

;

ACTIVE DUTY ALERT

.—The

terms ‘‘fraud alert’’ and ‘‘active duty alert’’

mean a statement in the file of a consumer

that—

(A) notifies all prospective users of a con-

sumer report relating to the consumer that

the consumer may be a victim of fraud, in-

cluding identity theft, or is an active duty

military consumer, as applicable; and

(B) is presented in a manner that facili-

tates a clear and conspicuous view of the

statement described in subparagraph (A) by

any person requesting such consumer report.

(3) I

DENTITY THEFT

.—The term ‘‘identity

theft’’ means a fraud committed using the

identifying information of another person,

subject to such further definition as the Bu-

reau may prescribe, by regulation.

(4) I

DENTITY THEFT REPORT

.—The term ‘‘iden-

tity theft report’’ has the meaning given that

term by rule of the Bureau, and means, at a

minimum, a report—

(A) that alleges an identity theft;

(B) that is a copy of an official, valid re-

port filed by a consumer with an appropriate

Federal, State, or local law enforcement

agency, including the United States Postal

Inspection Service, or such other govern-

ment agency deemed appropriate by the Bu-

reau; and

filing the report to criminal penalties relat-

ing to the filing of false information if, in

fact, the information in the report is false.

(5) N

EW CREDIT PLAN

.—The term ‘‘new credit

plan’’ means a new account under an open end

credit plan (as defined in section 1602(i)

this title) or a new credit transaction not

under an open end credit plan.

(r) C

REDIT AND

EBIT

ELATED

ERMS

—

(1) C

ARD ISSUER

.—The term ‘‘card issuer’’

means—

(A) a credit card issuer, in the case of a

credit card; and

(B) a debit card issuer, in the case of a

debit card.

(2) C

REDIT CARD

.—The term ‘‘credit card’’

has the same meaning as in section 1602 of this

title.

(3) D

EBIT CARD

.—The term ‘‘debit card’’

means any card issued by a financial institu-

tion to a consumer for use in initiating an

electronic fund transfer from the account of

the consumer at such financial institution, for

the purpose of transferring money between ac-

counts or obtaining money, property, labor, or

services.

(4) A

CCOUNT AND ELECTRONIC FUND TRANS

FER

.—The terms ‘‘account’’ and ‘‘electronic

fund transfer’’ have the same meanings as in

section 1693a of this title.

(5) C

REDIT AND CREDITOR

.—The terms ‘‘cred-

it’’ and ‘‘creditor’’ have the same meanings as

in section 1691a of this title.

(s) F

EDERAL

ANKING

GENCY

.—The term

‘‘Federal banking agency’’ has the same mean-

ing as in section 1813 of title 12.

(t) F

INANCIAL

NSTITUTION

.—The term ‘‘finan-

cial institution’’ means a State or National

bank, a State or Federal savings and loan asso-

ciation, a mutual savings bank, a State or Fed-

eral credit union, or any other person that, di-

rectly or indirectly, holds a transaction account

(as defined in section 461(b) of title 12) belonging

to a consumer.

(u) R

ESELLER

.—The term ‘‘reseller’’ means a

consumer reporting agency that—

(1) assembles and merges information con-

tained in the database of another consumer re-

porting agency or multiple consumer report-

ing agencies concerning any consumer for pur-

poses of furnishing such information to any

third party, to the extent of such activities;

and

(2) does not maintain a database of the as-

sembled or merged information from which

new consumer reports are produced.

Page 1366 TITLE 15—COMMERCE AND TRADE § 1681a

So in original.

(v) C

OMMISSION

.—The term ‘‘Commission’’

means the Bureau.

(w) The term ‘‘Bureau’’ means the Bureau of

Consumer Financial Protection.

(x) N

ATIONWIDE

PECIALTY

ONSUMER

EPORT

ING

GENCY

.—The term ‘‘nationwide specialty

consumer reporting agency’’ means a consumer

reporting agency that compiles and maintains

files on consumers on a nationwide basis relat-

ing to—

(1) medical records or payments;

(2) residential or tenant history;

(3) check writing history;

(4) employment history; or

(5) insurance claims.

(y) E

XCLUSION OF

ERTAIN

OMMUNICATIONS

FOR

MPLOYEE

NVESTIGATIONS

.—

(1) C

OMMUNICATIONS DESCRIBED IN THIS SUB

SECTION

.—A communication is described in

this subsection if—

(A) but for subsection (d)(2)(D) of this sec-

tion, the communication would be a con-

sumer report;

(B) the communication is made to an em-

ployer in connection with an investigation

of—

(i) suspected misconduct relating to em-

ployment; or

(ii) compliance with Federal, State, or

local laws and regulations, the rules of a

self-regulatory organization, or any pre-

existing written policies of the employer;

purpose of investigating a consumer’s credit

worthiness, credit standing, or credit capac-

ity; and

(D) the communication is not provided to

any person except—

(i) to the employer or an agent of the

employer;

(ii) to any Federal or State officer, agen-

cy, or department, or any officer, agency,

or department of a unit of general local

government;

(iii) to any self-regulatory organization

with regulatory authority over the activi-

ties of the employer or employee;

(iv) as otherwise required by law; or

(v) pursuant to section 1681f of this title.

(2) S

UBSEQUENT DISCLOSURE

.—After taking

any adverse action based in whole or in part

on a communication described in paragraph

(1), the employer shall disclose to the con-

sumer a summary containing the nature and

substance of the communication upon which

the adverse action is based, except that the

sources of information acquired solely for use

in preparing what would be but for subsection

(d)(2)(D) of this section an investigative con-

sumer report need not be disclosed.

(3) S

ELF

REGULATORY ORGANIZATION DE

FINED

.—For purposes of this subsection, the

term ‘‘self-regulatory organization’’ includes

any self-regulatory organization (as defined in

section 78c(a)(26) of this title), any entity es-

tablished under title I of the Sarbanes-Oxley

Act of 2002 [15 U.S.C. 7211 et seq.], any board of

trade designated by the Commodity Futures

Trading Commission, and any futures associa-

tion registered with such Commission.

(Pub. L. 90–321, title VI, § 603, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1128;

amended Pub. L. 102–537, § 2(b), Oct. 27, 1992, 106

Stat. 3531; Pub. L. 104–208, div. A, title II, § 2402,

Sept. 30, 1996, 110 Stat. 3009–426; Pub. L. 105–347,

§ 6(1)–(3), Nov. 2, 1998, 112 Stat. 3211; Pub. L.

108–159, title I, § 111, title II, § 214(c)(1), title IV,

§ 411(b), (c), title VI, § 611, Dec. 4, 2003, 117 Stat.

1954, 1983, 2001, 2010; Pub. L. 111–203, title X,

§ 1088(a)(1), (2)(A), (C), (3), July 21, 2010, 124 Stat.

2086, 2087.)

EFERENCES IN

EXT

Subsection (x) of this section, referred to in subsec.

(d)(2)(D), was redesignated subsection (y) of this section

by Pub. L. 111–203, title X, § 1088(a)(1), July 21, 2010, 124

Stat. 2086.

Section 1602(i) of this title, referred to in subsec.

(q)(5), was redesignated section 1602(j) of this title by

Pub. L. 111–203, title X, § 1100A(1)(A), July 21, 2010, 124

Stat. 2107.

The Sarbanes-Oxley Act of 2002, referred to in subsec.

(y)(3), is Pub. L. 107–204, July 30, 2002, 116 Stat. 745.

Title I of the Act is classified principally to subchapter

I (§ 7211 et seq.) of chapter 98 of this title. For complete

classification of this Act to the Code, see Short Title

note set out under section 7201 of this title and Tables.

MENDMENTS

2010—Subsec. (k)(2). Pub. L. 111–203, § 1088(a)(3), sub-

stituted ‘‘Bureau’’ for ‘‘Board of Governors of the Fed-

eral Reserve System’’.

Subsec. (q)(3), (4). Pub. L. 111–203, § 1088(a)(2)(C), sub-

stituted ‘‘the Bureau’’ for ‘‘the Commission’’ wherever

appearing.

Subsec. (v). Pub. L. 111–203, § 1088(a)(2)(A), substituted

‘‘Bureau’’ for ‘‘Federal Trade Commission’’.

Subsecs. (w) to (y). Pub. L. 111–203, § 1088(a)(1), added

subsec. (w) and redesignated former subsecs. (w) and (x)

as (x) and (y), respectively.

2003—Subsec. (d)(2). Pub. L. 108–159, § 411(b)(1), sub-

stituted ‘‘Except as provided in paragraph (3), the

term’’ for ‘‘The term’’ in introductory provisions.

Subsec. (d)(2)(A). Pub. L. 108–159, § 214(c)(1), inserted

‘‘subject to section 1681s–3 of this title,’’ after ‘‘(A)’’ in

introductory provisions.

Subsec. (d)(2)(D). Pub. L. 108–159, § 611(b), inserted ‘‘or

(x)’’ after ‘‘subsection (o)’’.

Subsec. (d)(3). Pub. L. 108–159, § 411(b)(2), added par.

(3).

Subsec. (i). Pub. L. 108–159, § 411(c), inserted heading

and amended text of subsec. (i) generally. Prior to

amendment, text read as follows: ‘‘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, hos-

pitals, clinics, or other medical or medically related fa-

cilities.’’

Subsecs. (q) to (w). Pub. L. 108–159, § 111, added sub-

secs. (q) to (w).

Subsec. (x). Pub. L. 108–159, § 611(a), added subsec. (x).

1998—Subsec. (d)(2)(A)(iii). Pub. L. 105–347, § 6(1),

struck out ‘‘any’’ before ‘‘communication of other’’.

Subsec. (o)(1). Pub. L. 105–347, § 6(2), substituted

‘‘(d)(2)(D)’’ for ‘‘(d)(2)(E)’’.

Subsec. (o)(4). Pub. L. 105–347, § 6(3), substituted

‘‘and’’ for ‘‘or’’ at end.

1996—Subsec. (d). Pub. L. 104–208, § 2402(e), inserted

subsec. heading, designated existing provisions as par.

(1) and inserted heading, redesignated cls. (1) to (3) as

subpars. (A) to (C), respectively, added par. (2), and

struck out at end ‘‘The term does not include (A) any

report containing information solely as to transactions

or experiences between the consumer and the person

making the report; (B) any authorization or approval of

Page 1367 TITLE 15—COMMERCE AND TRADE § 1681b

a specific extension of credit directly or indirectly by

the issuer of a credit card or similar device; or (C) any

report in which a person who has been requested by a

third party to make a specific extension of credit di-

rectly or indirectly to a consumer conveys his 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

1681m of this title.’’

Subsec. (k). Pub. L. 104–208, § 2402(a), added subsec.

(k).

Subsec. (l). Pub. L. 104–208, § 2402(b), added subsec. (l).

Subsec. (m). Pub. L. 104–208, § 2402(c), added subsec.

(m).

Subsec. (n). Pub. L. 104–208, § 2402(d), added subsec.

(n).

Subsec. (o). Pub. L. 104–208, § 2402(f), added subsec. (o).

Subsec. (p). Pub. L. 104–208, § 2402(g), added subsec. (p).

1992—Subsec. (j). Pub. L. 102–537 added subsec. (j).

FFECTIVE

ATE OF

2010 A

MENDMENT

Amendment by Pub. L. 111–203 effective on the des-

ignated transfer date, see section 1100H of Pub. L.

111–203, set out as a note under section 552a of Title 5,

Government Organization and Employees.

FFECTIVE

ATE OF

2003 A

MENDMENT

Amendment by Pub. L. 108–159 subject to joint regu-

lations establishing effective dates as prescribed by

Federal Reserve Board and Federal Trade Commission,

except as otherwise provided, see section 3 of Pub. L.

108–159, set out as a note under section 1681 of this title.

Pub. L. 108–159, title IV, § 411(d), Dec. 4, 2003, 117 Stat.

2002, provided that: ‘‘This section [amending this sec-

tion and section 1681b of this title] shall take effect at

the end of the 180-day period beginning on the date of

enactment of this Act [Dec. 4, 2003], except that para-

graph (2) of section 604(g) of the Fair Credit Reporting

Act [15 U.S.C. 1681b(g)(2)] (as amended by subsection (a)

of this section) shall take effect on the later of—

‘‘(1) the end of the 90-day period beginning on the

date on which the regulations required under para-

graph (5)(B) of such section 604(g) are issued in final

form; or

‘‘(2) the date specified in the regulations referred to

in paragraph (1).’’

FFECTIVE

ATE OF

1998 A

MENDMENT

Pub. L. 105–347, § 7, Nov. 2, 1998, 112 Stat. 3211, pro-

vided that: ‘‘The amendments made by this Act

[amending this section and sections 1681b, 1681c, 1681g,

1681i, 1681k, and 1681s of this title] shall be deemed to

have the same effective date [see section 2420 of Pub. L.

104–208, set out as a note below] as the amendments

made by section 2403 of the Consumer Credit Reporting

Reform Act of 1996 (Public Law 104–208; 110 Stat.

3009–1257 [3009–430]) [amending section 1681b of this

title].’’

FFECTIVE

ATE OF

1996 A

MENDMENT

Section 2420 of div. A of Pub. L. 104–208 provided that:

‘‘(a) I

ENERAL

.—Except as otherwise specifically

provided in this chapter [chapter 1 (§§ 2401–2422) of sub-

title D of title II of div. A of Pub. L. 104–208, see Short

Title of 1996 Amendment note set out under section 1601

of this title], the amendments made by this chapter

shall become effective 365 days after the date of enact-

ment of this Act [Sept. 30, 1996].

‘‘(b) E

ARLY

OMPLIANCE

.—Any person or other entity

that is subject to the requirements of this chapter may,

at its option, comply with any provision of this chapter

before the date on which that provision becomes effec-

tive under this chapter, in which case, each of the cor-

responding provisions of this chapter shall be fully ap-

plicable to such person or entity.’’

FFECTIVE

ATE OF

1992 A

MENDMENT

Section 2(d) of Pub. L. 102–537 provided that: ‘‘The

amendments made by this section [enacting section

1681s–1 of this title and amending this section] shall

take effect on January 1, 1993.’’

ONSTRUCTION OF

1996 A

MENDMENT

Section 2421 of div. A of Pub. L. 104–208 provided that:

‘‘Nothing in this chapter [chapter 1 (§§ 2401–2422) of sub-

title D of title II of div. A of Pub. L. 104–208, see Short

Title of 1996 Amendment note set out under section 1601

of this title] or the amendments made by this chapter

shall be considered to supersede or otherwise affect sec-

tion 2721 of title 18, United States Code, with respect to

motor vehicle records for surveys, marketing, or solici-

tations.’’

§ 1681b. Permissible purposes of consumer re-

ports

(a) In general

Subject to subsection (c) of this section, any

consumer reporting agency may furnish a con-

sumer 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 sub-

poena issued in connection with proceedings

before a Federal grand jury.

(2) In accordance with the written instruc-

tions of the consumer to whom it relates.

(3) To a person which it has reason to be-

lieve—

(A) intends to use the information in con-

nection 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 ac-

count of, the consumer; or

(B) intends to use the information for em-

ployment purposes; or

nection with the underwriting of insurance

involving the consumer; or

(D) intends to use the information in con-

nection with a determination of the consum-

er’s eligibility for a license or other benefit

granted by a governmental instrumentality

required by law to consider an applicant’s fi-

nancial responsibility or status; or

(E) intends to use the information, as a po-

tential investor or servicer, or current in-

surer, in connection with a valuation of, or

an assessment of the credit or prepayment

risks associated with, an existing credit ob-

ligation; or

(F) otherwise has a legitimate business

need for the information—

(i) in connection with a business trans-

action that is initiated by the consumer;

(ii) to review an account to determine

whether the consumer continues to meet

the terms of the account.

(G) executive departments and agencies in

connection with the issuance of government-

sponsored individually-billed travel charge

cards.

(4) In response to a request by the head of a

State or local child support enforcement agen-

cy (or a State or local government official au-

thorized 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 ca-

Page 1368 TITLE 15—COMMERCE AND TRADE § 1681b

See References in Text note below.

pacity 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 re-

quired by those laws);

days’ prior notice to the consumer whose re-

port is requested, by certified or registered

mail to the last known address of the con-

sumer, that the report will be requested; and

(D) the consumer report will be kept con-

fidential, 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 654 of title 42 for use to set an

initial or modified child support award.

(6) To the Federal Deposit Insurance Cor-

poration or the National Credit Union Admin-

istration as part of its preparation for its ap-

pointment or as part of its exercise of powers,

as conservator, receiver, or liquidating agent

for an insured depository institution or in-

sured credit union under the Federal Deposit

Insurance Act [12 U.S.C. 1811 et seq.] or the

Federal Credit Union Act [12 U.S.C. 1751 et

seq.], or other applicable Federal or State law,

or in connection with the resolution or liq-

uidation of a failed or failing insured deposi-

tory institution or insured credit union, as ap-

plicable.

(b) Conditions for furnishing and using con-

sumer 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 para-

graph (2) with respect to the consumer re-

port, 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 re-

port will not be used in violation of any

applicable Federal or State equal employ-

ment opportunity law or regulation; and

(B) the consumer reporting agency pro-

vides with the report, or has previously pro-

vided, a summary of the consumer’s rights

under this subchapter, as prescribed by the

Bureau under section 1681g(c)(3)

of this

title.

(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 em-

ployment purposes; and

(ii) the consumer has authorized in writ-

ing (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

phone, computer, or other similar means, at

any time before a consumer report is pro-

cured 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

1681m(a)(3)

of this title; and

(ii) the consumer shall have consented,

orally, in writing, or electronically to the

procurement of the report by that person.

Subparagraph (B) shall apply to a person

procuring a consumer report on a consumer

in connection with the consumer’s applica-

tion for employment only if—

(i) the consumer is applying for a posi-

tion over which the Secretary of Transpor-

tation has the power to establish qualifica-

tions and maximum hours of service pur-

suant to the provisions of section 31502 of

title 49, or a position subject to safety reg-

ulation 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 subchapter, as

prescribed by the Bureau under section

1681g(c)(3)

of this title.

Page 1369 TITLE 15—COMMERCE AND TRADE § 1681b

(B) Application by mail, telephone, computer,

or other similar means

(i) If a consumer described in subparagraph

phone, computer, or other similar means,

and if a person who has procured a consumer

report on the consumer for employment pur-

poses takes adverse action on the employ-

ment 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 sub-

paragraph (A) of this section and under sec-

tion 1681m(a) of this title, 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 re-

port received from a consumer reporting

agency;

(II) of the name, address and telephone

number of the consumer reporting agency

that furnished the consumer report (in-

cluding a toll-free telephone number estab-

lished by the agency if the agency com-

piles and maintains files on consumers on

a nationwide basis);

(III) that the consumer reporting agency

did not make the decision to take the ad-

verse 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 pro-

viding 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 con-

sumer 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 pro-

vide to the consumer a copy of a report and

a copy of the consumer’s rights as prescribed

by the Bureau under section 1681g(c)(3)

this title.

Subparagraph (B) shall apply to a person

procuring a consumer report on a consumer

in connection with the consumer’s applica-

tion for employment only if—

(i) the consumer is applying for a posi-

tion over which the Secretary of Transpor-

tation has the power to establish qualifica-

tions and maximum hours of service pur-

suant to the provisions of section 31502 of

title 49, or a position subject to safety reg-

ulation 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 investiga-

tions

(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 em-

ployment 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 juris-

diction of such agency or department;

(iii) there is reason to believe that com-

pliance 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 po-

tential witness relevant to the investiga-

tion;

(V) result in the compromise of classi-

fied information; or

(VI) otherwise seriously jeopardize or

unduly delay the investigation or an-

other 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 excep-

tion under subparagraph (A) is no longer re-

quired for the reasons set forth in such sub-

paragraph, the official exercising the au-

thority 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 nec-

essary;

(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 investiga-

tion for which the consumer report was

sought.

ment

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) Definitions

For purposes of this paragraph, the follow-

ing definitions shall apply:

(i) Classified information

The term ‘‘classified information’’

means information that is protected from

Page 1370 TITLE 15—COMMERCE AND TRADE § 1681b

unauthorized disclosure under Executive

Order No. 12958 or successor orders.

(ii) National security investigation

The term ‘‘national security investiga-

tion’’ 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 de-

termine whether classified information

has been lost or compromised.

or insurance transactions that are not initi-

ated by consumer

(1) In general

A consumer reporting agency may furnish a

consumer report relating to any consumer

pursuant to subparagraph (A) or (C) of sub-

section (a)(3) of this section 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) of this section;

(iii) there is not in effect an election by

the consumer, made in accordance with sub-

section (e) of this section, to have the con-

sumer’s name and address excluded from

lists of names provided by the agency pursu-

ant to this paragraph; and

(iv) the consumer report does not contain

a date of birth that shows that the consumer

has not attained the age of 21, or, if the date

of birth on the consumer report shows that

the consumer has not attained the age of 21,

such consumer consents to the consumer re-

porting agency to such furnishing.

(2) Limits on information received under para-

graph (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 iden-

tity of the consumer; and

sumer that does not identify the relation-

ship or experience of the consumer with re-

spect to a particular creditor or other en-

tity.

(3) Information regarding inquiries

Except as provided in section 1681g(a)(5) of

this title, a consumer reporting agency shall

not furnish to any person a record of inquiries

in connection with a credit or insurance trans-

action 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 consum-

er’s name and address excluded from any list

provided by a consumer reporting agency

under subsection (c)(1)(B) of this section in

connection with a credit or insurance trans-

action that is not initiated by the consumer,

by notifying the agency in accordance with

paragraph (2) that the consumer does not con-

sent 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 report-

ing agency under paragraph (1)—

(A) through the notification system main-

tained 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 5-year period follow-

ing the election if the consumer does not

submit to the agency a signed notice of elec-

tion 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 con-

sumer reporting agency beginning 5 business

days after the date on which the consumer

notifies the agency in accordance with para-

graph (2);

(B) shall be effective with respect to a con-

sumer reporting agency—

(i) subject to subparagraph (C), during

the 5-year period beginning 5 business days

after the date on which the consumer noti-

fies the agency of the election, in the case

of an election for which a consumer noti-

fies the agency only in accordance with

paragraph (2)(A); or

(ii) until the consumer notifies the agen-

cy under subparagraph (C), in the case of

an election for which a consumer notifies

the agency in accordance with paragraph

(2)(B);

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.

Page 1371 TITLE 15—COMMERCE AND TRADE § 1681b

(5) Notification system

(A) In general

Each consumer reporting agency that,

under subsection (c)(1)(B) of this section,

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 ap-

propriate 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 agen-

cy for such a transaction; and

(ii) publish by not later than 365 days

after September 30, 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 com-

pliance

Establishment and maintenance of a noti-

fication system (including a toll-free tele-

phone number) and publication by a con-

sumer 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 oper-

ate nationwide

Each consumer reporting agency that com-

piles and maintains files on consumers on a

nationwide basis shall establish and maintain

a notification system for purposes of para-

graph (5) jointly with other such consumer re-

porting agencies.

(f) Certain use or obtaining of information pro-

hibited

A person shall not use or obtain a consumer

report for any purpose unless—

(1) the consumer report is obtained for a pur-

pose for which the consumer report is author-

ized to be furnished under this section; and

(2) the purpose is certified in accordance

with section 1681e of this title by a prospective

user of the report through a general or specific

certification.

(g) Protection of medical information

(1) Limitation on consumer reporting agencies

A consumer reporting agency shall not fur-

nish for employment purposes, or in connec-

tion with a credit or insurance transaction, a

consumer report that contains medical infor-

mation (other than medical contact informa-

tion treated in the manner required under sec-

tion 1681c(a)(6) of this title) about a consumer,

unless—

(A) if furnished in connection with an in-

surance transaction, the consumer affirma-

tively consents to the furnishing of the re-

port;

(B) if furnished for employment purposes

or in connection with a credit transaction—

(i) the information to be furnished is rel-

evant to process or effect the employment

or credit transaction; and

(ii) the consumer provides specific writ-

ten consent for the furnishing of the report

that describes in clear and conspicuous

language the use for which the informa-

tion will be furnished; or

tains solely to transactions, accounts, or

balances relating to debts arising from the

receipt of medical services, products, or de-

vises, where such information, other than

account status or amounts, is restricted or

reported using codes that do not identify, or

do not provide information sufficient to

infer, the specific provider or the nature of

such services, products, or devices, as pro-

vided in section 1681c(a)(6) of this title.

(2) Limitation on creditors

Except as permitted pursuant to paragraph

(3)(C) or regulations prescribed under para-

graph (5)(A), a creditor shall not obtain or use

medical information (other than medical in-

formation treated in the manner required

under section 1681c(a)(6) of this title) pertain-

ing to a consumer in connection with any de-

termination of the consumer’s eligibility, or

continued eligibility, for credit.

(3) Actions authorized by Federal law, insur-

ance activities and regulatory determina-

tions

Section 1681a(d)(3) of this title shall not be

construed so as to treat information or any

communication of information as a consumer

report if the information or communication is

disclosed—

(A) in connection with the business of in-

surance or annuities, including the activi-

ties described in section 18B of the model

Privacy of Consumer Financial and Health

Information Regulation issued by the Na-

tional Association of Insurance Commis-

sioners (as in effect on January 1, 2003);

(B) for any purpose permitted without au-

thorization under the Standards for Individ-

ually Identifiable Health Information pro-

mulgated by the Department of Health and

Human Services pursuant to the Health In-

surance Portability and Accountability Act

of 1996, or referred to under section 1179 of

such Act,

or described in section 6802(e) of

this title; or

essary and appropriate, by regulation or

order, by the Bureau or the applicable State

insurance authority (with respect to any

person engaged in providing insurance or an-

nuities).

Page 1372 TITLE 15—COMMERCE AND TRADE § 1681b

So in original. No subpar. (B) has been enacted.

(4) Limitation on redisclosure of medical infor-

mation

Any person that receives medical informa-

tion pursuant to paragraph (1) or (3) shall not

disclose such information to any other person,

except as necessary to carry out the purpose

for which the information was initially dis-

closed, or as otherwise permitted by statute,

regulation, or order.

(5) Regulations and effective date for para-

graph (2)

(A)

Regulations required

The Bureau may, after notice and oppor-

tunity for comment, prescribe regulations

that permit transactions under paragraph (2)

that are determined to be necessary and ap-

propriate to protect legitimate operational,

transactional, risk, consumer, and other

needs (and which shall include permitting

actions necessary for administrative ver-

ification purposes), consistent with the in-

tent of paragraph (2) to restrict the use of

medical information for inappropriate pur-

poses.

(6) Coordination with other laws

No provision of this subsection shall be con-

strued as altering, affecting, or superseding

the applicability of any other provision of

Federal law relating to medical confidential-

ity.

(Pub. L. 90–321, title VI, § 604, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1129;

amended Pub. L. 101–73, title IX, § 964(c), Aug. 9,

1989, 103 Stat. 506; Pub. L. 104–193, title III, § 352,

Aug. 22, 1996, 110 Stat. 2240; Pub. L. 104–208, div.

A, title II, §§ 2403, 2404(a), (b), 2405, Sept. 30, 1996,

110 Stat. 3009–430, 3009–431, 3009–433, 3009–434;

Pub. L. 105–107, title III, § 311(a), Nov. 20, 1997, 111

Stat. 2255; Pub. L. 105–347, §§ 2, 3, 6(4), Nov. 2,

1998, 112 Stat. 3208, 3210, 3211; Pub. L. 107–306,

title VIII, § 811(b)(8)(A), Nov. 27, 2002, 116 Stat.

2426; Pub. L. 108–159, title II, § 213(c), title IV,

§§ 411(a), 412(f), title VIII, § 811(b), Dec. 4, 2003, 117

Stat. 1979, 1999, 2003, 2011; Pub. L. 108–177, title

III, § 361(j), Dec. 13, 2003, 117 Stat. 2625; Pub. L.

109–351, title VII, § 719, Oct. 13, 2006, 120 Stat.

1998; Pub. L. 110–161, div. D, title VII, § 743, Dec.

26, 2007, 121 Stat. 2033; Pub. L. 111–24, title III,

§ 302, May 22, 2009, 123 Stat. 1748; Pub. L. 111–203,

title X, § 1088(a)(2)(A), (4), July 21, 2010, 124 Stat.

2087.)

EFERENCES IN

EXT

The Federal Deposit Insurance Act, referred to in

subsec. (a)(6), is act Sept. 21, 1950, ch. 967, § 2, 64 Stat.

873, which is classified generally to chapter 16 (§ 1811 et

seq.) of Title 12, Banks and Banking. For complete clas-

sification of this Act to the Code, see Short Title note

set out under section 1811 of Title 12 and Tables.

The Federal Credit Union Act, referred to in subsec.

(a)(6), is act June 26, 1934, ch. 750, 48 Stat. 1216, which

is classified principally to chapter 14 (§ 1751 et seq.) of

Title 12, Banks and Banking. For complete classifica-

tion of this Act to the Code, see section 1751 of Title 12

and Tables.

Section 1681g(c) of this title, referred to in subsec.

(b)(1)(B), (3)(A)(ii), (B)(ii), was amended generally by

Pub. L. 108–159, title II, § 211(c), Dec. 4, 2003, 117 Stat.

1970, and, as so amended, no longer contains a par. (3).

Section 1681m(a)(3) of this title, referred to in subsec.

(b)(2)(B)(i), was redesignated section 1681m(a)(4) of this

title by Pub. L. 111–203, title X, § 1100F(1)(A), July 21,

2010, 124 Stat. 2112.

Executive Order No. 12958, referred to in subsec.

(b)(4)(D)(i), which was formerly set out under section

435 of Title 50, War and National Defense, was revoked

by Ex. Ord. No. 13526, § 6.2(g), Dec. 29, 2009, 75 F.R. 731.

The Health Insurance Portability and Accountability

Act of 1996, referred to in subsec. (g)(3)(B), is Pub. L.

104–191, Aug. 21, 1996, 110 Stat. 1936. For complete classi-

fication of this Act to the Code, see Short Title of 1996

Amendments note set out under section 201 of Title 42,

The Public Health and Welfare, and Tables.

Section 1179 of such Act, referred to in subsec.

(g)(3)(B), probably means section 1179 of the Social Se-

curity Act, as added by section 262(a) of Pub. L. 104–191,

title II, Aug. 21, 1996, 110 Stat. 2030, which is classified

to section 1320d–8 of Title 42, The Public Health and

Welfare.

MENDMENTS

2010—Subsec. (b)(1)(B), (3)(A)(ii), (B)(ii). Pub. L.

111–203, § 1088(a)(2)(A), substituted ‘‘Bureau’’ for ‘‘Fed-

eral Trade Commission’’.

Subsec. (g)(3)(C). Pub. L. 111–203, § 1088(a)(4)(A), added

subpar. (C) and struck out former subpar. (C) which

read as follows: ‘‘as otherwise determined to be nec-

essary and appropriate, by regulation or order and sub-

ject to paragraph (6), by the Commission, any Federal

banking agency or the National Credit Union Adminis-

tration (with respect to any financial institution sub-

ject to the jurisdiction of such agency or Administra-

tion under paragraph (1), (2), or (3) of section 1681s(b) of

this title, or the applicable State insurance authority

(with respect to any person engaged in providing insur-

ance or annuities).’’

Subsec. (g)(5). Pub. L. 111–203, § 1088(a)(4)(B), added

par. (5) and struck out former par. (5) which related to

prescription of par. (2) regulations by each Federal

banking agency and the National Credit Union Admin-

istration and required issuance of final regulations be-

fore the end of the 6-month period beginning on Dec. 4,

2003.

2009—Subsec. (c)(1)(B)(iv). Pub. L. 111–24 added cl.

(iv).

2007—Subsec. (a)(3)(G). Pub. L. 110–161 added subpar.

(G).

2006—Subsec. (a)(6). Pub. L. 109–351 added par. (6).

2003—Subsec. (a). Pub. L. 108–159, § 811(b), realigned

margins.

Subsec. (b)(4)(D) to (F). Pub. L. 108–177 struck out

subpars. (D) and (E) and redesignated subpar. (F) as (D).

Prior to amendment, subpars. (D) and (E) read as fol-

lows:

‘‘(D) R

EPORT TO THE CONGRESS

.—Except as provided in

subparagraph (E), 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 dur-

ing the year.

‘‘(E) R

EPORTS TO CONGRESSIONAL INTELLIGENCE COM

MITTEES

.—In the case of a report to be submitted under

subparagraph (D) to the congressional intelligence

committees (as defined in section 401a of title 50), the

submittal date for such report shall be as provided in

section 415b of title 50.’’

Subsec. (e)(3)(A), (4)(B)(i). Pub. L. 108–159, § 213(c),

substituted ‘‘5-year period’’ for ‘‘2-year period’’.

Subsec. (g). Pub. L. 108–159, § 411(a), amended heading

and text of subsec. (g) generally. Prior to amendment,

text read as follows: ‘‘A consumer reporting agency

shall not furnish for employment purposes, or in con-

nection with a credit or insurance transaction, a con-

sumer report that contains medical information about

a consumer, unless the consumer consents to the fur-

nishing of the report.’’

Subsec. (g)(1). Pub. L. 108–159, § 412(f)(1), inserted

‘‘(other than medical contact information treated in

Page 1373 TITLE 15—COMMERCE AND TRADE § 1681b

the manner required under section 1681c(a)(6) of this

title)’’ after ‘‘a consumer report that contains medical

information’’ in introductory provisions.

