s a public service, the staff of the Federal Trade Commission (FTC) has (2026)

Fair Credit

Reporting

Act

15 U.S.C § 1681

Revised

March 2026

A

s a public service, the staff of the Federal Trade Commission (FTC) has

prepared the following complete text of the Fair Credit Reporting Act

(FCRA), 15 U.S.C. § 1681 et seq. Although staff generally followed the

format of the U.S. Code as published by the Government Printing Office, the

format of this text does differ in minor ways from the Code (and from West’s

U.S. Code Annotated). For example, this version uses FCRA section numbers

(§§ 601-629) in the headings. (The relevant U.S. Code citation is included with

each section heading and each reference to the FCRA in the text.) Although the

staff has made every effort to transcribe the statutory material accurately, this

compendium is intended only as a convenience for the public and not a substitute

for the text in the U.S. Code.

This version of the FCRA includes the amendments to the FCRA set forth

in the Consumer Credit Reporting Reform Act of 1996 (Public Law 104-208, the

Omnibus Consolidated Appropriations Act for Fiscal Year 1997, Title II, Subtitle

D, Chapter 1), Section 311 of the Intelligence Authorization for Fiscal Year 1998

(Public Law 105-107), the Consumer Reporting Employment Clarification Act of

1998 (Public Law 105-347), Section 506 of the Gramm-Leach-Bliley Act (Public

Law 106-102), Sections 358(g) and 505(c) of the Uniting and Strengthening

America by Providing Appropriate Tools Required to Intercept and Obstruct

Terrorism Act of 2001 (USA PATRIOT Act) (Public Law 107-56), the Fair and

Accurate Credit Transactions Act of 2003 (FACT Act) (Public Law 108-159),

Section 719 of the Financial Services Regulatory Relief Act of 2006 (Public Law

109-351), Section 743 (Div. D, Title VII) of the Consolidated Appropriations Act

of 2008 (Public Law 110-161), the Credit and Debit Card Receipt Clarification

Act of 2007 (Public Law 110-241), and Sections 205 and 302 of the Credit Card

Accountability Responsibility and Disclosure (CARD) Act of 2009 (Public Law

111-24), the Consumer Financial Protection Act of 2010 (CFPA) (Title X of the

Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111203), and the Red Flag Program Clarification Act of 2010 (Public Law 111-203),

and Sections 301, 302, and 602 of the Economic Growth, Regulatory Relief,

and Consumer Protection Act (Public Law 115-174), the William M. (Mac)

Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law

116-283), the National Defense Authorization Act for Fiscal Year 2022 (Public

Law 117-81), and the Homebuyers Privacy Protection Act (Public Law 119-36).

The Commission website posted this document on March 4, 2026.

The provisions added to the FCRA by the FACT Act became effective

at different times. In some cases, the provision includes its own effective date.

In other cases, the FACT Act provides that the effective dates be prescribed by

the FTC and Federal Reserve Board. See 16 CFR Part 602 (69 Fed. Reg. 6526;

February 11, 2004) (69 Fed. Reg. 29061; May 20, 2004).

The provisions added to the FCRA by the CFPA became effective on

July 21, 2011, the “designated transfer date” on which the Bureau of Consumer

Financial Protection assumed certain duties specified by the CFPA. See 75 Fed.

Reg. 57252 (Sept. 20, 2010).

Contents

§ 601.

§ 602.

§ 603.

§ 604.

§ 605.

Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Congressional findings and statement of purpose [15 U.S.C. § 1681] . . . . . . 1

Definitions; rules of construction [15 U.S.C. § 1681a] . . . . . . . . . . . . . . . 1

Permissible purposes of consumer reports [15 U.S.C. § 1681b] . . . . . . . . . 10

Requirements relating to information contained in consumer reports

[15 U.S.C. § 1681c] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

§ 605A. Identity theft prevention; fraud alerts and active duty alerts

[15 U.S.C. § 1681c-1] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

§ 605B. Block of information resulting from identity theft [15 U.S.C. § 1681c-2] . . . 40

§ 605C. Adverse information in cases of trafficking [15 U.S.C. § 1681c-3] . . . . . . . 42

§ 606. Disclosure of investigative consumer reports [15 U.S.C. § 1681d] . . . . . . . 43

§ 607. Compliance procedures [15 U.S.C. § 1681e] . . . . . . . . . . . . . . . . . . . . . 45

§ 608. Disclosures to governmental agencies [15 U.S.C. § 1681f] . . . . . . . . . . . . 47

§ 609. Disclosures to consumers [15 U.S.C. § 1681g] . . . . . . . . . . . . . . . . . . . 47

§ 610. Conditions and form of disclosure to consumers [15 U.S.C. § 1681h] . . . . . 58

§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] . . . . . . . . . . . 59

§ 612. Charges for certain disclosures [15 U.S.C. § 1681j] . . . . . . . . . . . . . . . . 67

§ 613. Public record information for employment purposes [15 U.S.C. § 1681k] . . 70

§ 614. Restrictions on investigative consumer reports [15 U.S.C. § 1681l] . . . . . . 71

§ 615. Requirements on users of consumer reports [15 U.S.C. § 1681m] . . . . . . 71

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] . . . . . . . . . . 80

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o] . . . . . . . . 81

§ 618.

§ 619.

§ 620.

§ 621.

§ 622.

§ 623.

Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p] . . . . . . . . 81

Obtaining information under false pretenses [15 U.S.C. § 1681q] . . . . . . . 81

Unauthorized disclosures by officers or employees [15 U.S.C. § 1681r] . . . 81

Administrative enforcement [15 U.S.C. § 1681s] . . . . . . . . . . . . . . . . . . 82

Information on overdue child support obligations [15 U.S.C. § 1681s-1] . . 87

Responsibilities of furnishers of information to consumer reporting

agencies [15 U.S.C. § 1681s-2] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88

§ 624. Affiliate sharing [15 U.S.C. § 1681s-3] . . . . . . . . . . . . . . . . . . . . . . . . 99

§ 625. Relation to State laws [15 U.S.C. § 1681t] . . . . . . . . . . . . . . . . . . . . . 102

§ 626. Disclosures to FBI for counterintelligence purposes [15 U.S.C. § 1681u] . 105

§ 627. Disclosures to governmental agencies for counterterrorism purposes

[15 U.S.C. § 1681v] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

§ 628. Disposal of records [15 U.S.C. § 1681w] . . . . . . . . . . . . . . . . . . . . . 112

§ 629. Corporate and technological circumvention prohibited [15 U.S.C. § 1681x] 113

Legislative History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114

§ 603 - 15 U.S.C. § 1681a

§ 601. Short title

This title may be cited as the “Fair Credit Reporting Act.”

§ 602. Congressional findings and statement of purpose

[15 U.S.C. § 1681]

(a)

Accuracy and fairness of credit reporting. The Congress makes the

following findings:

(1) The banking system is dependent upon fair and accurate credit

reporting. Inaccurate credit reports directly impair the efficiency of

the banking system, and unfair credit reporting methods undermine

the public confidence which is essential to the continued functioning

of the banking system.

(2) An elaborate mechanism has been developed for investigating and

evaluating the credit worthiness, credit standing, credit capacity,

character, and general reputation of consumers.

(3) Consumer reporting agencies have assumed a vital role in assembling

and evaluating consumer credit and other information on consumers.

(4) There is a need to insure that consumer reporting agencies exercise

their grave responsibilities with fairness, impartiality, and a respect

for the consumer’s right to privacy.

(b)

Reasonable procedures. It is the purpose of this title to require that

consumer reporting agencies adopt reasonable procedures for meeting the

needs of commerce for consumer credit, personnel, insurance, and other

information in a manner which is fair and equitable to the consumer, with

regard to the confidentiality, accuracy, relevancy, and proper utilization of

such information in accordance with the requirements of this title.

§ 603. Definitions; rules of construction [15 U.S.C. § 1681a]

(a)

Definitions and rules of construction set forth in this section are applicable

for the purposes of this title.

(b)

The term “person” means any individual, partnership, corporation, trust,

estate, cooperative, association, government or governmental subdivision

or agency, or other entity.

(c)

The term “consumer” means an individual.

(d)

Consumer Report

(1) In general. The term “consumer report” means any written, oral,

or other communication of any information by a consumer reporting

agency bearing on a consumer’s credit worthiness, credit standing,

1

§ 603 - 15 U.S.C. § 1681a

credit capacity, character, general reputation, personal characteristics,

or mode of living which is used or expected to be used or collected in

whole or in part for the purpose of serving as a factor in establishing

the consumer’s eligibility for

(A) credit or insurance to be used primarily for personal, family, or

household purposes;

(B) employment purposes; or

(C) any other purpose authorized under section 604 [§ 1681b].

(2) Exclusions. Except as provided in paragraph (3), the term “consumer

report” does not include

(A) subject to section 624, any

(i) report containing information solely as to transactions or

experiences between the consumer and the person making

the report;

(ii) communication of that information among persons related

by common ownership or affiliated by corporate control; or

(iii) communication of other information among persons

related by common ownership or affiliated by corporate

control, if it is clearly and conspicuously disclosed to

the consumer that the information may be communicated

among such persons and the consumer is given the

opportunity, before the time that the information is initially

communicated, to direct that such information not be

communicated among such persons;

(B) any authorization or approval of a specific extension of credit

directly or indirectly by the issuer of a credit card or similar device;

(C) any report in which a person who has been requested by a third

party to make a specific extension of credit directly or indirectly

to a consumer conveys his or her decision with respect to such

request, if the third party advises the consumer of the name and

address of the person to whom the request was made, and such

person makes the disclosures to the consumer required under

section 615 [§ 1681m]; or

(D) a communication described in subsection (o) or (x).1

(3) Restriction on sharing of medical information. Except for information

or any communication of information disclosed as provided in section

604(g)(3), the exclusions in paragraph (2) shall not apply with respect

1 Should be read as “(o) or (y)” because section 603(x) was re-designated as 603(y) in 2010 by the CFPA.

2

§ 603 - 15 U.S.C. § 1681a

to information disclosed to any person related by common ownership

or affiliated by corporate control, if the information is –

(e)

(A) medical information;

(B) an individualized list or description based on the payment

transactions of the consumer for medical products or services; or

(C) an aggregate list of identified consumers based on payment

transactions for medical products or services.

The term “investigative consumer report” means a consumer report or

portion thereof in which information on a consumer’s character, general

reputation, personal characteristics, or mode of living is obtained through

personal interviews with neighbors, friends, or associates of the consumer

reported on or with others with whom he is acquainted or who may have

knowledge concerning any such items of information. However, such

information shall not include specific factual information on a consumer’s

credit record obtained directly from a creditor of the consumer or from a

consumer reporting agency when such information was obtained directly

from a creditor of the consumer or from the consumer.

(f)

The term “consumer reporting agency” means any person which, for

monetary fees, dues, or on a cooperative nonprofit basis, regularly engages

in whole or in part in the practice of assembling or evaluating consumer

credit information or other information on consumers for the purpose of

furnishing consumer reports to third parties, and which uses any means or

facility of interstate commerce for the purpose of preparing or furnishing

consumer reports.

(g)

The term “file,” when used in connection with information on any

consumer, means all of the information on that consumer recorded and

retained by a consumer reporting agency regardless of how the information

is stored.

(h)

The term “employment purposes” when used in connection with a

consumer report means a report used for the purpose of evaluating a

consumer for employment, promotion, reassignment or retention as

an employee.

(i)

The term “medical information” –

(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;

3

§ 603 - 15 U.S.C. § 1681a

(B) the provision of health care to an individual; or

(C) the payment for the provision of health 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 information about a consumer

that does not relate to the physical, mental, or behavioral health or

condition of a consumer, including the existence or value of any

insurance policy.

(j)

Definitions Relating to Child Support Obligations

(1) The “overdue support” has the meaning given to such term in section

666(e) of title 42 [Social Security Act, 42 U.S.C. § 666(e)].

(2) The term “State or local child support enforcement agency” means a

State or local agency which administers a State or local program for

establishing and enforcing child support obligations.

(k)

Adverse Action

(1) Actions included. The term “adverse action” –

(A) has the same meaning as in section 701(d)(6) of the Equal

(B)

Credit Opportunity Act; and

means

(i) a denial or cancellation of, an increase in any charge for,

or a reduction or other adverse or unfavorable change in

the terms of coverage or amount of, any insurance,

existing or applied for, in connection with the

underwriting of insurance;

(ii) a denial of employment or any other decision for

employment purposes that adversely affects any current or

prospective employee;

(iii) a denial or cancellation of, an increase in any charge for,

or any other adverse or unfavorable change in the terms

of, any license or benefit described in section 604(a)(3)(D)

[§ 1681b]; and

(iv) an action taken or determination that is

(I) made in connection with an application that was made

by, or a transaction that was initiated by, any

consumer, or in connection with a review of an

account under section 604(a)(3)(F)(ii)[§ 1681b]; and

(II) adverse to the interests of the consumer.