Subsec. (g)(2). Pub. L. 108–159, § 412(f)(2), inserted

‘‘(other than medical information treated in the man-

ner required under section 1681c(a)(6) of this title)’’

after ‘‘a creditor shall not obtain or use medical infor-

mation’’.

2002—Subsec. (b)(4)(D). Pub. L. 107–306, § 811(b)(8)(A)(i),

substituted ‘‘Except as provided in subparagraph (E),

not later than’’ for ‘‘Not later than’’.

Subsec. (b)(4)(E), (F). Pub. L. 107–306, § 811(b)(8)(A)(ii),

(iii), added subpar. (E) and redesignated former subpar.

(E) as (F).

1998—Subsec. (b)(1)(B). Pub. L. 105–347, § 3, inserted

‘‘, or has previously provided,’’ before ‘‘a summary’’.

Subsec. (b)(2). Pub. L. 105–347, § 2(a), amended heading

and text of par. (2) generally. Prior to amendment, text

read as follows: ‘‘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—

‘‘(A) 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

‘‘(B) the consumer has authorized in writing the

procurement of the report by that person.’’

Subsec. (b)(3). Pub. L. 105–347, § 2(b), amended heading

and text of par. (3) generally. Prior to amendment, text

read as follows: ‘‘In using a consumer report for em-

ployment purposes, before taking any adverse action

based in whole or in part on the report, the person in-

tending to take such adverse action shall provide to the

consumer to whom the report relates—

‘‘(A) a copy of the report; and

‘‘(B) a description in writing of the rights of the

consumer under this subchapter, as prescribed by the

Federal Trade Commission under section 1681g(c)(3)

of this title.’’

Subsec. (g). Pub. L. 105–347, § 6(4), struck out ‘‘or a di-

rect marketing transaction’’ after ‘‘or insurance trans-

action’’.

1997—Subsec. (b)(4). Pub. L. 105–107 added par. (4).

1996—Pub. L. 104–208, §§ 2403(a), 2404(a)(1), designated

existing provisions as subsec. (a) and inserted heading,

substituted ‘‘Subject to subsection (c) of this section,

any consumer reporting agency’’ for ‘‘A consumer re-

porting agency’’ in introductory provisions, added sub-

pars. (E) and (F) of par. (3), and struck out former sub-

par. (E) of par. (3) which read as follows: ‘‘otherwise has

a legitimate business need for the information in con-

nection with a business transaction involving the con-

sumer.’’

Subsec. (b). Pub. L. 104–208, § 2403(b), added subsec. (b).

Subsecs. (c) to (e). Pub. L. 104–208, § 2404(a)(2), added

subsecs. (c) to (e).

Subsec. (f). Pub. L. 104–208, § 2404(b), added subsec. (f).

Subsec. (g). Pub. L. 104–208, § 2405, added subsec. (g).

Pars. (4), (5). Pub. L. 104–193 added pars. (4) and (5).

1989—Par. (1). Pub. L. 101–73 inserted ‘‘, or a subpoena

issued in connection with proceedings before a Federal

grand jury’’ before period at end.

FFECTIVE

ATE OF

2010 A

MENDMENT

Amendment by Pub. L. 111–203 effective on the des-

ignated transfer date, see section 1100H of Pub. L.

111–203, set out as a note under section 552a of Title 5,

Government Organization and Employees.

FFECTIVE

ATE OF

2009 A

MENDMENT

Amendment by Pub. L. 111–24 effective 9 months after

May 22, 2009, except as otherwise specifically provided,

see section 3 of Pub. L. 111–24, set out as a note under

section 1602 of this title.

FFECTIVE

ATE OF

2003 A

MENDMENTS

Amendment by Pub. L. 108–177 effective Dec. 31, 2003,

see section 361(n) of Pub. L. 108–177, set out as a note

under section 1611 of Title 10, Armed Forces.

Amendment by Pub. L. 108–159 subject to joint regu-

lations establishing effective dates as prescribed by

Federal Reserve Board and Federal Trade Commission,

except as otherwise provided, see section 3 of Pub. L.

108–159, set out as a note under section 1681 of this title.

Amendment by section 411 of Pub. L. 108–159 effective

at end of 180-day period beginning on Dec. 4, 2003, with

certain exceptions, see section 411(d) of Pub. L. 108–159,

set out as an Effective Date of 2003 Amendment note

under section 1681a of this title.

Pub. L. 108–159, title IV, § 412(g), Dec. 4, 2003, 117 Stat.

2003, provided that: ‘‘The amendments made by this

section [amending this section and sections 1681c, 1681s,

and 1681s–2 of this title] shall take effect at the end of

the 15-month period beginning on the date of enact-

ment of this Act [Dec. 4, 2003].’’

FFECTIVE

ATE OF

1998 A

MENDMENT

Amendment by Pub. L. 105–347 deemed to have same

effective date as amendments made by section 2403 of

Pub. L. 104–208, see section 7 of Pub. L. 105–347, set out

as a note under section 1681a of this title.

FFECTIVE

ATE OF

1997 A

MENDMENT

Pub. L. 105–107, title III, § 311(c), Nov. 20, 1997, 111

Stat. 2256, provided that: ‘‘The amendments made by

subsections (a) and (b) [amending this section and sec-

tion 1681e of this title] shall take effect as if such

amendments had been included in chapter 1 of subtitle

D of the Economic Growth and Regulatory Paperwork

Reduction Act of 1996 [chapter 1 (§§ 2401–2422) of subtitle

D of title II of div. A of Pub. L. 104–208], as of the date

of the enactment of such Act [Sept. 30, 1996].’’

FFECTIVE

ATE OF

1996 A

MENDMENTS

Amendment by Pub. L. 104–208 effective 365 days after

Sept. 30, 1996, with special rule for early compliance,

see section 2420 of Pub. L. 104–208, set out as a note

under section 1681a of this title.

For effective date of amendment by Pub. L. 104–193,

see section 395(a)–(c) of Pub. L. 104–193, set out as a note

under section 654 of Title 42, The Public Health and

Welfare.

UBLIC

WARENESS

AMPAIGN

Pub. L. 108–159, title II, § 213(d), Dec. 4, 2003, 117 Stat.

1979, provided that: ‘‘The Commission shall actively

publicize and conspicuously post on its website any ad-

dress and the toll-free telephone number established as

part of a notification system for opting out of pre-

screening under section 604(e) of the Fair Credit Re-

porting Act (15 U.S.C. 1681b(e)), and otherwise take

measures to increase public awareness regarding the

availability of the right to opt out of prescreening.’’

[For definitions of terms used in section 213(d) of Pub.

L. 108–159, set out above, see section 2 of Pub. L. 108–159,

set out as a Definitions note under section 1681 of this

title.]

OORDINATION

ITH

EDERAL

AWS

ELATING TO

EDICAL

ONFIDENTIALITY

Pub. L. 108–159, title IV, § 412(d), Dec. 4, 2003, 117 Stat.

2002, provided that: ‘‘No provision of any amendment

made by this section [amending this section and sec-

tions 1681c, 1681s, and 1681s–2 of this title] shall be con-

strued as altering, affecting, or superseding the appli-

cability of any other provision of Federal law relating

to medical confidentiality.’’

FTC G

UIDELINES

EGARDING

RESCREENING FOR

NSURANCE

RANSACTIONS

Section 2404(c) of div. A of Pub. L. 104–208 provided

that: ‘‘The Federal Trade Commission may issue such

guidelines as it deems necessary with respect to the use

of consumer reports in connection with insurance

transactions that are not initiated by the consumer

pursuant to section 604(c) of the Fair Credit Reporting

Act [15 U.S.C. 1681b(c)], as added by subsection (a) of

this section.’’

Page 1374 TITLE 15—COMMERCE AND TRADE § 1681c

So in original. Probably should be ‘‘which’’.

§ 1681c. Requirements relating to information

contained in consumer reports

(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 or under the Bank-

ruptcy 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 re-

port by more than seven years or until the gov-

erning statute of limitations has expired, which-

ever is the longer period.

(3) Paid tax liens which, from date of payment,

antedate the report by more than seven years.

(4) Accounts placed for collection or charged

to profit and loss which antedate the report by

more than seven years.

(5) Any other adverse item of information,

other than records of convictions of crimes

which antedates the report by more than seven

years.

(6) The name, address, and telephone number

of any medical information furnisher that has

notified the agency of its status, unless—

(A) such name, address, and telephone num-

ber are restricted or reported using codes that

do not identify, or provide information suffi-

cient to infer, the specific provider or the na-

ture of such services, products, or devices to a

person other than the consumer; or

(B) the report is being provided to an insur-

ance company for a purpose relating to engag-

ing in the business of insurance other than

property and casualty insurance.

(b) Exempted cases

The provisions of paragraphs (1) through (5) 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 prin-

cipal amount of $150,000 or more;

(2) the underwriting of life insurance involv-

ing, 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 rea-

sonably be expected to equal $75,000, or more.

(1) In general

The 7-year period referred to in paragraphs

(4) and (6) of subsection (a) of this section

shall begin, with respect to any delinquent ac-

count that is placed for collection (internally

or by referral to a third party, whichever is

earlier), charged to profit and loss, or sub-

jected to any similar action, upon the expira-

tion of the 180-day period beginning on the

date of the commencement of the delinquency

which immediately preceded the collection ac-

tivity, charge to profit and loss, or similar ac-

tion.

(2) Effective date

Paragraph (1) shall apply only to items of in-

formation added to the file of a consumer on

or after the date that is 455 days after Septem-

ber 30, 1996.

(d) Information required to be disclosed

(1) Title 11 information

Any consumer reporting agency that fur-

nishes a consumer report that contains infor-

mation regarding any case involving the con-

sumer that arises under title 11 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 is with-

drawn by the consumer before a final judg-

ment, the consumer reporting agency shall in-

clude in the report that such case or filing was

withdrawn upon receipt of documentation cer-

tifying such withdrawal.

(2) Key factor in credit score information

Any consumer reporting agency that fur-

nishes a consumer report that contains any

credit score or any other risk score or predic-

tor on any consumer shall include in the re-

port a clear and conspicuous statement that a

key factor (as defined in section 1681g(f)(2)(B)

of this title) that adversely affected such score

or predictor was the number of enquiries, if

such a predictor was in fact a key factor that

adversely affected such score. This paragraph

shall not apply to a check services company,

acting as such, which issues authorizations for

the purpose of approving or processing nego-

tiable instruments, electronic fund transfers,

or similar methods of payments, but only to

the extent that such company is engaged in

such activities.

(e) Indication of closure of account by consumer

If a consumer reporting agency is notified pur-

suant to section 1681s–2(a)(4) of this title that a

credit account of a consumer was voluntarily

closed by the consumer, the agency shall indi-

cate that fact in any consumer report that in-

cludes information related to the account.

(f) Indication of dispute by consumer

If a consumer reporting agency is notified pur-

suant to section 1681s–2(a)(3) of this title that in-

formation regarding a consumer who

was fur-

nished to the agency is disputed by the con-

sumer, the agency shall indicate that fact in

each consumer report that includes the disputed

information.

(g) Truncation of credit card and debit card

numbers

(1) In general

Except as otherwise provided in this sub-

section, no person that accepts credit cards or

debit cards for the transaction of business

shall print more than the last 5 digits of the

card number or the expiration date upon any

receipt provided to the cardholder at the point

of the sale or transaction.

(2) Limitation

This subsection shall apply only to receipts

that are electronically printed, and shall not

apply to transactions in which the sole means

Page 1375 TITLE 15—COMMERCE AND TRADE § 1681c

So in original.

of recording a credit card or debit card ac-

count number is by handwriting or by an im-

print or copy of the card.

(3) Effective date

This subsection shall become effective—

(A) 3 years after December 4, 2003, with re-

spect to any cash register or other machine

or device that electronically prints receipts

for credit card or debit card transactions

that is in use before January 1, 2005; and

(B) 1 year after December 4, 2003, with re-

spect to any cash register or other machine

or device that electronically prints receipts

for credit card or debit card transactions

that is first put into use on or after January

1, 2005.

(h) Notice of discrepancy in address

(1) In general

If a person has requested a consumer report

relating to a consumer from a consumer re-

porting agency described in section 1681a(p) of

this title, the request includes an address for

the consumer that substantially differs from

the addresses in the file of the consumer, and

the agency provides a consumer report in re-

sponse to the request, the consumer reporting

agency shall notify the requester of the exist-

ence of the discrepancy.

(2) Regulations

(A) Regulations required

The Bureau shall,,

in consultation with

the Federal banking agencies, the National

Credit Union Administration, and the Fed-

eral Trade Commission,,

prescribe regula-

tions providing guidance regarding reason-

able policies and procedures that a user of a

consumer report should employ when such

user has received a notice of discrepancy

under paragraph (1).

(B) Policies and procedures to be included

The regulations prescribed under subpara-

graph (A) shall describe reasonable policies

and procedures for use by a user of a con-

sumer report—

(i) to form a reasonable belief that the

user knows the identity of the person to

whom the consumer report pertains; and

(ii) if the user establishes a continuing

relationship with the consumer, and the

user regularly and in the ordinary course

of business furnishes information to the

consumer reporting agency from which the

notice of discrepancy pertaining to the

consumer was obtained, to reconcile the

address of the consumer with the con-

sumer reporting agency by furnishing such

address to such consumer reporting agency

as part of information regularly furnished

by the user for the period in which the re-

lationship is established.

(Pub. L. 90–321, title VI, § 605, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1129;

amended Pub. L. 95–598, title III, § 312(b), Nov. 6,

1978, 92 Stat. 2676; Pub. L. 104–208, div. A, title II,

§ 2406(a)–(e)(1), Sept. 30, 1996, 110 Stat. 3009–434,

3009–435; Pub. L. 105–347, § 5, Nov. 2, 1998, 112 Stat.

3211; Pub. L. 108–159, title I, § 113, title II, § 212(d),

title III, § 315, title IV, § 412(b), (c), title VIII,

§ 811(c)(1), (2)(A), Dec. 4, 2003, 117 Stat. 1959, 1977,

1996, 2002, 2011; Pub. L. 111–203, title X,

§ 1088(a)(2)(D), (5), July 21, 2010, 124 Stat. 2087.)

EFERENCES IN

EXT

The Bankruptcy Act, referred to in subsec. (a)(1), was

act July 1, 1898, ch. 541, 30 Stat. 544, as amended, which

was classified to section 1 et seq. of former Title 11,

Bankruptcy, prior to its repeal by Pub. L. 95–598, Nov.

6, 1978, 92 Stat. 2549, section 101 of which enacted re-

vised Title 11.

MENDMENTS

2010—Subsec. (h)(2)(A). Pub. L. 111–203, § 1088(a)(5),

substituted ‘‘, in consultation with the Federal bank-

ing agencies, the National Credit Union Administra-

tion, and the Federal Trade Commission,’’ for ‘‘with re-

spect to the entities that are subject to their respective

enforcement authority under section 1681s of this

title’’.

Pub. L. 111–203, § 1088(a)(2)(D), substituted ‘‘The Bu-

reau shall’’ for ‘‘The Federal banking agencies, the Na-

tional Credit Union Administration, and the Commis-

sion shall jointly’’.

2003—Subsec. (a)(1). Pub. L. 108–159, § 811(c)(1), sub-

stituted ‘‘(1) Cases’’ for ‘‘(1) cases’’.

Subsec. (a)(2). Pub. L. 108–159, § 811(c)(2)(A), made

technical correction to directory language of Pub. L.

105–347, § 5(1). See 1998 Amendment note below.

Subsec. (a)(6). Pub. L. 108–159, § 412(b), added par. (6).

Subsec. (b). Pub. L. 108–159, § 412(c), substituted ‘‘The

provisions of paragraphs (1) through (5) of subsection

(a)’’ for ‘‘The provisions of subsection (a)’’ in introduc-

tory provisions.

Subsec. (d). Pub. L. 108–159, § 212(d), designated exist-

ing provisions as par. (1), inserted heading, and added

par. (2).

Subsec. (g). Pub. L. 108–159, § 113, added subsec. (g).

Subsec. (h). Pub. L. 108–159, § 315, added subsec. (h).

1998—Subsec. (a)(2). Pub. L. 105–347, § 5(1), as amended

by Pub. L. 108–159, § 811(c)(2)(A), substituted ‘‘Civil

suits, civil judgments, and records of arrest that’’ for

‘‘Suits and judgments which’’.

Subsec. (a)(5), (6). Pub. L. 105–347, § 5(2)–(4), redesig-

nated par. (6) as (5), inserted ‘‘, other than records of

convictions of crimes’’ after ‘‘of information’’, and

struck out former par. (5) which read as follows:

‘‘Records of arrest, indictment, or conviction of crime

which, from date of disposition, release, or parole, ante-

date the report by more than seven years.’’

1996—Pub. L. 104–208, § 2406(e)(1), amended section

catchline.

Subsec. (a). Pub. L. 104–208, § 2406(a)(1), inserted head-

ing.

Subsec. (b). Pub. L. 104–208, § 2406(a)(2), substituted

‘‘$150,000’’ for ‘‘$50,000’’ in pars. (1) and (2) and ‘‘$75,000’’

for ‘‘$20,000’’ in par. (3).

Subsec. (c). Pub. L. 104–208, § 2406(b), added subsec. (c).

Subsec. (d). Pub. L. 104–208, § 2406(c), added subsec. (d).

Subsecs. (e), (f). Pub. L. 104–208, § 2406(d), added sub-

secs. (e) and (f).

1978—Subsec. (a)(1). Pub. L. 95–598 substituted ‘‘cases

under title 11 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’’ for ‘‘Bankruptcies which, from

date of adjudication of the most recent bankruptcy,

antedate the report by more than fourteen years’’.

FFECTIVE

ATE OF

2010 A

MENDMENT

Amendment by Pub. L. 111–203 effective on the des-

ignated transfer date, see section 1100H of Pub. L.

111–203, set out as a note under section 552a of Title 5,

Government Organization and Employees.

FFECTIVE

ATE OF

2003 A

MENDMENT

Amendment by Pub. L. 108–159 subject to joint regu-

lations establishing effective dates as prescribed by

Page 1376 TITLE 15—COMMERCE AND TRADE § 1681c–1

Federal Reserve Board and Federal Trade Commission,

except as otherwise provided, see section 3 of Pub. L.

108–159, set out as a note under section 1681 of this title.

Amendment by section 412 of Pub. L. 108–159 effective

at end of 15-month period beginning on Dec. 4, 2003, see

section 412(g) of Pub. L. 108–159, set out as a note under

section 1681b of this title.

Pub. L. 108–159, title VIII, § 811(c)(2)(B), Dec. 4, 2003,

117 Stat. 2011, provided that: ‘‘The amendment made by

subparagraph (A) [amending this section] shall be

deemed to have the same effective date as section 5(1)

of Public Law 105–347 (112 Stat. 3211) [see Effective Date

of 1998 Amendment note below].’’

FFECTIVE

ATE OF

1998 A

MENDMENT

Amendment by Pub. L. 105–347 deemed to have same

effective date as amendments made by section 2403 of

Pub. L. 104–208, see section 7 of Pub. L. 105–347, set out

as a note under section 1681a of this title.

FFECTIVE

ATE OF

1996 A

MENDMENT

Amendment by Pub. L. 104–208 effective 365 days after

Sept. 30, 1996, with special rule for early compliance,

see section 2420 of Pub. L. 104–208, set out as a note

under section 1681a of this title.

FFECTIVE

ATE OF

1978 A

MENDMENT

Amendment by Pub. L. 95–598 effective Oct. 1, 1979,

see section 402(a) of Pub. L. 95–598, set out as an Effec-

tive Date note preceding section 101 of Title 11, Bank-

ruptcy.

§ 1681c–1. Identity theft prevention; fraud alerts

and active duty alerts

(a) One-call fraud alerts

(1) Initial alerts

Upon the direct request of a consumer, or an

individual acting on behalf of or as a personal

representative of a consumer, who asserts in

good faith a suspicion that the consumer has

been or is about to become a victim of fraud or

related crime, including identity theft, a con-

sumer reporting agency described in section

1681a(p) of this title that maintains a file on

the consumer and has received appropriate

proof of the identity of the requester shall—

(A) include a fraud alert in the file of that

consumer, and also provide that alert along

with any credit score generated in using

that file, for a period of not less than 90

days, beginning on the date of such request,

unless the consumer or such representative

requests that such fraud alert be removed

before the end of such period, and the agency

has received appropriate proof of the iden-

tity of the requester for such purpose; and

(B) refer the information regarding the

fraud alert under this paragraph to each of

the other consumer reporting agencies de-

scribed in section 1681a(p) of this title, in ac-

cordance with procedures developed under

section 1681s(f) of this title.

(2) Access to free reports

In any case in which a consumer reporting

agency includes a fraud alert in the file of a

consumer pursuant to this subsection, the con-

sumer reporting agency shall—

(A) disclose to the consumer that the con-

sumer may request a free copy of the file of

the consumer pursuant to section 1681j(d) of

this title; and

(B) provide to the consumer all disclosures

required to be made under section 1681g of

this title, without charge to the consumer,

not later than 3 business days after any re-

quest described in subparagraph (A).

(b) Extended alerts

(1) In general

Upon the direct request of a consumer, or an

individual acting on behalf of or as a personal

representative of a consumer, who submits an

identity theft report to a consumer reporting

agency described in section 1681a(p) of this

title that maintains a file on the consumer, if

the agency has received appropriate proof of

the identity of the requester, the agency

shall—

(A) include a fraud alert in the file of that

consumer, and also provide that alert along

with any credit score generated in using

that file, during the 7-year period beginning

on the date of such request, unless the con-

sumer or such representative requests that

such fraud alert be removed before the end

of such period and the agency has received

appropriate proof of the identity of the re-

quester for such purpose;

(B) during the 5-year period beginning on

the date of such request, exclude the con-

sumer from any list of consumers prepared

by the consumer reporting agency and pro-

vided to any third party to offer credit or in-

surance to the consumer as part of a trans-

action that was not initiated by the con-

sumer, unless the consumer or such rep-

resentative requests that such exclusion be

rescinded before the end of such period; and

tended fraud alert under this paragraph to

each of the other consumer reporting agen-

cies described in section 1681a(p) of this

title, in accordance with procedures devel-

oped under section 1681s(f) of this title.

(2) Access to free reports

In any case in which a consumer reporting

agency includes a fraud alert in the file of a

consumer pursuant to this subsection, the con-

sumer reporting agency shall—

(A) disclose to the consumer that the con-

sumer may request 2 free copies of the file of

the consumer pursuant to section 1681j(d) of

this title during the 12-month period begin-

ning on the date on which the fraud alert

was included in the file; and

(B) provide to the consumer all disclosures

required to be made under section 1681g of

this title, without charge to the consumer,

not later than 3 business days after any re-

quest described in subparagraph (A).

Upon the direct request of an active duty mili-

tary consumer, or an individual acting on behalf

of or as a personal representative of an active

duty military consumer, a consumer reporting

agency described in section 1681a(p) of this title

that maintains a file on the active duty military

consumer and has received appropriate proof of

the identity of the requester shall—

(1) include an active duty alert in the file of

that active duty military consumer, and also

provide that alert along with any credit score

generated in using that file, during a period of

Page 1377 TITLE 15—COMMERCE AND TRADE § 1681c–1

See References in Text note below.

not less than 12 months, or such longer period

as the Bureau shall determine, by regulation,

beginning on the date of the request, unless

the active duty military consumer or such

representative requests that such fraud alert

be removed before the end of such period, and

the agency has received appropriate proof of

the identity of the requester for such purpose;

(2) during the 2-year period beginning on the

date of such request, exclude the active duty

military consumer from any list of consumers

prepared by the consumer reporting agency

and provided to any third party to offer credit

or insurance to the consumer as part of a

transaction that was not initiated by the con-

sumer, unless the consumer requests that such

exclusion be rescinded before the end of such

period; and

(3) refer the information regarding the ac-

tive duty alert to each of the other consumer

reporting agencies described in section

1681a(p) of this title, in accordance with proce-

dures developed under section 1681s(f) of this

title.

(d) Procedures

Each consumer reporting agency described in

section 1681a(p) of this title shall establish poli-

cies and procedures to comply with this section,

including procedures that inform consumers of

the availability of initial, extended, and active

duty alerts and procedures that allow consumers

and active duty military consumers to request

initial, extended, or active duty alerts (as appli-

cable) in a simple and easy manner, including by

telephone.

(e) Referrals of alerts

Each consumer reporting agency described in

section 1681a(p) of this title that receives a re-

ferral of a fraud alert or active duty alert from

another consumer reporting agency pursuant to

this section shall, as though the agency received

the request from the consumer directly, follow

the procedures required under—

(1) paragraphs (1)(A) and (2) of subsection (a)

of this section, in the case of a referral under

subsection (a)(1)(B) of this section;

(2) paragraphs (1)(A), (1)(B), and (2) of sub-

section (b) of this section, in the case of a re-

ferral under subsection (b)(1)(C) of this sec-

tion; and

(3) paragraphs (1) and (2) of subsection (c) of

this section, in the case of a referral under

subsection (c)(3) of this section.

(f) Duty of reseller to reconvey alert

A reseller shall include in its report any fraud

alert or active duty alert placed in the file of a

consumer pursuant to this section by another

consumer reporting agency.

(g) Duty of other consumer reporting agencies to

provide contact information

If a consumer contacts any consumer report-

ing agency that is not described in section

1681a(p) of this title to communicate a suspicion

that the consumer has been or is about to be-

come a victim of fraud or related crime, includ-

ing identity theft, the agency shall provide in-

formation to the consumer on how to contact

the Bureau and the consumer reporting agencies

described in section 1681a(p) of this title to ob-

tain more detailed information and request

alerts under this section.

(h) Limitations on use of information for credit

extensions

(1) Requirements for initial and active duty

alerts

(A) Notification

Each initial fraud alert and active duty

alert under this section shall include infor-

mation that notifies all prospective users of

a consumer report on the consumer to which

the alert relates that the consumer does not

authorize the establishment of any new

credit plan or extension of credit, other than

under an open-end credit plan (as defined in

section 1602(i)

of this title), in the name of

the consumer, or issuance of an additional

card on an existing credit account requested

by a consumer, or any increase in credit

limit on an existing credit account re-

quested by a consumer, except in accordance

with subparagraph (B).

(B) Limitation on users

(i) In general

No prospective user of a consumer report

that includes an initial fraud alert or an

active duty alert in accordance with this

section may establish a new credit plan or

extension of credit, other than under an

open-end credit plan (as defined in section

1602(i)

of this title), in the name of the

consumer, or issue an additional card on

an existing credit account requested by a

consumer, or grant any increase in credit

limit on an existing credit account re-

quested by a consumer, unless the user uti-

lizes reasonable policies and procedures to

form a reasonable belief that the user

knows the identity of the person making

the request.

(ii) Verification

If a consumer requesting the alert has

specified a telephone number to be used for

identity verification purposes, before au-

thorizing any new credit plan or extension

described in clause (i) in the name of such

consumer, a user of such consumer report

shall contact the consumer using that

telephone number or take reasonable steps

to verify the consumer’s identity and con-

firm that the application for a new credit

plan is not the result of identity theft.

(2) Requirements for extended alerts

(A) Notification

Each extended alert under this section

shall include information that provides all

prospective users of a consumer report relat-

ing to a consumer with—

(i) notification that the consumer does

not authorize the establishment of any

new credit plan or extension of credit de-

scribed in clause (i), other than under an

open-end credit plan (as defined in section

1602(i)

of this title), in the name of the

Page 1378 TITLE 15—COMMERCE AND TRADE § 1681c–2

consumer, or issuance of an additional

card on an existing credit account re-

quested by a consumer, or any increase in

credit limit on an existing credit account

requested by a consumer, except in accord-

ance with subparagraph (B); and

(ii) a telephone number or other reason-

able contact method designated by the

consumer.

(B) Limitation on users

No prospective user of a consumer report

or of a credit score generated using the in-

formation in the file of a consumer that in-

cludes an extended fraud alert in accordance

with this section may establish a new credit

plan or extension of credit, other than under

an open-end credit plan (as defined in sec-

tion 1602(i)

of this title), in the name of the

consumer, or issue an additional card on an

existing credit account requested by a con-

sumer, or any increase in credit limit on an

existing credit account requested by a con-

sumer, unless the user contacts the con-

sumer in person or using the contact method

described in subparagraph (A)(ii) to confirm

that the application for a new credit plan or

increase in credit limit, or request for an ad-

ditional card is not the result of identity

theft.

(Pub. L. 90–321, title VI, § 605A, as added Pub. L.

108–159, title I, § 112(a), Dec. 4, 2003, 117 Stat. 1955;

amended Pub. L. 111–203, title X, § 1088(a)(2)(C),

July 21, 2010, 124 Stat. 2087.)

EFERENCES IN

EXT

Section 1602(i) of this title, referred to in subsec. (h),

was redesignated section 1602(j) of this title by Pub. L.

111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107.

MENDMENTS

2010—Subsecs. (c)(1), (g). Pub. L. 111–203 substituted

‘‘the Bureau’’ for ‘‘the Commission’’.

FFECTIVE

ATE OF

2010 A

MENDMENT

Amendment by Pub. L. 111–203 effective on the des-

ignated transfer date, see section 1100H of Pub. L.

111–203, set out as a note under section 552a of Title 5,

Government Organization and Employees.

FFECTIVE

ATE

Section subject to joint regulations establishing ef-

fective dates as prescribed by Federal Reserve Board

and Federal Trade Commission, except as otherwise

provided, see section 3 of Pub. L. 108–159, set out as an

Effective Date of 2003 Amendment note under section

1681 of this title.

EGULATIONS

Pub. L. 108–159, title I, § 112(b), Dec. 4, 2003, 117 Stat.

1959, as amended by Pub. L. 111–203, title X, § 1088(b)(1),

July 21, 2010, 124 Stat. 2092, provided that: ‘‘The Bureau

shall prescribe regulations to define what constitutes

appropriate proof of identity for purposes of sections

605A , 605B, and 609(a)(1) of the Fair Credit Reporting

Act [15 U.S.C. 1681c–1, 1681c–2, 1681g(a)(1)], as amended

by this Act.’’

UBLIC

AMPAIGN

REVENT

DENTITY

HEFT

Pub. L. 108–159, title I, § 151(b), Dec. 4, 2003, 117 Stat.

1964, provided that: ‘‘Not later than 2 years after the

date of enactment of this Act [Dec. 4, 2003], the Com-

mission shall establish and implement a media and dis-

tribution campaign to teach the public how to prevent

identity theft. Such campaign shall include existing

Commission education materials, as well as radio, tele-

vision, and print public service announcements, video

cassettes, interactive digital video discs (DVD’s) or

compact audio discs (CD’s), and Internet resources.’’

[For definitions of terms used in section 151(b) of Pub.

L. 108–159, set out above, see section 2 of Pub. L. 108–159,

set out as a Definitions note under section 1681 of this

title.]

§ 1681c–2. Block of information resulting from

identity theft

(a) Block

Except as otherwise provided in this section, a

consumer reporting agency shall block the re-

porting of any information in the file of a con-

sumer that the consumer identifies as informa-

tion that resulted from an alleged identity

theft, not later than 4 business days after the

date of receipt by such agency of—

(1) appropriate proof of the identity of the

consumer;

(2) a copy of an identity theft report;

(3) the identification of such information by

the consumer; and

(4) a statement by the consumer that the in-

formation is not information relating to any

transaction by the consumer.

(b) Notification

A consumer reporting agency shall promptly

notify the furnisher of information identified by

the consumer under subsection (a) of this sec-

tion—

(1) that the information may be a result of

identity theft;

(2) that an identity theft report has been

filed;

(3) that a block has been requested under

this section; and

(4) of the effective dates of the block.

(1) In general

A consumer reporting agency may decline to

block, or may rescind any block, of informa-

tion relating to a consumer under this section,

if the consumer reporting agency reasonably

determines that—

(A) the information was blocked in error

or a block was requested by the consumer in

error;

(B) the information was blocked, or a

block was requested by the consumer, on the

basis of a material misrepresentation of fact

by the consumer relevant to the request to

block; or

goods, services, or money as a result of the

blocked transaction or transactions.

(2) Notification to consumer

If a block of information is declined or re-

scinded under this subsection, the affected

consumer shall be notified promptly, in the

same manner as consumers are notified of the

reinsertion of information under section

1681i(a)(5)(B) of this title.

(3) Significance of block

For purposes of this subsection, if a con-

sumer reporting agency rescinds a block, the

Page 1379 TITLE 15—COMMERCE AND TRADE § 1681d

presence of information in the file of a con-

sumer prior to the blocking of such informa-

tion is not evidence of whether the consumer

knew or should have known that the consumer

obtained possession of any goods, services, or

money as a result of the block.

(d) Exception for resellers

(1) No reseller file

This section shall not apply to a consumer

reporting agency, if the consumer reporting

agency—

(A) is a reseller;

(B) is not, at the time of the request of the

consumer under subsection (a) of this sec-

tion, otherwise furnishing or reselling a con-

sumer report concerning the information

identified by the consumer; and

that the consumer may report the identity

theft to the Bureau to obtain consumer in-

formation regarding identity theft.

(2) Reseller with file

The sole obligation of the consumer report-

ing agency under this section, with regard to

any request of a consumer under this section,

shall be to block the consumer report main-

tained by the consumer reporting agency from

any subsequent use, if—

(A) the consumer, in accordance with the

provisions of subsection (a) of this section,

identifies, to a consumer reporting agency,

information in the file of the consumer that

resulted from identity theft; and

(B) the consumer reporting agency is a re-

seller of the identified information.

(3) Notice

In carrying out its obligation under para-

graph (2), the reseller shall promptly provide a

notice to the consumer of the decision to

block the file. Such notice shall contain the

name, address, and telephone number of each

consumer reporting agency from which the

consumer information was obtained for resale.

(e) Exception for verification companies

The provisions of this section do not apply to

a check services company, acting as such, which

issues authorizations for the purpose of approv-

ing or processing negotiable instruments, elec-

tronic fund transfers, or similar methods of pay-

ments, except that, beginning 4 business days

after receipt of information described in para-

graphs (1) through (3) of subsection (a) of this

section, a check services company shall not re-

port to a national consumer reporting agency

described in section 1681a(p) of this title, any in-

formation identified in the subject identity

theft report as resulting from identity theft.

(f) Access to blocked information by law enforce-

ment agencies

No provision of this section shall be construed

as requiring a consumer reporting agency to

prevent a Federal, State, or local law enforce-

ment agency from accessing blocked informa-

tion in a consumer file to which the agency

could otherwise obtain access under this sub-

chapter.

(Pub. L. 90–321, title VI, § 605B, as added Pub. L.

108–159, title I, § 152(a), Dec. 4, 2003, 117 Stat. 1964;

amended Pub. L. 111–203, title X, § 1088(a)(2)(C),

July 21, 2010, 124 Stat. 2087.)

MENDMENTS

2010—Subsec. (d)(1)(C). Pub. L. 111–203 substituted

‘‘the Bureau’’ for ‘‘the Commission’’.

FFECTIVE

ATE OF

2010 A

MENDMENT

Amendment by Pub. L. 111–203 effective on the des-

ignated transfer date, see section 1100H of Pub. L.

111–203, set out as a note under section 552a of Title 5,

Government Organization and Employees.

FFECTIVE

ATE

Section subject to joint regulations establishing ef-

fective dates as prescribed by Federal Reserve Board

and Federal Trade Commission, except as otherwise

provided, see section 3 of Pub. L. 108–159, set out as an

Effective Date of 2003 Amendment note under section

1681 of this title.

§ 1681d. Disclosure of investigative consumer re-

ports

(a) Disclosure of fact of preparation

A person may not procure or cause to be pre-

pared 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 char-

acter, general reputation, personal character-

istics, and mode of living, whichever are appli-

cable, may be made, and such disclosure (A) is

made in a writing mailed, or otherwise deliv-

ered, 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 pre-

pared pursuant to section 1681g(c) of this title;

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) of this section.

(b) Disclosure on request of nature and scope of

investigation

Any person who procures or causes to be pre-

pared 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 re-

quired 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 re-

quest for such disclosure was received from the

consumer or such report was first requested,

whichever is the later.

sonable procedures for compliance with pro-

visions

No person may be held liable for any violation

of subsection (a) or (b) of this section if he shows

Page 1380 TITLE 15—COMMERCE AND TRADE § 1681e

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 pre-

pare or furnish an investigative consumer re-

port unless the agency has received a certifi-

cation under subsection (a)(2) of this section

from the person who requested the report.

(2) Inquiries

A consumer reporting agency shall not make

an inquiry for the purpose of preparing an in-

vestigative consumer report on a consumer for

employment purposes if the making of the in-

quiry by an employer or prospective employer

of the consumer would violate any applicable

Federal or State equal employment oppor-

tunity law or regulation.

(3) Certain public record information

Except as otherwise provided in section

1681k of this title, a consumer reporting agen-

cy 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, un-

less the agency has verified the accuracy of

the information during the 30-day period end-

ing on the date on which the report is fur-

nished.

(4) Certain adverse information

A consumer reporting agency shall not pre-

pare or furnish an investigative consumer re-

port on a consumer that contains information

that is adverse to the interest of the consumer

and that is obtained through a personal inter-

view 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, un-

less—

(A) the agency has followed reasonable

procedures to obtain confirmation of the in-

formation, from an additional source that

has independent and direct knowledge of the

information; or

(B) the person interviewed is the best pos-

sible source of the information.

(Pub. L. 90–321, title VI, § 606, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1130;

amended Pub. L. 104–208, div. A, title II,

§§ 2408(d)(2), 2414, Sept. 30, 1996, 110 Stat. 3009–438,

3009–449.)

MENDMENTS

1996—Subsec. (a)(1)(B). Pub. L. 104–208, §§ 2408(d)(2),

2414(1), inserted ‘‘and the written summary of the

rights of the consumer prepared pursuant to section

1681g(c) of this title’’ before the semicolon and sub-

stituted ‘‘and’’ for ‘‘or’’ at end.

Subsec. (a)(2). Pub. L. 104–208, § 2414(2), added par. (2)

and struck out former par. (2) which read as follows:

‘‘the report is to be used for employment purposes for

which the consumer has not specifically applied.’’

Subsec. (b). Pub. L. 104–208, § 2414(3), substituted

‘‘, make a complete’’ for ‘‘, shall make a complete’’.

Subsec. (d). Pub. L. 104–208, § 2414(4), added subsec. (d).

FFECTIVE

ATE OF

1996 A

MENDMENT

Amendment by Pub. L. 104–208 effective 365 days after

Sept. 30, 1996, with special rule for early compliance,

see section 2420 of Pub. L. 104–208, set out as a note

under section 1681a of this title.

§ 1681e. Compliance procedures

(a) Identity and purposes of credit users

Every consumer reporting agency shall main-

tain reasonable procedures designed to avoid

violations of section 1681c of this title and to

limit the furnishing of consumer reports to the

purposes listed under section 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 re-

porting 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 con-

sumer 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

1681b of this title.

(b) Accuracy of report

Whenever a consumer reporting agency pre-

pares a consumer report it shall follow reason-

able procedures to assure maximum possible ac-

curacy of the information concerning the indi-

vidual about whom the report relates.

lowed

A consumer reporting agency may not pro-

hibit a user of a consumer report furnished by

the agency on a consumer from disclosing the

contents of the report to the consumer, if ad-

verse 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 subchapter.

(2) Content of notice

The Bureau shall prescribe the content of

notices under paragraph (1), and a consumer

reporting agency shall be in compliance with

this subsection if it provides a notice under

paragraph (1) that is substantially similar to

the Bureau prescription under this paragraph.

(e) Procurement of consumer report for resale

(1) Disclosure

A person may not procure a consumer report

for purposes of reselling the report (or any in-

formation in the report) unless the person dis-

closes to the consumer reporting agency that

originally furnishes the report—

Page 1381 TITLE 15—COMMERCE AND TRADE § 1681g

See References in Text note below.

(A) the identity of the end-user of the re-

port (or information); and

(B) each permissible purpose under section

1681b of this title for which the report is fur-

nished to the end-user of the report (or infor-

mation).

(2) Responsibilities of procurers for resale

A person who procures a consumer report for

purposes of reselling the report (or any infor-

mation in the report) shall—

(A) establish and comply with reasonable

procedures designed to ensure that the re-

port (or information) is resold by the person

only for a purpose for which the report may

be furnished under section 1681b of this title,

including by requiring that each person to

which the report (or information) is resold

and that resells or provides the report (or in-

formation) 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 informa-

tion) will be used for no other purpose; and

(B) before reselling the report, make rea-

sonable 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 per-

son who procures a consumer report for pur-

poses of reselling the report (or any informa-

tion in the report) shall not disclose the iden-

tity of the end-user of the report under para-

graph (1) or (2) if—

(A) the end user is an agency or depart-

ment 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 1681b(b)(4)(E)(i)

of this

title); 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 per-

sons employed by or contracting with, or un-

dergoing investigation for work or contract-

ing with the agency or department.

(Pub. L. 90–321, title VI, § 607, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1130;

amended Pub. L. 104–208, div. A, title II, § 2407,

Sept. 30, 1996, 110 Stat. 3009–435; Pub. L. 105–107,

title III, § 311(b), Nov. 20, 1997, 111 Stat. 2256; Pub.

L. 111–203, title X, § 1088(a)(2)(A), July 21, 2010,

124 Stat. 2087.)

EFERENCES IN

EXT

Section 1681b(b)(4) of this title, referred to in subsec.

(e)(3)(A), was subsequently amended, and section

1681b(b)(4)(E) no longer defines the term ‘‘classified in-

formation’’. However, such term is defined elsewhere in

that section.

MENDMENTS

2010—Subsec. (d)(2). Pub. L. 111–203 substituted ‘‘Bu-

reau’’ for ‘‘Federal Trade Commission’’ in two places.

1997—Subsec. (e)(3). Pub. L. 105–107 added par. (3).

1996—Subsecs. (c) to (e). Pub. L. 104–208 added subsecs.

FFECTIVE

ATE OF

2010 A

MENDMENT

Amendment by Pub. L. 111–203 effective on the des-

ignated transfer date, see section 1100H of Pub. L.

111–203, set out as a note under section 552a of Title 5,

Government Organization and Employees.

FFECTIVE

ATE OF

1997 A

MENDMENT

Amendment by Pub. L. 105–107 effective as if included

in chapter 1 of subtitle D of the Economic Growth and

Regulatory Paperwork Reduction Act of 1996, Pub. L.

104–208, as of Sept. 30, 1996, see section 311(c) of Pub. L.

105–107, set out as a note under section 1681b of this

title.

FFECTIVE

ATE OF

1996 A

MENDMENT

Amendment by Pub. L. 104–208 effective 365 days after

Sept. 30, 1996, with special rule for early compliance,

see section 2420 of Pub. L. 104–208, set out as a note

under section 1681a of this title.

§ 1681f. Disclosures to governmental agencies

Notwithstanding the provisions of section

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.

(Pub. L. 90–321, title VI, § 608, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1131.)

§ 1681g. Disclosures to consumers

(a) Information on file; sources; report recipients

Every consumer reporting agency shall, upon

request, and subject to section 1681h(a)(1) of this

title, clearly and accurately disclose to the con-

sumer:

(1) All information in the consumer’s file at

the time of the request, except that—

(A) if the consumer to whom the file relates

requests that the first 5 digits of the social se-

curity number (or similar identification num-

ber) of the consumer not be included in the

disclosure and the consumer reporting agency

has received appropriate proof of the identity

of the requester, the consumer reporting agen-

cy shall so truncate such number in such dis-

closure; and

(B) nothing in this paragraph shall be con-

strued 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 re-

port and actually used for no other purpose need

not be disclosed: Provided, That in the event an

action is brought under this subchapter, 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 1681e(e)(1)

of this title) that procured a consumer report—

(i) for employment purposes, during the 2-

year period preceding the date on which the

request is made; or

Page 1382 TITLE 15—COMMERCE AND TRADE § 1681g

See References in Text note below.

So in original. Probably should be ‘‘Bureau’’.

(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 sub-

paragraph (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 ad-

dress and telephone number of the person.

(i) the end user is an agency or department

of the United States Government that pro-

cures 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 1681b(b)(4)(E)(i)

of this

title); and

(ii) the head of the agency or department

makes a written finding as prescribed under

section 1681b(b)(4)(A) of this title.

(4) The dates, original payees, and amounts of

any checks upon which is based any adverse

characterization of the consumer, included in

the file at the time of the disclosure.

(5) A record of all inquiries received by the

agency during the 1-year period preceding the

request that identified the consumer in connec-

tion with a credit or insurance transaction that

was not initiated by the consumer.

(6) If the consumer requests the credit file and

not the credit score, a statement that the con-

sumer may request and obtain a credit score.

(b) Exempt information

The requirements of subsection (a) of this sec-

tion respecting the disclosure of sources of in-

formation and the recipients of consumer re-

ports do not apply to information received or

consumer reports furnished prior to the effective

date of this subchapter except to the extent that

the matter involved is contained in the files of

the consumer reporting agency on that date.

formation in consumer reports and to obtain

credit scores

(1) Commission

summary of rights required

(A) In general

The Commission

shall prepare a model

summary of the rights of consumers under

this subchapter.

(B) Content of summary

The summary of rights prepared under

subparagraph (A) shall include a description

of—

(i) the right of a consumer to obtain a

copy of a consumer report under sub-

section (a) of this section from each con-

sumer reporting agency;

(ii) the frequency and circumstances

under which a consumer is entitled to re-

ceive a consumer report without charge

under section 1681j of this title;

(iii) the right of a consumer to dispute

information in the file of the consumer

under section 1681i of this title;

(iv) the right of a consumer to obtain a

credit score from a consumer reporting

agency, and a description of how to obtain

a credit score;

(v) the method by which a consumer can

contact, and obtain a consumer report

from, a consumer reporting agency with-

out charge, as provided in the regulations

of the Bureau prescribed under section

211(c)

of the Fair and Accurate Credit

Transactions Act of 2003; and

(vi) the method by which a consumer can

contact, and obtain a consumer report

from, a consumer reporting agency de-

scribed in section 1681a(w)

of this title, as

provided in the regulations of the Bureau

prescribed under section 1681j(a)(1)(C) of

this title.

The Commission

shall—

(i) actively publicize the availability of

the summary of rights prepared under this

paragraph;

(ii) conspicuously post on its Internet

website the availability of such summary

of rights; and

(iii) promptly make such summary of

rights available to consumers, on request.

(2) Summary of rights required to be included

with agency disclosures

A consumer reporting agency shall provide

to a consumer, with each written disclosure by

the agency to the consumer under this sec-

tion—

(A) the summary of rights prepared by the

Bureau under paragraph (1);

(B) in the case of a consumer reporting

agency described in section 1681a(p) of this

title, a toll-free telephone number estab-

lished by the agency, at which personnel are

accessible to consumers during normal busi-

ness hours;

sible for enforcing any provision of this sub-

chapter, 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 (or the equiva-

lent thereof) to learn of those rights; and

(E) a statement that a consumer reporting

agency is not required to remove accurate

derogatory information from the file of a

consumer, unless the information is out-

dated under section 1681c of this title or can-

not be verified.

(d) Summary of rights of identity theft victims

(1) In general

The Commission,

in consultation with the

Federal banking agencies and the National

Credit Union Administration, shall prepare a

model summary of the rights of consumers

under this subchapter with respect to the pro-

cedures for remedying the effects of fraud or

identity theft involving credit, an electronic

Page 1383 TITLE 15—COMMERCE AND TRADE § 1681g

So in original. The word ‘‘an’’ probably should not appear.

fund transfer, or an account or transaction at

or with a financial institution or other credi-

tor.

(2) Summary of rights and contact information

Beginning 60 days after the date on which

the model summary of rights is prescribed in

final form by the Bureau pursuant to para-

graph (1), if any consumer contacts a con-

sumer reporting agency and expresses a belief

that the consumer is a victim of fraud or iden-

tity theft involving credit, an electronic fund

transfer, or an account or transaction at or

with a financial institution or other creditor,

the consumer reporting agency shall, in addi-

tion to any other action that the agency may

take, provide the consumer with a summary of

rights that contains all of the information re-

quired by the Bureau under paragraph (1), and

information on how to contact the Bureau to

obtain more detailed information.

(e) Information available to victims

(1) In general

For the purpose of documenting fraudulent

transactions resulting from identity theft, not

later than 30 days after the date of receipt of

a request from a victim in accordance with

paragraph (3), and subject to verification of

the identity of the victim and the claim of

identity theft in accordance with paragraph

(2), a business entity that has provided credit

to, provided for consideration products, goods,

or services to, accepted payment from, or

otherwise entered into a commercial trans-

action for consideration with, a person who

has allegedly made unauthorized use of the

means of identification of the victim, shall

provide a copy of application and business

transaction records in the control of the busi-

ness entity, whether maintained by the busi-

ness entity or by another person on behalf of

the business entity, evidencing any trans-

action alleged to be a result of identity theft

to—

(A) the victim;

(B) any Federal, State, or local govern-

ment law enforcement agency or officer

specified by the victim in such a request; or

tigating the identity theft and authorized by

the victim to take receipt of records pro-

vided under this subsection.

(2) Verification of identity and claim

Before a business entity provides any infor-

mation under paragraph (1), unless the busi-

ness entity, at its discretion, otherwise has a

high degree of confidence that it knows the

identity of the victim making a request under

paragraph (1), the victim shall provide to the

business entity—

(A) as proof of positive identification of

the victim, at the election of the business

entity—

(i) the presentation of a government-is-

sued identification card;

(ii) personally identifying information of

the same type as was provided to the busi-

ness entity by the unauthorized person; or

(iii) personally identifying information

that the business entity typically requests

from new applicants or for new trans-

actions, at the time of the victim’s request

for information, including any documenta-

tion described in clauses (i) and (ii); and

(B) as proof of a claim of identity theft, at

the election of the business entity—

(i) a copy of a police report evidencing

the claim of the victim of identity theft;

and

(ii) a properly completed—

(I) copy of a standardized affidavit of

identity theft developed and made avail-

able by the Bureau; or

(II) an

affidavit of fact that is accept-

able to the business entity for that pur-

pose.

(3) Procedures

The request of a victim under paragraph (1)

shall—

(A) be in writing;

(B) be mailed to an address specified by

the business entity, if any; and

relevant information about any transaction

alleged to be a result of identity theft to fa-

cilitate compliance with this section includ-

ing—

(i) if known by the victim (or if readily

obtainable by the victim), the date of the

application or transaction; and

(ii) if known by the victim (or if readily

obtainable by the victim), any other iden-

tifying information such as an account or

transaction number.

(4) No charge to victim

Information required to be provided under

paragraph (1) shall be so provided without

charge.

(5) Authority to decline to provide information

A business entity may decline to provide in-

formation under paragraph (1) if, in the exer-

cise of good faith, the business entity deter-

mines that—

(A) this subsection does not require disclo-

sure of the information;

(B) after reviewing the information pro-

vided pursuant to paragraph (2), the business

entity does not have a high degree of con-

fidence in knowing the true identity of the

individual requesting the information;

based on a misrepresentation of fact by the

individual requesting the information rel-

evant to the request for information; or

(D) the information requested is Internet

navigational data or similar information

about a person’s visit to a website or online

service.

(6) Limitation on liability

Except as provided in section 1681s of this

title, sections 1681n and 1681o of this title do

not apply to any violation of this subsection.

(7) Limitation on civil liability

No business entity may be held civilly liable

under any provision of Federal, State, or other

Page 1384 TITLE 15—COMMERCE AND TRADE § 1681g

law for disclosure, made in good faith pursu-

ant to this subsection.

(8) No new recordkeeping obligation

Nothing in this subsection creates an obliga-

tion on the part of a business entity to obtain,

retain, or maintain information or records

that are not otherwise required to be obtained,

retained, or maintained in the ordinary course

of its business or under other applicable law.

(9) Rule of construction

(A) In general

No provision of subtitle A of title V of

Public Law 106–102 [15 U.S.C. 6801 et seq.],

prohibiting the disclosure of financial infor-

mation by a business entity to third parties

shall be used to deny disclosure of informa-

tion to the victim under this subsection.

(B) Limitation

Except as provided in subparagraph (A),

nothing in this subsection permits a busi-

ness entity to disclose information, includ-

ing information to law enforcement under

subparagraphs (B) and (C) of paragraph (1),

that the business entity is otherwise prohib-

ited from disclosing under any other applica-

ble provision of Federal or State law.

(10) Affirmative defense

In any civil action brought to enforce this

subsection, it is an affirmative defense (which

the defendant must establish by a preponder-

ance of the evidence) for a business entity to

file an affidavit or answer stating that—

(A) the business entity has made a reason-

ably diligent search of its available business

records; and

(B) the records requested under this sub-

section do not exist or are not reasonably

available.

(11) Definition of victim

For purposes of this subsection, the term

‘‘victim’’ means a consumer whose means of

identification or financial information has

been used or transferred (or has been alleged

to have been used or transferred) without the

authority of that consumer, with the intent to

commit, or to aid or abet, an identity theft or

a similar crime.

(12) Effective date

This subsection shall become effective 180

days after December 4, 2003.

(13) Effectiveness study

Not later than 18 months after December 4,

2003, the Comptroller General of the United

States shall submit a report to Congress as-

sessing the effectiveness of this provision.

(f) Disclosure of credit scores

(1) In general

Upon the request of a consumer for a credit

score, a consumer reporting agency shall sup-

ply to the consumer a statement indicating

that the information and credit scoring model

may be different than the credit score that

may be used by the lender, and a notice which

shall include—

(A) the current credit score of the con-

sumer or the most recent credit score of the

consumer that was previously calculated by

the credit reporting agency for a purpose re-

lated to the extension of credit;

(B) the range of possible credit scores

under the model used;

fected the credit score of the consumer in

the model used, the total number of which

shall not exceed 4, subject to paragraph (9);

(D) the date on which the credit score was

created; and

(E) the name of the person or entity that

provided the credit score or credit file upon

which the credit score was created.

(2) Definitions

For purposes of this subsection, the follow-

ing definitions shall apply:

(A) Credit score

The term ‘‘credit score’’—

(i) means a numerical value or a cat-

egorization derived from a statistical tool

or modeling system used by a person who

makes or arranges a loan to predict the

likelihood of certain credit behaviors, in-

cluding default (and the numerical value

or the categorization derived from such

analysis may also be referred to as a ‘‘risk

predictor’’ or ‘‘risk score’’); and

(ii) does not include—

(I) any mortgage score or rating of an

automated underwriting system that

considers one or more factors in addition

to credit information, including the loan

to value ratio, the amount of down pay-

ment, or the financial assets of a con-

sumer; or

(II) any other elements of the under-

writing process or underwriting decision.

(B) Key factors

The term ‘‘key factors’’ means all relevant

elements or reasons adversely affecting the

credit score for the particular individual,

listed in the order of their importance based

on their effect on the credit score.

(3) Timeframe and manner of disclosure

The information required by this subsection

shall be provided in the same timeframe and

manner as the information described in sub-

section (a) of this section.

(4) Applicability to certain uses

This subsection shall not be construed so as

to compel a consumer reporting agency to de-

velop or disclose a score if the agency does

not—

(A) distribute scores that are used in con-

nection with residential real property loans;

(B) develop scores that assist credit pro-

viders in understanding the general credit

behavior of a consumer and predicting the

future credit behavior of the consumer.

(5) Applicability to credit scores developed by

another person

(A) In general

This subsection shall not be construed to

require a consumer reporting agency that

distributes credit scores developed by an-

Page 1385 TITLE 15—COMMERCE AND TRADE § 1681g

other person or entity to provide a further

explanation of them, or to process a dispute

arising pursuant to section 1681i of this title,

except that the consumer reporting agency

shall provide the consumer with the name

and address and website for contacting the

person or entity who developed the score or

developed the methodology of the score.

(B) Exception

This paragraph shall not apply to a con-

sumer reporting agency that develops or

modifies scores that are developed by an-

other person or entity.

(6) Maintenance of credit scores not required

This subsection shall not be construed to re-

quire a consumer reporting agency to main-

tain credit scores in its files.

(7) Compliance in certain cases

In complying with this subsection, a con-

sumer reporting agency shall—

(A) supply the consumer with a credit

score that is derived from a credit scoring

model that is widely distributed to users by

that consumer reporting agency in connec-

tion with residential real property loans or

with a credit score that assists the consumer

in understanding the credit scoring assess-

ment of the credit behavior of the consumer

and predictions about the future credit be-

havior of the consumer; and

(B) a statement indicating that the infor-

mation and credit scoring model may be dif-

ferent than that used by the lender.

(8) Fair and reasonable fee

A consumer reporting agency may charge a

fair and reasonable fee, as determined by the

Bureau, for providing the information required

under this subsection.

(9) Use of enquiries as a key factor

If a key factor that adversely affects the

credit score of a consumer consists of the

number of enquiries made with respect to a

consumer report, that factor shall be included

in the disclosure pursuant to paragraph (1)(C)

without regard to the numerical limitation in

such paragraph.

(g) Disclosure of credit scores by certain mort-

gage lenders

(1) In general

Any person who makes or arranges loans and

who uses a consumer credit score, as defined

in subsection (f) of this section, in connection

with an application initiated or sought by a

consumer for a closed end loan or the estab-

lishment of an open end loan for a consumer

purpose that is secured by 1 to 4 units of resi-

dential real property (hereafter in this sub-

section referred to as the ‘‘lender’’) shall pro-

vide the following to the consumer as soon as

reasonably practicable:

(A) Information required under subsection

(f)

(i) In general

A copy of the information identified in

subsection (f) of this section that was ob-

tained from a consumer reporting agency

or was developed and used by the user of

the information.

(ii) Notice under subparagraph (D)

In addition to the information provided

to it by a third party that provided the

credit score or scores, a lender is only re-

quired to provide the notice contained in

subparagraph (D).

(B) Disclosures in case of automated under-

writing system

(i) In general

If a person that is subject to this sub-

section uses an automated underwriting

system to underwrite a loan, that person

may satisfy the obligation to provide a

credit score by disclosing a credit score

and associated key factors supplied by a

consumer reporting agency.

(ii) Numerical credit score

However, if a numerical credit score is

generated by an automated underwriting

system used by an enterprise, and that

score is disclosed to the person, the score

shall be disclosed to the consumer consist-

ent with subparagraph (C).

(iii) Enterprise defined

For purposes of this subparagraph, the

term ‘‘enterprise’’ has the same meaning

as in paragraph (6) of section 4502 of title

12.

from a consumer reporting agency

A person that is subject to the provisions

of this subsection and that uses a credit

score, other than a credit score provided by

a consumer reporting agency, may satisfy

the obligation to provide a credit score by

disclosing a credit score and associated key

factors supplied by a consumer reporting

agency.

(D) Notice to home loan applicants

A copy of the following notice, which shall

include the name, address, and telephone

number of each consumer reporting agency

providing a credit score that was used:

‘‘

NOTICE TO THE HOME LOAN APPLICANT

‘‘In connection with your application for a

home loan, the lender must disclose to you the

score that a consumer reporting agency distrib-

uted to users and the lender used in connection

with your home loan, and the key factors affect-

ing your credit scores.

‘‘The credit score is a computer generated

summary calculated at the time of the request

and based on information that a consumer re-

porting agency or lender has on file. The scores

are based on data about your credit history and

payment patterns. Credit scores are important

because they are used to assist the lender in de-

termining whether you will obtain a loan. They

may also be used to determine what interest

rate you may be offered on the mortgage. Credit

scores can change over time, depending on your

conduct, how your credit history and payment

patterns change, and how credit scoring tech-

nologies change.

Page 1386 TITLE 15—COMMERCE AND TRADE § 1681g

‘‘Because the score is based on information in

your credit history, it is very important that

you review the credit-related information that

is being furnished to make sure it is accurate.

Credit records may vary from one company to

another.

‘‘If you have questions about your credit score

or the credit information that is furnished to

you, contact the consumer reporting agency at

the address and telephone number provided with

this notice, or contact the lender, if the lender

developed or generated the credit score. The

consumer reporting agency plays no part in the

decision to take any action on the loan applica-

tion and is unable to provide you with specific

reasons for the decision on a loan application.

‘‘If you have questions concerning the terms

of the loan, contact the lender.’’.

(E) Actions not required under this sub-

section

This subsection shall not require any per-

son to—

(i) explain the information provided pur-

suant to subsection (f) of this section;

(ii) disclose any information other than

a credit score or key factors, as defined in

subsection (f) of this section;

(iii) disclose any credit score or related

information obtained by the user after a

loan has closed;

(iv) provide more than 1 disclosure per

loan transaction; or

(v) provide the disclosure required by

this subsection when another person has

made the disclosure to the consumer for

that loan transaction.

(F) No obligation for content

(i) In general

The obligation of any person pursuant to

this subsection shall be limited solely to

providing a copy of the information that

was received from the consumer reporting

agency.

(ii) Limit on liability

No person has liability under this sub-

section for the content of that information

or for the omission of any information

within the report provided by the con-

sumer reporting agency.

(G) Person defined as excluding enterprise

As used in this subsection, the term ‘‘per-

son’’ does not include an enterprise (as de-

fined in paragraph (6) of section 4502 of title

12).

(2) Prohibition on disclosure clauses null and

void

(A) In general

Any provision in a contract that prohibits

the disclosure of a credit score by a person

who makes or arranges loans or a consumer

reporting agency is void.

(B) No liability for disclosure under this sub-

section

A lender shall not have liability under any

contractual provision for disclosure of a

credit score pursuant to this subsection.

(Pub. L. 90–321, title VI, § 609, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1131;

amended Pub. L. 103–325, title III, § 339, Sept. 23,

1994, 108 Stat. 2237; Pub. L. 104–208, div. A, title

II, § 2408(a)–(d)(1), (e)(5)(A), Sept. 30, 1996, 110

Stat. 3009–436, 3009–437, 3009–439; Pub. L. 105–347,

§ 4(a), Nov. 2, 1998, 112 Stat. 3210; Pub. L. 108–159,

title I, §§ 115, 151(a)(1), title II, §§ 211(c), 212(a)–(c),

title VIII, § 811(d), Dec. 4, 2003, 117 Stat. 1961,

1970, 1973–1975, 2011; Pub. L. 111–203, title X,

§ 1088(a)(2)(C), July 21, 2010, 124 Stat. 2087.)

EFERENCES IN

EXT

Section 1681b(b)(4) of this title, referred to in subsec.

(a)(3)(C)(i), was subsequently amended, and section

1681b(b)(4)(E) no longer defines the term ‘‘classified in-

formation’’. However, such term is defined elsewhere in

that section.

For the effective date of this subchapter, referred to

in subsec. (b), see section 504(d) of Pub. L. 90–321, set

out as an Effective Date note under section 1681 of this

title.

Section 211(c) of the Fair and Accurate Credit Trans-

actions Act of 2003, referred to in subsec. (c)(1)(B)(v),

probably means section 211(d) of Pub. L. 108–159, which

is set out as a note under section 1681j of this title and

relates to the promulgation of regulations. Section

211(c) of Pub. L. 108–159 amended this section.

Section 1681a(w) of this title, referred to in subsec.

(c)(1)(B)(vi), was redesignated section 1681a(x) of this

title by Pub. L. 111–203, title X, § 1088(a)(1), July 21, 2010,

124 Stat. 2086.

Public Law 106–102, referred to in subsec. (e)(9)(A), is

Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1338, as amended,

known as the Gramm-Leach-Bliley Act. Subtitle A of

title V of the Act is classified principally to subchapter

I (§ 6801 et seq.) of chapter 94 of this title. For complete

classification of this Act to the Code, see Short Title of

1999 Amendment note set out under section 1811 of Title

12, Banks and Banking, and Tables.

MENDMENTS

2010—Pub. L. 111–203 substituted ‘‘the Bureau’’ for

‘‘the Commission’’ wherever appearing.

2003—Subsec. (a)(1). Pub. L. 108–159, § 115, substituted

‘‘except that—

‘‘(A) if the consumer to whom the file relates re-

quests that the first 5 digits of the social security

number (or similar identification number) of the con-

sumer not be included in the disclosure and the con-

sumer reporting agency has received appropriate

proof of the identity of the requester, the consumer

reporting agency shall so truncate such number in

such disclosure; and

‘‘(B) nothing’’

for ‘‘except that nothing’’.

Subsec. (a)(2), (3)(C). Pub. L. 108–159, § 811(d), realigned

margins.

Subsec. (a)(6). Pub. L. 108–159, § 212(a), added par. (6).

Subsec. (c). Pub. L. 108–159, § 211(c), amended subsec.

to the summary of rights required to be included with

disclosure to consumers by consumer reporting agen-

cies.

Subsecs. (d), (e). Pub. L. 108–159, § 151(a)(1), added sub-

secs. (d) and (e).

Subsec. (f). Pub. L. 108–159, § 212(b), added subsec. (f).

Subsec. (g). Pub. L. 108–159, § 212(c), added subsec. (g).

1998—Subsec. (a)(3)(C). Pub. L. 105–347 added subpar.

(C).

1996—Subsec. (a). Pub. L. 104–208, § 2408(e)(5)(A), in in-

troductory provisions substituted ‘‘, and subject to sec-

tion 1681h(a)(1) of this title’’ for ‘‘and proper identifica-

tion of any consumer’’.

Subsec. (a)(1). Pub. L. 104–208, § 2408(a), amended par.

(1) generally. Prior to amendment, par. (1) read as fol-

lows: ‘‘The nature and substance of all information (ex-

cept medical information) in its files on the consumer

at the time of the request.’’

Page 1387 TITLE 15—COMMERCE AND TRADE § 1681h

So in original. Probably should be followed by ‘‘section’’.

So in original. Probably should be followed by a comma.

Subsec. (a)(3). Pub. L. 104–208, § 2408(b), amended par.

(3) generally. Prior to amendment, par. (3) read as fol-

lows: ‘‘The recipients of any consumer report on the

consumer which it has furnished—

‘‘(A) for employment purposes within the two-year

period preceding the request, and

‘‘(B) for any other purpose within the six-month pe-

riod preceding the request.’’

Subsec. (a)(5). Pub. L. 104–208, § 2408(c), added par. (5).

Subsec. (c). Pub. L. 104–208, § 2408(d)(1), added subsec.

(c).

1994—Subsec. (a)(4). Pub. L. 103–325 added par. (4).

FFECTIVE

ATE OF

2010 A

MENDMENT

Amendment by Pub. L. 111–203 effective on the des-

ignated transfer date, see section 1100H of Pub. L.

111–203, set out as a note under section 552a of Title 5,

Government Organization and Employees.