4

§ 603 - 15 U.S.C. § 1681a

(2) Applicable findings, decisions, commentary, and orders. For purposes

of any determination of whether an action is an adverse action

under paragraph (1)(A), all appropriate final findings, decisions,

commentary, and orders issued under section 701(d)(6) of the Equal

Credit Opportunity Act by the Bureau or any court shall apply.

(l)

The term “firm offer of credit or insurance” means any offer of credit or

insurance to a consumer that will be honored if the consumer is determined,

based on information in a consumer report on the consumer, to meet the

specific criteria used to select the consumer for the offer, except that the

offer may be further conditioned on one or more of the following:

(1) The consumer being determined, based on information in the

consumer’s application for the credit or insurance, to meet specific

criteria bearing on credit worthiness or insurability, as applicable,

that are established

(A) before selection of the consumer for the offer; and

(B) for the purpose of determining whether to extend credit or

insurance pursuant to the offer.

(2) Verification

(A) that the consumer continues to meet the specific criteria used

to select the consumer for the offer, by using information

in a consumer report on the consumer, information in the

consumer’s application for the credit or insurance, or other

information bearing on the credit worthiness or insurability of

the consumer; or

(B) of the information in the consumer’s application for the credit

or insurance, to determine that the consumer meets the specific

criteria bearing on credit worthiness or insurability.

(3) The consumer furnishing any collateral that is a requirement for the

extension of the credit or insurance that was

(A) established before selection of the consumer for the offer of

credit or insurance; and

(B) disclosed to the consumer in the offer of credit or insurance.

(m) The term “credit or insurance transaction that is not initiated by the

consumer” does not include the use of a consumer report by a person with

which the consumer has an account or insurance policy, for purposes of

(1) reviewing the account or insurance policy; or

(2) collecting the account.

5

§ 603 - 15 U.S.C. § 1681a

(n)

The term “State” means any State, the Commonwealth of Puerto Rico, the

District of Columbia, and any territory or possession of the United States.

(o)

Excluded communications. A communication is described in this

subsection if it is a communication

(1) that, but for subsection (d)(2)(D), would be an investigative

consumer report;

(2) that is made to a prospective employer for the purpose of

(A) procuring an employee for the employer; or

(B) procuring an opportunity for a natural person to work for the

employer;

(3) that is made by a person who regularly performs such procurement;

(4) that is not used by any person for any purpose other than a purpose

described in subparagraph (A) or (B) of paragraph (2); and

(5) with respect to which

(A) the consumer who is the subject of the communication

(i) consents orally or in writing to the nature and scope of the

communication, before the collection of any information

for the purpose of making the communication;

(ii) consents orally or in writing to the making of the

communication to a prospective employer, before the

making of the communication; and

(iii) in the case of consent under clause (i) or (ii) given orally, is

provided written confirmation of that consent by the person

making the communication, not later than 3 business days

after the receipt of the consent by that person;

(B) the person who makes the communication does not, for the

purpose of making the communication, make any inquiry that

if made by a prospective employer of the consumer who is the

subject of the communication would violate any applicable

Federal or State equal employment opportunity law or

regulation; and

(C) the person who makes the communication

(i) discloses in writing to the consumer who is the subject of

the communication, not later than 5 business days after

receiving any request from the consumer for such

disclosure, the nature and substance of all information in

the consumer’s file at the time of the request, except that

6

§ 603 - 15 U.S.C. § 1681a

(p)

the sources of any information that is acquired solely for

use in making the communication and is actually used for

no other purpose, need not be disclosed other than under

appropriate discovery procedures in any court of competent

jurisdiction in which an action is brought; and

(ii) notifies the consumer who is the subject of the

communication, in writing, of the consumer’s right to

request the information described in clause (i).

The term “consumer reporting agency that compiles and maintains files

on consumers on a nationwide basis” means a consumer reporting agency

that regularly engages in the practice of assembling or evaluating, and

maintaining, for the purpose of furnishing consumer reports to third

parties bearing on a consumer’s credit worthiness, credit standing, or

credit capacity, each of the following regarding consumers residing

nationwide:

(1) Public record information.

(2) Credit account information from persons who furnish that

information regularly and in the ordinary course of business.

(q)

Definitions relating to fraud alerts.

(1) 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,

United States Code) or is a reservist performing duty under a

call or order to active duty under a provision of law referred to

in section 101(a)(13) of title 10, United States Code; and

(B) is assigned to service away from the usual duty station of the

consumer.

(2) The terms “fraud alert” and “active duty alert” mean a statement in

the file of a consumer that –

(A) notifies all prospective users of a consumer report relating to

the consumer that the consumer may be a victim of fraud,

including identity theft, or is an active duty military consumer,

as applicable; and

(B) is presented in a manner that facilitates a clear and conspicuous

view of the statement described in subparagraph (A) by any

person requesting such consumer report.

7

§ 603 - 15 U.S.C. § 1681a

(3) The term “identity theft” means a fraud committed using the

identifying information of another person, subject to such further

definition as the Bureau may prescribe, by regulation.

See also 12 CFR Part 1022.3(h)

(4) The term “identity theft report” has the meaning given that term by

rule of the Bureau, and means, at a minimum, a report –

See also 12 CFR Part 1022.3(i)

(A) that alleges an identity theft;

(B) that is a copy of an official, valid report filed by a consumer

with an appropriate Federal, State, or local law enforcement

agency, including the United States Postal Inspection Service,

or such other government agency deemed appropriate by the

Bureau; and

(C) the filing of which subjects the person filing the report to

criminal penalties relating to the filing of false information if,

in fact, the information in the report is false.

(5) The term “new credit plan” means a new account under an open end

credit plan (as defined in section 103(i) of the Truth in Lending Act)

or a new credit transaction not under an open end credit plan.

(r)

Credit and Debit Related Terms

(1) 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) The term “credit card” has the same meaning as in section 103 of the

Truth in Lending Act.

(3) The term “debit card” means any card issued by a financial

institution to a consumer for use in initiating an electronic fund

transfer from the account of the consumer at such financial

institution, for the purpose of transferring money between accounts

or obtaining money, property, labor, or services.

(4) The terms “account” and “electronic fund transfer” have the same

meanings as in section 903 of the Electronic Fund Transfer Act.

(5) The terms “credit” and “creditor” have the same meanings as in

section 702 of the Equal Credit Opportunity Act.

(s)

The term “Federal banking agency” has the same meaning as in section 3

of the Federal Deposit Insurance Act.

8

§ 603 - 15 U.S.C. § 1681a

(t)

The term “financial institution” means a State or National bank, a State

or Federal savings and loan association, a mutual savings bank, a State or

Federal credit union, or any other person that, directly or indirectly, holds

a transaction account (as defined in section 19(b) of the Federal Reserve

Act) belonging to a consumer.

(u)

The term “reseller” means a consumer reporting agency that –

(1) assembles and merges information contained in the database of

another consumer reporting agency or multiple consumer reporting

agencies concerning any consumer for purposes of furnishing such

information to any third party, to the extent of such activities; and

(2) does not maintain a database of the assembled or merged information

from which new consumer reports are produced.

(v)

The term “Commission” means the Federal Trade Commission.

(w) The term “Bureau” means the Bureau of Consumer Financial Protection.

(x)

The term “nationwide specialty consumer reporting agency” means a

consumer reporting agency that compiles and maintains files on consumers

on a nationwide basis relating to –

(1) medical records or payments;

(2) residential or tenant history;

(3) check writing history;

(4) employment history; or

(5) insurance claims.

(y)

Exclusion of Certain Communications for Employee Investigations

(1) A communication is described in this subsection if –

(A) but for subsection (d)(2)(D), the communication would be a

consumer report;

(B) the communication is made to an employer in connection with

an investigation of –

(i) suspected misconduct relating to employment; or

(ii) compliance with Federal, State, or local laws and

regulations, the rules of a self-regulatory organization,

or any preexisting written policies of the employer;

(C) the communication is not made for the purpose of investigating

a consumer’s credit worthiness, credit standing, or credit

capacity; and

(D) the communication is not provided to any person except –

(i) to the employer or an agent of the employer;

9

604 - 15 U.S.C. § 1681b

(ii) to any Federal or State officer, agency, or department,

or any officer, agency, or department of a unit of general

local government;

(iii) to any self-regulatory organization with regulatory

authority over the activities of the employer or employee;

(iv) as otherwise required by law; or

(v) pursuant to section 608.

(2) Subsequent disclosure. After taking any adverse action based in

whole or in part on a communication described in paragraph (1), the

employer shall disclose to the consumer a summary containing the

nature and substance of the communication upon which the adverse

action is based, except that the sources of information acquired solely

for use in preparing what would be but for subsection (d)(2)(D) an

investigative consumer report need not be disclosed.

(3) For purposes of this subsection, the term “self-regulatory organization”

includes any self-regulatory organization (as defined in section 3(a)

(26) of the Securities Exchange Act of 1934), any entity established

under title I of the Sarbanes-Oxley Act of 2002, any board of trade

designated by the Commodity Futures Trading Commission, and any

futures association registered with such Commission.

(z)

Veteran. The term ‘veteran’ has the meaning given the term in section 101

of title 38, United States Code.

(aa) Veteran’s medical debt. The term ‘veteran’s medical debt’

(1) means a medical collection debt of a veteran owed to a non-Department

of Veterans Affairs health care provider that was submitted to the

Department for payment for health care authorized by the

Department of Veterans Affairs; and

(2) includes medical collection debt that the Department of Veterans

Affairs has wrongfully charged a veteran.

§ 604. Permissible purposes of consumer reports

[15 U.S.C. § 1681b]

(a)

In general. Subject to subsection (c), any consumer reporting agency may

furnish a consumer report under the following circumstances and no other:

(1) In response to the order of a court having jurisdiction to issue such

an order, a subpoena issued in connection with proceedings before

a Federal grand jury, or a subpoena issued in accordance with

section 5318 of title 31 or section 3486 of title 18.

10

604 - 15 U.S.C. § 1681b

(2) In accordance with the written instructions of the consumer to whom

it relates.

(3) To a person which it has reason to believe

(A) intends to use the information in connection with a credit

transaction involving the consumer on whom the information

is to be furnished and involving the extension of credit to, or

review or collection of an account of, the consumer; or

(B) intends to use the information for employment purposes; or

(C) intends to use the information in connection with the

underwriting of insurance involving the consumer; or

(D) intends to use the information in connection with a determination

of the consumer’s eligibility for a license or other benefit

granted by a governmental instrumentality required by law to

consider an applicant’s financial responsibility or status; or

(E) intends to use the information, as a potential investor or

servicer, or current insurer, in connection with a valuation of,

or an assessment of the credit or prepayment risks associated

with, an existing credit obligation; or

(F) otherwise has a legitimate business need for the information

(i) in connection with a business transaction that is initiated

by the consumer; or

(ii) to review an account to determine whether the consumer

continues to meet the terms of the account.2

(G) executive departments and agencies in connection with the

issuance of government-sponsored individually-billed travel

charge cards.2

(4) In response to a request by the head of a State or local child support

enforcement agency (or a State or local government official

authorized by the head of such an agency), if the person making the

request certifies to the consumer reporting agency that –

(A) the consumer report is needed for the purpose of establishing

an individual’s capacity to make child support payments,

determining the appropriate level of such payments, or enforcing

a child support order, award, agreement, or judgment;

2 As written in the 2007 amendment that added section 604(a)(3)(G). Subsection F(ii) should end with

“; or” instead of a period, and the text of subsection (g) should conform to the style of the rest of section

605(a)(3).

11

604 - 15 U.S.C. § 1681b

(B)

the parentage of the consumer for the child to which the

obligation relates has been established or acknowledged by the

consumer in accordance with State laws under which the

obligation arises (if required by those laws); and

(C) the consumer report will be kept confidential, will be used

solely for a purpose described in subparagraph (A), and will

not be used in connection with any other civil, administrative,

or criminal proceeding, or for any other purpose.

(5) To an agency administering a State plan under section 654 of title 42

for use to set an initial or modified child support award.

(6) To the Federal Deposit Insurance Corporation or the National Credit

Union Administration as part of its preparation for its appointment or

as part of its exercise of powers, as conservator, receiver, or

liquidating agent for an insured depository institution or insured

credit union under the Federal Deposit Insurance Act or the Federal

Credit Union Act, or other applicable Federal or State law, or in

connection with the resolution or liquidation of a failed or failing

insured depository institution or insured credit union, as applicable.

(b)

Conditions for furnishing and using consumer reports for

employment purposes.

(1) Certification from user. A consumer reporting agency may furnish a

consumer report for employment purposes only if

(A) the person who obtains such report from the agency certifies to

the agency that

(i) the person has complied with paragraph (2) with respect

to the consumer report, and the person will comply with

paragraph (3) with respect to the consumer report if

paragraph (3) becomes applicable; and

(ii) information from the consumer report will not be used

in violation of any applicable Federal or State equal

employment opportunity law or regulation; and

(B) the consumer reporting agency provides with the report, or

has previously provided, a summary of the consumer’s rights

under this title, as prescribed by the Bureau under section

609(c)(3) [§ 1681g].