FFECTIVE

ATE OF

2003 A

MENDMENT

Amendment by Pub. L. 108–159 subject to joint regu-

lations establishing effective dates as prescribed by

Federal Reserve Board and Federal Trade Commission,

except as otherwise provided, see section 3 of Pub. L.

108–159, set out as a note under section 1681 of this title.

FFECTIVE

ATE OF

1998 A

MENDMENT

Amendment by Pub. L. 105–347 deemed to have same

effective date as amendments made by section 2403 of

Pub. L. 104–208, see section 7 of Pub. L. 105–347, set out

as a note under section 1681a of this title.

FFECTIVE

ATE OF

1996 A

MENDMENT

Amendment by Pub. L. 104–208 effective 365 days after

Sept. 30, 1996, with special rule for early compliance,

see section 2420 of Pub. L. 104–208, set out as a note

under section 1681a of this title.

IMPLIFIED

ISCLOSURE

AXIMIZE

OMPREHENSIBILITY AND

TANDARDIZATION

Section 2408(e)(2), (3) of div. A of Pub. L. 104–208 pro-

vided that:

‘‘(2) S

IMPLIFIED DISCLOSURE

.—Not later than 90 days

after the date of enactment of this Act [Sept. 30, 1996],

each consumer reporting agency shall develop a form

on which such consumer reporting agency shall make

the disclosures required under section 609(a) of the Fair

Credit Reporting Act [15 U.S.C. 1681g(a)], for the pur-

pose of maximizing the comprehensibility and stand-

ardization of such disclosures.

‘‘(3) G

OALS

.—The Federal Trade Commission shall

take appropriate action to assure that the goals of

comprehensibility and standardization are achieved in

accordance with paragraph (2).’’

§ 1681h. Conditions and form of disclosure to

consumers

(a) In general

(1) Proper identification

A consumer reporting agency shall require,

as a condition of making the disclosures re-

quired under section 1681g of this title, that

the consumer furnish proper identification.

(2) Disclosure in writing

Except as provided in subsection (b) of this

section, the disclosures required to be made

under section 1681g of this title shall be pro-

vided under that section in writing.

(b) Other forms of disclosure

(1) In general

If authorized by a consumer, a consumer re-

porting agency may make the disclosures re-

quired under

1681g of this title—

(A) other than in writing; and

(B) in such form as may be—

(i) specified by the consumer in accord-

ance with paragraph (2); and

(ii) available from the agency.

(2) Form

A consumer may specify pursuant to para-

graph (1) that disclosures under section 1681g

of this title shall be made—

(A) in person, upon the appearance of the

consumer at the place of business of the con-

sumer reporting agency where disclosures

are regularly provided, during normal busi-

ness hours, and on reasonable notice;

(B) by telephone, if the consumer has made

a written request for disclosure by tele-

phone;

the agency; or

(D) by any other reasonable means that is

available from the agency.

Any consumer reporting agency shall provide

trained personnel to explain to the consumer

any information furnished to him pursuant to

section 1681g of this title.

(d) Persons accompanying consumer

The consumer shall be permitted to be accom-

panied by one other person of his choosing, who

shall furnish reasonable identification. A con-

sumer reporting agency may require the con-

sumer to furnish a written statement granting

permission to the consumer reporting agency to

discuss the consumer’s file in such person’s pres-

ence.

(e) Limitation of liability

Except as provided in sections 1681n and 1681o

of this title, no consumer may bring any action

or proceeding in the nature of defamation, inva-

sion of privacy, or negligence with respect to

the reporting of information against any con-

sumer reporting agency, any user of informa-

tion, or any person who furnishes information to

a consumer reporting agency, based on informa-

tion disclosed pursuant to section 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 con-

sumer.

(Pub. L. 90–321, title VI, § 610, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1131;

amended Pub. L. 104–208, div. A, title II,

§ 2408(e)(1), (4), (5)(B), Sept. 30, 1996, 110 Stat.

3009–438, 3009–439.)

MENDMENTS

1996—Pub. L. 104–208, § 2408(e)(5)(B), inserted ‘‘and

form’’ after ‘‘Conditions’’ in section catchline.

Subsec. (a). Pub. L. 104–208, § 2408(e)(1), inserted head-

ing and amended text of subsec. (a) generally. Prior to

amendment, text read as follows: ‘‘A consumer report-

ing agency shall make the disclosures required under

section 1681g of this title during normal business hours

and on reasonable notice.’’

Page 1388 TITLE 15—COMMERCE AND TRADE § 1681i

Subsec. (b). Pub. L. 104–208, § 2408(e)(1), inserted head-

ing and amended text of subsec. (b) generally. Prior to

amendment, text read as follows: ‘‘The disclosures re-

quired under section 1681g of this title shall be made to

the consumer—

‘‘(1) in person if he appears in person and furnishes

proper identification; or

‘‘(2) by telephone if he has made a written request,

with proper identification, for telephone disclosure

and the toll charge, if any, for the telephone call is

prepaid by or charged directly to the consumer.’’

Subsec. (e). Pub. L. 104–208, § 2408(e)(4), inserted ‘‘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’’ before ‘‘except’’.

FFECTIVE

ATE OF

1996 A

MENDMENT

Amendment by Pub. L. 104–208 effective 365 days after

Sept. 30, 1996, with special rule for early compliance,

see section 2420 of Pub. L. 104–208, set out as a note

under section 1681a of this title.

§ 1681i. Procedure in case of disputed accuracy

(a) Reinvestigations of disputed information

(1) Reinvestigation required

(A) In general

Subject to subsection (f) of this section, if

the completeness or accuracy of any item of

information contained in a consumer’s file

at a consumer reporting agency is disputed

by the consumer and the consumer notifies

the agency directly, or indirectly through a

reseller, of such dispute, the agency shall,

free of charge, conduct a reasonable reinves-

tigation to determine whether the disputed

information is inaccurate and record the

current status of the disputed information,

or delete the item from the file in accord-

ance with paragraph (5), before the end of

the 30-day period beginning on the date on

which the agency receives the notice of the

dispute from the consumer or reseller.

(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 ad-

ditional days if the consumer reporting

agency receives information from the con-

sumer during that 30-day period that is rel-

evant to the reinvestigation.

investigate

Subparagraph (B) shall not apply to any

reinvestigation in which, during the 30-day

period described in subparagraph (A), the in-

formation that is the subject of the reinves-

tigation is found to be inaccurate or incom-

plete or the consumer reporting agency de-

termines that the information cannot be

verified.

(2) Prompt notice of dispute to furnisher of in-

formation

(A) In general

Before the expiration of the 5-business-day

period beginning on the date on which a con-

sumer reporting agency receives notice of a

dispute from any consumer or a reseller in

accordance with paragraph (1), the agency

shall provide notification of the dispute to

any person who provided any item of infor-

mation in dispute, at the address and in the

manner established with the person. The no-

tice shall include all relevant information

regarding the dispute that the agency has

received from the consumer or reseller.

(B) Provision of other information

The consumer reporting agency shall

promptly provide to the person who provided

the information in dispute all relevant infor-

mation regarding the dispute that is re-

ceived by the agency from the consumer or

the reseller after the period referred to in

subparagraph (A) and before the end of the

period referred to in paragraph (1)(A).

(3) Determination that dispute is frivolous or

irrelevant

(A) In general

Notwithstanding paragraph (1), a con-

sumer reporting agency may terminate a re-

investigation of information disputed by a

consumer under that paragraph if the agen-

cy reasonably determines that the dispute

by the consumer is frivolous or irrelevant,

including by reason of a failure by a con-

sumer to provide sufficient information to

investigate the disputed information.

(B) Notice of determination

Upon making any determination in ac-

cordance with subparagraph (A) that a dis-

pute is frivolous or irrelevant, a consumer

reporting agency shall notify the consumer

of such determination not later than 5 busi-

ness days after making such determination,

by mail or, if authorized by the consumer for

that purpose, by any other means available

to the agency.

A notice under subparagraph (B) shall in-

clude—

(i) the reasons for the determination

under subparagraph (A); and

(ii) identification of any information re-

quired to investigate the disputed informa-

tion, 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 infor-

mation in the file of any consumer, the con-

sumer reporting agency shall review and con-

sider all relevant information submitted by

the consumer in the period described in para-

graph (1)(A) with respect to such disputed in-

formation.

(5) Treatment of inaccurate or unverifiable in-

formation

(A) In general

If, after any reinvestigation under para-

graph (1) of any information disputed by a

consumer, an item of the information is

found to be inaccurate or incomplete or can-

not be verified, the consumer reporting

agency shall—

(i) promptly delete that item of informa-

tion from the file of the consumer, or mod-

Page 1389 TITLE 15—COMMERCE AND TRADE § 1681i

ify that item of information, as appro-

priate, based on the results of the reinves-

tigation; and

(ii) promptly notify the furnisher of that

information that the information has been

modified or deleted from the file of the

consumer.

(B) Requirements relating to reinsertion of

previously deleted material

(i) Certification of accuracy of information

If any information is deleted from a con-

sumer’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 infor-

mation 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 sub-

paragraph (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 re-

insertion 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 infor-

mation has been reinserted;

(II) the business name and address of

any furnisher of information contacted

and the telephone number of such fur-

nisher, if reasonably available, or of any

furnisher of information that contacted

the consumer reporting agency, in con-

nection with the reinsertion of such in-

formation; and

(III) a notice that the consumer has

the right to add a statement to the con-

sumer’s file disputing the accuracy or

completeness of the disputed informa-

tion.

A consumer reporting agency shall main-

tain reasonable procedures designed to pre-

vent 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 com-

piles and maintains files on consumers on a

nationwide basis shall implement an auto-

mated system through which furnishers of

information to that consumer reporting

agency may report the results of a reinves-

tigation 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 com-

pletion of the reinvestigation, by mail or, if

authorized by the consumer for that pur-

pose, by other means available to the agen-

cy.

(B) Contents

As part of, or in addition to, the notice

under subparagraph (A), a consumer report-

ing agency shall provide to a consumer in

writing before the expiration of the 5-day pe-

riod 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 com-

pleteness of the information shall be pro-

vided to the consumer by the agency, in-

cluding the business name and address of

any furnisher of information contacted in

connection with such information and the

telephone number of such furnisher, if rea-

sonably available;

(iv) a notice that the consumer has the

right to add a statement to the consumer’s

file disputing the accuracy or complete-

ness of the information; and

(v) a notice that the consumer has the

right to request under subsection (d) of

this section 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 para-

graph (5)(A) by the deletion of the disputed in-

formation by not later than 3 business days

after the date on which the agency receives

notice of the dispute from the consumer in ac-

cordance with paragraph (1)(A), then the agen-

cy shall not be required to comply with para-

graphs (2), (6), and (7) with respect to that dis-

pute 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) of this section that the agency furnish

notifications under that subsection; and

deletion and a copy of a consumer report on

Page 1390 TITLE 15—COMMERCE AND TRADE § 1681i

So in original. Probably should be ‘‘Bureau’’.

the consumer that is based on the consum-

er’s file after the deletion, not later than 5

business days after making the deletion.

(b) Statement of dispute

If the reinvestigation does not resolve the dis-

pute, the consumer may file a brief statement

setting forth the nature of the dispute. The con-

sumer reporting agency may limit such state-

ments to not more than one hundred words if it

provides the consumer with assistance in writ-

ing a clear summary of the dispute.

quent consumer reports

Whenever a statement of a dispute is filed, un-

less there is reasonable grounds to believe that

it is frivolous or irrelevant, the consumer re-

porting agency shall, in any subsequent con-

sumer 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 informa-

tion

Following any deletion of information which

is found to be inaccurate or whose accuracy can

no longer be verified or any notation as to dis-

puted information, the consumer reporting

agency shall, at the request of the consumer,

furnish notification that the item has been de-

leted or the statement, codification or summary

pursuant to subsection (b) or (c) of this section

to any person specifically designated by the con-

sumer who has within two years prior thereto

received a consumer report for employment pur-

poses, or within six months prior thereto re-

ceived a consumer report for any other purpose,

which contained the deleted or disputed infor-

mation.

(e) Treatment of complaints and report to Con-

gress

(1) In general

The Commission

shall—

(A) compile all complaints that it receives

that a file of a consumer that is maintained

by a consumer reporting agency described in

section 1681a(p) of this title contains incom-

plete or inaccurate information, with re-

spect to which, the consumer appears to

have disputed the completeness or accuracy

with the consumer reporting agency or

otherwise utilized the procedures provided

by subsection (a) of this section; and

(B) transmit each such complaint to each

consumer reporting agency involved.

(2) Exclusion

Complaints received or obtained by the Bu-

reau pursuant to its investigative authority

under the Consumer Financial Protection Act

of 2010 shall not be subject to paragraph (1).

(3) Agency responsibilities

Each consumer reporting agency described

in section 1681a(p) of this title that receives a

complaint transmitted by the Bureau pursu-

ant to paragraph (1) shall—

(A) review each such complaint to deter-

mine whether all legal obligations imposed

on the consumer reporting agency under this

subchapter (including any obligation im-

posed by an applicable court or administra-

tive order) have been met with respect to

the subject matter of the complaint;

(B) provide reports on a regular basis to

the Bureau regarding the determinations of

and actions taken by the consumer reporting

agency, if any, in connection with its review

of such complaints; and

records regarding the disposition of each

such complaint that is sufficient to dem-

onstrate compliance with this subsection.

(4) Rulemaking authority

The Commission

may prescribe regulations,

as appropriate to implement this subsection.

(5) Annual report

The Commission

shall submit to the Com-

mittee on Banking, Housing, and Urban Af-

fairs of the Senate and the Committee on Fi-

nancial Services of the House of Representa-

tives an annual report regarding information

gathered by the Bureau under this subsection.

(f) Reinvestigation requirement applicable to re-

sellers

(1) Exemption from general reinvestigation re-

quirement

Except as provided in paragraph (2), a re-

seller shall be exempt from the requirements

of this section.

(2) Action required upon receiving notice of a

dispute

If a reseller receives a notice from a con-

sumer of a dispute concerning the complete-

ness or accuracy of any item of information

contained in a consumer report on such con-

sumer produced by the reseller, the reseller

shall, within 5 business days of receiving the

notice, and free of charge—

(A) determine whether the item of infor-

mation is incomplete or inaccurate as a re-

sult of an act or omission of the reseller; and

(B) if—

(i) the reseller determines that the item

of information is incomplete or inaccurate

as a result of an act or omission of the re-

seller, not later than 20 days after receiv-

ing the notice, correct the information in

the consumer report or delete it; or

(ii) if the reseller determines that the

item of information is not incomplete or

inaccurate as a result of an act or omis-

sion of the reseller, convey the notice of

the dispute, together with all relevant in-

formation provided by the consumer, to

each consumer reporting agency that pro-

vided the reseller with the information

that is the subject of the dispute, using an

address or a notification mechanism speci-

fied by the consumer reporting agency for

such notices.

(3) Responsibility of consumer reporting agen-

cy to notify consumer through reseller

Upon the completion of a reinvestigation

under this section of a dispute concerning the

Page 1391 TITLE 15—COMMERCE AND TRADE § 1681i

completeness or accuracy of any information

in the file of a consumer by a consumer re-

porting agency that received notice of the dis-

pute from a reseller under paragraph (2)—

(A) the notice by the consumer reporting

agency under paragraph (6), (7), or (8) of sub-

section (a) of this section shall be provided

to the reseller in lieu of the consumer; and

(B) the reseller shall immediately recon-

vey such notice to the consumer, including

any notice of a deletion by telephone in the

manner required under paragraph (8)(A).

(4) Reseller reinvestigations

No provision of this subsection shall be con-

strued as prohibiting a reseller from conduct-

ing a reinvestigation of a consumer dispute di-

rectly.

(Pub. L. 90–321, title VI, § 611, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1132;

amended Pub. L. 104–208, div. A, title II, § 2409,

Sept. 30, 1996, 110 Stat. 3009–439; Pub. L. 105–347,

§ 6(5), Nov. 2, 1998, 112 Stat. 3211; Pub. L. 108–159,

title III, §§ 313(a), 314(a), 316, 317, Dec. 4, 2003, 117

Stat. 1994–1996, 1998; Pub. L. 111–203, title X,

§ 1088(a)(2)(C), (6), July 21, 2010, 124 Stat. 2087.)

EFERENCES IN

EXT

The Consumer Financial Protection Act of 2010, re-

ferred to in subsec. (e)(2), is title X of Pub. L. 111–203,

July 21, 2010, 124 Stat. 1955, which enacted subchapter V

(§ 5481 et seq.) of chapter 53 of Title 12, Banks and Bank-

ing, and enacted and amended numerous other sections

and notes in the Code. For complete classification of

this Act to the Code, see Short Title note set out under

section 5301 of Title 12 and Tables.

MENDMENTS

2010—Subsec. (e)(2). Pub. L. 111–203, § 1088(a)(6), added

par. (2) and struck out former par. (2) which read as fol-

lows: ‘‘Complaints received or obtained by the Commis-

sion pursuant to its investigative authority under the

Federal Trade Commission Act shall not be subject to

paragraph (1).’’

Subsec. (e)(3), (5). Pub. L. 111–203, § 1088(a)(2)(C), sub-

stituted ‘‘the Bureau’’ for ‘‘the Commission’’ wherever

appearing.

2003—Subsec. (a)(1)(A). Pub. L. 108–159, § 317, sub-

stituted ‘‘shall, free of charge, conduct a reasonable re-

investigation to determine whether the disputed infor-

mation is inaccurate’’ for ‘‘shall reinvestigate free of

charge’’.

Pub. L. 108–159, § 316(a)(1), substituted ‘‘Subject to

subsection (f) of this section, if the completeness’’ for

‘‘If the completeness’’ and inserted ‘‘, or indirectly

through a reseller,’’ after ‘‘notifies the agency di-

rectly’’ and ‘‘or reseller’’ before period at end.

Subsec. (a)(2)(A). Pub. L. 108–159, § 316(a)(2), inserted

‘‘or a reseller’’ after ‘‘dispute from any consumer’’ and

‘‘or reseller’’ before period at end.

Subsec. (a)(2)(B). Pub. L. 108–159, § 316(c), struck out

‘‘from consumer’’ after ‘‘information’’ in heading.

Pub. L. 108–159, § 316(a)(3), inserted ‘‘or the reseller’’

after ‘‘from the consumer’’.

Subsec. (a)(5)(A). Pub. L. 108–159, § 314(a), substituted

‘‘shall—’’ and cls. (i) and (ii) for ‘‘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.’’

Subsec. (e). Pub. L. 108–159, § 313(a), added subsec. (e).

Subsec. (f). Pub. L. 108–159, § 316(b), added subsec. (f).

1998—Subsec. (a)(7). Pub. L. 105–347 substituted

‘‘(6)(B)(iii)’’ for ‘‘(6)(B)(iv)’’.

1996—Subsec. (a). Pub. L. 104–208, § 2409(a), inserted

heading and amended text of subsec. (a) generally.

Prior to amendment, text read as follows: ‘‘If the com-

pleteness or accuracy of any item of information con-

tained in his file is disputed by a consumer, and such

dispute is directly conveyed to the consumer reporting

agency by the consumer, the consumer reporting agen-

cy shall within a reasonable period of time reinves-

tigate and record the current status of that informa-

tion unless it has reasonable grounds to believe that

the dispute by the consumer is frivolous or irrelevant.

If after such reinvestigation such information is found

to be inaccurate or can no longer be verified, the con-

sumer reporting agency shall promptly delete such in-

formation. The presence of contradictory information

in the consumer’s file does not in and of itself con-

stitute reasonable grounds for believing the dispute is

frivolous or irrelevant.’’

Subsec. (d). Pub. L. 104–208, § 2409(b), struck out at end

‘‘The consumer reporting agency shall clearly and con-

spicuously disclose to the consumer his rights to make

such a request. Such disclosure shall be made at or

prior to the time the information is deleted or the con-

sumer’s statement regarding the disputed information

is received.’’

FFECTIVE

ATE OF

2010 A

MENDMENT

Amendment by Pub. L. 111–203 effective on the des-

ignated transfer date, see section 1100H of Pub. L.

111–203, set out as a note under section 552a of Title 5,

Government Organization and Employees.

FFECTIVE

ATE OF

2003 A

MENDMENT

Amendment by Pub. L. 108–159 subject to joint regu-

lations establishing effective dates as prescribed by

Federal Reserve Board and Federal Trade Commission,

except as otherwise provided, see section 3 of Pub. L.

108–159, set out as a note under section 1681 of this title.

FFECTIVE

ATE OF

1998 A

MENDMENT

Amendment by Pub. L. 105–347 deemed to have same

effective date as amendments made by section 2403 of

Pub. L. 104–208, see section 7 of Pub. L. 105–347, set out

as a note under section 1681a of this title.

FFECTIVE

ATE OF

1996 A

MENDMENT

Amendment by Pub. L. 104–208 effective 365 days after

Sept. 30, 1996, with special rule for early compliance,

see section 2420 of Pub. L. 104–208, set out as a note

under section 1681a of this title.

ROMPT

NVESTIGATION OF

ISPUTED

ONSUMER

NFORMATION

Pub. L. 108–159, title III, § 313(b), Dec. 4, 2003, 117 Stat.

1994, provided that:

‘‘(1) S

TUDY REQUIRED

.—The Board and the Commis-

sion shall jointly study the extent to which, and the

manner in which, consumer reporting agencies and fur-

nishers of consumer information to consumer reporting

agencies are complying with the procedures, time lines,

and requirements under the Fair Credit Reporting Act

[this subchapter] for the prompt investigation of the

disputed accuracy of any consumer information, the

completeness of the information provided to consumer

reporting agencies, and the prompt correction or dele-

tion, in accordance with such Act, of any inaccurate or

incomplete information or information that cannot be

verified.

‘‘(2) R

EPORT REQUIRED

.—Before the end of the 12-

month period beginning on the date of enactment of

this Act [Dec. 4, 2003], the Board and the Commission

shall jointly submit a progress report to the Congress

on the results of the study required under paragraph

(1).

‘‘(3) C

ONSIDERATIONS

.—In preparing the report re-

quired under paragraph (2), the Board and the Commis-

sion shall consider information relating to complaints

compiled by the Commission under section 611(e) of the

Fair Credit Reporting Act [15 U.S.C. 1681i(e)], as added

by this section.

‘‘(4) R

ECOMMENDATIONS

.—The report required under

paragraph (2) shall include such recommendations as

Page 1392 TITLE 15—COMMERCE AND TRADE § 1681j

See References in Text note below.

So in original. Probably should be ‘‘Bureau’’.

the Board and the Commission jointly determine to be

appropriate for legislative or administrative action, to

ensure that—

‘‘(A) consumer disputes with consumer reporting

agencies over the accuracy or completeness of infor-

mation in a consumer’s file are promptly and fully in-

vestigated and any incorrect, incomplete, or unverifi-

able information is corrected or deleted immediately

thereafter;

‘‘(B) furnishers of information to consumer report-

ing agencies maintain full and prompt compliance

with the duties and responsibilities established under

section 623 of the Fair Credit Reporting Act [15 U.S.C.

1681s–2]; and

‘‘(C) consumer reporting agencies establish and

maintain appropriate internal controls and manage-

ment review procedures for maintaining full and con-

tinuous compliance with the procedures, time lines,

and requirements under the Fair Credit Reporting

Act [this subchapter] for the prompt investigation of

the disputed accuracy of any consumer information

and the prompt correction or deletion, in accordance

with such Act, of any inaccurate or incomplete infor-

mation or information that cannot be verified.’’

[For definitions of terms used in section 313(b) of Pub.

L. 108–159, set out above, see section 2 of Pub. L. 108–159,

set out as a Definitions note under section 1681 of this

title.]

§ 1681j. Charges for certain disclosures

(a) Free annual disclosure

(1) Nationwide consumer reporting agencies

(A) In general

All consumer reporting agencies described

in subsections (p) and (w)

of section 1681a of

this title shall make all disclosures pursuant

to section 1681g of this title once during any

12-month period upon request of the con-

sumer and without charge to the consumer.

(B) Centralized source

Subparagraph (A) shall apply with respect

to a consumer reporting agency described in

section 1681a(p) of this title only if the re-

quest from the consumer is made using the

centralized source established for such pur-

pose in accordance with section 211(c)

the Fair and Accurate Credit Transactions

Act of 2003.

agency

(i) In general

The Commission

shall prescribe regula-

tions applicable to each consumer report-

ing agency described in section 1681a(w)

of this title to require the establishment

of a streamlined process for consumers to

request consumer reports under subpara-

graph (A), which shall include, at a mini-

mum, the establishment by each such

agency of a toll-free telephone number for

such requests.

(ii) Considerations

In prescribing regulations under clause

(i), the Bureau shall consider—

(I) the significant demands that may

be placed on consumer reporting agen-

cies in providing such consumer reports;

(II) appropriate means to ensure that

consumer reporting agencies can satis-

factorily meet those demands, including

the efficacy of a system of staggering

the availability to consumers of such

consumer reports; and

(III) the ease by which consumers

should be able to contact consumer re-

porting agencies with respect to access

to such consumer reports.

(iii) Date of issuance

The Commission

shall issue the regula-

tions required by this subparagraph in

final form not later than 6 months after

December 4, 2003.

(iv) Consideration of ability to comply

The regulations of the Bureau under this

subparagraph shall establish an effective

date by which each nationwide specialty

consumer reporting agency (as defined in

section 1681a(w)

of this title) shall be re-

quired to comply with subsection (a) of

this section, which effective date—

(I) shall be established after consider-

ation of the ability of each nationwide

specialty consumer reporting agency to

comply with subsection (a) of this sec-

tion; and

(II) shall be not later than 6 months

after the date on which such regulations

are issued in final form (or such addi-

tional period not to exceed 3 months, as

the Bureau determines appropriate).

(2) Timing

A consumer reporting agency shall provide a

consumer report under paragraph (1) not later

than 15 days after the date on which the re-

quest is received under paragraph (1).

(3) Reinvestigations

Notwithstanding the time periods specified

in section 1681i(a)(1) of this title, a reinves-

tigation under that section by a consumer re-

porting agency upon a request of a consumer

that is made after receiving a consumer report

under this subsection shall be completed not

later than 45 days after the date on which the

request is received.

(4) Exception for first 12 months of operation

This subsection shall not apply to a con-

sumer reporting agency that has not been fur-

nishing consumer reports to third parties on a

continuing basis during the 12-month period

preceding a request under paragraph (1), with

respect to consumers residing nationwide.

(b) Free disclosure after adverse notice to con-

sumer

Each consumer reporting agency that main-

tains a file on a consumer shall make all disclo-

sures pursuant to section 1681g of this title with-

out charge to the consumer if, not later than 60

days after receipt by such consumer of a notifi-

cation pursuant to section 1681m of this title, 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 1681g of this title.

Page 1393 TITLE 15—COMMERCE AND TRADE § 1681j

So in original. Probably should be ‘‘television’’.

stances

Upon the request of the consumer, a consumer

reporting agency shall make all disclosures pur-

suant to section 1681g of this title once during

any 12-month period without charge to that con-

sumer 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;

(3) has reason to believe that the file on the

consumer at the agency contains inaccurate

information due to fraud.

(d) Free disclosures in connection with fraud

alerts

Upon the request of a consumer, a consumer

reporting agency described in section 1681a(p) of

this title shall make all disclosures pursuant to

section 1681g of this title without charge to the

consumer, as provided in subsections (a)(2) and

(b)(2) of section 1681c–1 of this title, as applica-

ble.

(e) Other charges prohibited

A consumer reporting agency shall not impose

any charge on a consumer for providing any no-

tification required by this subchapter or making

any disclosure required by this subchapter, ex-

cept as authorized by subsection (f) of this sec-

tion.

(f) Reasonable charges allowed for certain dis-

closures

(1) In general

In the case of a request from a consumer

other than a request that is covered by any of

subsections (a) through (d) of this section, a

consumer reporting agency may impose a rea-

sonable charge on a consumer—

(A) for making a disclosure to the con-

sumer pursuant to section 1681g of this title,

which charge—

(i) shall not exceed $8; and

(ii) shall be indicated to the consumer

before making the disclosure; and

(B) for furnishing, pursuant to section

1681i(d) of this title, following a reinvestiga-

tion under section 1681i(a) of this title, a

statement, codification, or summary to a

person designated by the consumer under

that section after the 30-day period begin-

ning on the date of notification of the con-

sumer under paragraph (6) or (8) of section

1681i(a) of this title with respect to the re-

investigation, which charge—

(i) shall not exceed the charge that the

agency would impose on each designated

recipient for a consumer report; and

(ii) shall be indicated to the consumer

before furnishing such information.

(2) Modification of amount

The Bureau shall increase the amount re-

ferred 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.

(g) Prevention of deceptive marketing of credit

reports

(1) In general

Subject to rulemaking pursuant to section

205(b) of the Credit CARD Act of 2009, any ad-

vertisement for a free credit report in any me-

dium shall prominently disclose in such adver-

tisement that free credit reports are available

under Federal law at:

‘‘AnnualCreditReport.com’’ (or such other

source as may be authorized under Federal

law).

(2) Television and radio advertisement

In the case of an advertisement broadcast by

television, the disclosures required under

paragraph (1) shall be included in the audio

and visual part of such advertisement. In the

case of an advertisement broadcast by

televison

or radio, the disclosure required

under paragraph (1) shall consist only of the

following: ‘‘This is not the free credit report

provided for by Federal law’’.

(Pub. L. 90–321, title VI, § 612, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1132;

amended Pub. L. 104–208, div. A, title II, § 2410,

Sept. 30, 1996, 110 Stat. 3009–442; Pub. L. 108–159,

title II, § 211(a), Dec. 4, 2003, 117 Stat. 1968; Pub.

L. 111–24, title II, § 205(a), May 22, 2009, 123 Stat.

1747; Pub. L. 111–203, title X, § 1088(a)(2)(A), (C),

July 21, 2010, 124 Stat. 2087.)

EFERENCES IN

EXT

Section 1681a(w) of this title, referred to in subsec.

(a)(1)(A), (C)(i), (iv), was redesignated section 1681a(x)

of this title by Pub. L. 111–203, title X, § 1088(a)(1), July

21, 2010, 124 Stat. 2086.

Section 211(c) of the Fair and Accurate Credit Trans-

actions Act of 2003, referred to in subsec. (a)(1)(B), prob-

ably means section 211(d) of Pub. L. 108–159, which is set

out as a note below and relates to the establishment of

a centralized source. Section 211(c) of Pub. L. 108–159

amended section 1681g of this title.

Section 205(b) of the Credit CARD Act of 2009, re-

ferred to in subsec. (g), is section 205(b) of Pub. L.

111–24, which is set out as a note below.

MENDMENTS

2010—Subsec. (a)(1)(C). Pub. L. 111–203, § 1088(a)(2)(C),

substituted ‘‘the Bureau’’ for ‘‘the Commission’’ wher-

ever appearing.

Subsec. (f)(2). Pub. L. 111–203, § 1088(a)(2)(A), sub-

stituted ‘‘Bureau’’ for ‘‘Federal Trade Commission’’.

2009—Subsec. (g). Pub. L. 111–24 added subsec. (g).

2003—Subsec. (a). Pub. L. 108–159, § 211(a)(2), added

subsec. (a). Former subsec. (a) redesignated (f).

Subsec. (d). Pub. L. 108–159, § 211(a)(4), added subsec.

(d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 108–159, § 211(a)(3), (5), redesig-

nated subsec. (d) as (e) and substituted ‘‘subsection (f)’’

for ‘‘subsection (a)’’.

Subsec. (f). Pub. L. 108–159, § 211(a)(1), (6), redesig-

nated subsec. (a) as (f) and substituted ‘‘In the case of

a request from a consumer other than a request that is

covered by any of subsections (a) through (d) of this

section, a’’ for ‘‘Except as provided in subsections (b),

(c), and (d) of this section, a’’ in par. (1).

1996—Pub. L. 104–208 amended section generally. Prior

to amendment, section read as follows: ‘‘A consumer

reporting agency shall make all disclosures pursuant to

section 1681g of this title and furnish all consumer re-

ports pursuant to section 1681i(d) of this title without

Page 1394 TITLE 15—COMMERCE AND TRADE § 1681j

charge to the consumer if, within thirty days after re-

ceipt by such consumer of a notification pursuant to

section 1681m of this title or notification from a debt

collection agency affiliated with such consumer report-

ing agency stating that the consumer’s credit rating

may be or has been adversely affected, the consumer

makes a request under section 1681g or 1681i(d) of this

title. Otherwise, the consumer reporting agency may

impose a reasonable charge on the consumer for mak-

ing disclosure to such consumer pursuant to section

1681g of this title, the charge for which shall be indi-

cated to the consumer prior to making disclosure; and

for furnishing notifications, statements, summaries, or

codifications to person designated by the consumer

pursuant to section 1681i(d) of this title, the charge for

which shall be indicated to the consumer prior to fur-

nishing such information and shall not exceed the

charge that the consumer reporting agency would im-

pose on each designated recipient for a consumer report

except that no charge may be made for notifying such

persons of the deletion of information which is found to

be inaccurate or which can no longer be verified.’’

FFECTIVE

ATE OF

2010 A

MENDMENT

Amendment by Pub. L. 111–203 effective on the des-

ignated transfer date, see section 1100H of Pub. L.

111–203, set out as a note under section 552a of Title 5,

Government Organization and Employees.

FFECTIVE

ATE OF

2009 A

MENDMENT

Amendment by Pub. L. 111–24 effective 9 months after

May 22, 2009, except as otherwise specifically provided,

see section 3 of Pub. L. 111–24, set out as a note under

section 1602 of this title.

FFECTIVE

ATE OF

2003 A

MENDMENT

Amendment by Pub. L. 108–159 subject to joint regu-

lations establishing effective dates as prescribed by

Federal Reserve Board and Federal Trade Commission,

except as otherwise provided, see section 3 of Pub. L.

108–159, set out as a note under section 1681 of this title.

FFECTIVE

ATE OF

1996 A

MENDMENT

Amendment by Pub. L. 104–208 effective 365 days after

Sept. 30, 1996, with special rule for early compliance,

see section 2420 of Pub. L. 104–208, set out as a note

under section 1681a of this title.

EGULATIONS

Pub. L. 111–24, title II, § 205(b), May 22, 2009, 123 Stat.

1747, provided that:

‘‘(1) I

N GENERAL

.—Not later than 9 months after the

date of enactment of this Act [May 22, 2009], the Fed-

eral Trade Commission shall issue a final rule to carry

out this section.

‘‘(2) C

ONTENT

.—The rule required by this subsection—

‘‘(A) shall include specific wording to be used in ad-

vertisements in accordance with this section; and

‘‘(B) for advertisements on the Internet, shall in-

clude whether the disclosure required under section

612(g)(1) of the Fair Credit Reporting Act [15 U.S.C.

1681j(g)(1)] (as added by this section) shall appear on

the advertisement or the website on which the free

credit report is made available.

‘‘(3) I

NTERIM DISCLOSURES

.—If an advertisement sub-

ject to section 612(g) of the Fair Credit Reporting Act

[15 U.S.C. 1681j(g)], as added by this section, is made

public after the 9-month deadline specified in para-

graph (1), but before the rule required by paragraph (1)

is finalized, such advertisement shall include the dis-

closure: ‘Free credit reports are available under Fed-

eral law at: ‘‘AnnualCreditReport.com’’.’ ’’

Pub. L. 108–159, title II, § 211(d), Dec. 4, 2003, 117 Stat.

1972, as amended by Pub. L. 111–203, § 1088(b)(2), July 21,

2010, 124 Stat. 2092, provided that:

‘‘(1) I

N GENERAL

.—The Bureau [probably means the

Bureau of Consumer Financial Protection] shall pre-

scribe regulations applicable to consumer reporting

agencies described in section 603(p) of the Fair Credit

Reporting Act [15 U.S.C. 1681a(p)], to require the estab-

lishment of—

‘‘(A) a centralized source through which consumers

may obtain a consumer report from each such con-

sumer reporting agency, using a single request, and

without charge to the consumer, as provided in sec-

tion 612(a) of the Fair Credit Reporting Act [15 U.S.C.

1681j(a)] (as amended by this section); and

‘‘(B) a standardized form for a consumer to make

such a request for a consumer report by mail or

through an Internet website.

‘‘(2) C

ONSIDERATIONS

.—In prescribing regulations

under paragraph (1), the Bureau shall consider—

‘‘(A) the significant demands that may be placed on

consumer reporting agencies in providing such con-

sumer reports;

‘‘(B) appropriate means to ensure that consumer re-

porting agencies can satisfactorily meet those de-

mands, including the efficacy of a system of stagger-

ing the availability to consumers of such consumer

reports; and

‘‘(C) the ease by which consumers should be able to

contact consumer reporting agencies with respect to

access to such consumer reports.

‘‘(3) C

ENTRALIZED SOURCE

.—The centralized source for

a request for a consumer report from a consumer re-

quired by this subsection shall provide for—

‘‘(A) a toll-free telephone number for such purpose;

‘‘(B) use of an Internet website for such purpose;

and

‘‘(C) a process for requests by mail for such purpose.

‘‘(4) T

RANSITION

.—The regulations of the Bureau

under paragraph (1) shall provide for an orderly transi-

tion by consumer reporting agencies described in sec-

tion 603(p) of the Fair Credit Reporting Act [15 U.S.C.

1681a(p)] to the centralized source for consumer report

distribution required by section 612(a)(1)(B) [15 U.S.C.

1681j(a)(1)(B)], as amended by this section, in a manner

that—

‘‘(A) does not temporarily overwhelm such con-

sumer reporting agencies with requests for disclo-

sures of consumer reports beyond their capacity to

deliver; and

‘‘(B) does not deny creditors, other users, and con-

sumers access to consumer reports on a time-sen-

sitive basis for specific purposes, such as home pur-

chases or suspicions of identity theft, during the

transition period.

‘‘(5) T

IMING

.—Regulations required by this subsection

shall—

‘‘(A) be issued in final form not later than 6 months

after the date of enactment of this Act [Dec. 4, 2003];

and

‘‘(B) become effective not later than 6 months after

the date on which they are issued in final form.

‘‘(6) S

COPE OF REGULATIONS

.—

‘‘(A) I

N GENERAL

.—The Bureau shall, by rule, deter-

mine whether to require a consumer reporting agency

that compiles and maintains files on consumers on

substantially a nationwide basis, other than one de-

scribed in section 603(p) of the Fair Credit Reporting

Act [15 U.S.C. 1681a(p)], to make free consumer re-

ports available upon consumer request, and if so,

whether such consumer reporting agencies should

make such free reports available through the central-

ized source described in paragraph (1)(A).

‘‘(B) C

ONSIDERATIONS

.—Before making any deter-

mination under subparagraph (A), the Bureau shall

consider—

‘‘(i) the number of requests for consumer reports

to, and the number of consumer reports generated

by, the consumer reporting agency, in comparison

with consumer reporting agencies described in sub-

sections (p) and (w) [now (x)] of section 603 of the

Fair Credit Reporting Act [15 U.S.C. 1681a(p), (w)

[x]];

‘‘(ii) the overall scope of the operations of the

consumer reporting agency;

‘‘(iii) the needs of consumers for access to con-

sumer reports provided by consumer reporting

agencies free of charge;

Page 1395 TITLE 15—COMMERCE AND TRADE § 1681m

‘‘(iv) the costs of providing access to consumer re-

ports by consumer reporting agencies free of

charge; and

‘‘(v) the effects on the ongoing competitive viabil-

ity of such consumer reporting agencies if such free

access is required.’’

[For definitions of terms used in section 211(d) of Pub.

L. 108–159, set out above, see section 2 of Pub. L. 108–159,

set out as a Definitions note under section 1681 of this

title.]

§ 1681k. Public record information for employ-

ment purposes

(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 informa-

tion 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 informa-

tion 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, con-

victions, 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 investiga-

tions

Subsection (a) of this section 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 pur-

poses, if the head of the agency or department

makes a written finding as prescribed under sec-

tion 1681b(b)(4)(A) of this title.

(Pub. L. 90–321, title VI, § 613, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1133;

amended Pub. L. 105–347, § 4(b), Nov. 2, 1998, 112

Stat. 3210.)

MENDMENTS

1998—Pub. L. 105–347 designated existing provisions as

subsec. (a), inserted heading, and added subsec. (b).

FFECTIVE

ATE OF

1998 A

MENDMENT

Amendment by Pub. L. 105–347 deemed to have same

effective date as amendments made by section 2403 of

Pub. L. 104–208, see section 7 of Pub. L. 105–347, set out

as a note under section 1681a of this title.

§ 1681l. Restrictions on investigative consumer

reports

Whenever a consumer reporting agency pre-

pares an investigative consumer report, no ad-

verse information in the consumer report (other

than information which is a matter of public

record) may be included in a subsequent con-

sumer report unless such adverse information

has been verified in the process of making such

subsequent consumer report, or the adverse in-

formation was received within the three-month

period preceding the date the subsequent report

is furnished.

(Pub. L. 90–321, title VI, § 614, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1133.)

§ 1681m. Requirements on users of consumer re-

ports

(a) Duties of users taking adverse actions on

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 written or elec-

tronic disclosure—

(A) of a numerical credit score as defined

in section 1681g(f)(2)(A) of this title used by

such person in taking any adverse action

based in whole or in part on any information

in a consumer report; and

(B) of the information set forth in subpara-

graphs (B) through (E) of section 1681g(f)(1)

of this title;

(3) provide to the consumer orally, in writ-

ing, or electronically—

(A) the name, address, and telephone num-

ber of the consumer reporting agency (in-

cluding a toll-free telephone number estab-

lished by the agency if the agency compiles

and maintains files on consumers on a na-

tionwide basis) that furnished the report to

the person; and

(B) a statement that the consumer report-

ing agency did not make the decision to

take the adverse action and is unable to pro-

vide the consumer the specific reasons why

the adverse action was taken; and

(4) provide to the consumer an oral, written,

or electronic notice of the consumer’s right—

(A) to obtain, under section 1681j of this

title, a free copy of a consumer report on the

consumer from the consumer reporting

agency referred to in paragraph (3), which

notice shall include an indication of the 60-

day period under that section for obtaining

such a copy; and

(B) to dispute, under section 1681i of this

title, with a consumer reporting agency the

accuracy or completeness of any informa-

tion in a consumer report furnished by the

agency.

(b) Adverse action based on information ob-

tained from third parties other than con-

sumer 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 in-

creased either wholly or partly because of in-

formation obtained from a person other than a

consumer reporting agency bearing upon the

consumer’s credit worthiness, credit standing,

Page 1396 TITLE 15—COMMERCE AND TRADE § 1681m

credit capacity, character, general reputation,

personal characteristics, or mode of living, the

user of such information shall, within a rea-

sonable period of time, upon the consumer’s

written request for the reasons for such ad-

verse 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 con-

sumer.

(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 con-

sumer, based in whole or in part on informa-

tion described in subparagraph (C), the per-

son shall—

(i) notify the consumer of the action, in-

cluding a statement that the consumer

may obtain the information in accordance

with clause (ii); and

(ii) upon a written request from the con-

sumer received within 60 days after trans-

mittal 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 re-

ceipt of the request.

(B) Action described

An action referred to in subparagraph (A)

is an adverse action described in section

1681a(k)(1)(A) of this title, taken in connec-

tion with a transaction initiated by the con-

sumer, or any adverse action described in

clause (i) or (ii) of section 1681a(k)(1)(B) of

this title.

Information referred to in subparagraph

(A)—

(i) except as provided in clause (ii), is in-

formation that—

(I) is furnished to the person taking

the action by a person related by com-

mon ownership or affiliated by common

corporate control to the person taking

the action; and

(II) bears on the credit worthiness,

credit standing, credit capacity, char-

acter, general reputation, personal char-

acteristics, or mode of living of the con-

sumer; and

(ii) does not include—

(I) information solely as to trans-

actions or experiences between the con-

sumer and the person furnishing the in-

formation; or

(II) information in a consumer report.

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 vio-

lation he maintained reasonable procedures to

assure compliance with the provisions of this

section.

(d) Duties of users making written credit or in-

surance solicitations on 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 1681b(c)(1)(B) of this title, shall

provide with each written solicitation made to

the consumer regarding the transaction a

clear and conspicuous statement that—

(A) information contained in the consum-

er’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;

may not be extended if, after the consumer

responds to the offer, the consumer does not

meet the criteria used to select the con-

sumer 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 sec-

tion 1681b(e) of this title.

(2) Disclosure of address and telephone num-

ber; format

A statement under paragraph (1) shall—

(A) include the address and toll-free tele-

phone number of the appropriate notifica-

tion system established under section

1681b(e) of this title; and

(B) be presented in such format and in

such type size and manner as to be simple

and easy to understand, as established by

the Bureau, by rule, in consultation with the

Federal Trade Commission, the Federal

banking agencies, and the National Credit

Union Administration.

(3) Maintaining criteria on file

A person who makes an offer of credit or in-

surance to a consumer under a credit or insur-

ance transaction described in paragraph (1)

shall maintain on file the criteria used to se-

lect the consumer to receive the offer, all cri-

teria bearing on credit worthiness or insur-

ability, as applicable, that are the basis for de-

termining whether or not to extend credit or

insurance pursuant to the offer, and any re-

quirement for the furnishing of collateral as a

condition of the extension of credit or insur-

ance, until the expiration of the 3-year period

beginning on the date on which the offer is

made to the consumer.

Page 1397 TITLE 15—COMMERCE AND TRADE § 1681m

(4) Authority of Federal agencies regarding un-

fair or deceptive acts or practices not af-

fected

This section is not intended to affect the au-

thority of any Federal or State agency to en-

force 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.

(e) Red flag guidelines and regulations required

(1) Guidelines

The Federal banking agencies, the National

Credit Union Administration, the Federal

Trade Commission, the Commodity Futures

Trading Commission, and the Securities and

Exchange Commission shall jointly, with re-

spect to the entities that are subject to their

respective enforcement authority under sec-

tion 1681s of this title—

(A) establish and maintain guidelines for

use by each financial institution and each

creditor regarding identity theft with re-

spect to account holders at, or customers of,

such entities, and update such guidelines as

often as necessary;

(B) prescribe regulations requiring each fi-

nancial institution and each creditor to es-

tablish reasonable policies and procedures

for implementing the guidelines established

pursuant to subparagraph (A), to identify

possible risks to account holders or cus-

tomers or to the safety and soundness of the

institution or customers; and

issuers to ensure that, if a card issuer re-

ceives notification of a change of address for

an existing account, and within a short pe-

riod of time (during at least the first 30 days

after such notification is received) receives a

request for an additional or replacement

card for the same account, the card issuer

may not issue the additional or replacement

card, unless the card issuer, in accordance

with reasonable policies and procedures—

(i) notifies the cardholder of the request

at the former address of the cardholder

and provides to the cardholder a means of

promptly reporting incorrect address

changes;

(ii) notifies the cardholder of the request

by such other means of communication as

the cardholder and the card issuer pre-

viously agreed to; or

(iii) uses other means of assessing the

validity of the change of address, in ac-

cordance with reasonable policies and pro-

cedures established by the card issuer in

accordance with the regulations prescribed

under subparagraph (B).

(2) Criteria

(A) In general

In developing the guidelines required by

paragraph (1)(A), the agencies described in

paragraph (1) shall identify patterns, prac-

tices, and specific forms of activity that in-

dicate the possible existence of identity

theft.

(B) Inactive accounts

In developing the guidelines required by

paragraph (1)(A), the agencies described in

paragraph (1) shall consider including rea-

sonable guidelines providing that when a

transaction occurs with respect to a credit

or deposit account that has been inactive for

more than 2 years, the creditor or financial

institution shall follow reasonable policies

and procedures that provide for notice to be

given to a consumer in a manner reasonably

designed to reduce the likelihood of identity

theft with respect to such account.

(3) Consistency with verification requirements

Guidelines established pursuant to para-

graph (1) shall not be inconsistent with the

policies and procedures required under section

5318(l) of title 31.

(4) Definitions

As used in this subsection, the term ‘‘credi-

tor’’—

(A) means a creditor, as defined in section

1691a of this title, that regularly and in the

ordinary course of business—

(i) obtains or uses consumer reports, di-

rectly or indirectly, in connection with a

credit transaction;

(ii) furnishes information to consumer

reporting agencies, as described in section

1681s–2 of this title, in connection with a

credit transaction; or

(iii) advances funds to or on behalf of a

person, based on an obligation of the per-

son to repay the funds or repayable from

specific property pledged by or on behalf of

the person;

(B) does not include a creditor described in

subparagraph (A)(iii) that advances funds on

behalf of a person for expenses incidental to

a service provided by the creditor to that

person; and

defined in that section 1691a of this title, as

the agency described in paragraph (1) having

authority over that creditor may determine

appropriate by rule promulgated by that

agency, based on a determination that such

creditor offers or maintains accounts that

are subject to a reasonably foreseeable risk

of identity theft.

(f) Prohibition on sale or transfer of debt caused

by identity theft

(1) In general

No person shall sell, transfer for consider-

ation, or place for collection a debt that such

person has been notified under section 1681c–2

of this title has resulted from identity theft.

(2) Applicability

The prohibitions of this subsection shall

apply to all persons collecting a debt described

in paragraph (1) after the date of a notifica-

tion under paragraph (1).

(3) Rule of construction

Nothing in this subsection shall be con-

strued to prohibit—

(A) the repurchase of a debt in any case in

which the assignee of the debt requires such

Page 1398 TITLE 15—COMMERCE AND TRADE § 1681m

repurchase because the debt has resulted

from identity theft;

(B) the securitization of a debt or the

pledging of a portfolio of debt as collateral

in connection with a borrowing; or

merger, acquisition, purchase and assump-

tion transaction, or transfer of substantially

all of the assets of an entity.

(g) Debt collector communications concerning

identity theft

If a person acting as a debt collector (as that

term is defined in subchapter V of this chapter)

on behalf of a third party that is a creditor or

other user of a consumer report is notified that

any information relating to a debt that the per-

son is attempting to collect may be fraudulent

or may be the result of identity theft, that per-

son shall—

(1) notify the third party that the informa-

tion may be fraudulent or may be the result of

identity theft; and

(2) upon request of the consumer to whom

the debt purportedly relates, provide to the

consumer all information to which the con-

sumer would otherwise be entitled if the con-

sumer were not a victim of identity theft, but

wished to dispute the debt under provisions of

law applicable to that person.

(h) Duties of users in certain credit transactions

(1) In general

Subject to rules prescribed as provided in

paragraph (6), if any person uses a consumer

report in connection with an application for,

or a grant, extension, or other provision of,

credit on material terms that are materially

less favorable than the most favorable terms

available to a substantial proportion of con-

sumers from or through that person, based in

whole or in part on a consumer report, the per-

son shall provide an oral, written, or elec-

tronic notice to the consumer in the form and

manner required by regulations prescribed in

accordance with this subsection.

(2) Timing

The notice required under paragraph (1) may

be provided at the time of an application for,

or a grant, extension, or other provision of,

credit or the time of communication of an ap-

proval of an application for, or grant, exten-

sion, or other provision of, credit, except as

provided in the regulations prescribed under

paragraph (6).

(3) Exceptions

No notice shall be required from a person

under this subsection if—

(A) the consumer applied for specific mate-

rial terms and was granted those terms, un-

less those terms were initially specified by

the person after the transaction was initi-

ated by the consumer and after the person

obtained a consumer report; or

(B) the person has provided or will provide

a notice to the consumer under subsection

(a) of this section in connection with the

transaction.

(4) Other notice not sufficient

A person that is required to provide a notice

under subsection (a) of this section cannot

meet that requirement by providing a notice

under this subsection.

(5) Content and delivery of notice

A notice under this subsection shall, at a

minimum—

(A) include a statement informing the con-

sumer that the terms offered to the con-

sumer are set based on information from a

consumer report;

(B) identify the consumer reporting agen-

cy furnishing the report;

sumer that the consumer may obtain a copy

of a consumer report from that consumer re-

porting agency without charge;

(D) include the contact information speci-

fied by that consumer reporting agency for

obtaining such consumer reports (including

a toll-free telephone number established by

the agency in the case of a consumer report-

ing agency described in section 1681a(p) of

this title); and

(E) include a statement informing the con-

sumer of—

(i) a numerical credit score as defined in

section 1681g(f)(2)(A) of this title, used by

such person in making the credit decision

described in paragraph (1) based in whole

or in part on any information in a con-

sumer report; and

(ii) the information set forth in subpara-

graphs (B) through (E) of section 1681g(f)(1)

of this title.

(6) Rulemaking

(A) Rules required

The Bureau shall prescribe rules to carry

out this subsection.

(B) Content

Rules required by subparagraph (A) shall

address, but are not limited to—

(i) the form, content, time, and manner

of delivery of any notice under this sub-

section;

(ii) clarification of the meaning of terms

used in this subsection, including what

credit terms are material, and when credit

terms are materially less favorable;

(iii) exceptions to the notice require-

ment under this subsection for classes of

persons or transactions regarding which

the agencies determine that notice would

not significantly benefit consumers;

(iv) a model notice that may be used to

comply with this subsection; and

(v) the timing of the notice required

under paragraph (1), including the circum-

stances under which the notice must be

provided after the terms offered to the

consumer were set based on information

from a consumer report.

(7) Compliance

A person shall not be liable for failure to

perform the duties required by this section if,

at the time of the failure, the person main-

tained reasonable policies and procedures to

comply with this section.

Page 1399 TITLE 15—COMMERCE AND TRADE § 1681n

(8) Enforcement

(A) No civil actions

Sections 1681n and 1681o of this title shall

not apply to any failure by any person to

comply with this section.

(B) Administrative enforcement

This section shall be enforced exclusively

under section 1681s of this title by the Fed-

eral agencies and officials identified in that

section.

(Pub. L. 90–321, title VI, § 615, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1133;

amended Pub. L. 104–208, div. A, title II, § 2411,

Sept. 30, 1996, 110 Stat. 3009–443; Pub. L. 108–159,

title I, §§ 114, 154(b), 155, title II, § 213(a), title III,

§ 311(a), title VIII, § 811(h), Dec. 4, 2003, 117 Stat.

1960, 1967, 1978, 1988, 2012; Pub. L. 111–203, title X,

§§ 1088(a)(2)(C), (7)–(9), 1100F, July 21, 2010, 124

Stat. 2087, 2088, 2112; Pub. L. 111–319, § 2(a), Dec.

18, 2010, 124 Stat. 3457.)

MENDMENTS

2010—Subsec. (a)(2) to (4). Pub. L. 111–203, § 1100F(1),

added par. (2), redesignated former pars. (2) and (3) as

(3) and (4), respectively, and substituted ‘‘paragraph

(3)’’ for ‘‘paragraph (2)’’ in par. (4).

Subsec. (d)(2)(B). Pub. L. 111–203, § 1088(a)(7), sub-

stituted ‘‘the Federal Trade Commission, the Federal

banking agencies,’’ for ‘‘the Federal banking agencies’’.

Pub. L. 111–203, § 1088(a)(2)(C), substituted ‘‘the Bu-

reau’’ for ‘‘the Commission’’.

Subsec. (e)(1). Pub. L. 111–203, § 1088(a)(8), substituted

‘‘the Federal Trade Commission, the Commodity Fu-

tures Trading Commission, and the Securities and Ex-

change Commission’’ for ‘‘and the Commission’’ in in-

troductory provisions.

Subsec. (e)(4). Pub. L. 111–319 added par. (4).

Subsec. (h)(5)(E). Pub. L. 111–203, § 1100F(2), added sub-

par. (E).

Subsec. (h)(6)(A). Pub. L. 111–203, § 1088(a)(9), added

subpar. (A) and struck out former subpar. (A). Prior to

amendment, text read as follows: ‘‘The Commission and

the Board shall jointly prescribe rules.’’

2003—Subsec. (d)(2). Pub. L. 108–159, § 213(a), amended

heading and text of par. (2) generally. Prior to amend-

ment, text read as follows: ‘‘A statement under para-

graph (1) shall include the address and toll-free tele-

phone number of the appropriate notification system

established under section 1681b(e) of this title.’’

Subsec. (e). Pub. L. 108–159, § 811(h), repealed Pub. L.

104–208, § 2411(c). See 1996 Amendment note below.

Pub. L. 108–159, § 114, added subsec. (e) and struck out

former subsec. (e) designation that had been added with

no heading or text by Pub. L. 104–208, § 2411(c). See note

above and 1996 Amendment note below.

Subsec. (f). Pub. L. 108–159, § 154(b), added subsec. (f).

Subsec. (g). Pub. L. 108–159, § 155, added subsec. (g).

Subsec. (h). Pub. L. 108–159, § 311(a), added subsec. (h).

1996—Subsec. (a). Pub. L. 104–208, § 2411(a), inserted

heading and amended text of subsec. (a) generally.

Prior to amendment, text read as follows: ‘‘Whenever

credit or insurance for personal, family, or household

purposes, or employment involving a consumer is de-

nied or the charge for such credit or insurance is in-

creased either wholly or partly because of information

contained in a consumer report from a consumer re-

porting agency, the user of the consumer report shall

so advise the consumer against whom such adverse ac-

tion has been taken and supply the name and address

of the consumer reporting agency making the report.’’

Subsec. (b). Pub. L. 104–208, § 2411(e), inserted subsec.

heading, designated existing provisions as par. (1) and

inserted heading, and added par. (2).

Subsec. (c). Pub. L. 104–208, § 2411(d), substituted ‘‘this

section’’ for ‘‘subsections (a) and (b) of this section’’.

Subsec. (d). Pub. L. 104–208, § 2411(b), added subsec. (d).

Subsec. (e). Pub. L. 104–208, § 2411(c), which added sub-

sec. (e) containing subsec. designation, but no heading

or text, was repealed by Pub. L. 108–159, § 811(h).

FFECTIVE

ATE OF

2010 A

MENDMENT

Pub. L. 111–319, § 2(b), Dec. 18, 2010, 124 Stat. 3458, pro-

vided that: ‘‘The amendment made by this section

[amending this section] shall become effective on the

date of enactment of this Act [Dec. 18, 2010].’’

Amendment by Pub. L. 111–203 effective on the des-

ignated transfer date, see section 1100H of Pub. L.

111–203, set out as a note under section 552a of Title 5,

Government Organization and Employees.

FFECTIVE

ATE OF

2003 A

MENDMENT

Amendment by Pub. L. 108–159 subject to joint regu-

lations establishing effective dates as prescribed by

Federal Reserve Board and Federal Trade Commission,

except as otherwise provided, see section 3 of Pub. L.

108–159, set out as a note under section 1681 of this title.

FFECTIVE

ATE OF

1996 A

MENDMENT

Amendment by Pub. L. 104–208 effective 365 days after

Sept. 30, 1996, with special rule for early compliance,

see section 2420 of Pub. L. 104–208, set out as a note

under section 1681a of this title.

EGULATIONS

Pub. L. 108–159, title II, § 213(b), Dec. 4, 2003, 117 Stat.

1979, provided that: ‘‘Regulations required by section

615(d)(2) of the Fair Credit Reporting Act [15 U.S.C.

1681m(d)(2)], as amended by this section, shall be issued

in final form not later than 1 year after the date of en-

actment of this Act [Dec. 4, 2003].’’

§ 1681n. Civil liability for willful noncompliance

(a) In general

Any person who willfully fails to comply with

any requirement imposed under this subchapter

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;

(B) in the case of liability of a natural per-

son for obtaining a consumer report under

false pretenses or knowingly without a per-

missible 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 en-

force 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 report-

ing agency for actual damages sustained by the

consumer reporting agency or $1,000, whichever

is greater.

Upon a finding by the court that an unsuccess-

ful pleading, motion, or other paper filed in con-

nection with an action under this section was

filed in bad faith or for purposes of harassment,

the court shall award to the prevailing party at-

Page 1400 TITLE 15—COMMERCE AND TRADE § 1681o

torney’s fees reasonable in relation to the work

expended in responding to the pleading, motion,

or other paper.

(d) Clarification of willful noncompliance

For the purposes of this section, any person

who printed an expiration date on any receipt

provided to a consumer cardholder at a point of

sale or transaction between December 4, 2004,

and June 3, 2008, but otherwise complied with

the requirements of section 1681c(g) of this title

for such receipt shall not be in willful non-

compliance with section 1681c(g) of this title by

reason of printing such expiration date on the

receipt.

(Pub. L. 90–321, title VI, § 616, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1134;

amended Pub. L. 104–208, div. A, title II,

§ 2412(a)–(c), (e)(1), Sept. 30, 1996, 110 Stat.

3009–446; Pub. L. 110–241, § 3(a), June 3, 2008, 122

Stat. 1566.)

MENDMENTS

2008—Subsec. (d). Pub. L. 110–241 added subsec. (d).

1996—Subsec. (a). Pub. L. 104–208, § 2412(a), designated

existing provisions as subsec. (a), inserted heading, and

in introductory provisions substituted ‘‘Any person

who’’ for ‘‘Any consumer reporting agency or user of

information which’’.

Subsec. (a)(1). Pub. L. 104–208, § 2412(b), amended par.

(1) generally. Prior to amendment, par. (1) read as fol-

lows: ‘‘any actual damages sustained by the consumer

as a result of the failure;’’.

Subsec. (b). Pub. L. 104–208, § 2412(c), added subsec. (b).

Subsec. (c). Pub. L. 104–208, § 2412(e)(1), added subsec.

(c).

FFECTIVE

ATE OF

1996 A

MENDMENT

Amendment by Pub. L. 104–208 effective 365 days after

Sept. 30, 1996, with special rule for early compliance,

see section 2420 of Pub. L. 104–208, set out as a note

under section 1681a of this title.

ONSTRUCTION

Pub. L. 108–159, title III, § 312(f), Dec. 4, 2003, 117 Stat.

1993, provided that: ‘‘Nothing in this section, the

amendments made by this section, or any other provi-

sion of this Act [see Short Title of 2003 Amendment

note set out under section 1601 of this title] shall be

construed to affect any liability under section 616 or 617

of the Fair Credit Reporting Act (15 U.S.C. 1681n, 1681o)

that existed on the day before the date of enactment of

this Act [Dec. 4, 2003].’’

TATEMENT OF

INDINGS AND

URPOSE FOR

2008

MENDMENT

Pub. L. 110–241, § 2, June 3, 2008, 122 Stat. 1565, pro-

vided that:

‘‘(a) F

INDINGS

.—The Congress finds as follows:

‘‘(1) The Fair and Accurate Credit Transactions Act

[of 2003] (commonly referred to as ‘FACTA’) [Pub. L.

108–159, see Short Title of 2003 Amendment note set

out under section 1601 of this title] was enacted into

law in 2003 and 1 of the purposes of such Act is to pre-

vent criminals from obtaining access to consumers’

private financial and credit information in order to

reduce identity theft and credit card fraud.

‘‘(2) As part of that law, the Congress enacted a re-

quirement, through an amendment to the Fair Credit

Reporting Act [15 U.S.C. 1681 et seq.], that no person

that accepts credit cards or debit cards for the trans-

action of business shall print more than the last 5

digits of the card number or the expiration date upon

any receipt provided to the card holder at the point

of the sale or transaction.

‘‘(3) Many merchants understood that this require-

ment would be satisfied by truncating the account

number down to the last 5 digits based in part on the

language of the provision as well as the publicity in

the aftermath of the passage of the law.

‘‘(4) Almost immediately after the deadline for

compliance passed, hundreds of lawsuits were filed al-

leging that the failure to remove the expiration date

was a willful violation of the Fair Credit Reporting

Act even where the account number was properly

truncated.

‘‘(5) None of these lawsuits contained an allegation

of harm to any consumer’s identity.

‘‘(6) Experts in the field agree that proper trunca-

tion of the card number, by itself as required by the

amendment made by the Fair and Accurate Credit

Transactions Act [of 2003], regardless of the inclusion

of the expiration date, prevents a potential fraudster

from perpetrating identity theft or credit card fraud.

‘‘(7) Despite repeatedly being denied class certifi-

cation, the continued appealing and filing of these

lawsuits represents a significant burden on the hun-

dreds of companies that have been sued and could

well raise prices to consumers without corresponding

consumer protection benefit.

‘‘(b) P

URPOSE

.—The purpose of this Act [amending

this section and enacting provisions set out as notes

under this section and section 1601 of this title] is to

ensure that consumers suffering from any actual harm

to their credit or identity are protected while simulta-

neously limiting abusive lawsuits that do not protect

consumers but only result in increased cost to business

and potentially increased prices to consumers.’’

ETROACTIVE

FFECT OF

2008 A

MENDMENT

Pub. L. 110–241, § 3(b), June 3, 2008, 122 Stat. 1566, pro-

vided that: ‘‘The amendment made by subsection (a)

[amending this section] shall apply to any action, other

than an action which has become final, that is brought

for a violation of [section] 605(g) of the Fair Credit Re-

porting Act [15 U.S.C. 1681c(g)] to which such amend-

ment applies without regard to whether such action is

brought before or after the date of the enactment of

this Act [June 3, 2008].’’

§ 1681o. Civil liability for negligent noncompli-

ance

(a) In general

Any person who is negligent in failing to com-

ply with any requirement imposed under this

subchapter with respect to any consumer is lia-

ble to that consumer in an amount equal to the

sum of—

(1) any actual damages sustained by the con-

sumer as a result of the failure; and

(2) in the case of any successful action to en-

force 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 connec-

tion with an action under this section was filed

in bad faith or for purposes of harassment, the

court shall award to the prevailing party attor-

ney’s fees reasonable in relation to the work ex-

pended in responding to the pleading, motion, or

other paper.

(Pub. L. 90–321, title VI, § 617, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1134;

amended Pub. L. 104–208, div. A, title II, § 2412(d),

(e)(2), Sept. 30, 1996, 110 Stat. 3009–446, 3009–447;

Pub. L. 108–159, title VIII, § 811(e), Dec. 4, 2003,

117 Stat. 2012.)

MENDMENTS

2003—Subsec. (a)(1). Pub. L. 108–159 inserted ‘‘and’’

after semicolon at end.

Page 1401 TITLE 15—COMMERCE AND TRADE § 1681s

So in original.

1996—Subsec. (a). Pub. L. 104–208, § 2412(d), designated

existing provisions as subsec. (a), inserted heading, and

substituted ‘‘Any person who’’ for ‘‘Any consumer re-

porting agency or user of information which’’.

Subsec. (b). Pub. L. 104–208, § 2412(e)(2), added subsec.

(b).

FFECTIVE

ATE OF

2003 A

MENDMENT

Amendment by Pub. L. 108–159 subject to joint regu-

lations establishing effective dates as prescribed by

Federal Reserve Board and Federal Trade Commission,

except as otherwise provided, see section 3 of Pub. L.

108–159, set out as a note under section 1681 of this title.