(2) Disclosure to Consumer.

(A) In general. Except as provided in subparagraph (B), a person

may not procure a consumer report, or cause a consumer report

12

604 - 15 U.S.C. § 1681b

to be procured, for employment purposes with respect to any

consumer, unless –

(i) a clear and conspicuous disclosure has been made in

writing to the consumer at any time before the report is

procured or caused to be procured, in a document that

consists solely of the disclosure, that a consumer report

may be obtained for employment purposes; and

(ii) the consumer has authorized in writing (which authorization

may be made on the document referred to in clause (i)) the

procurement of the report by that person.

(B) Application by mail, telephone, computer, or other similar

means. If a consumer described in subparagraph (C) applies

for employment by mail, telephone, computer, or other similar

means, at any time before a consumer report is procured or

caused to be procured in connection with that application –

(i) the person who procures the consumer report on the

consumer for employment purposes shall provide to the

consumer, by oral, written, or electronic means, notice

that a consumer report may be obtained for employment

purposes, and a summary of the consumer’s rights under

section 615(a)(3); and

(ii) the consumer shall have consented, orally, in writing, or

electronically to the procurement of the report by that person.

(C) Scope. Subparagraph (B) shall apply to a person procuring a

consumer report on a consumer in connection with the

consumer’s application for employment only if –

(i) the consumer is applying for a position over which the

Secretary of Transportation has the power to establish

qualifications and maximum hours of service pursuant to

the provisions of section 31502 of title 49, or a

position subject to safety regulation by a State

transportation agency; and

(ii) as of the time at which the person procures the report

or causes the report to be procured the only interaction

between the consumer and the person in connection with

that employment application has been by mail, telephone,

computer, or other similar means.

(3) Conditions on use for adverse actions.

13

604 - 15 U.S.C. § 1681b

(A) In general. Except as provided in subparagraph (B), in using

a consumer report for employment purposes, before taking

any adverse action based in whole or in part on the report, the

person intending to take such adverse action shall provide to the

consumer to whom the report relates –

(i) a copy of the report; and

(ii) a description in writing of the rights of the consumer

under this title, as prescribed by the Bureau under section

609(c)(3).3

(B) Application by mail, telephone, computer, or other similar means.

(i) If a consumer described in subparagraph (C) applies for

employment by mail, telephone, computer, or other

similar means, and if a person who has procured a

consumer report on the consumer for employment

purposes takes adverse action on the employment

application based in whole or in part on the report,

then the person must provide to the consumer to whom

the report relates, in lieu of the notices required under

subparagraph (A) of this section and under section 615(a),

within 3 business days of taking such action, an oral,

written or electronic notification –

(I) that adverse action has been taken based in whole

or in part on a consumer report received from a

consumer reporting agency;

(II) of the name, address and telephone number of

the consumer reporting agency that furnished the

consumer report (including a toll-free telephone

number established by the agency if the agency

compiles and maintains files on consumers on a

nationwide basis);

(III) that the consumer reporting agency did not make the

decision to take the adverse action and is unable to

provide to the consumer the specific reasons why the

adverse action was taken; and

(IV) that the consumer may, upon providing proper

identification, request a free copy of a report and may

dispute with the consumer reporting agency the

accuracy or completeness of any information in a report.

3 The references in Sections 604(b)(3)(A) and 604(b)(3)(B) should be to Section 609(c)(1), not (c)(3) that no

longer exists as the result of Congress’ re-organization of Section 609(c) in 2003 (FACT Act).

14

604 - 15 U.S.C. § 1681b

(ii) If, under clause (B)(i)(IV), the consumer requests a copy

of a consumer report from the person who procured the

report, then, within 3 business days of receiving the

consumer’s request, together with proper identification,

the person must send or provide to the consumer a copy of

a report and a copy of the consumer’s rights as prescribed

by the Bureau under section 609(c)(3).3

(C) Scope. Subparagraph (B) shall apply to a person procuring a

consumer report on a consumer in connection with the

consumer’s application for employment only if –

(i) the consumer is applying for a position over which the

Secretary of Transportation has the power to establish

qualifications and maximum hours of service pursuant to

the provisions of section 31502 of title 49, or a

position subject to safety regulation by a State

transportation agency; and

(ii) as of the time at which the person procures the report

or causes the report to be procured the only interaction

between the consumer and the person in connection with

that employment application has been by mail, telephone,

computer, or other similar means.

(4) Exception for national security investigations.

(A) In general. In the case of an agency or department of the

United States Government which seeks to obtain and use a

consumer report for employment purposes, paragraph (3) shall

not apply to any adverse action by such agency or department

which is based in part on such consumer report, if the head of

such agency or department makes a written finding that –

(i) the consumer report is relevant to a national security

investigation of such agency or department;

(ii) the investigation is within the jurisdiction of such agency

or department;

(iii) there is reason to believe that compliance with paragraph (3)

will –

(I) endanger the life or physical safety of any person;

(II) result in flight from prosecution;

(III) result in the destruction of, or tampering with,

evidence relevant to the investigation;

15

604 - 15 U.S.C. § 1681b

(IV) result in the intimidation of a potential witness

relevant to the investigation;

(V) result in the compromise of classified information; or

(VI) otherwise seriously jeopardize or unduly delay the

investigation or another official proceeding.

(B) Notification of consumer upon conclusion of investigation.

Upon the conclusion of a national security investigation

described in subparagraph (A), or upon the determination that

the exception under subparagraph (A) is no longer required for

the reasons set forth in such subparagraph, the official exercising

the authority in such subparagraph shall provide to the consumer

who is the subject of the consumer report with regard to which

such finding was made –

(i) a copy of such consumer report with any classified

information redacted as necessary;

(ii) notice of any adverse action which is based, in part, on

the consumer report; and

(iii) the identification with reasonable specificity of the nature of

the investigation for which the consumer report was sought.

(C) Delegation by head of agency or department. For purposes of

subparagraphs (A)and (B), the head of any agency or department

of the United States Government may delegate his or her

authorities under this paragraph to an official of such agency or

department who has personnel security responsibilities and is a

member of the Senior Executive Service or equivalent civilian

or military rank.

(D) Definitions. For purposes of this paragraph, the following

definitions shall apply:

(i) Classified information. The term “classified information”

means information that is protected from unauthorized

disclosure under Executive Order No. 12958 or successor

orders.

(ii) National security investigation. The term “national security

investigation” means any official inquiry by an agency or

department of the United States Government to determine

the eligibility of a consumer to receive access or continued

access to classified information or to determine whether

classified information has been lost or compromised.

16

604 - 15 U.S.C. § 1681b

(c)

Furnishing reports in connection with credit or insurance transactions that

are not initiated by the consumer.

(1) In general. A consumer reporting agency may furnish a consumer

report relating to any consumer pursuant to subparagraph (A) or (C)

of subsection (a)(3) in connection with any credit or insurance

transaction that is not initiated by the consumer only if

(A) the consumer authorizes the agency to provide such report to

such person; or

(B) (i) the transaction consists of a firm offer of credit or insurance;

(ii) the consumer reporting agency has complied with

subsection (e);

(iii) there is not in effect an election by the consumer, made

in accordance with subsection (e), to have the consumer’s

name and address excluded from lists of names provided

by the agency pursuant to this paragraph; and

(iv) the consumer report does not contain a date of birth that

shows that the consumer has not attained the age of 21,

or, if the date of birth on the consumer report shows that

the consumer has not attained the age of 21, such

consumer consents to the consumer reporting agency to

such furnishing.

(2) Limits on information received under paragraph (1)(B). A person

may receive pursuant to paragraph (1)(B) only

(A) the name and address of a consumer;

(B) an identifier that is not unique to the consumer and that is used

by the person solely for the purpose of verifying the identity of

the consumer; and

(C) other information pertaining to a consumer that does not identify

the relationship or experience of the consumer with respect to a

particular creditor or other entity.

(3) Information regarding inquiries. Except as provided in section 609(a)

(5) [§ 1681g], a consumer reporting agency shall not furnish to any

person a record of inquiries in connection with a credit or

insurance transaction that is not initiated by a consumer.

(4)

Treatment of prescreening report requests

(A) Definitions. In this paragraph:

17

604 - 15 U.S.C. § 1681b

(i)

(B)

Credit union. The term “credit union” means a Federal

credit union or a State credit union, as those terms are

defined, respectively, in section 101 of the Federal Credit

Union Act (12 U.S.C. 1752).

(ii) Insured depository institution. The term “insured depository

institution” has the meaning given the term in section 3 of

the Federal Deposit Insurance Act (12 U.S.C. 1813(c)).

(iii) Residential mortgage loan. The term “residential mortgage

loan” has the meaning given the term in section 5102 of

title 12.

(iv) Servicer. The term “servicer” has the meaning given the

term in section 2605(i) of title 12.

Limitation. If a person requests a consumer report from

a consumer reporting agency in connection with a credit

transaction involving a residential mortgage loan, that agency

may not, based in whole or in part on that request, furnish a

consumer report to another person under this subsection unless(i) the transaction consists of a firm offer of credit or

insurance; and

(ii) that other person(I) has submitted documentation to that agency

certifying that such other person has, pursuant to

paragraph (1)(A), the authorization of the consumer

to whom the consumer report relates; or

(II) (aa) has originated a current residential mortgage

loan of the consumer to whom the consumer report

relates;

(bb) is the servicer of a current residential mortgage

loan of the consumer to whom the consumer report

relates; or

(cc) (AA) is an insured depository institution or

credit union; and

(BB) holds a current account for the consumer

to whom the consumer report relates.

(d)

Reserved.

(e)

Election of consumer to be excluded from lists.

(1) In general. A consumer may elect to have the consumer’s name and

address excluded from any list provided by a consumer reporting

18

604 - 15 U.S.C. § 1681b

agency under subsection (c)(1)(B) in connection with a credit or

insurance transaction that is not initiated by the consumer, by

notifying the agency in accordance with paragraph (2) that the

consumer does not consent to any use of a consumer report relating

to the consumer in connection with any credit or insurance

transaction that is not initiated by the consumer.

(2) Manner of notification. A consumer shall notify a consumer

reporting agency under paragraph (1)

(A) through the notification system maintained by the agency under

paragraph (5); or

(B) by submitting to the agency a signed notice of election form

issued by the agency for purposes of this subparagraph.

(3) Response of agency after notification through system. Upon receipt

of notification of the election of a consumer under paragraph (1)

through the notification system maintained by the agency under

paragraph (5), a consumer reporting agency shall

(A) inform the consumer that the election is effective only for the

5-year period following the election if the consumer does not

submit to the agency a signed notice of election form issued by

the agency for purposes of paragraph (2)(B); and

(B) provide to the consumer a notice of election form, if requested

by the consumer, not later than 5 business days after receipt of

the notification of the election through the system established

under paragraph (5), in the case of a request made at the time

the consumer provides notification through the system.

(4) Effectiveness of election. An election of a consumer under

paragraph (1)

(A) shall be effective with respect to a consumer reporting agency

beginning 5 business days after the date on which the consumer

notifies the agency in accordance with paragraph (2);

(B) shall be effective with respect to a consumer reporting agency

(i) subject to subparagraph (C), during the 5-year period

beginning 5 business days after the date on which the

consumer notifies the agency of the election, in the case of

an election for which a consumer notifies the agency only

in accordance with paragraph (2)(A); or

(ii) until the consumer notifies the agency under subparagraph

(C), in the case of an election for which a consumer

notifies the agency in accordance with paragraph (2)(B);

19

604 - 15 U.S.C. § 1681b

(C)

shall not be effective after the date on which the consumer

notifies the agency, through the notification system established

by the agency under paragraph (5), that the election is no

longer effective; and

(D) shall be effective with respect to each affiliate of the agency.

(5) Notification System

(A) In general. Each consumer reporting agency that, under

subsection (c)(1)(B), furnishes a consumer report in connection

with a credit or insurance transaction that is not initiated by a

consumer, shall

(i) establish and maintain a notification system, including a

toll-free telephone number, which permits any consumer

whose consumer report is maintained by the agency to

notify the agency, with appropriate identification, of the

consumer’s election to have the consumer’s name and

address excluded from any such list of names and addresses

provided by the agency for such a transaction; and

(ii) publish by not later than 365 days after the date of enactment

of the Consumer Credit Reporting Reform Act of 1996,

and not less than annually thereafter, in a publication of

general circulation in the area served by the agency

(I) a notification that information in consumer files

maintained by the agency may be used in connection

with such transactions; and

(II) the address and toll-free telephone number for

consumers to use to notify the agency of the

consumer’s election under clause (I).

(B) Establishment and maintenance as compliance. Establishment

and maintenance of a notification system (including a toll-free

telephone number) and publication by a consumer reporting

agency on the agency’s own behalf and on behalf of any of its

affiliates in accordance with this paragraph is deemed to be

compliance with this paragraph by each of those affiliates.

(6) Notification system by agencies that operate nationwide. Each

consumer reporting agency that compiles and maintains files on

consumers on a nationwide basis shall establish and maintain a

notification system for purposes of paragraph (5) jointly with other

such consumer reporting agencies.

20

604 - 15 U.S.C. § 1681b

(f)

Certain use or obtaining of information prohibited. A person shall not use

or obtain a consumer report for any purpose unless

(1) the consumer report is obtained for a purpose for which the consumer

report is authorized to be furnished under this section; and

(2) the purpose is certified in accordance with section 607 [§ 1681e]

by a prospective user of the report through a general or specific

certification.

(g)

Protection of Medical Information

(1) Limitation on consumer reporting agencies. A consumer reporting

agency shall not furnish for employment purposes, or in connection

with a credit or insurance transaction, a consumer report that contains

medical information (other than medical contact information treated

in the manner required under section 605(a)(6)) about a consumer,

unless –

(A) if furnished in connection with an insurance transaction, the

consumer affirmatively consents to the furnishing of the report;

(B) if furnished for employment purposes or in connection with a

credit transaction –

(i) the information to be furnished is relevant to process or

effect the employment or credit transaction; and

(ii) the consumer provides specific written consent for the

furnishing of the report that describes in clear and

conspicuous language the use for which the information

will be furnished; or

(C) the information to be furnished pertains solely to transactions,

accounts, or balances relating to debts arising from the receipt

of medical services, products, or devises, where such

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 provided in

section 605(a)(6).

(2) Limitation on creditors. Except as permitted pursuant to paragraph

(3)(C) or regulations prescribed under paragraph (5)(A), a creditor

shall not obtain or use medical information (other than medical

information treated in the manner required under section 605(a)(6))

pertaining to a consumer in connection with any determination of the

consumer’s eligibility, or continued eligibility, for credit.

21

604 - 15 U.S.C. § 1681b

(3) Actions authorized by federal law, insurance activities and regulatory

determinations. Section 603(d)(3) shall not be construed so as to treat

information or any communication of information as a consumer

report if the information or communication is disclosed –

(A) in connection with the business of insurance or annuities,

including the activities described in section 18B of the model

Privacy of Consumer Financial and Health Information

Regulation issued by the National Association of Insurance

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

(B) for any purpose permitted without authorization under the

Standards for Individually Identifiable Health Information

promulgated by the Department of Health and Human Services

pursuant to the Health Insurance Portability and Accountability

Act of 1996, or referred to under section 1179 of such Act, or

described in section 502(e) of Public Law 106-102; or

(C) as otherwise determined to be necessary and appropriate, by

regulation or order, by the Bureau or the applicable State

insurance authority (with respect to any person engaged in

providing insurance or annuities).

(4) Limitation on redisclosure of medical information. Any person that

receives medical information pursuant to paragraph (1) or (3) shall

not disclose such information to any other person, except as necessary

to carry out the purpose for which the information was initially

disclosed, or as otherwise permitted by statute, regulation, or order.

(5) Regulations and Effective Date for Paragraph (2)

(A)4 Regulations required. The Bureau may, after notice and

opportunity for comment, prescribe regulations that permit

transactions under paragraph (2) that are determined to be

necessary and appropriate to protect legitimate operational,

transactional, risk, consumer, and other needs (and which shall

include permitting actions necessary for administrative verification

purposes), consistent with the intent of paragraph (2) to restrict the

use of medical information for inappropriate purposes.

See also 12 CFR Parts 41/222/232/334/571/717, 70 Fed. Reg. 70664 (11/22/05)

4 As written in section 1088(a)(4)(B) of the CFPA in 2010. The previous version of section 604(b)(5),

added in 2003 by the FACT Act, contained two subsections (A) and (B). The latter stated that the rules

required to be prescribed by the Federal financial agencies (not including the Commission) be finalized

by June 4, 2004.

22

§ 605 - 15 U.S.C. § 1681c

(6) Coordination with other laws. No provision of this subsection shall

be construed as altering, affecting, or superseding the applicability of

any other provision of Federal law relating to medical confidentiality.

§ 605. Requirements relating to information contained in

consumer reports [15 U.S.C. § 1681c]

(a)

Information excluded from consumer reports. Except as authorized under

subsection (b) of this section, no consumer reporting agency may make

any consumer report containing any of the following items of information:

(1) Cases under title 11 [United States Code] or under the Bankruptcy

Act that, from the date of entry of the order for relief or the date

of adjudication, as the case may be, antedate the report by more

than 10 years.

(2) Civil suits, civil judgments, and records of arrest that from date of entry,

antedate the report by more than seven years or until the governing

statute of limitations has expired, whichever is the longer period.

(3) Paid tax liens which, from date of payment, antedate the report by

more than seven years.

(4) Accounts placed for collection or charged to profit and loss which

antedate the report by more than seven years.5

(5) Any other adverse item of information, other than records of

convictions of crimes which antedates the report by more than

seven years.5

(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 number are restricted or

reported using codes that do not identify, or provide information

sufficient to infer, the specific provider or the nature of such

services, products, or devices to a person other than the

consumer; or

(B) the report is being provided to an insurance company for a

purpose relating to engaging in the business of insurance other

than property and casualty insurance.

5 The reporting periods have been lengthened for certain adverse information pertaining to U.S. Government

insured or guaranteed student loans, or pertaining to national direct student loans. See sections 430A(f) and

463(c)(3) of the Higher Education Act of 1965, 20 U.S.C. 1080a(f) and 20 U.S.C. 1087cc(c)(3), respectively.

23

§ 605 - 15 U.S.C. § 1681c

(7) With respect to a consumer reporting agency described in section

603(p), any information related to a veteran’s medical debt if the

date on which the hospital care, medical services, or extended care

services was rendered relating to the debt antedates the report by less

than 1 year if the consumer reporting agency has actual knowledge

that the information is related to a veteran’s medical debt and the

consumer reporting agency is in compliance with its obligation under

section 302(c)(5) of the Economic Growth, Regulatory Relief, and

Consumer Protection Act.

(8) With respect to a consumer reporting agency described in section

603(p), any information related to a fully paid or settled veteran’s

medical debt that had been characterized as delinquent, charged

off, or in collection if the consumer reporting agency has actual

knowledge that the information is related to a veteran’s medical

debt and the consumer reporting agency is in compliance with

its obligation under section 302(c)(5) of the Economic Growth,

Regulatory Relief, and Consumer Protection Act.

(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 principal amount of $150,000 or more;

(2) the underwriting of life insurance involving, or which may

reasonably be expected to involve, a face amount of $150,000 or

more; or

(3) the employment of any individual at an annual salary which equals,

or which may reasonably be expected to equal $75,000, or more.

(c)

Running of Reporting Period

(1) In general. The 7-year period referred to in paragraphs (4) and (6)6

of subsection (a) shall begin, with respect to any delinquent account

that is placed for collection (internally or by referral to a third party,

whichever is earlier), charged to profit and loss, or subjected to any

similar action, upon the expiration of the 180-day period beginning

on the date of the commencement of the delinquency which

immediately preceded the collection activity, charge to profit and

loss, or similar action.

6 This provision, added in September 1996, should read “paragraphs (4) and (5)....” Prior Section 605(a)

(6) was amended and re-designated as Section 605(a)(5) in November 1998. The current Section 605(a)(6),

added in December 2003 and now containing no reference to any 7-year period, is obviously inapplicable.

24

§ 605 - 15 U.S.C. § 1681c

(2) Effective date. Paragraph (1) shall apply only to items of information

added to the file of a consumer on or after the date that is 455 days

after the date of enactment of the Consumer Credit Reporting Reform

Act of 1996.

(d)

Information Required to be Disclosed

(1) Title 11 information. Any consumer reporting agency that furnishes a

consumer report that contains information regarding any case

involving the consumer that arises under title 11, United States Code,

shall include in the report an identification of the chapter of such title

11 under which such case arises if provided by the source of the

information. If any case arising or filed under title 11, United States

Code, is withdrawn by the consumer before a final judgment, the

consumer reporting agency shall include in the report that such case

or filing was withdrawn upon receipt of documentation certifying

such withdrawal.

(2) Key factor in credit score information. Any consumer reporting

agency that furnishes a consumer report that contains any credit score

or any other risk score or predictor on any consumer shall include

in the report a clear and conspicuous statement that a key factor

(as defined in section 609(f)(2)(B)) that adversely affected such score

or predictor was the number of enquiries, if such a predictor was in

fact a key factor that adversely affected such score. This paragraph

shall not apply to a check services company, acting as such, which

issues authorizations for the purpose of approving or processing

negotiable instruments, electronic fund transfers, or similar methods

of 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 pursuant to section 623(a)(4) [§ 1681s-2] that a credit

account of a consumer was voluntarily closed by the consumer, the agency

shall indicate that fact in any consumer report that includes information

related to the account.

(f)

Indication of dispute by consumer. If a consumer reporting agency is

notified pursuant to section 623(a)(3) [§ 1681s-2] that information

regarding a consumer who was furnished to the agency is disputed by the

consumer, the agency shall indicate that fact in each consumer report that

includes the disputed information.

(g)

Truncation of Credit Card and Debit Card Numbers

25

§ 605 - 15 U.S.C. § 1681c

(1) In general. Except as otherwise provided in this subsection, no

person that accepts credit cards or debit cards for the transaction of

business shall print more than the last 5 digits of the card number or

the expiration date upon any receipt provided to the cardholder at the

point of the sale or transaction.

(2) Limitation. This subsection shall apply only to receipts that are

electronically printed, and shall not apply to transactions in which the

sole means of recording a credit card or debit card account number is

by handwriting or by an imprint or copy of the card.

(3) Effective date. This subsection shall become effective –

(A) 3 years after the date of enactment of this subsection, with

respect to any cash register or other machine or device that

electronically prints receipts for credit card or debit card

transactions that is in use before January 1, 2005; and

(B)

(h)

1 year after the date of enactment of this subsection, with respect

to any cash register or other machine or device that electronically

prints receipts for credit card or debit card transactions that is

first put into use on or after January 1, 2005.

Notice of Discrepancy in Address

(1) In general. If a person has requested a consumer report relating to

a consumer from a consumer reporting agency described in section

603(p), the request includes an address for the consumer that

substantially differs from the addresses in the file of the consumer,

and the agency provides a consumer report in response to the request,

the consumer reporting agency shall notify the requester of the

existence of the discrepancy.

See also 12 CFR Part 1022.82, 16 CFR Part 641,

72 Fed. Reg. 63771-72 (11/09/07),

74 Fed. Reg. 22640-41 (05/14/09),

86 Fed. Reg. 51817-19 (09/17/21)

(2) Regulations

(A) Regulations required. The Bureau shall, in consultation with

the Federal banking agencies, the National Credit Union

Administration, and the Federal Trade Commission, prescribe

regulations providing guidance regarding reasonable policies

and procedures that a user of a consumer report should employ

when such user has received a notice of discrepancy under

paragraph (1).

26

§ 605A - 15 U.S.C. § 1681c-1

(B)

Policies and procedures to be included. The regulations

prescribed under subparagraph (A) shall describe reasonable

policies and procedures for use by a user of a consumer report –

(i) to form a reasonable belief that the user knows the identity

of the person to whom the consumer report pertains; and

(ii) if the user establishes a continuing relationship with the

consumer, and the user regularly and in the ordinary course

of business furnishes information to the consumer reporting

agency from which the notice of discrepancy pertaining to

the consumer was obtained, to reconcile the address of the

consumer with the consumer reporting agency by furnishing

such address to such consumer reporting agency as part of

information regularly furnished by the user for the period in

which the relationship is established.

§ 605A. Identity theft prevention; fraud alerts and active duty

alerts [15 U.S.C. § 1681c-1]

(a)

One-call Fraud Alerts

(1) Initial alerts. Upon the direct request of a consumer, or an 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 consumer reporting agency described in section 603(p) that

maintains a file on the consumer and has received appropriate proof

of the identity of the requester shall –

(A) include a fraud alert in the file of that consumer, and also

provide that alert along with any credit score generated in using

that file, for a period of not less than 1 year, beginning on the

date of such request, unless the consumer or such representative

requests that such fraud alert be removed before the end of such

period, and the agency has received appropriate proof of the

identity of the requester for such purpose; and

(B) refer the information regarding the fraud alert under this

paragraph to each of the other consumer reporting agencies

described in section 603(p), in accordance with procedures

developed under section 621(f).

(2) Access to free reports. In any case in which a consumer reporting

agency includes a fraud alert in the file of a consumer pursuant to this

subsection, the consumer reporting agency shall –

27

§ 605A - 15 U.S.C. § 1681c-1

(b)

(A) disclose to the consumer that the consumer may request a free

copy of the file of the consumer pursuant to section 612(d); and

(B) provide to the consumer all disclosures required to be made

under section 609, without charge to the consumer, not later

than 3 business days after any request described in

subparagraph (A).