FFECTIVE

ATE OF

1996 A

MENDMENT

Amendment by Pub. L. 104–208 effective 365 days after

Sept. 30, 1996, with special rule for early compliance,

see section 2420 of Pub. L. 104–208, set out as a note

under section 1681a of this title.

§ 1681p. Jurisdiction of courts; limitation of ac-

tions

An action to enforce any liability created

under this subchapter may be brought in any ap-

propriate United States district court, without

regard to the amount in controversy, or in any

other court of competent jurisdiction, not later

than the earlier of—

(1) 2 years after the date of discovery by the

plaintiff of the violation that is the basis for

such liability; or

(2) 5 years after the date on which the viola-

tion that is the basis for such liability occurs.

(Pub. L. 90–321, title VI, § 618, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1134;

amended Pub. L. 108–159, title I, § 156, Dec. 4,

2003, 117 Stat. 1968.)

MENDMENTS

2003—Pub. L. 108–159 reenacted section catchline

without change and amended text generally. Prior to

amendment, text read as follows: ‘‘An action to enforce

any liability created under this subchapter 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 mis-

represented any information required under this sub-

chapter to be disclosed to an individual and the infor-

mation so misrepresented is material to the establish-

ment of the defendant’s liability to that individual

under this subchapter, the action may be brought at

any time within two years after discovery by the indi-

vidual of the misrepresentation.’’

FFECTIVE

ATE OF

2003 A

MENDMENT

Amendment by Pub. L. 108–159 subject to joint regu-

lations establishing effective dates as prescribed by

Federal Reserve Board and Federal Trade Commission,

except as otherwise provided, see section 3 of Pub. L.

108–159, set out as a note under section 1681 of this title.

§ 1681q. Obtaining information under false pre-

tenses

Any person who knowingly and willfully ob-

tains information on a consumer from a con-

sumer reporting agency under false pretenses

shall be fined under title 18, imprisoned for not

more than 2 years, or both.

(Pub. L. 90–321, title VI, § 619, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1134;

amended Pub. L. 104–208, div. A, title II, § 2415(a),

Sept. 30, 1996, 110 Stat. 3009–450.)

MENDMENTS

1996—Pub. L. 104–208 substituted ‘‘fined under title 18,

imprisoned for not more than 2 years, or both’’ for

‘‘fined not more than $5,000 or imprisoned not more

than one year, or both’’.

FFECTIVE

ATE OF

1996 A

MENDMENT

Amendment by Pub. L. 104–208 effective 365 days after

Sept. 30, 1996, with special rule for early compliance,

see section 2420 of Pub. L. 104–208, set out as a note

under section 1681a of this title.

§ 1681r. Unauthorized disclosures by officers or

employees

Any officer or employee of a consumer report-

ing agency who knowingly and willfully pro-

vides information concerning an individual from

the agency’s files to a person not authorized to

receive that information shall be fined under

title 18, imprisoned for not more than 2 years, or

both.

(Pub. L. 90–321, title VI, § 620, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1134;

amended Pub. L. 104–208, div. A, title II, § 2415(b),

Sept. 30, 1996, 110 Stat. 3009–450.)

MENDMENTS

1996—Pub. L. 104–208 substituted ‘‘fined under title 18,

imprisoned for not more than 2 years, or both’’ for

‘‘fined not more than $5,000 or imprisoned not more

than one year, or both’’.

FFECTIVE

ATE OF

1996 A

MENDMENT

Amendment by Pub. L. 104–208 effective 365 days after

Sept. 30, 1996, with special rule for early compliance,

see section 2420 of Pub. L. 104–208, set out as a note

under section 1681a of this title.

§ 1681s. Administrative enforcement

(a) Enforcement by Federal Trade Commission

(1) In general

The Federal Trade Commission shall be au-

thorized to enforce compliance with the re-

quirements imposed by this subchapter under

the Federal Trade Commission Act (15 U.S.C.

41 et seq.), with respect to consumer reporting

agencies and all other persons subject thereto,

except to the extent that enforcement of the

requirements imposed under this subchapter is

specifically committed to some other Govern-

ment agency under any of subparagraphs (A)

through (G) of subsection (b)(1), and subject to

subtitle B of the Consumer Financial Protec-

tion Act of 2010 [12 U.S.C. 5511 et seq.], sub-

section (b).

For the purpose of the exercise by

the Federal Trade Commission of its functions

and powers under the Federal Trade Commis-

sion Act, a violation of any requirement or

prohibition imposed under this subchapter

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 enforce-

ment by the Federal Trade Commission under

section 5(b) of that Act [15 U.S.C. 45(b)] with

respect to any consumer reporting agency or

person that is subject to enforcement by the

Federal Trade Commission pursuant to this

subsection, irrespective of whether that per-

Page 1402 TITLE 15—COMMERCE AND TRADE § 1681s

son is engaged in commerce or meets any

other jurisdictional tests under the Federal

Trade Commission Act. The Federal Trade

Commission shall have such procedural, inves-

tigative, and enforcement powers, including

the power to issue procedural rules in enforc-

ing compliance with the requirements imposed

under this subchapter and to require the filing

of reports, the production of documents, and

the appearance of witnesses, as though the ap-

plicable terms and conditions of the Federal

Trade Commission Act were part of this sub-

chapter. Any person violating any of the pro-

visions of this subchapter shall be subject to

the penalties and entitled to the privileges and

immunities provided in the Federal Trade

Commission Act as though the applicable

terms and provisions of such Act are part of

this subchapter.

(2) Penalties

(A) Knowing violations

Except as otherwise provided by subtitle B

of the Consumer Financial Protection Act of

2010, in the event of a knowing violation,

which constitutes a pattern or practice of

violations of this subchapter, the Federal

Trade Commission may commence a civil

action to recover a civil penalty in a district

court of the United States against any per-

son that violates this subchapter. In such ac-

tion, such person shall be liable for a civil

penalty of not more than $2,500 per viola-

tion.

(B) Determining penalty amount

In determining the amount of a civil pen-

alty under subparagraph (A), the court shall

take into account the degree of culpability,

any history of such prior conduct, ability to

pay, effect on ability to continue to do busi-

ness, and such other matters as justice may

require.

Notwithstanding paragraph (2), a court

may not impose any civil penalty on a per-

son for a violation of section 1681s–2(a)(1) of

this title, unless the person has been en-

joined from committing the violation, or or-

dered not to commit the violation, in an ac-

tion or proceeding brought by or on behalf of

the Federal Trade Commission, and has vio-

lated the injunction or order, and the court

may not impose any civil penalty for any

violation occurring before the date of the

violation of the injunction or order.

(b) Enforcement by other agencies

(1) In general

Subject to subtitle B of the Consumer Fi-

nancial Protection Act of 2010, compliance

with the requirements imposed under this sub-

chapter with respect to consumer reporting

agencies, persons who use consumer reports

from such agencies, persons who furnish infor-

mation to such agencies, and users of informa-

tion that are subject to section 1681m(d) of

this title shall be enforced under—

(A) section 8 of the Federal Deposit Insur-

ance Act (12 U.S.C. 1818), by the appropriate

Federal banking agency, as defined in sec-

tion 3(q) of the Federal Deposit Insurance

Act (12 U.S.C. 1813(q)), with respect to—

(i) any national bank or State savings

association, and any Federal branch or

Federal agency of a foreign bank;

(ii) any member bank of the Federal Re-

serve System (other than a national bank),

a branch or agency of a foreign bank

(other than a Federal branch, Federal

agency, or insured State branch of a for-

eign bank), a commercial lending company

owned or controlled by a foreign bank, and

any organization operating under section

25 or 25A of the Federal Reserve Act [12

U.S.C. 601 et seq., 611 et seq.]; and

(iii) any bank or Federal savings associa-

tion insured by the Federal Deposit Insur-

ance Corporation (other than a member of

the Federal Reserve System) and any in-

sured State branch of a foreign bank;

(B) the Federal Credit Union Act (12 U.S.C.

1751 et seq.), by the Administrator of the Na-

tional Credit Union Administration with re-

spect to any Federal credit union;

of Transportation, with respect to all car-

riers subject to the jurisdiction of the Sur-

face Transportation Board;

(D) part A of subtitle VII of title 49, by the

Secretary of Transportation, with respect to

any air carrier or foreign air carrier subject

to that part;

(E) 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, 227]), by

the Secretary of Agriculture, with respect to

any activities subject to that Act;

(F) the Commodity Exchange Act [7 U.S.C.

1 et seq.], with respect to a person subject to

the jurisdiction of the Commodity Futures

Trading Commission;

(G) the Federal securities laws, and any

other laws that are subject to the jurisdic-

tion of the Securities and Exchange Com-

mission, with respect to a person that is sub-

ject to the jurisdiction of the Securities and

Exchange Commission; and

(H) subtitle E of the Consumer Financial

Protection Act of 2010 [12 U.S.C. 5561 et seq.],

by the Bureau, with respect to any person

subject to this subchapter.

(2) Incorporated definitions

The terms used in paragraph (1) that are not

defined in this subchapter or otherwise defined

in section 3(s) of the Federal Deposit Insur-

ance Act (12 U.S.C. 1813(s)) have the same

meanings as in section 1(b) of the Inter-

national Banking Act of 1978 (12 U.S.C. 3101).

(1) Authority of States

In addition to such other remedies as are

provided under State law, if the chief law en-

forcement officer of a State, or an official or

agency designated by a State, has reason to

believe that any person has violated or is vio-

lating this subchapter, the State—

(A) may bring an action to enjoin such vio-

lation in any appropriate United States dis-

trict court or in any other court of com-

petent jurisdiction;

Page 1403 TITLE 15—COMMERCE AND TRADE § 1681s

So in original. Probably should be followed by a period.

(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 1681n and

1681o of this title as a result of the viola-

tion;

(ii) in the case of a violation described in

any of paragraphs (1) through (3) of section

1681s–2(c) of this title, damages for which

the person would, but for section 1681s–2(c)

of this title, 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

under subparagraph (A) or (B), shall be

awarded the costs of the action and reason-

able 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 Bu-

reau and the Federal Trade Commission or the

appropriate Federal regulator determined

under subsection (b) of this section and pro-

vide the Bureau and the Federal Trade Com-

mission or appropriate Federal regulator with

a copy of its complaint, except in any case in

which such prior notice is not feasible, in

which case the State shall serve such notice

immediately upon instituting such action. The

Bureau and the Federal Trade 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;

priate 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 offi-

cer, or an official or agency designated by a

State, from exercising the powers conferred on

the chief law enforcement officer or such offi-

cial by the laws of such State to conduct in-

vestigations or to administer oaths or affirma-

tions or to compel the attendance of witnesses

or the production of documentary and other

evidence.

(4) Limitation on State action while Federal ac-

tion pending

If the Bureau, the Federal Trade Commis-

sion, or the appropriate Federal regulator has

instituted a civil action or an administrative

action under section 8 of the Federal Deposit

Insurance Act [12 U.S.C. 1818] for a violation of

this subchapter, no State may, during the

pendency of such action, bring an action under

this section against any defendant named in

the complaint of the Bureau, the Federal

Trade Commission, or the appropriate Federal

regulator for any violation of this subchapter

that is alleged in that complaint.

(5) Limitations on State actions for certain vio-

lations

(A) Violation of injunction required

A State may not bring an action against a

person under paragraph (1)(B) for a violation

described in any of paragraphs (1) through

(3) of section 1681s–2(c) of this title, 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 injunc-

tion.

(B) Limitation on damages recoverable

In an action against a person under para-

graph (1)(B) for a violation described in any

of paragraphs (1) through (3) of section

1681s–2(c) of this title, a State may not re-

cover 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 sub-

section, a violation of any requirement imposed

under this subchapter shall be deemed to be a

violation of a requirement imposed under that

Act. In addition to its powers under any provi-

sion of law specifically referred to in subsection

(b) of this section, each of the agencies referred

to in that subsection may exercise, for the pur-

pose of enforcing compliance with any require-

ment imposed under this subchapter any other

authority conferred on it by law.

(e) Regulatory authority

(1) In general

The Bureau shall prescribe such regulations

as are necessary to carry out the purposes of

this subchapter, except with respect to sec-

tions 1681m(e) and 1681w of this title. The Bu-

reau may prescribe regulations as may be nec-

essary or appropriate to administer and carry

out the purposes and objectives of this sub-

chapter, and to prevent evasions thereof or to

facilitate compliance therewith. Except as

provided in section 1029(a) of the Consumer Fi-

nancial Protection Act of 2010 [12 U.S.C.

5519(a)], the regulations prescribed by the Bu-

reau under this subchapter shall apply to any

person that is subject to this subchapter, not-

withstanding the enforcement authorities

granted to other agencies under this section.

(2) Deference

Notwithstanding any power granted to any

Federal agency under this subchapter, the def-

erence that a court affords to a Federal agen-

cy with respect to a determination made by

such agency relating to the meaning or inter-

pretation of any provision of this subchapter

that is subject to the jurisdiction of such

agency shall be applied as if that agency were

the only agency authorized to apply, enforce,

interpret, or administer the provisions of this

subchapter

The regulations prescribed by the

Page 1404 TITLE 15—COMMERCE AND TRADE § 1681s

So in original. Probably should be ‘‘Bureau,’’.

Bureau under this subchapter shall apply to

any person that is subject to this subchapter,

notwithstanding the enforcement authorities

granted to other agencies under this section.

(f) Coordination of consumer complaint inves-

tigations

(1) In general

Each consumer reporting agency described

in section 1681a(p) of this title shall develop

and maintain procedures for the referral to

each other such agency of any consumer com-

plaint received by the agency alleging identity

theft, or requesting a fraud alert under section

1681c–1 of this title or a block under section

1681c–2 of this title.

(2) Model form and procedure for reporting

identity theft

The Commission,

in consultation with the

Federal Trade Commission, the Federal bank-

ing agencies, and the National Credit Union

Administration, shall develop a model form

and model procedures to be used by consumers

who are victims of identity theft for contact-

ing and informing creditors and consumer re-

porting agencies of the fraud.

(3) Annual summary reports

Each consumer reporting agency described

in section 1681a(p) of this title shall submit an

annual summary report to the Bureau on con-

sumer complaints received by the agency on

identity theft or fraud alerts.

(g) Bureau regulation of coding of trade names

If the Bureau determines that a person de-

scribed in paragraph (9) of section 1681s–2(a) of

this title has not met the requirements of such

paragraph, the Bureau shall take action to en-

sure the person’s compliance with such para-

graph, which may include issuing model guid-

ance or prescribing reasonable policies and pro-

cedures, as necessary to ensure that such person

complies with such paragraph.

(Pub. L. 90–321, title VI, § 621, as added Pub. L.

91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1134;

amended Pub. L. 98–443, § 9(n), Oct. 4, 1984, 98

Stat. 1708; Pub. L. 101–73, title VII, § 744(l), Aug.

9, 1989, 103 Stat. 439; Pub. L. 102–242, title II,

§ 212(c), Dec. 19, 1991, 105 Stat. 2300; Pub. L.

102–550, title XVI, § 1604(a)(6), Oct. 28, 1992, 106

Stat. 4082; Pub. L. 104–88, title III, § 314, Dec. 29,

1995, 109 Stat. 948; Pub. L. 104–208, div. A, title II,

§§ 2416–2418, Sept. 30, 1996, 110 Stat. 3009–450 to

3009–452; Pub. L. 105–347, § 6(6), Nov. 2, 1998, 112

Stat. 3211; Pub. L. 106–102, title V, § 506(a), (b),

Nov. 12, 1999, 113 Stat. 1441, 1442; Pub. L. 108–159,

title I, § 153, title III, § 312(e)(2), title IV, § 412(e),

title VIII, § 811(f), Dec. 4, 2003, 117 Stat. 1966, 1993,

2003, 2012; Pub. L. 111–203, title X,

§ 1088(a)(2)(A)–(C), (10), July 21, 2010, 124 Stat.

2087, 2088.)

EFERENCES IN

EXT

The Federal Trade Commission Act, referred to in

subsec. (a)(1), is act Sept. 26, 1914, ch. 311, 38 Stat. 717,

which is classified generally to subchapter I (§ 41 et

seq.) of chapter 2 of this title. For complete classifica-

tion of this Act to the Code, see section 58 of this title

and Tables.

The Consumer Financial Protection Act of 2010, re-

ferred to in subsecs. (a) and (b)(1), is title X of Pub. L.

111–203, July 21, 2010, 124 Stat. 1955. Subtitles B

(§§ 1021–1029A) and E (§§ 1051–1058) of the Act are classi-

fied generally to parts B (§ 5511 et seq.) and E (§ 5561 et

seq.), respectively, of subchapter V of chapter 53 of

Title 12, Banks and Banking. For complete classifica-

tion of subtitles B and E to the Code, see Tables.

Sections 25 and 25A of the Federal Reserve Act, re-

ferred to in subsec. (b)(1)(A)(ii), are classified to sub-

chapters I (§ 601 et seq.) and II (§ 611 et seq.), respec-

tively, of chapter 6 of Title 12, Banks and Banking.

The Federal Credit Union Act, referred to in subsec.

(b)(1)(B), is act June 26, 1934, ch. 750, 48 Stat. 1216, which

is classified generally to chapter 14 (§ 1751 et seq.) of

Title 12. For complete classification of this Act to the

Code, see section 1751 of Title 12 and Tables.

The Packers and Stockyards Act, 1921, referred to in

subsec. (b)(1)(E), is act Aug. 15, 1921, ch. 64, 42 Stat. 159,

which is classified to chapter 9 (§ 181 et seq.) of Title 7,

Agriculture. For complete classification of this Act to

the Code, see section 181 of Title 7 and Tables.

The Commodity Exchange Act, referred to in subsec.

(b)(1)(F), is act Sept. 21, 1922, ch. 369, 42 Stat. 998, which

is classified generally to chapter 1 (§ 1 et seq.) of Title

7, Agriculture. For complete classification of this Act

to the Code, see section 1 of Title 7 and Tables.

ODIFICATION

In subsec. (b)(1)(D), ‘‘part A of subtitle VII of title 49’’

substituted for ‘‘the Federal Aviation Act of 1958 (49

App. U.S.C. 1301 et seq.)’’ and ‘‘that part’’ substituted

for ‘‘that Act’’ on authority of Pub. L. 103–272, § 6(b),

July 5, 1994, 108 Stat. 1378, the first section of which en-

acted subtitles II, III, and V to X of Title 49.

MENDMENTS

2010—Subsec. (a). Pub. L. 111–203, § 1088(a)(10)(A),

added subsec. (a) and struck out former subsec. (a)

which related to enforcement by Federal Trade Com-

mission.

Subsec. (b). Pub. L. 111–203, § 1088(a)(10)(B), added sub-

sec. (b) and struck out former subsec. (b) which related

to enforcement under section 8 of the Federal Deposit

Insurance Act, the Federal Credit Union Act, subtitle

IV of title 49, part A of subtitle VII of title 49, and the

Packers and Stockyards Act, 1921.

Subsec. (c)(2). Pub. L. 111–203, § 1088(a)(10)(C), in intro-

ductory provisions, inserted ‘‘and the Federal Trade

Commission’’ before ‘‘or the appropriate’’ and before

‘‘or appropriate’’ in two places.

Pub. L. 111–203, § 1088(a)(2)(C), in introductory provi-

sions, substituted ‘‘provide the Bureau’’ for ‘‘provide

the Commission’’.

Pub. L. 111–203, § 1088(a)(2)(A), in introductory provi-

sions, substituted ‘‘upon the Bureau’’ for ‘‘upon the

Federal Trade Commission’’ and ‘‘The Bureau’’ for

‘‘The Federal Trade Commission’’.

Subsec. (c)(4). Pub. L. 111–203, § 1088(a)(10)(D), inserted

‘‘, the Federal Trade Commission,’’ before ‘‘or the ap-

propriate’’ in two places.

Pub. L. 111–203, § 1088(a)(2)(C), substituted ‘‘complaint

of the Bureau’’ for ‘‘complaint of the Commission’’.

Pub. L. 111–203, § 1088(a)(2)(A), substituted ‘‘If the Bu-

reau’’ for ‘‘If the Federal Trade Commission’’.

Subsec. (e). Pub. L. 111–203, § 1088(a)(10)(E), added sub-

sec. (e) and struck out former subsec. (e) which related

to prescription of regulations by certain Federal bank-

ing agencies, the Board of Governors of the Federal Re-

serve System, and the Board of the National Credit

Union Administration.

Subsec. (f)(2). Pub. L. 111–203, § 1088(a)(10)(F), sub-

stituted ‘‘the Federal Trade Commission, the Federal

banking agencies,’’ for ‘‘the Federal banking agencies’’.

Subsec. (f)(3). Pub. L. 111–203, § 1088(a)(2)(C), sub-

stituted ‘‘the Bureau’’ for ‘‘the Commission’’.

Subsec. (g). Pub. L. 111–203, § 1088(a)(2)(C), substituted

‘‘the Bureau’’ for ‘‘the Commission’’ in two places.

Pub. L. 111–203, § 1088(a)(2)(B), substituted ‘‘Bureau’’

for ‘‘FTC’’ in heading.

Page 1405 TITLE 15—COMMERCE AND TRADE § 1681s

2003—Subsec. (b)(1)(B). Pub. L. 108–159, § 811(f), sub-

stituted ‘‘25A’’ for ‘‘25(a)’’.

Subsec. (c)(1)(B)(ii). Pub. L. 108–159, § 312(e)(2)(A), sub-

stituted ‘‘described in any of paragraphs (1) through (3)

of section 1681s–2(c)’’ for ‘‘of section 1681s–2(a)’’.

Subsec. (c)(5). Pub. L. 108–159, § 312(e)(2)(B)(ii), sub-

stituted ‘‘certain violations’’ for ‘‘violation of section

1681s–2(a)(1)’’ in heading.

Subsec. (c)(5)(A), (B). Pub. L. 108–159, § 312(e)(2)(B)(i),

substituted ‘‘described in any of paragraphs (1) through

(3) of section 1681s–2(c)’’ for ‘‘of section 1681s–2(a)(1)’’.

Subsec. (f). Pub. L. 108–159, § 153, added subsec. (f).

Subsec. (g). Pub. L. 108–159, § 412(e), added subsec. (g).

1999—Subsec. (a)(4). Pub. L. 106–102, § 506(b), struck

out par. (4) which read as follows: ‘‘Neither the Com-

mission nor any other agency referred to in subsection

(b) of this section may prescribe trade regulation rules

or other regulations with respect to this subchapter.’’

Subsec. (d). Pub. L. 106–102, § 506(a)(1), struck out at

the end ‘‘Notwithstanding the preceding, no agency re-

ferred to in subsection (b) of this section may conduct

an examination of a bank, savings association, or cred-

it union regarding compliance with the provisions of

this subchapter, except in response to a complaint (or

if the agency otherwise has knowledge) that the bank,

savings association, or credit union has violated a pro-

vision of this subchapter, in which case, the agency

may conduct an examination as necessary to inves-

tigate the complaint. If an agency determines during

an investigation in response to a complaint that a vio-

lation of this subchapter has occurred, the agency may,

during its next 2 regularly scheduled examinations of

the bank, savings association, or credit union, examine

for compliance with this subchapter.’’

Subsec. (e). Pub. L. 106–102, § 506(a)(2), added subsec.

(e) and struck out heading and text of former subsec.

(e). Text read as follows: ‘‘The Board of Governors of

the Federal Reserve System may issue interpretations

of any provision of this subchapter as such provision

may apply to any persons identified under paragraph

(1), (2), and (3) of subsection (b) of this section, or to the

holding companies and affiliates of such persons, in

consultation with Federal agencies identified in para-

graphs (1), (2), and (3) of subsection (b) of this section.’’

1998—Subsec. (b). Pub. L. 105–347 struck out ‘‘or (e)’’

after ‘‘subject to subsection (d)’’ in introductory provi-

sions.

1996—Subsec. (a). Pub. L. 104–208, § 2416(b)(1), which di-

rected the amendment of subsec. (a) by inserting head-

ing ‘‘Enforcement by Federal Trade Commission’’ be-

fore ‘‘Compliance with the requirements’’, was exe-

cuted by making the insertion after ‘‘(a)’’, to reflect

the probable intent of Congress and the amendment by

Pub. L. 104–208, § 2416(a). See below.

Pub. L. 104–208, § 2416(a), inserted ‘‘(1)’’ after ‘‘(a)’’ and

added pars. (2) to (4).

Subsec. (b). Pub. L. 104–208, § 2416(b)(2), inserted head-

ing and in introductory provisions substituted ‘‘Com-

pliance with the requirements imposed under this sub-

chapter 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)

or (e) of section 1681m of this title shall be enforced

under—’’ for ‘‘Compliance with the requirements im-

posed under this subchapter with respect to consumer

reporting agencies and persons who use consumer re-

ports from such agencies shall be enforced under—’’.

Subsec. (c). Pub. L. 104–208, § 2417(2), added subsec. (c).

Former subsec. (c) redesignated (d).

Pub. L. 104–208, § 2416(c), inserted at end ‘‘Notwith-

standing the preceding, no agency referred to in sub-

section (b) of this section may conduct an examination

of a bank, savings association, or credit union regard-

ing compliance with the provisions of this subchapter,

except in response to a complaint (or if the agency

otherwise has knowledge) that the bank, savings asso-

ciation, or credit union has violated a provision of this

subchapter, in which case, the agency may conduct an

examination as necessary to investigate the complaint.

If an agency determines during an investigation in re-

sponse to a complaint that a violation of this sub-

chapter has occurred, the agency may, during its next

2 regularly scheduled examinations of the bank, sav-

ings association, or credit union, examine for compli-

ance with this subchapter.’’

Subsec. (d). Pub. L. 104–208, § 2417(1), redesignated sub-

sec. (c) as (d).

Subsec. (e). Pub. L. 104–208, § 2418, added subsec. (e).

1995—Subsec. (b)(4). Pub. L. 104–88 substituted ‘‘Sec-

retary of Transportation, with respect to all carriers

subject to the jurisdiction of the Surface Transpor-

tation Board’’ for ‘‘Interstate Commerce Commission

with respect to any common carrier subject to those

Acts’’.

1992—Subsec. (b)(1)(C). Pub. L. 102–550 substituted

semicolon for period at end.

1991—Subsec. (b). Pub. L. 102–242, § 212(c)(2), inserted

at end ‘‘The terms used in paragraph (1) that are not

defined in this subchapter or otherwise defined in sec-

tion 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).’’

Pub. L. 102–242, § 212(c)(1), added par. (1) and struck

out former par. (1) which read as follows: ‘‘section 8 of

the Federal Deposit Insurance Act, in the case of:

‘‘(A) national banks, by the Comptroller of the Cur-

rency;

‘‘(B) member banks of the Federal Reserve System

(other than national banks), by the Federal Reserve

Board; and

‘‘(C) banks insured by the Federal Deposit Insur-

ance Corporation (other than members of the Federal

Reserve System), by the Board of Directors of the

Federal Deposit Insurance Corporation.’’

1989—Subsec. (b)(2). Pub. L. 101–73 amended par. (2)

generally. Prior to amendment, par. (2) read as follows:

‘‘section 5(d) of the Home Owners Loan Act of 1933, sec-

tion 407 of the National Housing Act, and sections 6(i)

and 17 of the Federal Home Loan Bank Act, by the Fed-

eral Home Loan Bank Board (acting directly or

through the Federal Savings and Loan Insurance Cor-

poration), in the case of any institution subject to any

of those provisions;’’.

1984—Subsec. (b)(5). Pub. L. 98–443 substituted ‘‘Sec-

retary of Transportation’’ for ‘‘Civil Aeronautics

Board’’.

FFECTIVE

ATE OF

2010 A

MENDMENT

Amendment by Pub. L. 111–203 effective on the des-

ignated transfer date, see section 1100H of Pub. L.

111–203, set out as a note under section 552a of Title 5,

Government Organization and Employees.

FFECTIVE

ATE OF

2003 A

MENDMENT

Amendment by Pub. L. 108–159 subject to joint regu-

lations establishing effective dates as prescribed by

Federal Reserve Board and Federal Trade Commission,

except as otherwise provided, see section 3 of Pub. L.

108–159, set out as a note under section 1681 of this title.

Amendment by section 412(e) of Pub. L. 108–159 effec-

tive at end of 15-month period beginning on Dec. 4, 2003,

see section 412(g) of Pub. L. 108–159, set out as a note

under section 1681b of this title.

FFECTIVE

ATE OF

1998 A

MENDMENT

Amendment by Pub. L. 105–347 deemed to have same

effective date as amendments made by section 2403 of

Pub. L. 104–208, see section 7 of Pub. L. 105–347, set out

as a note under section 1681a of this title.

FFECTIVE

ATE OF

1996 A

MENDMENT

Amendment by Pub. L. 104–208 effective 365 days after

Sept. 30, 1996, with special rule for early compliance,

see section 2420 of Pub. L. 104–208, set out as a note

under section 1681a of this title.

FFECTIVE

ATE OF

1995 A

MENDMENT

Amendment by Pub. L. 104–88 effective Jan. 1, 1996,

see section 2 of Pub. L. 104–88, set out as an Effective

Date note under section 701 of Title 49, Transportation.

Page 1406 TITLE 15—COMMERCE AND TRADE § 1681s–1

FFECTIVE

ATE OF

1992 A

MENDMENT

Amendment by Pub. L. 102–550 effective as if included

in the Federal Deposit Insurance Corporation Improve-

ment Act of 1991, Pub. L. 102–242, as of Dec. 19, 1991, see

section 1609(a) of Pub. L. 102–550, set out as a note

under section 191 of Title 12, Banks and Banking.

FFECTIVE

ATE OF

1984 A

MENDMENT

Amendment by Pub. L. 98–443 effective Jan. 1, 1985,

see section 9(v) of Pub. L. 98–443, set out as a note under

section 5314 of Title 5, Government Organization and

Employees.

RANSFER OF

UNCTIONS

Functions vested in Administrator of National Credit

Union Administration transferred and vested in Na-

tional Credit Union Administration Board pursuant to

section 1752a of Title 12, Banks and Banking.

§ 1681s–1. Information on overdue child support

obligations

Notwithstanding any other provision of this

subchapter, a consumer reporting agency shall

include in any consumer report furnished by the

agency in accordance with section 1681b of this

title, any information on the failure of the con-

sumer 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 Gov-

ernment agency; and

(2) antedates the report by 7 years or less.

(Pub. L. 90–321, title VI, § 622, as added Pub. L.

102–537, § 2(a), Oct. 27, 1992, 106 Stat. 3531.)

RIOR

ROVISIONS

A prior section 622 of Pub. L. 90–321 was renumbered

section 625 and is classified to section 1681t of this title.

FFECTIVE

ATE

Section effective Jan. 1, 1993, see section 2(d) of Pub.

L. 102–537, set out as an Effective Date of 1992 Amend-

ment note under section 1681a of this title.

§ 1681s–2. Responsibilities of furnishers of infor-

mation to consumer reporting agencies

(a) Duty of furnishers of information to provide

accurate information

(1) Prohibition

(A) Reporting information with actual knowl-

edge of errors

A person shall not furnish any information

relating to a consumer to any consumer re-

porting agency if the person knows or has

reasonable cause to believe that the infor-

mation is inaccurate.

(B) Reporting information after notice and

confirmation of errors

A person shall not furnish information re-

lating to a consumer to any consumer re-

porting agency if—

(i) the person has been notified by the

consumer, at the address specified by the

person for such notices, that specific infor-

mation is inaccurate; and

(ii) the information is, in fact, inac-

curate.

A person who clearly and conspicuously

specifies to the consumer an address for no-

tices referred to in subparagraph (B) shall

not be subject to subparagraph (A); however,

nothing in subparagraph (B) shall require a

person to specify such an address.

(D) Definition

For purposes of subparagraph (A), the term

‘‘reasonable cause to believe that the infor-

mation is inaccurate’’ means having specific

knowledge, other than solely allegations by

the consumer, that would cause a reasonable

person to have substantial doubts about the

accuracy of the information.

(2) Duty to correct and update information

A person who—

(A) regularly and in the ordinary course of

business furnishes 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 deter-

mines is not complete or accurate,

shall promptly notify the consumer reporting

agency of that determination and provide to

the agency any corrections to that informa-

tion, or any additional information, that is

necessary to make the information provided

by the person to the agency complete and ac-

curate, 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 infor-

mation furnished by any person to any con-

sumer reporting agency is disputed to such

person by a consumer, the person may not fur-

nish the information to any consumer report-

ing agency without notice that such informa-

tion 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 con-

sumer who has a credit account with that per-

son shall notify the agency of the voluntary

closure of the account by the consumer, in in-

formation regularly furnished for the period in

which the account is closed.

(5) Duty to provide notice of delinquency of ac-

counts

(A) In general

A person who furnishes information to a

consumer reporting agency regarding a de-

linquent account being placed for collection,

charged to profit or loss, or subjected to any

similar action shall, not later than 90 days

after furnishing the information, notify the

agency of the date of delinquency on the ac-

count, which shall be the month and year of

the commencement of the delinquency on

the account that immediately preceded the

action.

(B) Rule of construction

For purposes of this paragraph only, and

provided that the consumer does not dispute

Page 1407 TITLE 15—COMMERCE AND TRADE § 1681s–2

the information, a person that furnishes in-

formation on a delinquent account that is

placed for collection, charged for profit or

loss, or subjected to any similar action,

complies with this paragraph, if—

(i) the person reports the same date of

delinquency as that provided by the credi-

tor to which the account was owed at the

time at which the commencement of the

delinquency occurred, if the creditor pre-

viously reported that date of delinquency

to a consumer reporting agency;

(ii) the creditor did not previously report

the date of delinquency to a consumer re-

porting agency, and the person establishes

and follows reasonable procedures to ob-

tain the date of delinquency from the cred-

itor or another reliable source and reports

that date to a consumer reporting agency

as the date of delinquency; or

(iii) the creditor did not previously re-

port the date of delinquency to a consumer

reporting agency and the date of delin-

quency cannot be reasonably obtained as

provided in clause (ii), the person estab-

lishes and follows reasonable procedures to

ensure the date reported as the date of de-

linquency precedes the date on which the

account is placed for collection, charged to

profit or loss, or subjected to any similar

action, and reports such date to the credit

reporting agency.

(6) Duties of furnishers upon notice of identity

theft-related information

(A) Reasonable procedures

A person that furnishes information to any

consumer reporting agency shall have in

place reasonable procedures to respond to

any notification that it receives from a con-

sumer reporting agency under section

1681c–2 of this title relating to information

resulting from identity theft, to prevent

that person from refurnishing such blocked

information.

(B) Information alleged to result from iden-

tity theft

If a consumer submits an identity theft re-

port to a person who furnishes information

to a consumer reporting agency at the ad-

dress specified by that person for receiving

such reports stating that information main-

tained by such person that purports to relate

to the consumer resulted from identity

theft, the person may not furnish such infor-

mation that purports to relate to the con-

sumer to any consumer reporting agency,

unless the person subsequently knows or is

informed by the consumer that the informa-

tion is correct.

(7) Negative information

(A) Notice to consumer required

(i) In general

If any financial institution that extends

credit and regularly and in the ordinary

course of business furnishes information to

a consumer reporting agency described in

section 1681a(p) of this title furnishes neg-

ative information to such an agency re-

garding credit extended to a customer, the

financial institution shall provide a notice

of such furnishing of negative information,

in writing, to the customer.

(ii) Notice effective for subsequent submis-

sions

After providing such notice, the finan-

cial institution may submit additional

negative information to a consumer re-

porting agency described in section

1681a(p) of this title with respect to the

same transaction, extension of credit, ac-

count, or customer without providing addi-

tional notice to the customer.

(B) Time of notice

(i) In general

The notice required under subparagraph

(A) shall be provided to the customer prior

to, or no later than 30 days after, furnish-

ing the negative information to a con-

sumer reporting agency described in sec-

tion 1681a(p) of this title.

(ii) Coordination with new account disclo-

sures

If the notice is provided to the customer

prior to furnishing the negative informa-

tion to a consumer reporting agency, the

notice may not be included in the initial

disclosures provided under section 1637(a)

of this title.

The notice required under subparagraph

(A)—

(i) may be included on or with any notice

of default, any billing statement, or any

other materials provided to the customer;

and

(ii) must be clear and conspicuous.

(D) Model disclosure

(i) Duty of Bureau

The Bureau shall prescribe a brief model

disclosure that a financial institution may

use to comply with subparagraph (A),

which shall not exceed 30 words.

(ii) Use of model not required

No provision of this paragraph may be

construed to require a financial institu-

tion to use any such model form prescribed

by the Bureau.

(iii) Compliance using model

A financial institution shall be deemed

to be in compliance with subparagraph (A)

if the financial institution uses any model

form prescribed by the Bureau under this

subparagraph, or the financial institution

uses any such model form and rearranges

its format.

(E) Use of notice without submitting negative

information

No provision of this paragraph shall be

construed as requiring a financial institu-

tion that has provided a customer with a no-

tice described in subparagraph (A) to furnish

negative information about the customer to

a consumer reporting agency.

Page 1408 TITLE 15—COMMERCE AND TRADE § 1681s–2

(F) Safe harbor

A financial institution shall not be liable

for failure to perform the duties required by

this paragraph if, at the time of the failure,

the financial institution maintained reason-

able policies and procedures to comply with

this paragraph or the financial institution

reasonably believed that the institution is

prohibited, by law, from contacting the con-

sumer.

(G) Definitions

For purposes of this paragraph, the follow-

ing definitions shall apply:

(i) Negative information

The term ‘‘negative information’’ means

information concerning a customer’s de-

linquencies, late payments, insolvency, or

any form of default.

(ii) Customer; financial institution

The terms ‘‘customer’’ and ‘‘financial in-

stitution’’ have the same meanings as in

section 6809 of this title.

(8) Ability of consumer to dispute information

directly with furnisher

(A) In general

The Bureau, in consultation with the Fed-

eral Trade Commission, the Federal banking

agencies, and the National Credit Union Ad-

ministration, shall prescribe regulations

that shall identify the circumstances under

which a furnisher shall be required to re-

investigate a dispute concerning the accu-

racy of information contained in a consumer

report on the consumer, based on a direct re-

quest of a consumer.

(B) Considerations

In prescribing regulations under subpara-

graph (A), the agencies shall weigh—

(i) the benefits to consumers with the

costs on furnishers and the credit report-

ing system;

(ii) the impact on the overall accuracy

and integrity of consumer reports of any

such requirements;

(iii) whether direct contact by the con-

sumer with the furnisher would likely re-

sult in the most expeditious resolution of

any such dispute; and

(iv) the potential impact on the credit

reporting process if credit repair organiza-

tions, as defined in section 1679a(3) of this

title, including entities that would be a

credit repair organization, but for section

1679a(3)(B)(i) of this title, are able to cir-

cumvent the prohibition in subparagraph

(G).

Subparagraphs (D) through (G) shall apply

in any circumstance identified under the

regulations promulgated under subpara-

graph (A).

(D) Submitting a notice of dispute

A consumer who seeks to dispute the accu-

racy of information shall provide a dispute

notice directly to such person at the address

specified by the person for such notices

that—

(i) identifies the specific information

that is being disputed;

(ii) explains the basis for the dispute;

and

(iii) includes all supporting documenta-

tion required by the furnisher to substan-

tiate the basis of the dispute.

(E) Duty of person after receiving notice of

dispute

After receiving a notice of dispute from a

consumer pursuant to subparagraph (D), the

person that provided the information in dis-

pute to a consumer reporting agency shall—

(i) conduct an investigation with respect

to the disputed information;

(ii) review all relevant information pro-

vided by the consumer with the notice;

(iii) complete such person’s investigation

of the dispute and report the results of the

investigation to the consumer before the

expiration of the period under section

1681i(a)(1) of this title within which a con-

sumer reporting agency would be required

to complete its action if the consumer had

elected to dispute the information under

that section; and

(iv) if the investigation finds that the in-

formation reported was inaccurate,

promptly notify each consumer reporting

agency to which the person furnished the

inaccurate information of that determina-

tion and provide to the agency any correc-

tion to that information that is necessary

to make the information provided by the

person accurate.

(F) Frivolous or irrelevant dispute

(i) In general

This paragraph shall not apply if the per-

son receiving a notice of a dispute from a

consumer reasonably determines that the

dispute is frivolous or irrelevant, includ-

ing—

(I) by reason of the failure of a con-

sumer to provide sufficient information

to investigate the disputed information;

(II) the submission by a consumer of a

dispute that is substantially the same as

a dispute previously submitted by or for

the consumer, either directly to the per-

son or through a consumer reporting

agency under subsection (b) of this sec-

tion, with respect to which the person

has already performed the person’s du-

ties under this paragraph or subsection

(b) of this section, as applicable.

(ii) Notice of determination

Upon making any determination under

clause (i) that a dispute is frivolous or ir-

relevant, the person shall notify the con-

sumer of such determination not later

than 5 business days after making such de-

termination, by mail or, if authorized by

the consumer for that purpose, by any

other means available to the person.

(iii) Contents of notice

A notice under clause (ii) shall include—

(I) the reasons for the determination

under clause (i); and

Page 1409 TITLE 15—COMMERCE AND TRADE § 1681s–2

(II) identification of any information

required to investigate the disputed in-

formation, which may consist of a stand-

ardized form describing the general na-

ture of such information.

(G) Exclusion of credit repair organizations

This paragraph shall not apply if the no-

tice of the dispute is submitted by, is pre-

pared on behalf of the consumer by, or is

submitted on a form supplied to the con-

sumer by, a credit repair organization, as de-

fined in section 1679a(3) of this title, or an

entity that would be a credit repair organi-

zation, but for section 1679a(3)(B)(i) of this

title.

(9) Duty to provide notice of status as medical

information furnisher

A person whose primary business is provid-

ing medical services, products, or devices, or

the person’s agent or assignee, who furnishes

information to a consumer reporting agency

on a consumer shall be considered a medical

information furnisher for purposes of this sub-

chapter, and shall notify the agency of such

status.

(b) Duties of furnishers of information upon no-

tice of dispute

(1) In general

After receiving notice pursuant to section

1681i(a)(2) of this title of a dispute with regard

to the completeness or accuracy of any infor-

mation provided by a person to a consumer re-

porting agency, the person shall—

(A) conduct an investigation with respect

to the disputed information;

(B) review all relevant information pro-

vided by the consumer reporting agency pur-

suant to section 1681i(a)(2) of this title;

to the consumer reporting agency;

(D) if the investigation finds that the in-

formation is incomplete or inaccurate, re-

port those results to all other consumer re-

porting agencies to which the person fur-

nished the information and that compile and

maintain files on consumers on a nationwide

basis; and

(E) if an item of information disputed by a

consumer is found to be inaccurate or in-

complete or cannot be verified after any re-

investigation under paragraph (1), for pur-

poses of reporting to a consumer reporting

agency only, as appropriate, based on the re-

sults of the reinvestigation promptly—

(i) modify that item of information;

(ii) delete that item of information; or

(iii) permanently block the reporting of

that item of information.

(2) Deadline

A person shall complete all investigations,

reviews, and reports required under paragraph

(1) regarding information provided by the per-

son to a consumer reporting agency, before

the expiration of the period under section

1681i(a)(1) of this title within which the con-

sumer reporting agency is required to com-

plete actions required by that section regard-

ing that information.

Except as provided in section 1681s(c)(1)(B) of

this title, sections 1681n and 1681o of this title do

not apply to any violation of—

(1) subsection (a) of this section, including

any regulations issued thereunder;

(2) subsection (e) of this section, except that

nothing in this paragraph shall limit, expand,

or otherwise affect liability under section

1681n or 1681o of this title, as applicable, for

violations of subsection (b) of this section; or

(3) subsection (e) of section 1681m of this

title.

(d) Limitation on enforcement

The provisions of law described in paragraphs

(1) through (3) of subsection (c) of this section

(other than with respect to the exception de-

scribed in paragraph (2) of subsection (c) of this

section) shall be enforced exclusively as pro-

vided under section 1681s of this title by the Fed-

eral agencies and officials and the State officials

identified in section 1681s of this title.

(e) Accuracy guidelines and regulations required

(1) Guidelines

The Bureau shall, with respect to persons or

entities that are subject to the enforcement

authority of the Bureau under section 1681s of

this title—

(A) establish and maintain guidelines for

use by each person that furnishes informa-

tion to a consumer reporting agency regard-

ing the accuracy and integrity of the infor-

mation relating to consumers that such en-

tities furnish to consumer reporting agen-

cies, and update such guidelines as often as

necessary; and

(B) prescribe regulations requiring each

person that furnishes information to a con-

sumer reporting agency to establish reason-

able policies and procedures for implement-

ing the guidelines established pursuant to

subparagraph (A).

(2) Criteria

In developing the guidelines required by

paragraph (1)(A), the Bureau shall—

(A) identify patterns, practices, and spe-

cific forms of activity that can compromise

the accuracy and integrity of information

furnished to consumer reporting agencies;

(B) review the methods (including techno-

logical means) used to furnish information

relating to consumers to consumer reporting

agencies;

information to consumer reporting agencies

maintain and enforce policies to ensure the

accuracy and integrity of information fur-

nished to consumer reporting agencies; and

(D) examine the policies and processes

that persons that furnish information to

consumer reporting agencies employ to con-

duct reinvestigations and correct inaccurate

information relating to consumers that has

been furnished to consumer reporting agen-

cies.

(Pub. L. 90–321, title VI, § 623, as added Pub. L.

104–208, div. A, title II, § 2413(a)(2), Sept. 30, 1996,

110 Stat. 3009–447; amended Pub. L. 108–159, title

Page 1410 TITLE 15—COMMERCE AND TRADE § 1681s–3

I, § 154(a), title II, § 217(a), title III, §§ 312(a)–(e)(1),

314(b), title IV, § 412(a), Dec. 4, 2003, 117 Stat.

1966, 1986, 1989–1993, 1995, 2002; Pub. L. 111–203,

title X, § 1088(a)(2)(D), (11), July 21, 2010, 124 Stat.

2087, 2090.)

RIOR

ROVISIONS

A prior section 623 of Pub. L. 90–321 was renumbered

section 625 and is classified to section 1681t of this title.

MENDMENTS

2010—Subsec. (a)(7)(D). Pub. L. 111–203, § 1088(a)(11)(A),

added subpar. (D) and struck out former subpar. (D)

which related to duty of Board to prescribe a model dis-

closure.

Subsec. (a)(8)(A). Pub. L. 111–203, § 1088(a)(11)(B),

which directed amendment of subpar. (A) by inserting

‘‘, in consultation with the Federal Trade Commission,

the Federal banking agencies, and the National Credit

Union Administration,’’ before ‘‘shall jointly’’, was exe-

cuted by making the insertion before ‘‘shall prescribe’’,

to reflect the probable intent of Congress and the

amendment by Pub. L. 111–203, § 1088(a)(2)(D). See

below.

Pub. L. 111–203, § 1088(a)(2)(D), substituted ‘‘The Bu-

reau shall’’ for ‘‘The Federal banking agencies, the Na-

tional Credit Union Administration, and the Commis-

sion shall jointly’’.

Subsec. (e). Pub. L. 111–203, § 1088(a)(11)(C), added sub-

sec. (e) and struck out former subsec. (e) which related

to establishment and maintenance of accuracy guide-

lines and prescription of implementing regulations by

the Federal banking agencies, the National Credit

Union Administration, and the Commission.

2003—Subsec. (a)(1)(A). Pub. L. 108–159, § 312(b)(1), sub-

stituted ‘‘knows or has reasonable cause to believe that

the information is inaccurate’’ for ‘‘knows or con-

sciously avoids knowing that the information is inac-

curate’’.

Subsec. (a)(1)(D). Pub. L. 108–159, § 312(b)(2), added

subpar. (D).

Subsec. (a)(5). Pub. L. 108–159, § 312(d), designated ex-

isting provisions as subpar. (A), inserted heading, in-

serted ‘‘date of delinquency on the account, which shall

be the’’ before ‘‘month’’ and ‘‘on the account’’ before

‘‘that immediately preceded’’, and added subpar. (B).

Subsec. (a)(6). Pub. L. 108–159, § 154(a), added par. (6).

Subsec. (a)(7). Pub. L. 108–159, § 217(a), added par. (7).

Subsec. (a)(8). Pub. L. 108–159, § 312(c), added par. (8).

Subsec. (a)(9). Pub. L. 108–159, § 412(a), added par. (9).

Subsec. (b)(1)(E). Pub. L. 108–159, § 314(b), added sub-

par. (E).

Subsec. (c). Pub. L. 108–159, § 312(e)(1), added subsec.

(c). Text read as follows: ‘‘Sections 1681n and 1681o of

this title do not apply to any failure to comply with

subsection (a) of this section, except as provided in sec-

tion 1681s(c)(1)(B) of this title.’’

Subsec. (d). Pub. L. 108–159, § 312(e)(1), added subsec.

(d) and struck out heading and text of former subsec.

(d). Text read as follows: ‘‘Subsection (a) of this section

shall be enforced exclusively under section 1681s of this

title by the Federal agencies and officials and the State

officials identified in that section.’’

Subsec. (e). Pub. L. 108–159, § 312(a), added subsec. (e).

FFECTIVE

ATE OF

2010 A

MENDMENT

Amendment by Pub. L. 111–203 effective on the des-

ignated transfer date, see section 1100H of Pub. L.

111–203, set out as a note under section 552a of Title 5,

Government Organization and Employees.

FFECTIVE

ATE OF

2003 A

MENDMENT

Amendment by Pub. L. 108–159 subject to joint regu-

lations establishing effective dates as prescribed by

Federal Reserve Board and Federal Trade Commission,

except as otherwise provided, see section 3 of Pub. L.

108–159, set out as a note under section 1681 of this title.

Amendment by section 412(a) of Pub. L. 108–159 effec-

tive at end of 15-month period beginning on Dec. 4, 2003,

see section 412(g) of Pub. L. 108–159, set out as a note

under section 1681b of this title.

FFECTIVE

ATE

Section effective 365 days after Sept. 30, 1996, with

special rule for early compliance, see section 2420 of

Pub. L. 104–208, set out as an Effective Date of 1996

Amendment note under section 1681a of this title.

ODEL

ISCLOSURE

ORM

Pub. L. 108–159, title II, § 217(b), Dec. 4, 2003, 117 Stat.

1987, provided that: ‘‘Before the end of the 6-month pe-

riod beginning on the date of enactment of this Act

[Dec. 4, 2003], the Board shall adopt the model disclo-

sure required under the amendment made by subsection

(a) [amending this section] after notice duly given in

the Federal Register and an opportunity for public

comment in accordance with section 553 of title 5,

United States Code.’’

[For definitions of terms used in section 217(b) of Pub.

L. 108–159, set out above, see section 2 of Pub. L. 108–159,

set out as a Definitions note under section 1681 of this

title.]

§ 1681s–3. Affiliate sharing

(a) Special rule for solicitation for purposes of

marketing

(1) Notice

Any person that receives from another per-

son related to it by common ownership or af-

filiated by corporate control a communication

of information that would be a consumer re-

port, but for clauses (i), (ii), and (iii) of section

1681a(d)(2)(A) of this title, may not use the in-

formation to make a solicitation for market-

ing purposes to a consumer about its products

or services, unless—

(A) it is clearly and conspicuously dis-

closed to the consumer that the information

may be communicated among such persons

for purposes of making such solicitations to

the consumer; and

(B) the consumer is provided an oppor-

tunity and a simple method to prohibit the

making of such solicitations to the con-

sumer by such person.

(2) Consumer choice

(A) In general

The notice required under paragraph (1)

shall allow the consumer the opportunity to

prohibit all solicitations referred to in such

paragraph, and may allow the consumer to

choose from different options when electing

to prohibit the sending of such solicitations,

including options regarding the types of en-

tities and information covered, and which

methods of delivering solicitations the con-

sumer elects to prohibit.

(B) Format

Notwithstanding subparagraph (A), the no-

tice required under paragraph (1) shall be

clear, conspicuous, and concise, and any

method provided under paragraph (1)(B)

shall be simple. The regulations prescribed

to implement this section shall provide spe-

cific guidance regarding how to comply with

such standards.

Page 1411 TITLE 15—COMMERCE AND TRADE § 1681s–3

(3) Duration

(A) In general

The election of a consumer pursuant to

paragraph (1)(B) to prohibit the making of

solicitations shall be effective for at least 5

years, beginning on the date on which the

person receives the election of the consumer,

unless the consumer requests that such elec-

tion be revoked.

(B) Notice upon expiration of effective period

At such time as the election of a consumer

pursuant to paragraph (1)(B) is no longer ef-

fective, a person may not use information

that the person receives in the manner de-

scribed in paragraph (1) to make any solici-

tation for marketing purposes to the con-

sumer, unless the consumer receives a notice

and an opportunity, using a simple method,

to extend the opt-out for another period of

at least 5 years, pursuant to the procedures

described in paragraph (1).

(4) Scope

This section shall not apply to a person—

(A) using information to make a solicita-

tion for marketing purposes to a consumer

with whom the person has a pre-existing

business relationship;

(B) using information to facilitate commu-

nications to an individual for whose benefit

the person provides employee benefit or

other services pursuant to a contract with

an employer related to and arising out of the

current employment relationship or status

of the individual as a participant or bene-

ficiary of an employee benefit plan;

on behalf of another person related by com-

mon ownership or affiliated by corporate

control, except that this subparagraph shall

not be construed as permitting a person to

send solicitations on behalf of another per-

son, if such other person would not be per-

mitted to send the solicitation on its own

behalf as a result of the election of the con-

sumer to prohibit solicitations under para-

graph (1)(B);

(D) using information in response to a

communication initiated by the consumer;

(E) using information in response to solici-

tations authorized or requested by the con-

sumer; or

(F) if compliance with this section by that

person would prevent compliance by that

person with any provision of State insurance

laws pertaining to unfair discrimination in

any State in which the person is lawfully

doing business.

(5) No retroactivity

This subsection shall not prohibit the use of

information to send a solicitation to a con-

sumer if such information was received prior

to the date on which persons are required to

comply with regulations implementing this

subsection.

(b) Notice for other purposes permissible

A notice or other disclosure under this section

may be coordinated and consolidated with any

other notice required to be issued under any

other provision of law by a person that is sub-

ject to this section, and a notice or other disclo-

sure that is equivalent to the notice required by

subsection (a) of this section, and that is pro-

vided by a person described in subsection (a) of

this section to a consumer together with disclo-

sures required by any other provision of law,

shall satisfy the requirements of subsection (a)

of this section.

Requirements with respect to the use by a per-

son of information received from another person

related to it by common ownership or affiliated

by corporate control, such as the requirements

of this section, constitute requirements with re-

spect to the exchange of information among per-

sons affiliated by common ownership or common

corporate control, within the meaning of section

1681t(b)(2) of this title.

(d) Definitions

For purposes of this section, the following

definitions shall apply:

(1) Pre-existing business relationship

The term ‘‘pre-existing business relation-

ship’’ means a relationship between a person,

or a person’s licensed agent, and a consumer,

based on—

(A) a financial contract between a person

and a consumer which is in force;

(B) the purchase, rental, or lease by the

consumer of that person’s goods or services,

or a financial transaction (including holding

an active account or a policy in force or hav-

ing another continuing relationship) be-

tween the consumer and that person during

the 18-month period immediately preceding

the date on which the consumer is sent a so-

licitation covered by this section;

sumer regarding a product or service offered

by that person, during the 3-month period

immediately preceding the date on which

the consumer is sent a solicitation covered

by this section; or

(D) any other pre-existing customer rela-

tionship defined in the regulations imple-

menting this section.

(2) Solicitation

The term ‘‘solicitation’’ means the market-

ing of a product or service initiated by a per-

son to a particular consumer that is based on

an exchange of information described in sub-

section (a) of this section, and is intended to

encourage the consumer to purchase such

product or service, but does not include com-

munications that are directed at the general

public or determined not to be a solicitation

by the regulations prescribed under this sec-

tion.

(Pub. L. 90–321, title VI, § 624, as added Pub. L.

108–159, title II, § 214(a)(2), Dec. 4, 2003, 117 Stat.

1980.)

RIOR

ROVISIONS

A prior section 624 of Pub. L. 90–321 was renumbered

section 625 and is classified to section 1681t of this title.

Another prior section 624 of Pub. L. 90–321 was renum-

bered section 626 and is classified to section 1681u of

this title.

Page 1412 TITLE 15—COMMERCE AND TRADE § 1681t

FFECTIVE

ATE

Section subject to joint regulations establishing ef-

fective dates as prescribed by Federal Reserve Board

and Federal Trade Commission, except as otherwise

provided, see section 3 of Pub. L. 108–159, set out as an

Effective Date of 2003 Amendment note under section

1681 of this title.

EGULATIONS

Pub. L. 108–159, title II, § 214(b), Dec. 4, 2003, 117 Stat.

1982, as amended by Pub. L. 111–203, title X, § 1088(b)(3),

July 21, 2010, 124 Stat. 2092, provided that:

‘‘(1) I

N GENERAL

.—Regulations to carry out section

624 of the Fair Credit Reporting Act (15 U.S.C. 1681s–3),

shall be prescribed, as described in paragraph (2), by—

‘‘(A) the Commodity Futures Trading Commission,

with respect to entities subject to its enforcement

authorities;

‘‘(B) the Securities and Exchange Commission, with

respect to entities subject to its enforcement au-

thorities; and

‘‘(C) the Bureau, with respect to other entities sub-

ject to this Act [see Short Title of 2003 Amendment

note set out under section 1601 of this title].

‘‘(2) C

OORDINATION

.—Each agency required to pre-

scribe regulations under paragraph (1) shall consult and

coordinate with each other such agency so that, to the

extent possible, the regulations prescribed by each such

entity are consistent and comparable with the regula-

tions prescribed by each other such agency.

‘‘(3) C

ONSIDERATIONS

.—In promulgating regulations

under this subsection, each agency referred to in para-

graph (1) shall—

‘‘(A) ensure that affiliate sharing notification

methods provide a simple means for consumers to

make determinations and choices under section 624 of

the Fair Credit Reporting Act [15 U.S.C. 1681s–3], as

added by this section;

‘‘(B) consider the affiliate sharing notification

practices employed on the date of enactment of this

Act [Dec. 4, 2003] by persons that will be subject to

that section 624; and

‘‘(C) ensure that notices and disclosures may be

coordinated and consolidated, as provided in sub-

section (b) of that section 624.

‘‘(4) T

IMING

.—Regulations required by this subsection

shall—

‘‘(A) be issued in final form not later than 9 months

after the date of enactment of this Act [Dec. 4, 2003];

and

‘‘(B) become effective not later than 6 months after

the date on which they are issued in final form.’’

[For definitions of terms used in section 214(b) of Pub.

L. 108–159, set out above, see section 2 of Pub. L. 108–159,

set out as a Definitions note under section 1681 of this

title.]

TUDIES OF

NFORMATION

HARING

RACTICES

Pub. L. 108–159, title II, § 214(e), Dec. 4, 2003, 117 Stat.

1983, as amended by Pub. L. 111–203, title X, § 1088(b)(4),

July 21, 2010, 124 Stat. 2092, provided that:

‘‘(1) I

N GENERAL

.—The Federal banking agencies, the

National Credit Union Administration, and the Bureau

shall jointly conduct regular studies of the consumer

information sharing practices by financial institutions

and other persons that are creditors or users of con-

sumer reports with their affiliates.

‘‘(2) M

ATTERS FOR STUDY

.—In conducting the studies

required by paragraph (1), the agencies described in

paragraph (1) shall—

‘‘(A) identify—

‘‘(i) the purposes for which financial institutions

and other creditors and users of consumer reports

share consumer information;

‘‘(ii) the types of information shared by such enti-

ties with their affiliates;

‘‘(iii) the number of choices provided to consum-

ers with respect to the control of such sharing, and

the degree to and manner in which consumers exer-

cise such choices, if at all; and

‘‘(iv) whether such entities share or may share

personally identifiable transaction or experience

information with affiliates for purposes—

‘‘(I) that are related to employment or hiring,

including whether the person that is the subject

of such information is given notice of such shar-

ing, and the specific uses of such shared informa-

tion; or

‘‘(II) of general publication of such information;

and

‘‘(B) specifically examine the information sharing

practices that financial institutions and other credi-

tors and users of consumer reports and their affiliates

employ for the purpose of making underwriting deci-

sions or credit evaluations of consumers.

‘‘(3) R

EPORTS

.—

‘‘(A) I

NITIAL REPORT

.—Not later than 3 years after

the date of enactment of this Act [Dec. 4, 2003], the

Federal banking agencies, the National Credit Union

Administration, and the Commission shall jointly

submit a report to the Congress on the results of the

initial study conducted in accordance with this sub-

section, together with any recommendations for leg-

islative or regulatory action.

‘‘(B) F

OLLOWUP REPORTS

.—The Federal banking

agencies, the National Credit Union Administration,

and the Commission shall, not less frequently than

once every 3 years following the date of submission of

the initial report under subparagraph (A), jointly

submit a report to the Congress that, together with

any recommendations for legislative or regulatory

action—

‘‘(i) documents any changes in the areas of study

referred to in paragraph (2)(A) occurring since the

date of submission of the previous report;

‘‘(ii) identifies any changes in the practices of fi-

nancial institutions and other creditors and users

of consumer reports in sharing consumer informa-

tion with their affiliates for the purpose of making

underwriting decisions or credit evaluations of con-

sumers occurring since the date of submission of

the previous report; and

‘‘(iii) examines the effects that changes described

in clause (ii) have had, if any, on the degree to

which such affiliate sharing practices reduce the

need for financial institutions, creditors, and other

users of consumer reports to rely on consumer re-

ports for such decisions.’’

[For definitions of terms used in section 214(e) of Pub.

L. 108–159, set out above, see section 2 of Pub. L. 108–159,

set out as a Definitions note under section 1681 of this

title.]

§ 1681t. Relation to State laws

(a) In general

Except as provided in subsections (b) and (c) of

this section, this subchapter does not annul,

alter, affect, or exempt any person subject to

the provisions of this subchapter from comply-

ing with the laws of any State with respect to

the collection, distribution, or use of any infor-

mation on consumers, or for the prevention or

mitigation of identity theft, except to the ex-

tent that those laws are inconsistent with any

provision of this subchapter, 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 regu-

lated under—

(A) subsection (c) or (e) of section 1681b of

this title, relating to the prescreening of

consumer reports;

(B) section 1681i of this title, relating to

the time by which a consumer reporting

Page 1413 TITLE 15—COMMERCE AND TRADE § 1681t

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 con-

sumer’s file, except that this subparagraph

shall not apply to any State law in effect on

September 30, 1996;

of this title, relating to the duties of a per-

son who takes any adverse action with re-

spect to a consumer;

(D) section 1681m(d) of this title, 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 1681c of this title, relating to

information contained in consumer reports,

except that this subparagraph shall not

apply to any State law in effect on Septem-

ber 30, 1996;

(F) section 1681s–2 of this title, 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 chap-

ter 93 of the Massachusetts Annotated

Laws (as in effect on September 30, 1996);

(ii) with respect to section 1785.25(a) of

the California Civil Code (as in effect on

September 30, 1996);

(G) section 1681g(e) of this title, relating to

information available to victims under sec-

tion 1681g(e) of this title;

(H) section 1681s–3 of this title, relating to

the exchange and use of information to

make a solicitation for marketing purposes;

(I) section 1681m(h) of this title, relating

to the duties of users of consumer reports to

provide notice with respect to terms in cer-

tain credit transactions;

(2) with respect to the exchange of informa-

tion among persons affiliated by common own-

ership or common corporate control, except

that this paragraph shall not apply with re-

spect to subsection (a) or (c)(1) of section 2480e

of title 9, Vermont Statutes Annotated (as in

effect on September 30, 1996);

(3) with respect to the disclosures required

to be made under subsection (c), (d), (e), or (g)

of section 1681g of this title, or subsection (f)

of section 1681g of this title relating to the dis-

closure of credit scores for credit granting

purposes, except that this paragraph—

(A) shall not apply with respect to sections

1785.10, 1785.16, and 1785.20.2 of the California

Civil Code (as in effect on December 4, 2003)

and section 1785.15 through section 1785.15.2

of such Code (as in effect on such date);

(B) shall not apply with respect to sections

5–3–106(2) and 212–14.3–104.3 of the Colorado

Revised Statutes (as in effect on December 4,

2003); and

nulling, affecting, or superseding any provi-

sion of the laws of any State regulating the

use in an insurance activity, or regulating

disclosures concerning such use, of a credit-

based insurance score of a consumer by any

person engaged in the business of insurance;

(4) with respect to the frequency of any dis-

closure under section 1681j(a) of this title, ex-

cept that this paragraph shall not apply—

(A) with respect to section 12–14.3–105(1)(d)

of the Colorado Revised Statutes (as in ef-

fect on December 4, 2003);

(B) with respect to section 10–1–393(29)(C)

of the Georgia Code (as in effect on Decem-

ber 4, 2003);

of the Maine Revised Statutes (as in effect

on December 4, 2003);

(D) with respect to sections 14–1209(a)(1)

and 14–1209(b)(1)(i) of the Commercial Law

Article of the Code of Maryland (as in effect

on December 4, 2003);

(E) with respect to section 59(d) and sec-

tion 59(e) of chapter 93 of the General Laws

of Massachusetts (as in effect on December

4, 2003);

(F) with respect to section 56:11–37.10(a)(1)

of the New Jersey Revised Statutes (as in ef-

fect on December 4, 2003); or

(G) with respect to section 2480c(a)(1) of

title 9 of the Vermont Statutes Annotated

(as in effect on December 4, 2003); or

(5) with respect to the conduct required by

the specific provisions of—

(A) section 1681c(g) of this title;

(B) section 1681c–1 of this title;

(D) section 1681g(a)(1)(A) of this title;

(E) section 1681j(a) of this title;

(F) subsections (e), (f), and (g) of section

1681m of this title;

(G) section 1681s(f) of this title;

(H) section 1681s–2(a)(6) of this title; or

(I) section 1681w of this title.

Notwithstanding any definition of the term

‘‘firm offer of credit or insurance’’ (or any equiv-

alent term) under the laws of any State, the def-

inition of that term contained in section 1681a(l)

of this title 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) of this section do not

affect any settlement, agreement, or consent

judgment between any State Attorney General

and any consumer reporting agency in effect on

September 30, 1996.

(Pub. L. 90–321, title VI, § 625, formerly § 622, as

added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970,

84 Stat. 1136; renumbered § 623, Pub. L. 102–537,

§ 2(a), Oct. 27, 1992, 106 Stat. 3531; renumbered

§ 624 and amended Pub. L. 104–208, div. A, title II,

§§ 2413(a)(1), 2419, Sept. 30, 1996, 110 Stat. 3009–447,

3009–452; renumbered § 625 and amended Pub. L.