Extended Alerts

(1) In general. Upon the direct request of a consumer, or an individual

acting on behalf of or as a personal representative of a consumer,

who submits an identity theft report to a consumer reporting agency

described in section 603(p) that maintains a file on the consumer,

if the agency has received appropriate proof of the identity of the

requester, the agency shall –

(A) include a fraud alert in the file of that consumer, and also

provide that alert along with any credit score generated in using

that file, during the 7-year period beginning on the date of such

request, unless the consumer or such representative requests

that such fraud alert be removed before the end of such period

and the agency has received appropriate proof of the identity of

the requester for such purpose;

(B) during the 5-year period beginning on the date of such request,

exclude the consumer from any list of consumers prepared by

the consumer reporting agency and provided to any third party

to offer credit or insurance to the consumer as part of a

transaction that was not initiated by the consumer, unless the

consumer or such representative requests that such exclusion be

rescinded before the end of such period; and

(C) refer the information regarding the extended fraud alert under

this paragraph to each of the other consumer reporting agencies

described in section 603(p), in accordance with procedures

developed under section 621(f).

(2) Access to free reports. In any case in which a consumer reporting

agency includes a fraud alert in the file of a consumer pursuant to this

subsection, the consumer reporting agency shall –

(A) disclose to the consumer that the consumer may request 2 free

copies of the file of the consumer pursuant to section 612(d)

during the 12-month period beginning on the date on which the

fraud alert was included in the file; and

28

§ 605A - 15 U.S.C. § 1681c-1

(B)

(c)

provide to the consumer all disclosures required to be made

under section 609, without charge to the consumer, not later

than 3 business days after any request described in

subparagraph (A).

Active duty alerts. Upon the direct request of an active duty military

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 603(p) 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 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 consumer, unless the

consumer requests that such exclusion be rescinded before the end of

such period; and

(3) refer the information regarding the active duty alert to each of the

other consumer reporting agencies described in section 603(p), in

accordance with procedures developed under section 621(f).

See also 12 CFR Part 1022.121

(d)

Procedures. Each consumer reporting agency described in section 603(p)

shall establish policies 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

applicable) in a simple and easy manner, including by telephone.

(e)

Referrals of alerts. Each consumer reporting agency described in section

603(p) that receives a referral of a fraud alert or active duty alert from

another consumer reporting agency pursuant to this section shall, as

29

§ 605A - 15 U.S.C. § 1681c-1

though the agency received the request from the consumer directly, follow

the procedures required under –

(1) paragraphs (1)(A) and (2) of subsection (a), in the case of a referral

under subsection (a)(1)(B);

(2) paragraphs (1)(A), (1)(B), and (2) of subsection (b), in the case of a

referral under subsection (b)(1)(C); and

(3) paragraphs (1) and (2) of subsection (c), in the case of a referral

under subsection (c)(3).

(f)

Duty of reseller to reconvey alert. A reseller shall include in its report any

fraud alert or active duty alert placed in the file of a consumer

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 reporting agency that is not

described in section 603(p) to communicate a suspicion that the consumer

has been or is about to become a victim of fraud or related crime,

including identity theft, the agency shall provide information to the

consumer on how to contact the Bureau and the consumer reporting

agencies described in section 603(p) to obtain more detailed information

and request alerts under this section.

(h)

Limitations on Use of Information for Credit Extensions

(1) Requirements for initial and active duty alerts

(A) Notification. Each initial fraud alert and active duty alert

under this section shall include information that notifies all

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 103(i)), in the name of the consumer, or issuance of

an additional card on an existing credit account requested by a

consumer, or any

increase in credit limit on an existing credit account requested

by a consumer, except in accordance with subparagraph (B).

(B) Limitation on Users

(i) In general. No prospective user of a consumer report that

includes an initial fraud alert or an active duty alert in

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 103(i)), in the name of

the consumer, or issue an additional card on an existing

30

§ 605A - 15 U.S.C. § 1681c-1

credit account requested by a consumer, or grant any

increase in credit limit on an existing credit account

requested by a consumer, unless the user utilizes reasonable

policies and procedures to form a reasonable belief that

the user knows the identity of the person making the request.

(ii) Verification. If a consumer requesting the alert has

specified a telephone number to be used for identity

verification purposes, before authorizing 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

confirm 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 relating to a consumer with –

(i) notification that the consumer does not authorize the

establishment of any new credit plan or extension of credit

described in clause (i), other than under an open-end

credit plan (as defined in section 103(i)), in the name of

the consumer, or issuance of an additional card on an

existing credit account requested by a consumer, or any

increase in credit limit on an existing credit account

requested by a consumer, except in accordance with

subparagraph (B); and

(ii) a telephone number or other reasonable contact method

designated by the consumer.

(B) Limitation on users. No prospective user of a consumer report

or of a credit score generated using the information in the file

of a consumer that includes an extended fraud alert in

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 103(i)), in the name of the consumer, or

issue an additional card on an existing credit account requested

by a consumer, or any increase in credit limit on an existing

credit account requested by a consumer, unless the user

contacts the consumer in person or using the contact method

described in subparagraph (A)(ii) to confirm that the application

31

§ 605A - 15 U.S.C. § 1681c-1

(i)

for a new credit plan or increase in credit limit, or request for

an additional card is not the result of identity theft.

National security freeze.

(1) Definitions. For purposes of this subsection:

(A) The term “consumer reporting agency” means a consumer

reporting agency described in section 603(p).

(B) The term “proper identification” has the meaning of such term

as used under section 610.

(C) The term “security freeze” means a restriction that prohibits

a consumer reporting agency from disclosing the contents of a

consumer report that is subject to such security freeze to any

person requesting the consumer report.

(2) Placement of security freeze.

(A) In general. Upon receiving a direct request from a consumer

that a consumer reporting agency place a security freeze, and

upon receiving proper identification from the consumer, the

consumer reporting agency shall, free of charge, place the

security freeze not later than –

(i) in the case of a request that is by toll-free telephone or

secure electronic means, 1 business day after receiving the

request directly from the consumer; or

(ii) in the case of a request that is by mail, 3 business days

after receiving the request directly from the consumer.

(B) Confirmation and additional information.

Not later than 5 business days after placing a security freeze

under subparagraph (A), a consumer reporting agency shall –

(i) send confirmation of the placement to the consumer; and

(ii) inform the consumer of –

(I) the process by which the consumer may remove the

security freeze, including a mechanism to authenticate

the consumer; and

(II) the consumer’s right described in section 615(d)(1)(D).

(C) Notice to third parties. A consumer reporting agency may

advise a third party that a security freeze has been placed with

respect to a consumer under subparagraph (A).

(3) Removal of security freeze.

32

§ 605A - 15 U.S.C. § 1681c-1

(A) In general. A consumer reporting agency shall remove a

security freeze placed on the consumer report of a consumer

only in the following cases:

(i) Upon the direct request of the consumer.

(ii) The security freeze was placed due to a material

misrepresentation of fact by the consumer.

(B) Notice if removal not by request. If a consumer reporting

agency removes a security freeze under subparagraph (A)(ii),

the consumer reporting agency shall notify the consumer in

writing prior to removing the security freeze.

(C) Removal of security freeze by consumer request. Except as

provided in subparagraph (A)(ii), a security freeze shall remain

in place until the consumer directly requests that the security

freeze be removed. Upon receiving a direct request from a

consumer that a consumer reporting agency remove a security

freeze, and upon receiving proper identification from the

consumer, the consumer reporting agency shall, free of charge,

remove the security freeze not later than –

(i) in the case of a request that is by toll-free telephone or

secure electronic means, 1 hour after receiving the request

for removal; or

(ii) in the case of a request that is by mail, 3 business days

after receiving the request for removal.

(D) Third-party requests. If a third party requests access to a

consumer report of a consumer with respect to which a security

freeze is in effect, where such request is in connection with an

application for credit, and the consumer does not allow such

consumer report to be accessed, the third party may treat the

application as incomplete.

(E) Temporary removal of security freeze. Upon receiving a direct

request from a consumer under subparagraph (A)(i), if the

consumer requests a temporary removal of a security freeze,

the consumer reporting agency shall, in accordance with

subparagraph (C), remove the security freeze for the period of

time specified by the consumer.

(4) Exceptions. A security freeze shall not apply to the making of a

consumer report for use of the following:

(A) A person or entity, or a subsidiary, affiliate, or agent of that

person or entity, or an assignee of a financial obligation owed

33

§ 605A - 15 U.S.C. § 1681c-1

by the consumer to that person or entity, or a prospective

assignee of a financial obligation owed by the consumer to that

person or entity in conjunction with the proposed purchase of

the financial obligation, with which the consumer has or had

prior to assignment an account or contract including a demand

deposit account, or to whom the consumer issued a negotiable

instrument, for the purposes of reviewing the account or

collecting the financial obligation owed for the account,

contract, or negotiable instrument. For purposes of this

subparagraph, ‘reviewing the account’ includes activities related

to account maintenance, monitoring, credit line increases, and

account upgrades and enhancements.

(B) Any Federal, State, or local agency, law enforcement agency,

trial court, or private collection agency acting pursuant to a

court order, warrant, or subpoena.

(C) A child support agency acting pursuant to part D of title IV of

the Social Security Act (42 U.S.C. 651 et seq.).

(D) A Federal agency or a State or its agents or assigns acting to

investigate fraud or acting to investigate or collect delinquent

taxes or unpaid court orders or to fulfill any of its other

statutory responsibilities, provided such responsibilities are

consistent with a permissible purpose under section 604.

(E) By a person using credit information for the purposes described

under section 604(c).

(F) Any person or entity administering a credit file monitoring

subscription or similar service to which the consumer has

subscribed.

(G) Any person or entity for the purpose of providing a consumer

with a copy of the consumer’s consumer report or credit score,

upon the request of the consumer.

(H) Any person using the information in connection with the

underwriting of insurance.

(I) Any person using the information for employment, tenant, or

background screening purposes.

(J) Any person using the information for assessing, verifying, or

authenticating a consumer’s identity for purposes other than the

granting of credit, or for investigating or preventing actual or

potential fraud.

34

§ 605A - 15 U.S.C. § 1681c-1

(5) Notice of rights. At any time a consumer is required to receive a

summary of rights required under section 609, the following notice

shall be included:

“Consumers Have The Right To Obtain A Security Freeze

“You have a right to place a ‘security freeze’ on your credit report,

which will prohibit a consumer reporting agency from releasing

information in your credit report without your express authorization.

The security freeze is designed to prevent credit, loans, and services

from being approved in your name without your consent. However,

you should be aware that using a security freeze to take control over

who gets access to the personal and financial information in your

credit report may delay, interfere with, or prohibit the timely

approval of any subsequent request or application you make

regarding a new loan, credit, mortgage, or any other account

involving the extension of credit.

“As an alternative to a security freeze, you have the right to place an

initial or extended fraud alert on your credit file at no cost. An initial

fraud alert is a 1-year alert that is placed on a consumer’s credit file.

Upon seeing a fraud alert display on a consumer’s credit file, a business

is required to take steps to verify the consumer’s identity before

extending new credit. If you are a victim of identity theft, you are

entitled to an extended fraud alert, which is a fraud alert lasting 7 years.

“A security freeze does not apply to a person or entity, or its

affiliates, or collection agencies acting on behalf of the person or

entity, with which you have an existing account that requests

information in your credit report for the purposes of reviewing or

collecting the account. Reviewing the account includes activities

related to account maintenance, monitoring, credit line increases,

and account upgrades and enhancements.”

(6) Webpage.

(A) Consumer reporting agencies. A consumer reporting agency

shall establish a webpage that –

(i) allows a consumer to request a security freeze;

(ii) allows a consumer to request an initial fraud alert;

(iii) allows a consumer to request an extended fraud alert;

(iv) allows a consumer to request an active duty fraud alert;

35

§ 605A - 15 U.S.C. § 1681c-1

(v)

(j)

allows a consumer to opt-out of the use of information in

a consumer report to send the consumer a solicitation of

credit or insurance, in accordance with section 615(d); and

(vi) shall not be the only mechanism by which a consumer

may request a security freeze.

(B) FTC. The Federal Trade Commission shall establish a single

webpage that includes a link to each webpage established under

subparagraph (A) within the Federal Trade Commission’s

website www.IdentityTheft.gov, or a successor website.

National protection for files and credit records of protected consumers.

(1) Definitions. As used in this subsection:

(A) The term “consumer reporting agency” means a consumer

reporting agency described in section 603(p).

(B) The term “protected consumer” means an individual who is –

(i) under the age of 16 years at the time a request for the

placement of a security freeze is made; or

(ii) an incapacitated person or a protected person for whom a

guardian or conservator has been appointed.

(C) The term “protected consumer’s representative” means a

person who provides to a consumer reporting agency sufficient

proof of authority to act on behalf of a protected consumer.