108–159, title I, § 151(a)(2), title II, §§ 212(e),

214(a)(1), (c)(2), title III, § 311(b), title VII, § 711,

Dec. 4, 2003, 117 Stat. 1964, 1977, 1980, 1983, 1989,

2011.)

RIOR

ROVISIONS

A prior section 625 of Pub. L. 90–321 was renumbered

section 626 and is classified to section 1681u of this

title.

Page 1414 TITLE 15—COMMERCE AND TRADE § 1681u

MENDMENTS

2003—Subsec. (a). Pub. L. 108–159, § 711(1), inserted ‘‘or

for the prevention or mitigation of identity theft,’’

after ‘‘information on consumers,’’.

Subsec. (b)(1)(E). Pub. L. 108–159, § 214(c)(2)(A), struck

out ‘‘or’’ after semicolon at end.

Subsec. (b)(1)(G). Pub. L. 108–159, § 151(a)(2), added

subpar. (G).

Subsec. (b)(1)(H). Pub. L. 108–159, § 214(c)(2)(B), added

subpar. (H).

Subsec. (b)(1)(I). Pub. L. 108–159, § 311(b), added sub-

par. (I).

Subsec. (b)(3), (4). Pub. L. 108–159, § 212(e), added pars.

(3) and (4) and struck out former par. (3) which read as

follows: ‘‘with respect to the form and content of any

disclosure required to be made under section 1681g(c) of

this title.’’

Subsec. (b)(5). Pub. L. 108–159, § 711(2), added par. (5).

Subsec. (d). Pub. L. 108–159, § 711(3), substituted ‘‘(c) of

this section’’ for ‘‘(c) of this section—’’, struck out par.

(1) designation before ‘‘do not affect’’, substituted

‘‘1996.’’ for ‘‘1996; and’’, and struck out par. (2) which

read as follows:

‘‘(2) do not apply to any provision of State law (in-

cluding 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 subchapter; and

‘‘(C) gives greater protection to consumers than is

provided under this subchapter.’’

1996—Subsec. (a). Pub. L. 104–208, § 2419(1), designated

existing provisions as subsec. (a), inserted heading, and

substituted ‘‘Except as provided in subsections (b) and

chapter’’.

Subsecs. (b) to (d). Pub. L. 104–208, § 2419(2), added sub-

secs. (b) to (d).

FFECTIVE

ATE OF

2003 A

MENDMENT

Amendment by Pub. L. 108–159 subject to joint regu-

lations establishing effective dates as prescribed by

Federal Reserve Board and Federal Trade Commission,

except as otherwise provided, see section 3 of Pub. L.

108–159, set out as a note under section 1681 of this title.

FFECTIVE

ATE OF

1996 A

MENDMENT

Amendment by Pub. L. 104–208 effective 365 days after

Sept. 30, 1996, with special rule for early compliance,

see section 2420 of Pub. L. 104–208, set out as a note

under section 1681a of this title.

§ 1681u. Disclosures to FBI for counter-

intelligence purposes

(a) Identity of financial institutions

Notwithstanding section 1681b of this title or

any other provision of this subchapter, a con-

sumer reporting agency shall furnish to the Fed-

eral Bureau of Investigation the names and ad-

dresses of all financial institutions (as that term

is defined in section 3401 of title 12) at which a

consumer maintains or has maintained an ac-

count, to the extent that information is in the

files of the agency, when presented with a writ-

ten 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 Director,

which certifies compliance with this section.

The Director or the Director’s designee may

make such a certification only if the Director or

the Director’s designee has determined in writ-

ing, that such information is sought for the con-

duct of an authorized investigation to protect

against international terrorism or clandestine

intelligence activities, provided that such an in-

vestigation of a United States person is not con-

ducted solely upon the basis of activities pro-

tected by the first amendment to the Constitu-

tion of the United States.

(b) Identifying information

Notwithstanding the provisions of section

1681b of this title or any other provision of this

subchapter, a consumer reporting agency shall

furnish identifying information respecting a

consumer, limited to name, address, former ad-

dresses, places of employment, or former places

of employment, to the Federal Bureau of Inves-

tigation when presented with a written request,

signed by the Director 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 des-

ignated by the Director, which certifies compli-

ance with this subsection. The Director or the

Director’s designee may make such a certifi-

cation only if the Director or the Director’s des-

ignee has determined in writing that such infor-

mation is sought for the conduct of an author-

ized investigation to protect against inter-

national terrorism or clandestine intelligence

activities, provided that such an investigation

of a United States person is not conducted sole-

ly upon the basis of activities protected by the

first amendment to the Constitution of the

United States.

ports

Notwithstanding section 1681b of this title or

any other provision of this subchapter, if re-

quested in writing by the Director of the Fed-

eral Bureau of Investigation, or a designee of

the Director in a position not lower than Deputy

Assistant Director at Bureau headquarters or a

Special Agent in Charge in a Bureau field office

designated by the Director, a court may issue an

order ex parte directing a consumer reporting

agency to furnish a consumer report to the Fed-

eral Bureau of Investigation, upon a showing in

camera that the consumer report is sought for

the conduct of an authorized investigation to

protect against international terrorism or clan-

destine intelligence activities, provided that

such an investigation of a United States person

is not conducted solely upon the basis of activi-

ties protected by the first amendment to the

Constitution of the United States. The terms of

an order issued under this subsection shall not

disclose that the order is issued for purposes of

a counterintelligence investigation.

(d) Confidentiality

(1) If the Director of the Federal Bureau of In-

vestigation, or his designee in a position not

lower than Deputy Assistant Director at Bureau

headquarters or a Special Agent in Charge in a

Bureau field office designated by the Director,

certifies that otherwise there may result a dan-

ger to the national security of the United

States, interference with a criminal, counter-

terrorism, or counterintelligence investigation,

interference with diplomatic relations, or dan-

ger to the life or physical safety of any person,

no consumer reporting agency or officer, em-

Page 1415 TITLE 15—COMMERCE AND TRADE § 1681u

ployee, or agent of a consumer reporting agency

shall disclose to any person (other than those to

whom such disclosure is necessary to comply

with the request or an attorney to obtain legal

advice or legal assistance with respect to the re-

quest) that the Federal Bureau of Investigation

has sought or obtained the identity of financial

institutions or a consumer report respecting any

consumer under subsection (a), (b), or (c), and no

consumer reporting agency or officer, employee,

or agent of a consumer reporting agency shall

include in any consumer report any information

that would indicate that the Federal Bureau of

Investigation has sought or obtained such infor-

mation on a consumer report.

(2) The request shall notify the person or en-

tity to whom the request is directed of the non-

disclosure requirement under paragraph (1).

(3) Any recipient disclosing to those persons

necessary to comply with the request or to an

attorney to obtain legal advice or legal assist-

ance with respect to the request shall inform

such persons of any applicable nondisclosure re-

quirement. Any person who receives a disclosure

under this subsection shall be subject to the

same prohibitions on disclosure under paragraph

(1).

(4) At the request of the Director of the Fed-

eral Bureau of Investigation or the designee of

the Director, any person making or intending to

make a disclosure under this section shall iden-

tify to the Director or such designee the person

to whom such disclosure will be made or to

whom such disclosure was made prior to the re-

quest, except that nothing in this section shall

require a person to inform the Director or such

designee of the identity of an attorney to whom

disclosure was made or will be made to obtain

legal advice or legal assistance with respect to

the request for the identity of financial institu-

tions or a consumer report respecting any con-

sumer under this section.

(e) Payment of fees

The Federal Bureau of Investigation shall,

subject to the availability of appropriations, pay

to the consumer reporting agency assembling or

providing report or information in accordance

with procedures established under this section a

fee for reimbursement for such costs as are rea-

sonably necessary and which have been directly

incurred in searching, reproducing, or transport-

ing books, papers, records, or other data re-

quired or requested to be produced under this

section.

(f) Limit on dissemination

The Federal Bureau of Investigation may not

disseminate information obtained pursuant to

this section outside of the Federal Bureau of In-

vestigation, except to other Federal agencies as

may be necessary for the approval or conduct of

a foreign counterintelligence investigation, or,

where the information concerns a person subject

to the Uniform Code of Military Justice, to ap-

propriate investigative authorities within the

military department concerned as may be nec-

essary for the conduct of a joint foreign counter-

intelligence investigation.

(g) Rules of construction

Nothing in this section shall be construed to

prohibit information from being furnished by

the Federal Bureau of Investigation pursuant to

a subpoena or court order, in connection with a

judicial or administrative proceeding to enforce

the provisions of this subchapter. Nothing in

this section shall be construed to authorize or

permit the withholding of information from the

Congress.

(h) Reports to Congress

(1) On a semiannual basis, the Attorney Gen-

eral shall fully inform the Permanent Select

Committee on Intelligence and the Committee

on Banking, Finance and Urban Affairs of the

House of Representatives, and the Select Com-

mittee on Intelligence and the Committee on

Banking, Housing, and Urban Affairs of the Sen-

ate concerning all requests made pursuant to

subsections (a), (b), and (c) of this section.

(2) In the case of the semiannual reports re-

quired to be submitted under paragraph (1) to

the Permanent Select Committee on Intel-

ligence of the House of Representatives and the

Select Committee on Intelligence of the Senate,

the submittal dates for such reports shall be as

provided in section 415b of title 50.

(i) Damages

Any agency or department of the United

States obtaining or disclosing any consumer re-

ports, records, or information contained therein

in violation of this section is liable to the con-

sumer to whom such consumer reports, records,

or information relate in an amount equal to the

sum of—

(1) $100, without regard to the volume of con-

sumer reports, records, or information in-

volved;

(2) any actual damages sustained by the con-

sumer as a result of the disclosure;

(3) if the violation is found to have been will-

ful or intentional, such punitive damages as a

court may allow; and

(4) in the case of any successful action to en-

force liability under this subsection, the costs

of the action, together with reasonable attor-

ney fees, as determined by the court.

(j) Disciplinary actions for violations

If a court determines that any agency or de-

partment of the United States has violated any

provision of this section and the court finds that

the circumstances surrounding the violation

raise questions of whether or not an officer or

employee of the agency or department acted

willfully or intentionally with respect to the

violation, the agency or department shall

promptly initiate a proceeding to determine

whether or not disciplinary action is warranted

against the officer or employee who was respon-

sible for the violation.

(k) Good-faith exception

Notwithstanding any other provision of this

subchapter, any consumer reporting agency or

agent or employee thereof making disclosure of

consumer reports or identifying information

pursuant to this subsection in good-faith reli-

ance upon a certification of the Federal Bureau

of Investigation pursuant to provisions of this

section shall not be liable to any person for such

disclosure under this subchapter, the constitu-

tion of any State, or any law or regulation of

Page 1416 TITLE 15—COMMERCE AND TRADE § 1681u

any State or any political subdivision of any

State.

(l) Limitation of remedies

Notwithstanding any other provision of this

subchapter, the remedies and sanctions set forth

in this section shall be the only judicial rem-

edies and sanctions for violation of this section.

(m) Injunctive relief

In addition to any other remedy contained in

this section, injunctive relief shall be available

to require compliance with the procedures of

this section. In the event of any successful ac-

tion under this subsection, costs together with

reasonable attorney fees, as determined by the

court, may be recovered.

(Pub. L. 90–321, title VI, § 626, formerly § 624, as

added Pub. L. 104–93, title VI, § 601(a), Jan. 6,

1996, 109 Stat. 974; renumbered § 625 and amended

Pub. L. 107–56, title III, § 358(g)(1)(A), title V,

§ 505(c), Oct. 26, 2001, 115 Stat. 327, 366; Pub. L.

107–306, title VIII, § 811(b)(8)(B), Nov. 27, 2002, 116

Stat. 2426; renumbered § 626, Pub. L. 108–159, title

II, § 214(a)(1), Dec. 4, 2003, 117 Stat. 1980; Pub. L.

109–177, title I, § 116(b), Mar. 9, 2006, 120 Stat. 214;

Pub. L. 109–178, § 4(c)(1), Mar. 9, 2006, 120 Stat.

280.)

EFERENCES IN

EXT

This subchapter, referred to in subsec. (g), was in the

original, ‘‘this Act’’ and was translated as reading ‘‘this

title’’, meaning title VI of Pub. L. 90–321, known as the

Fair Credit Reporting Act, to reflect the probable in-

tent of Congress.

RIOR

ROVISIONS

A prior section 626 of Pub. L. 90–321 was renumbered

section 627 and is classified to section 1681v of this

title.

MENDMENTS

2006—Subsec. (d). Pub. L. 109–177 reenacted heading

without change and amended text generally. Prior to

amendment, text read as follows: ‘‘No consumer report-

ing agency or officer, employee, or agent of a consumer

reporting agency shall disclose to any person, other

than those officers, employees, or agents of a consumer

reporting agency necessary to fulfill the requirement

to disclose information to the Federal Bureau of Inves-

tigation under this section, that the Federal Bureau of

Investigation has sought or obtained the identity of fi-

nancial institutions or a consumer report respecting

any consumer under subsection (a), (b), or (c) of this

section, and no consumer reporting agency or officer,

employee, or agent of a consumer reporting agency

shall include in any consumer report any information

that would indicate that the Federal Bureau of Inves-

tigation has sought or obtained such information or a

consumer report.’’

Subsec. (d)(4). Pub. L. 109–178 amended par. (4) gener-

ally. Prior to amendment, par. (4) read as follows: ‘‘At

the request of the Director of the Federal Bureau of In-

vestigation or the designee of the Director, any person

making or intending to make a disclosure under this

section shall identify to the Director or such designee

the person to whom such disclosure will be made or to

whom such disclosure was made prior to the request,

but in no circumstance shall a person be required to in-

form the Director or such designee that the person in-

tends to consult an attorney to obtain legal advice or

legal assistance.’’

2002—Subsec. (h). Pub. L. 107–306 designated existing

provisions as par. (1) and added par. (2).

2001—Pub. L. 107–56, § 505(c), which directed amend-

ment of section 624 of the Fair Credit Reporting Act,

was executed by making the amendment to this section

to reflect the probable intent of Congress and the re-

numbering of section 624 as 625 by section 358(g)(1)(A) of

Pub. L. 107–56. See below.

Subsec. (a). Pub. L. 107–56, § 505(c)(1), inserted ‘‘in a

position not lower than Deputy Assistant Director at

Bureau headquarters or a Special Agent in Charge of a

Bureau field office designated by the Director’’ after

‘‘Investigation, or the Director’s designee’’ and sub-

stituted ‘‘in writing, that such information is sought

for the conduct of an authorized investigation to pro-

tect against international terrorism or clandestine in-

telligence activities, provided that such an investiga-

tion of a United States person is not conducted solely

upon the basis of activities protected by the first

amendment to the Constitution of the United States.’’

for pars. (1) and (2) requiring determination in writing

that the information requested is necessary for the

conduct of an authorized foreign counterintelligence

investigation and that there are specific and artic-

ulable facts giving reason to believe that the consumer

is a foreign power or a person who is not a United

States person and is an official of a foreign power, or

that the consumer is an agent of a foreign power and is

engaging or has engaged in an act of international ter-

rorism or clandestine intelligence activities that in-

volve or may involve a violation of criminal statutes of

the United States.

Subsec. (b). Pub. L. 107–56, § 505(c)(2), inserted ‘‘in a

position not lower than Deputy Assistant Director at

Bureau headquarters or a Special Agent in Charge of a

Bureau field office designated by the Director’’ after

‘‘signed by the Director or the Director’s designee’’ and

substituted ‘‘in writing that such information is sought

for the conduct of an authorized investigation to pro-

tect against international terrorism or clandestine in-

telligence activities, provided that such an investiga-

tion of a United States person is not conducted solely

upon the basis of activities protected by the first

amendment to the Constitution of the United States.’’

for pars. (1) and (2) requiring determination in writing

that the information requested is necessary to the con-

duct of an authorized counterintelligence investigation

and that there is information giving reason to believe

that the consumer has been, or is about to be, in con-

tact with a foreign power or an agent of a foreign

power.

Subsec. (c). Pub. L. 107–56, § 505(c)(3), inserted ‘‘in a

position not lower than Deputy Assistant Director at

Bureau headquarters or a Special Agent in Charge in a

Bureau field office designated by the Director’’ after

‘‘designee of the Director’’ and substituted ‘‘in camera

that the consumer report is sought for the conduct of

an authorized investigation to protect against inter-

national terrorism or clandestine intelligence activi-

ties, provided that such an investigation of a United

States person is not conducted solely upon the basis of

activities protected by the first amendment to the Con-

stitution of the United States.’’ for pars. (1) and (2) re-

quiring a showing in camera that the consumer report

is necessary for the conduct of an authorized foreign

counterintelligence investigation and there are specific

and articulable facts giving reason to believe that the

consumer whose consumer report is sought is an agent

of a foreign power and is engaging or has engaged in an

act of international terrorism or in clandestine intel-

ligence activities that involve or may involve a viola-

tion of criminal statutes of the United States.

HANGE OF

AME

Committee on Banking, Finance and Urban Affairs of

House of Representatives treated as referring to Com-

mittee on Banking and Financial Services of House of

Representatives by section 1(a) of Pub. L. 104–14, set

out as a note preceding section 21 of Title 2, The Con-

gress. Committee on Banking and Financial Services of

House of Representatives abolished and replaced by

Committee on Financial Services of House of Rep-

resentatives, and jurisdiction over matters relating to

securities and exchanges and insurance generally trans-

Page 1417 TITLE 15—COMMERCE AND TRADE § 1681v

ferred from Committee on Energy and Commerce of

House of Representatives by House Resolution No. 5,

One Hundred Seventh Congress, Jan. 3, 2001.

FFECTIVE

ATE OF

2001 A

MENDMENT

Amendment by section 358(g)(1)(A) of Pub. L. 107–56

applicable with respect to reports filed or records main-

tained on, before, or after Oct. 26, 2001, see section

358(h) of Pub. L. 107–56, set out as a note under section

1829b of this Title 12, Banks and Banking.

§ 1681v. Disclosures to governmental agencies for

counterterrorism purposes

(a) Disclosure

Notwithstanding section 1681b of this title or

any other provision of this subchapter, a con-

sumer reporting agency shall furnish a con-

sumer report of a consumer and all other infor-

mation in a consumer’s file to a government

agency authorized to conduct investigations of,

or intelligence or counterintelligence activities

or analysis related to, international terrorism

when presented with a written certification by

such government agency that such information

is necessary for the agency’s conduct or such in-

vestigation, activity or analysis.

(b) Form of certification

The certification described in subsection (a) of

this section shall be signed by a supervisory offi-

cial designated by the head of a Federal agency

or an officer of a Federal agency whose appoint-

ment to office is required to be made by the

President, by and with the advice and consent of

the Senate.

(1) If the head of a government agency author-

ized to conduct investigations of intelligence or

counterintelligence activities or analysis relat-

ed to international terrorism, or his designee,

certifies that otherwise there may result a dan-

ger to the national security of the United

States, interference with a criminal, counter-

terrorism, or counterintelligence investigation,

interference with diplomatic relations, or dan-

ger to the life or physical safety of any person,

no consumer reporting agency or officer, em-

ployee, or agent of such consumer reporting

agency, shall disclose to any person (other than

those to whom such disclosure is necessary to

comply with the request or an attorney to ob-

tain legal advice or legal assistance with respect

to the request), or specify in any consumer re-

port, that a government agency has sought or

obtained access to information under subsection

(a).

(2) The request shall notify the person or en-

tity to whom the request is directed of the non-

disclosure requirement under paragraph (1).

(3) Any recipient disclosing to those persons

necessary to comply with the request or to any

attorney to obtain legal advice or legal assist-

ance with respect to the request shall inform

such persons of any applicable nondisclosure re-

quirement. Any person who receives a disclosure

under this subsection shall be subject to the

same prohibitions on disclosure under paragraph

(1).

(4) At the request of the authorized govern-

ment agency, any person making or intending to

make a disclosure under this section shall iden-

tify to the requesting official of the authorized

government agency the person to whom such

disclosure will be made or to whom such disclo-

sure was made prior to the request, except that

nothing in this section shall require a person to

inform the requesting official of the identity of

an attorney to whom disclosure was made or

will be made to obtain legal advice or legal as-

sistance with respect to the request for informa-

tion under subsection (a).

(d) Rule of construction

Nothing in section 1681u of this title shall be

construed to limit the authority of the Director

of the Federal Bureau of Investigation under

this section.

(e) Safe harbor

Notwithstanding any other provision of this

subchapter, any consumer reporting agency or

agent or employee thereof making disclosure of

consumer reports or other information pursuant

to this section in good-faith reliance upon a cer-

tification of a government agency pursuant to

the provisions of this section shall not be liable

to any person for such disclosure under this sub-

chapter, the constitution of any State, or any

law or regulation of any State or any political

subdivision of any State.

(f) Reports to Congress

(1) On a semi-annual basis, the Attorney Gen-

eral shall fully inform the Committee on the Ju-

diciary, the Committee on Financial Services,

and the Permanent Select Committee on Intel-

ligence of the House of Representatives and the

Committee on the Judiciary, the Committee on

Banking, Housing, and Urban Affairs, and the

Select Committee on Intelligence of the Senate

concerning all requests made pursuant to sub-

section (a).

(2) In the case of the semiannual reports re-

quired to be submitted under paragraph (1) to

the Permanent Select Committee on Intel-

ligence of the House of Representatives and the

Select Committee on Intelligence of the Senate,

the submittal dates for such reports shall be as

provided in section 415b of title 50.

(Pub. L. 90–321, title VI, § 627, formerly § 626, as

added Pub. L. 107–56, title III, § 358(g)(1)(B), Oct.

26, 2001, 115 Stat. 327; renumbered § 627 and

amended Pub. L. 108–159, title II, § 214(a)(1),

(c)(3), Dec. 4, 2003, 117 Stat. 1980, 1983; Pub. L.

108–458, title VI, § 6203(l), Dec. 17, 2004, 118 Stat.

3747; Pub. L. 109–177, title I, §§ 116(c), 118(b), Mar.

9, 2006, 120 Stat. 214, 217; Pub. L. 109–178, § 4(c)(2),

Mar. 9, 2006, 120 Stat. 280.)

MENDMENTS

2006—Subsec. (c). Pub. L. 109–177, § 116(c), amended

subsec. (c) generally. Prior to amendment, text read as

follows: ‘‘No consumer reporting agency, or officer, em-

ployee, or agent of such consumer reporting agency,

shall disclose to any person, or specify in any consumer

report, that a government agency has sought or ob-

tained access to information under subsection (a) of

this section.’’

Subsec. (c)(4). Pub. L. 109–178 amended par. (4) gener-

ally. Prior to amendment, par. (4) read as follows: ‘‘At

the request of the authorized Government agency, any

person making or intending to make a disclosure under

this section shall identify to the requesting official of

the authorized Government agency the person to whom

Page 1418 TITLE 15—COMMERCE AND TRADE § 1681w

such disclosure will be made or to whom such disclo-

sure was made prior to the request, but in no circum-

stance shall a person be required to inform such re-

questing official that the person intends to consult an

attorney to obtain legal advice or legal assistance.’’

Subsec. (f). Pub. L. 109–177, § 118(b), added subsec. (f).

2004—Subsec. (e). Pub. L. 108–458 substituted ‘‘govern-

ment agency’’ for ‘‘governmental agency’’.

2003—Subsec. (d). Pub. L. 108–159, § 214(c)(3), made

technical amendment to reference in original act which

appears in text as reference to section 1681u of this

title.

FFECTIVE

ATE OF

2004 A

MENDMENT

Amendment by Pub. L. 108–458 effective as if included

in Pub. L. 107–56, as of the date of enactment of such

Act, see section 6205 of Pub. L. 108–458, set out as a note

under section 1828 of Title 12, Banks and Banking.

FFECTIVE

ATE OF

2003 A

MENDMENT

Amendment by Pub. L. 108–159 subject to joint regu-

lations establishing effective dates as prescribed by

Federal Reserve Board and Federal Trade Commission,

except as otherwise provided, see section 3 of Pub. L.

108–159, set out as a note under section 1681 of this title.

FFECTIVE

ATE

Section applicable with respect to reports filed or

records maintained on, before, or after Oct. 26, 2001, see

section 358(h) of Pub. L. 107–56, set out as an Effective

Date of 2001 Amendment note under section 1829b of

this Title 12, Banks and Banking.

§ 1681w. Disposal of records

(a) Regulations

(1) In general

The Federal Trade Commission, the Securi-

ties and Exchange Commission, the Commod-

ity Futures Trading Commission, the Federal

banking agencies, and the National Credit

Union Administration, with respect to the en-

tities that are subject to their respective en-

forcement authority under section 1681s of this

title, and in coordination as described in para-

graph (2), shall issue final regulations requir-

ing any person that maintains or otherwise

possesses consumer information, or any com-

pilation of consumer information, derived

from consumer reports for a business purpose

to properly dispose of any such information or

compilation.

(2) Coordination

Each agency required to prescribe regula-

tions under paragraph (1) shall—

(A) consult and coordinate with each other

such agency so that, to the extent possible,

the regulations prescribed by each such

agency are consistent and comparable with

the regulations by each such other agency;

and

(B) ensure that such regulations are con-

sistent with the requirements and regula-

tions issued pursuant to Public Law 106–102

and other provisions of Federal law.

(3) Exemption authority

In issuing regulations under this section, the

agencies identified in paragraph (1) may ex-

empt any person or class of persons from ap-

plication of those regulations, as such agency

deems appropriate to carry out the purpose of

this section.

(b) Rule of construction

Nothing in this section shall be construed—

(1) to require a person to maintain or de-

stroy any record pertaining to a consumer

that is not imposed under other law; or

(2) to alter or affect any requirement im-

posed under any other provision of law to

maintain or destroy such a record.

(Pub. L. 90–321, title VI, § 628, as added Pub. L.

108–159, title II, § 216(a), Dec. 4, 2003, 117 Stat.

1985; amended Pub. L. 111–203, title X,

§ 1088(a)(12), (13), July 21, 2010, 124 Stat. 2091,

2092.)

EFERENCES IN

EXT

Public Law 106–102, referred to in subsec. (a)(2)(B), is

Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1338, as amended,

known as the Gramm-Leach-Bliley Act. For complete

classification of this Act to the Code, see Short Title of

1999 Amendment note set out under section 1811 of Title

12, Banks and Banking, and Tables.

MENDMENTS

2010—Subsec. (a)(1). Pub. L. 111–203, § 1088(a)(12), sub-

stituted ‘‘The Federal Trade Commission, the Securi-

ties and Exchange Commission, the Commodity Fu-

tures Trading Commission, the Federal banking agen-

cies, and the National Credit Union Administration,

with respect to the entities that are subject to their re-

spective enforcement authority under section 1681s of

this title,’’ for ‘‘Not later than 1 year after December

4, 2003, the Federal banking agencies, the National

Credit Union Administration, and the Commission with

respect to the entities that are subject to their respec-

tive enforcement authority under section 1681s of this

title, and the Securities and Exchange Commission,’’.

Subsec. (a)(3). Pub. L. 111–203, § 1088(a)(13), substituted

‘‘the agencies identified in paragraph (1)’’ for ‘‘the Fed-

eral banking agencies, the National Credit Union Ad-

ministration, the Commission, and the Securities and

Exchange Commission’’.

FFECTIVE

ATE OF

2010 A

MENDMENT

Amendment by Pub. L. 111–203 effective on the des-

ignated transfer date, see section 1100H of Pub. L.

111–203, set out as a note under section 552a of Title 5,

Government Organization and Employees.

FFECTIVE

ATE

Section subject to joint regulations establishing ef-

fective dates as prescribed by Federal Reserve Board

and Federal Trade Commission, except as otherwise

provided, see section 3 of Pub. L. 108–159, set out as an

Effective Date of 2003 Amendment note under section

1681 of this title.

§ 1681x. Corporate and technological circumven-

tion prohibited

The Commission shall prescribe regulations,

to become effective not later than 90 days after

December 4, 2003, to prevent a consumer report-

ing agency from circumventing or evading treat-

ment as a consumer reporting agency described

in section 1681a(p) of this title for purposes of

this subchapter, including—

(1) by means of a corporate reorganization or

restructuring, including a merger, acquisition,

dissolution, divestiture, or asset sale of a con-

sumer reporting agency; or

(2) by maintaining or merging public record

and credit account information in a manner

that is substantially equivalent to that de-

scribed in paragraphs (1) and (2) of section

1681a(p) of this title, in the manner described

in section 1681a(p) of this title.

(Pub. L. 90–321, title VI, § 629, as added Pub. L.

108–159, title II, § 211(b), Dec. 4, 2003, 117 Stat.

1970.)

Page 1419 TITLE 15—COMMERCE AND TRADE § 1691

FFECTIVE

ATE

Section subject to joint regulations establishing ef-

fective dates as prescribed by Federal Reserve Board

and Federal Trade Commission, except as otherwise

provided, see section 3 of Pub. L. 108–159, set out as an

Effective Date of 2003 Amendment note under section

1681 of this title.

SUBCHAPTER IV—EQUAL CREDIT

OPPORTUNITY

§ 1691. Scope of prohibition

(a) Activities constituting discrimination

It shall be unlawful for any creditor to dis-

criminate against any applicant, with respect to

any aspect of a credit transaction—

(1) on the basis of race, color, religion, na-

tional origin, sex or marital status, or age

(provided the applicant has the capacity to

contract);

(2) because all or part of the applicant’s in-

come derives from any public assistance pro-

gram; or

(3) because the applicant has in good faith

exercised any right under this chapter.

(b) Activities not constituting discrimination

It shall not constitute discrimination for pur-

poses of this subchapter for a creditor—

(1) to make an inquiry of marital status if

such inquiry is for the purpose of ascertaining

the creditor’s rights and remedies applicable

to the particular extension of credit and not to

discriminate in a determination of credit-wor-

thiness;

(2) to make an inquiry of the applicant’s age

or of whether the applicant’s income derives

from any public assistance program if such in-

quiry is for the purpose of determining the

amount and probable continuance of income

levels, credit history, or other pertinent ele-

ment of credit-worthiness as provided in regu-

lations of the Bureau;

(3) to use any empirically derived credit sys-

tem which considers age if such system is de-

monstrably and statistically sound in accord-

ance with regulations of the Bureau, except

that in the operation of such system the age of

an elderly applicant may not be assigned a

negative factor or value;

(4) to make an inquiry or to consider the age

of an elderly applicant when the age of such

applicant is to be used by the creditor in the

extension of credit in favor of such applicant;

(5) to make an inquiry under section 1691c–2

of this title, in accordance with the require-

ments of that section.

crimination

It is not a violation of this section for a credi-

tor to refuse to extend credit offered pursuant

to—

(1) any credit assistance program expressly

authorized by law for an economically dis-

advantaged class of persons;

(2) any credit assistance program adminis-

tered by a nonprofit organization for its mem-

bers or an economically disadvantaged class of

persons; or

(3) any special purpose credit program of-

fered by a profit-making organization to meet

special social needs which meets standards

prescribed in regulations by the Bureau;

if such refusal is required by or made pursuant

to such program.

(d) Reason for adverse action; procedure applica-

ble; ‘‘adverse action’’ defined

(1) Within thirty days (or such longer reason-

able time as specified in regulations of the Bu-

reau for any class of credit transaction) after re-

ceipt of a completed application for credit, a

creditor shall notify the applicant of its action

on the application.

(2) Each applicant against whom adverse ac-

tion is taken shall be entitled to a statement of

reasons for such action from the creditor. A

creditor satisfies this obligation by—

(A) providing statements of reasons in writ-

ing as a matter of course to applicants against

whom adverse action is taken; or

(B) giving written notification of adverse ac-

tion which discloses (i) the applicant’s right to

a statement of reasons within thirty days

after receipt by the creditor of a request made

within sixty days after such notification, and

(ii) the identity of the person or office from

which such statement may be obtained. Such

statement may be given orally if the written

notification advises the applicant of his right

to have the statement of reasons confirmed in

writing on written request.

(3) A statement of reasons meets the require-

ments of this section only if it contains the spe-

cific reasons for the adverse action taken.

(4) Where a creditor has been requested by a

third party to make a specific extension of cred-

it directly or indirectly to an applicant, the no-

tification and statement of reasons required by

this subsection may be made directly by such

creditor, or indirectly through the third party,

provided in either case that the identity of the

creditor is disclosed.

(5) The requirements of paragraph (2), (3), or

(4) may be satisfied by verbal statements or no-

tifications in the case of any creditor who did

not act on more than one hundred and fifty ap-

plications during the calendar year preceding

the calendar year in which the adverse action is

taken, as determined under regulations of the

Bureau.

(6) For purposes of this subsection, the term

‘‘adverse action’’ means a denial or revocation

of credit, a change in the terms of an existing

credit arrangement, or a refusal to grant credit

in substantially the amount or on substantially

the terms requested. Such term does not include

a refusal to extend additional credit under an

existing credit arrangement where the applicant

is delinquent or otherwise in default, or where

such additional credit would exceed a previously

established credit limit.

(e) Appraisals; copies of reports to applicants;

costs

Each creditor shall promptly furnish an appli-

cant, upon written request by the applicant

made within a reasonable period of time of the

application, a copy of the appraisal report used

in connection with the applicant’s application

for a loan that is or would have been secured by

a lien on residential real property. The creditor