(D) The term “record” means a compilation of information that –

(i) identifies a protected consumer;

(ii) is created by a consumer reporting agency solely for the

purpose of complying with this subsection; and

(iii) may not be created or used to consider the protected

consumer’s credit worthiness, credit standing, credit

capacity, character, general reputation, personal

characteristics, or mode of living.

(E) The term “security freeze” means a restriction that prohibits

a consumer reporting agency from disclosing the contents of a

consumer report that is the subject of such security freeze or,

in the case of a protected consumer for whom the consumer

reporting agency does not have a file, a record that is subject

to such security freeze to any person requesting the consumer

report for the purpose of opening a new account involving the

extension of credit.

36

§ 605A - 15 U.S.C. § 1681c-1

(F)

The term “sufficient proof of authority” means documentation

that shows a protected consumer’s representative has authority

to act on behalf of a protected consumer and includes –

(i) an order issued by a court of law;

(ii) a lawfully executed and valid power of attorney;

(iii) a document issued by a Federal, State, or local

government agency in the United States showing proof of

parentage, including a birth certificate; or

(iv) with respect to a protected consumer who has been placed

in a foster care setting, a written communication from a

county welfare department or its agent or designee, or

a county probation department or its agent or designee,

certifying that the protected consumer is in a foster care

setting under its jurisdiction.

(G) The term “sufficient proof of identification”- means information

or documentation that identifies a protected consumer and a

protected consumer’s representative and includes –

(i) a social security number or a copy of a social security

card issued by the Social Security Administration;

(ii) a certified or official copy of a birth certificate issued by

the entity authorized to issue the birth certificate; or

(iii) a copy of a driver’s license, an identification card issued

by the motor vehicle administration, or any other

government issued identification.

(2) Placement of security freeze for a protected consumer.

(A) In general. Upon receiving a direct request from a protected

consumer’s representative that a consumer reporting agency

place a security freeze, and upon receiving sufficient proof of

identification and sufficient proof of authority, the consumer

reporting agency shall, free of charge, place the security freeze

not later than –

(i) in the case of a request that is by toll-free telephone or

secure electronic means, 1 business day after receiving

the request directly from the protected consumer’s

representative; or

(ii) in the case of a request that is by mail, 3 business days

after receiving the request directly from the protected

consumer’s representative.

(B) Confirmation and additional information.

37

§ 605A - 15 U.S.C. § 1681c-1

Not later than 5 business days after placing a security freeze

under subparagraph (A), a consumer reporting agency shall –

(i) send confirmation of the placement to the protected

consumer’s representative; and

(ii) inform the protected consumer’s representative of the

process by which the protected consumer may remove the

security freeze, including a mechanism to authenticate the

protected consumer’s representative.

(C) Creation of file. If a consumer reporting agency does not have

a file pertaining to a protected consumer when the consumer

reporting agency receives a direct request under subparagraph

(A), the consumer reporting agency shall create a record for the

protected consumer.

(3) Prohibition on release of record or file of protected consumer. After

a security freeze has been placed under paragraph (2)(A), and unless

the security freeze is removed in accordance with this subsection, a

consumer reporting agency may not release the protected consumer’s

consumer report, any information derived from the protected consumer’s

consumer report, or any record created for the protected consumer.

(4) Removal of a protected consumer security freeze.

(A) In general. A consumer reporting agency shall remove a

security freeze placed on the consumer report of a protected

consumer only in the following cases:

(i) Upon the direct request of the protected consumer’s

representative.

(ii) Upon the direct request of the protected consumer, if the

protected consumer is not under the age of 16 years at the

time of the request.

(iii) The security freeze was placed due to a material

misrepresentation of fact by the protected consumer’s

representative.

(B) Notice if removal not by request. If a consumer reporting

agency removes a security freeze under subparagraph (A)(iii),

the consumer reporting agency shall notify the protected

consumer’s representative in writing prior to removing the

security freeze.

(C) Removal of freeze by request. Except as provided in

subparagraph (A)(iii), a security freeze shall remain in place

until a protected consumer’s representative or protected

38

§ 605B - 15 U.S.C. § 1681c-2

(k)

consumer described in subparagraph (A)(ii) directly requests

that the security freeze be removed. Upon receiving a direct

request from the protected consumer’s representative or

protected consumer described in subparagraph (A)(ii) that a

consumer reporting agency remove a security freeze, and upon

receiving sufficient proof of identification and sufficient proof

of authority, the consumer reporting agency shall, free of

charge, remove the security freeze not later than –

(i) in the case of a request that is by toll-free telephone or

secure electronic means, 1 hour after receiving the request

for removal; or

(ii) in the case of a request that is by mail, 3 business days

after receiving the request for removal.

(D) Temporary removal of security freeze. Upon receiving a direct

request from a protected consumer or a protected consumer’s

representative under subparagraph (A)(i), if the protected

consumer or protected consumer’s representative requests a

temporary removal of a security freeze, the consumer reporting

agency shall, in accordance with subparagraph (C), remove the

security freeze for the period of time specified by the protected

consumer or protected consumer’s representative.

Credit monitoring.

(1) Definitions. In this subsection:

(A) The term “active duty military consumer” includes a member

of the National Guard.

(B) The term “National Guard” has the meaning given the term in

section 101(c) of title 10, United States Code.

(2) Credit monitoring. A consumer reporting agency described in section

603(p) shall provide a free electronic credit monitoring service

that, at a minimum, notifies a consumer of material additions or

modifications to the file of the consumer at the consumer reporting

agency to any consumer who provides to the consumer reporting

agency –

(A) appropriate proof that the consumer is an active duty military

consumer; and

(B) contact information of the consumer.

(3) Rulemaking. Not later than 1 year after the date of enactment of this

subsection, the Federal Trade Commission shall promulgate

39

§ 605B - 15 U.S.C. § 1681c-2

regulations regarding the requirements of this subsection, which

shall at a minimum include –

(A) a definition of an electronic credit monitoring service and

material additions or modifications to the file of a consumer; and

(B) what constitutes appropriate proof.

(4) Applicability.

(A) Sections 616 and 617 shall not apply to any violation of this

subsection.

(B) This subsection shall be enforced exclusively under section

621 by the Federal agencies and Federal and State officials

identified in that section.

§ 605B. Block of information resulting from identity theft

[15 U.S.C. § 1681c-2]

(a)

Block. Except as otherwise provided in this section, a consumer reporting

agency shall block the reporting of any information in the file of a

consumer that the consumer identifies as information that resulted from

an alleged identity theft, not later than 4 business days after the date of

receipt by such agency of –

(1) appropriate proof of the identity of the consumer;

(2) a copy of an identity theft report;

(3) the identification of such information by the consumer; and

(4) a statement by the consumer that the information 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) –

(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.

(c)

Authority to Decline or Rescind

(1) In general. A consumer reporting agency may decline to block, or may

rescind any block, of information 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;

40

§ 605B - 15 U.S.C. § 1681c-2

(B)

the information was blocked, or a block was requested by the

consumer, on the basis of a material misrepresentation of fact

by the consumer relevant to the request to block; or

(C) the consumer obtained possession of goods, services, or money

as a result of the blocked transaction or transactions.

(2) Notification to consumer. If a block of information is declined or

rescinded 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 611(a)(5)(B).

(3) Significance of block. For purposes of this subsection, if a consumer

reporting agency rescinds a block, the presence of information in the

file of a consumer prior to the blocking of such information is not

evidence of whether the consumer knew or should have known that

the consumer obtained possession of any goods, services, or money

as a result of the block.

(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), otherwise furnishing or reselling a consumer report

concerning the information identified by the consumer; and

(C) informs the consumer, by any means, that the consumer may

report the identity theft to the Bureau to obtain consumer

information regarding identity theft.

(2) Reseller with file. The sole obligation of the consumer reporting

agency under this section, with regard to any request of a consumer

under this section, shall be to block the consumer report maintained

by the consumer reporting agency from any subsequent use, if –

(A) the consumer, in accordance with the provisions of subsection (a),

identifies, to a consumer reporting agency, information in the file

of the consumer that resulted from identity theft; and

(B) the consumer reporting agency is a reseller of the identified

information.

(3) Notice. In carrying out its obligation under paragraph (2), the

reseller shall promptly provide a notice to the consumer of the

decision to block the file. Such notice shall contain the name,

41

§ 605C - 15 U.S.C. § 1681c-3

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 approving or processing negotiable

instruments, electronic fund transfers, or similar methods of payments,

except that, beginning 4 business days after receipt of information

described in paragraphs (1) through (3) of subsection (a), a check services

company shall not report to a national consumer reporting agency

described in section 603(p), any information identified in the subject

identity theft report as resulting from identity theft.

(f)

Access to blocked information by law enforcement agencies. No provision

of this section shall be construed as requiring a consumer reporting agency

to prevent a Federal, State, or local law enforcement agency from

accessing blocked information in a consumer file to which the agency

could otherwise obtain access under this title.

§ 605C. Adverse information in cases of trafficking

[15 U.S.C. § 1681c-3]

(a)

Definitions. In this section:

(1) Trafficking documentation. The term “trafficking documentation”

means(A) documentation of(i) a determination that a consumer is a victim of trafficking

made by a Federal, State, or Tribal governmental entity;

or

(ii) by a court of competent jurisdiction; and

(B) documentation that identifies items of adverse information

that should not be furnished by a consumer reporting agency

because the items resulted from a severe form of trafficking in

persons or sex trafficking of which the consumer is a victim.

(2) Trafficking Victims Protection Act of 2000 definitions. The terms

“severe forms of trafficking in persons” and “sex trafficking” have

the meanings given, respectively, in section 103 of the Trafficking

Victims Protection Act of 2000 (22 U.S.C. 7102).

(3) Victim of trafficking. The term “victim of trafficking” means

a person who is a victim of a severe form of trafficking in persons

or sex trafficking.

42

§ 606 - 15 U.S.C. § 1681d

(b)

Adverse information. A consumer reporting agency may not furnish a

consumer report containing any adverse item of information about a

consumer that resulted from a severe form of trafficking in persons or sex

trafficking if the consumer has provided trafficking documentation to the

consumer reporting agency.

(c)

Rulemaking.

(1)

In general. Not later than 180 days after December 27, 2021, the

Director shall issue rules to implement subsection (a).

(2)

Contents. The rules issued pursuant to paragraph (1) shall establish a

method by which consumers shall submit trafficking documentation

to consumer reporting agencies.

§ 606. Disclosure of investigative consumer reports

[15 U.S.C. § 1681d]

(a)

Disclosure of fact of preparation. A person may not procure or cause to

be prepared an investigative consumer report on any consumer unless

(1) it is clearly and accurately disclosed to the consumer that an

investigative consumer report including information as to his

character, general reputation, personal characteristics and mode of

living, whichever are applicable, may be made, and such disclosure

(A)

is made in a writing mailed, or otherwise delivered, to the

consumer, not later than three days after the date on which the

report was first requested, and

(B) includes a statement informing the consumer of his right to request

the additional disclosures provided for under subsection (b) of this

section and the written summary of the rights of the consumer

prepared pursuant to section 609(c) [§ 1681g]; and

(2) the person certifies or has certified to the consumer reporting agency that

(A)

(b)

the person has made the disclosures to the consumer required

by paragraph (1); and

(B) the person will comply with subsection (b).

Disclosure on request of nature and scope of investigation. Any person

who procures or causes to be prepared an investigative consumer report on

any consumer shall, upon written request made by the consumer within a

reasonable period of time after the receipt by him of the disclosure required

by subsection (a)(1) of this section, make a complete and accurate disclosure

of the nature and scope of the investigation requested. This disclosure shall

be made in a writing mailed, or otherwise delivered, to the consumer not

43

§ 606 - 15 U.S.C. § 1681d

later than five days after the date on which the request for such disclosure

was received from the consumer or such report was first requested,

whichever is the later.

(c)

Limitation on liability upon showing of reasonable procedures for

compliance with provisions. No person may be held liable for any violation

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

of the evidence that at the time of the violation he maintained reasonable

procedures to assure compliance with subsection (a) or (b) of this section.

(d)

Prohibitions

(1) Certification. A consumer reporting agency shall not prepare or

furnish investigative consumer report unless the agency has received

a certification under subsection (a)(2) from the person who requested

the report.

(2) Inquiries. A consumer reporting agency shall not make an inquiry for

the purpose of preparing an investigative consumer report on a consumer

for employment purposes if the making of the inquiry by an employer

or prospective employer of the consumer would violate any applicable

Federal or State equal employment opportunity law or regulation.

(3) Certain public record information. Except as otherwise provided in

section 613 [§ 1681k], a consumer reporting agency shall not furnish

an investigative consumer report that includes information that is a

matter of public record and that relates to an arrest, indictment,

conviction, civil judicial action, tax lien, or outstanding judgment,

unless the agency has verified the accuracy of the information during

the 30-day period ending on the date on which the report is furnished.

(4) Certain adverse information. A consumer reporting agency shall not

prepare or furnish an investigative consumer report on a consumer

that contains information that is adverse to the interest of the

consumer and that is obtained through a personal interview with a

neighbor, friend, or associate of the consumer or with another person

with whom the consumer is acquainted or who has knowledge of such

item of information, unless

(A) the agency has followed reasonable procedures to obtain

confirmation of the information, from an additional source that

has independent and direct knowledge of the information; or

(B) the person interviewed is the best possible source of the

information.

44

§ 607 - 15 U.S.C. § 1681e

§ 607. Compliance procedures [15 U.S.C. § 1681e]

(a)

Identity and purposes of credit users. Every consumer reporting agency

shall maintain reasonable procedures designed to avoid violations of

section 605 [§ 1681c] and to limit the furnishing of consumer reports to

the purposes listed under section 604 [§ 1681b] of this title. These

procedures shall require that prospective users of the information identify

themselves, certify the purposes for which the information is sought,

and certify that the information will be used for no other purpose. Every

consumer reporting agency shall make a reasonable effort to verify the

identity of a new prospective user and the uses certified by such

prospective user prior to furnishing such user a consumer report. No

consumer reporting agency may furnish a consumer report to any person

if it has reasonable grounds for believing that the consumer report will not

be used for a purpose listed in section 604 [§ 1681b] of this title.

(b)

Accuracy of report. Whenever a consumer reporting agency prepares a

consumer report it shall follow reasonable procedures to assure maximum

possible accuracy of the information concerning the individual about

whom the report relates.

(c)

Disclosure of consumer reports by users allowed. A consumer reporting

agency may not prohibit a user of a consumer report furnished by the

agency on a consumer from disclosing the contents of the report to the

consumer, if adverse action against the consumer has been taken by the

user based in whole or in part on the report.

(d)

Notice to Users and Furnishers of Information

(1) Notice requirement. A consumer reporting agency shall provide to

any person

(A) who regularly and in the ordinary course of business furnishes

information to the agency with respect to any consumer; or

(B) to whom a consumer report is provided by the agency; a notice

of such person’s responsibilities under this title.

See also 12 CFR Part 1022, App M-N

(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

45

§ 607 - 15 U.S.C. § 1681e

(1) Disclosure. A person may not procure a consumer report for

purposes of reselling the report (or any information in the report)

unless the person discloses to the consumer reporting agency that

originally furnishes the report

(A) the identity of the end-user of the report (or information); and

(B) each permissible purpose under section 604 [§ 1681b] for

which the report is furnished to the end-user of the report

(or information).

(2) Responsibilities of procurers for resale. A person who procures a

consumer report for purposes of reselling the report (or any

information in the report) shall

(A) establish and comply with reasonable procedures designed to

ensure that the report (or information) is resold by the person

only for a purpose for which the report may be furnished under

section 604 [§ 1681b], including by requiring that each person

to which the report (or information) is resold and that resells or

provides the report (or information) to any other person

(i) identifies each end user of the resold report

(or information);

(ii) certifies each purpose for which the report

(or information) will be used; and

(iii) certifies that the report (or information) will be used for

no other purpose; and

(B) before reselling the report, make reasonable efforts to verify the

identifications and certifications made under subparagraph (A).

(3) Resale of consumer report to a federal agency or department.

Notwithstanding paragraph (1) or (2), a person who procures

a consumer report for purposes of reselling the report (or any

information in the report) shall not disclose the identity of the

end-user of the report under paragraph (1) or (2) if –

(A) the end user is an agency or department of the United States

Government which procures the report from the person for

purposes of determining the eligibility of the consumer

concerned to receive access or continued access to classified

information (as defined in section 604(b)(4)(E)(i)); and

(B) the agency or department certifies in writing to the person

reselling the report that nondisclosure is necessary to protect

classified information or the safety of persons employed by or

46

§ 609 - 15 U.S.C. § 1681g

contracting with, or undergoing investigation for work or

contracting with the agency or department.

§ 608. Disclosures to governmental agencies [15 U.S.C. § 1681f]

Notwithstanding the provisions of section 604 [§ 1681b] of this title, a

consumer reporting agency may furnish identifying information respecting

any consumer, limited to his name, address, former addresses, places of

employment, or former places of employment, to a governmental agency.

§ 609. Disclosures to consumers [15 U.S.C. § 1681g]

(a)

Information on file; sources; report recipients. Every consumer reporting

agency shall, upon request, and subject to 610(a)(1) [§ 1681h], clearly and

accurately disclose to the consumer:

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

except that –

(A) if the consumer to whom the file relates requests that the first

5 digits of the social security number (or similar identification

number) of the consumer not be included in the disclosure and

the consumer reporting agency has received appropriate proof

of the identity of the requester, the consumer reporting agency

shall so truncate such number in such disclosure; and

(B) nothing in this paragraph shall be construed to require a

consumer reporting agency to disclose to a consumer any

information concerning credit scores or any other risk scores or

predictors relating to the consumer.

(2) The sources of the information; except that the sources of information

acquired solely for use in preparing an investigative consumer report

and actually use for no other purpose need not be disclosed:

Provided, That in the event an action is brought under this title, such

sources shall be available to the plaintiff under appropriate discovery

procedures in the court in which the action is brought.

(3) (A) Identification of each person (including each end-user identified

under section 607(e)(1) [§ 1681e]) that procured a consumer report

(i)

(B)

for employment purposes, during the 2-year period

preceding the date on which the request is made; or

(ii) for any other purpose, during the 1-year period preceding

the date on which the request is made.

An identification of a person under subparagraph (A) shall

include

47

§ 609 - 15 U.S.C. § 1681g

(i)

the name of the person or, if applicable, the trade name

(written in full) under which such person conducts

business; and

(ii) upon request of the consumer, the address and telephone

number of the person.

(C) Subparagraph (A) does not apply if –

(i) the end user is an agency or department of the United

States Government that procures the report from the

person for purposes of determining the eligibility of the

consumer to whom the report relates to receive access or

continued access to classified information (as defined in

section 604(b)(4)(E)(i)); and

(ii) the head of the agency or department makes a written

finding as prescribed under section 604(b)(4)(A).

(4) The dates, original payees, and amounts of any checks upon which is

based any adverse characterization of the consumer, included in the

file at the time of the disclosure.

(5) A record of all inquiries received by the agency during the 1-year

period preceding the request that identified the consumer in

connection with a credit or insurance transaction that was not initiated

by the consumer.

(6) If the consumer requests the credit file and not the credit score, a

statement that the consumer may request and obtain a credit score.

(b)

Exempt information. The requirements of subsection (a) of this section

respecting the disclosure of sources of information and the recipients

of consumer reports do not apply to information received or consumer

reports furnished prior to the effective date of this title except to the extent

that the matter involved is contained in the files of the consumer reporting

agency on that date.

(c)

Summary of Rights to Obtain and Dispute Information in Consumer

Reports and to Obtain Credit Scores

See also 12 CFR Part 1022, App K

(1) Bureau Summary of Rights Required

(A) In general. The Bureau shall prepare a model summary of the

rights of consumers under this title.

(B) Content of summary. The summary of rights prepared under

subparagraph (A) shall include a description of –

48

§ 609 - 15 U.S.C. § 1681g

(i)

the right of a consumer to obtain a copy of a consumer

report under subsection (a) from each consumer reporting

agency;

(ii) the frequency and circumstances under which a consumer

is entitled to receive a consumer report without charge

under section 612;

(iii) the right of a consumer to dispute information in the file

of the consumer under section 611;

(iv) the right of a consumer to obtain a credit score from a

consumer reporting agency, and a description of how to

obtain a credit score;

(v) the method by which a consumer can contact, and obtain a

consumer report from, a consumer reporting agency

without charge, as provided in the regulations of the

Bureau prescribed under section 211(c) of the Fair and

Accurate Credit Transactions Act of 2003; and

(vi) the method by which a consumer can contact, and obtain

a consumer report from, a consumer reporting agency

described in section 603(w), as provided in the regulations

of the Bureau prescribed under section 612(a)(1)(C).

(C) Availability of summary of rights. The Bureau shall –

(i) actively publicize the availability of the summary of rights

prepared under this paragraph;

(ii) conspicuously post on its Internet website the availability

of such summary of rights; and

(iii) promptly make such summary of rights available to

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 section –

(A) the summary of rights prepared by the Bureau under paragraph (1);

(B) in the case of a consumer reporting agency described in section

603(p), a toll-free telephone number established by the agency,

at which personnel are accessible to consumers during normal

business hours;

(C) a list of all Federal agencies responsible for enforcing any

provision of this title, and the address and any appropriate

phone number of each such agency, in a form that will assist

the consumer in selecting the appropriate agency;

49

§ 609 - 15 U.S.C. § 1681g

(d)

(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 equivalent 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 outdated under section 605

or cannot be verified.

Summary of Rights of Identity Theft Victims

See also 12 CFR Part 1022, App I

(1) In general. The Bureau, in consultation with the Federal banking

agencies and the National Credit Union Administration, shall prepare

a model summary of the rights of consumers under this title with

respect to the procedures for remedying the effects of fraud or identity

theft involving credit, an electronic fund transfer, or an account or

transaction at or with a financial institution or other creditor.

(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 paragraph (1), if any consumer contacts a

consumer reporting agency and expresses a belief that the consumer is

a victim of fraud or identity theft involving credit, an electronic fund

transfer, or an account or transaction at or with a financial institution

or other creditor, the consumer reporting agency shall, in addition to

any other action that the agency may take, provide the consumer with

a summary of rights that contains all of the information required 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 transaction for consideration with, a person who

has allegedly made unauthorized use of the means of identification of

the victim, shall provide a copy of application and business transaction

records in the control of the business entity, whether maintained by

the business entity or by another person on behalf of the business

50

§ 609 - 15 U.S.C. § 1681g

entity, evidencing any transaction alleged to be a result of identity

theft to –

(A) the victim;

(B) any Federal, State, or local government law enforcement

agency or officer specified by the victim in such a request; or

(C) Any law enforcement agency investigating the identity theft

and authorized by the victim to take receipt of records provided

under this subsection.

(2) Verification of identity and claim. Before a business entity provides

any information under paragraph (1), unless the business entity, at its

discretion, otherwise has a high degree of confidence that it knows

the identity of the victim making a request under paragraph (1), the

victim shall provide to the business entity –

(A) as proof of positive identification of the victim, at the election

of the business entity –

(i) the presentation of a government-issued identification card;

(ii) personally identifying information of the same type as was

provided to the business entity by the unauthorized

person; or

(iii) personally identifying information that the business entity

typically requests from new applicants or for new

transactions, at the time of the victim’s request for

information, including any documentation described in

clauses (i) and (ii); and

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

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 available by the Bureau; or

(II) an affidavit of fact that is acceptable to the business

entity for that purpose.

(3) Procedures. The request of a victim under paragraph (1) shall –

(A) be in writing;

(B) be mailed to an address specified by the business entity, if any; and

51

§ 609 - 15 U.S.C. § 1681g

(C)

if asked by the business entity, include relevant information

about any transaction alleged to be a result of identity theft to

facilitate compliance with this section including –

(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 identifying 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 information under paragraph (1) if, in the exercise

of good faith, the business entity determines that –

(A) this subsection does not require disclosure of the information;

(B) after reviewing the information provided pursuant to

paragraph (2), the business entity does not have a high degree

of confidence in knowing the true identity of the individual

requesting the information;

(C) the request for the information is based on a misrepresentation

of fact by the individual requesting the information relevant to

the request for information; or

(D) the information requested is Internet navigational data or similar

information about a person’s visit to a website or online service.

(6) Limitation on liability. Except as provided in section 621, sections

616 and 617 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 law for

disclosure, made in good faith pursuant to this subsection.

(8) No new recordkeeping obligation. Nothing in this subsection creates

an obligation on the part of a business entity to obtain, retain, or

maintain information or records that are not otherwise required to be

obtained, retained, or maintained in the ordinary course of its

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, prohibiting the disclosure of financial information by

a business entity to third parties shall be used to deny disclosure

of information to the victim under this subsection.

52

§ 609 - 15 U.S.C. § 1681g

(B)

Limitation. Except as provided in subparagraph (A), nothing

in this subsection permits a business entity to disclose

information, including information to law enforcement under

subparagraphs (B) and (C) of paragraph (1), that the business

entity is otherwise prohibited from disclosing under any other

applicable provision of Federal or State law.

(10) Affirmative defense. In any civil action brought to enforce this

subsection, it is an affirmative defense (which the defendant must

establish by a preponderance of the evidence) for a business entity to

file an affidavit or answer stating that –

(A) the business entity has made a reasonably diligent search of its

available business records; and

(B) the records requested under this subsection do not exist or are

not reasonably available.

(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

the date of enactment of this subsection.

(13) Effectiveness study. Not later than 18 months after the date of

enactment of this subsection, the Comptroller General of the United

States shall submit a report to Congress assessing 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 supply 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 consumer or the most recent

credit score of the consumer that was previously calculated by

the credit reporting agency for a purpose related to the

extension of credit;

(B) the range of possible credit scores under the model used;

53

§ 609 - 15 U.S.C. § 1681g

(C)

all of the key factors that adversely affected the credit score

of the consumer in the model used, the total number of which

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

(D) the date on which the credit score was created; and

(E) the name of the person or entity that provided the credit score

or credit file upon which the credit score was created.

(2) Definitions. For purposes of this subsection, the following

definitions shall apply:

(A) The term “credit score” –

(i) means a numerical value or a categorization derived from

a statistical tool or modeling system used by a person who

makes or arranges a loan to predict the likelihood of certain

credit behaviors, including default (and the numerical

value or the categorization derived from such analysis

may also be referred to as a “risk predictor” or “risk

score”); and

(ii) does not include –

(I) any mortgage score or rating of an automated

underwriting system that considers one or more

factors in addition to credit information, including the

loan to value ratio, the amount of down payment, or

the financial assets of a consumer; or

(II) any other elements of the underwriting process or

underwriting decision.

(B) The term “key factors” means all relevant elements or reasons

adversely affecting the credit score for the particular individual,

listed in the order of their importance based on their effect on

the credit score.

(3) Timeframe and manner of disclosure. The information required by

this subsection shall be provided in the same timeframe and manner

as the information described in subsection (a).

(4) Applicability to certain uses. This subsection shall not be construed

so as to compel a consumer reporting agency to develop or disclose a

score if the agency does not –

(A) distribute scores that are used in connection with residential real

property loans; or

54

§ 609 - 15 U.S.C. § 1681g

(B)

develop scores that assist credit providers in understanding the

general credit behavior of a consumer and predicting the future

credit behavior of the consumer.

(5) Applicability to credit scores developed by another person.

(A) In general. This subsection shall not be construed to require a

consumer reporting agency that distributes credit scores

developed by another person or entity to provide a further

explanation of them, or to process a dispute arising pursuant

to section 611, except that the consumer reporting agency shall

provide the consumer with the name and address and website

for 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 consumer

reporting agency that develops or modifies scores that are

developed by another person or entity.

(6) Maintenance of credit scores not required. This subsection shall not

be construed to require a consumer reporting agency to maintain

credit scores in its files.

(7) Compliance in certain cases. In complying with this subsection, a

consumer reporting agency shall –

(A) supply the consumer with a credit score that is derived from a

credit scoring model that is widely distributed to users by that

consumer reporting agency in connection with residential real

property loans or with a credit score that assists the consumer

in understanding the credit scoring assessment of the credit

behavior of the consumer and predictions about the future credit

behavior of the consumer; and

(B) a statement indicating that the information and credit scoring

model may be different than that used by the lender.

(8) Fair and reasonable fee. A consumer reporting agency may charge a

fair and reasonable fee, as determined by the Bureau, for providing

the information required under this subsection.

See also 69 Fed. Reg. 64698 (11/08/04)

(9) Use of enquiries as a key factor. If a key factor that adversely affects

the credit score of a consumer consists of the number of enquiries

made with respect to a consumer report, that factor shall be included

in the disclosure pursuant to paragraph (1)(C) without regard to the

numerical limitation in such paragraph.

(g)

Disclosure of Credit Scores by Certain Mortgage Lenders

55

§ 609 - 15 U.S.C. § 1681g

(1) In general. Any person who makes or arranges loans and who uses

a consumer credit score, as defined in subsection (f), in connection

with an application initiated or sought by a consumer for a closed end

loan or the establishment of an open end loan for a consumer purpose

that is secured by 1 to 4 units of residential real property (hereafter in

this subsection referred to as the “lender”) shall provide the 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) that was obtained 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 required to

provide the notice contained in subparagraph (D).

(B) Disclosures in Case of Automated Underwriting System

(i) In general. If a person that is subject to this subsection

uses an automated underwriting system to underwrite a

loan, that person may satisfy the obligation to provide a

credit score by disclosing a credit score and associated key

factors supplied by a consumer reporting agency.

(ii) Numerical credit score. However, if a numerical credit

score is generated by an automated underwriting system

used by an enterprise, and that score is disclosed to the

person, the score shall be disclosed to the consumer

consistent with subparagraph (c).

(iii) Enterprise defined. For purposes of this subparagraph, the

term “enterprise” has the same meaning as in

paragraph (6) of section 1303 of the Federal Housing

Enterprises Financial Safety and Soundness Act of 1992.

(C) Disclosures of credit scores not obtained from a consumer

reporting agency. A person that is subject to the provisions

of this subsection and that uses a credit score, other than a

credit score provided by a consumer reporting agency, may

satisfy the obligation to provide a credit score by disclosing a

credit score and associated key factors supplied by a consumer

reporting agency.

56

§ 609 - 15 U.S.C. § 1681g

(D) Notice to home loan applicants. A copy of the following notice,

which shall include the name, address, and telephone number

of each consumer reporting agency providing a credit score that

was used:

“Notice To The Home Loan Applicant

“In connection with your application for a home loan, the lender must disclose

to you the score that a consumer reporting agency distributed to users and the

lender used in connection with your home loan, and the key factors affecting

your credit scores.

“The credit score is a computer generated summary calculated at the time of the

request and based on information that a consumer reporting agency or lender

has on file. The scores are based on data about your credit history and payment

patterns. Credit scores are important because they are used to assist the lender

in determining whether you will obtain a loan. They may also be used to

determine what interest rate you may be offered on the mortgage. Credit scores

can change over time, depending on your conduct, how your credit history and

payment patterns change, and how credit scoring technologies change.

“Because the score is based on information in your credit history, it is very

important that you review the credit-related information that is being furnished to

make sure it is accurate. Credit records may vary from one company to another.

“If you have questions about your credit score or the credit information that

is furnished to you, contact the consumer reporting agency at the address and

telephone number provided with this notice, or contact the lender, if the lender

developed or generated the credit score. The consumer reporting agency plays

no part in the decision to take any action on the loan application and is unable

to provide you with specific reasons for the decision on a loan application.

“If you have questions concerning the terms of the loan, contact the lender.”

(E)

Actions not required under this subsection. This subsection

shall not require any person to –

(i) explain the information provided pursuant to subsection (f);

(ii) disclose any information other than a credit score or key

factors, as defined in subsection (f);

(iii) disclose any credit score or related information obtained

by the user after a loan has closed;

(iv) provide more than 1 disclosure per loan transaction; or

(v) provide the disclosure required by this subsection when

another person has made the disclosure to the consumer

for that loan transaction.

57

§ 610 - 15 U.S.C. § 1681h

(F)

No Obligation for Content

(i) In general. The obligation of any person pursuant to this

subsection shall be limited solely to providing a copy

of the information that was received from the consumer

reporting agency.

(ii) Limit on liability. No person has liability under this

subsection for the content of that information or for the

omission of any information within the report provided by

the consumer reporting agency.

(G) Person defined as excluding enterprise. As used in this

subsection, the term “person” does not include an enterprise (as

defined in paragraph (6) of section 1303 of the Federal Housing

Enterprises Financial Safety and Soundness Act of 1992).

(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 subsection. A lender shall

not have liability under any contractual provision for disclosure

of a credit score pursuant to this subsection.

§ 610. Conditions and form of disclosure to consumers

[15 U.S.C. § 1681h]

(a)

In General

(1) Proper identification. A consumer reporting agency shall require,

as a condition of making the disclosures required under section 609

[§ 1681g], that the consumer furnish proper identification.

(2) Disclosure in writing. Except as provided in subsection (b), the

disclosures required to be made under section 609 [§ 1681g] shall be

provided under that section in writing.

(b)

Other Forms of Disclosure

(1) In general. If authorized by a consumer, a consumer reporting

agency may make the disclosures required under 609 [§ 1681g]

(A) other than in writing; and

(B) in such form as may be

(i) specified by the consumer in accordance with paragraph (2);

and

(ii) available from the agency.

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§ 611 - 15 U.S.C. § 1681i

(2) Form. A consumer may specify pursuant to paragraph (1) that

disclosures under section 609 [§ 1681g] shall be made

(c)

(A) in person, upon the appearance of the consumer at the place of

business of the consumer reporting agency where disclosures

are regularly provided, during normal business hours, and on

reasonable notice;

(B) by telephone, if the consumer has made a written request for

disclosure by telephone;

(C) by electronic means, if available from the agency; or

(D) by any other reasonable means that is available from the agency.

Trained personnel. Any consumer reporting agency shall provide trained

personnel to explain to the consumer any information furnished to him

pursuant to section 609 [§ 1681g] of this title.

(d)

Persons accompanying consumer. The consumer shall be permitted to

be accompanied by one other person of his choosing, who shall furnish

reasonable identification. A consumer reporting agency may require

the consumer to furnish a written statement granting permission to the

consumer reporting agency to discuss the consumer’s file in such person’s

presence.

(e)

Limitation of liability. Except as provided in sections 616 and 617 [§§

1681n and 1681o] of this title, no consumer may bring any action or

proceeding in the nature of defamation, invasion of privacy, or negligence

with respect to the reporting of information against any consumer reporting

agency, any user of information, or any person who furnishes information

to a consumer reporting agency, based on information disclosed pursuant

to section 609, 610, or 615 [§§ 1681g, 1681h, or 1681m] of this title or

based on information disclosed by a user of a consumer report to or for a

consumer against whom the user has taken adverse action, based in whole

or in part on the report, except as to false information furnished with

malice or willful intent to injure such consumer.

§ 611.

(a)

Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

Reinvestigations of Disputed Information

(1) Reinvestigation Required

(A) In general. Subject to subsection (f), and except as provided

in subsection (g) 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

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§ 611 - 15 U.S.C. § 1681i

notifies the agency directly, or indirectly through a reseller,

of such dispute, the agency shall, free of charge, conduct a

reasonable reinvestigation to determine whether the disputed

information is inaccurate and record the current status of the

disputed information, or delete the item from the file in

accordance with paragraph (5), before the end of the 30-day

period beginning on the date on which the agency receives the

notice of the dispute from the consumer or reseller.

(B) Extension of period to reinvestigate. Except as provided in

subparagraph (c), the 30-day period described in subparagraph

(A) may be extended for not more than 15 additional days if

the consumer reporting agency receives information from the

consumer during that 30-day period that is relevant to the

reinvestigation.

(C) Limitations on extension of period to reinvestigate.

Subparagraph (B) shall not apply to any reinvestigation in

which, during the 30-day period described in subparagraph

(A), the information that is the subject of the reinvestigation is

found to be inaccurate or incomplete or the consumer reporting

agency determines that the information cannot be verified.

(2) Prompt Notice of Dispute to Furnisher of Information

(A) In general. Before the expiration of the 5-business-day period

beginning on the date on which a consumer reporting agency

receives notice of a dispute from any consumer or a reseller in

accordance with paragraph (1), the agency shall provide

notification of the dispute to any person who provided any item

of information in dispute, at the address and in the manner

established with the person. The notice shall include all relevant

information regarding the dispute that the agency has received

from the consumer 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 information regarding the

dispute that is received by the agency from the consumer or

the reseller after the period referred to in subparagraph (A) and

before the end of the period referred to in paragraph (1)(A).

(3) Determination That Dispute Is Frivolous or Irrelevant

(A) In general. Notwithstanding paragraph (1), a consumer reporting

agency may terminate a reinvestigation of information disputed

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§ 611 - 15 U.S.C. § 1681i

by a consumer under that paragraph if the agency reasonably

determines that the dispute by the consumer is frivolous or

irrelevant, including by reason of a failure by a consumer

to provide sufficient information to investigate the disputed

information.

(B) Notice of determination. Upon making any determination in

accordance with subparagraph (A) that a dispute is frivolous or

irrelevant, a consumer reporting agency shall notify the

consumer of such determination not later than 5 business days

after making such determination, by mail or, if authorized by

the consumer for that purpose, by any other means available to

the agency.

(C) Contents of notice. A notice under subparagraph (B) shall include

(i) the reasons for the determination under subparagraph (A);

and

(ii) identification of any information required to investigate

the disputed information, which may consist of a

standardized form describing the general nature of such

information.

(4) Consideration of consumer information. In conducting any

reinvestigation under paragraph (1) with respect to disputed

information in the file of any consumer, the consumer reporting

agency shall review and consider all relevant information submitted

by the consumer in the period described in paragraph (1)(A) with

respect to such disputed information.

(5) Treatment of Inaccurate or Unverifiable Information

(A) In general. If, after any reinvestigation under paragraph (1) of

any information disputed by a consumer, an item of the

information is found to be inaccurate or incomplete or cannot

be verified, the consumer reporting agency shall –

(i) promptly delete that item of information from the file of

the consumer, or modify that item of information, as

appropriate, based on the results of the reinvestigation; 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

61

§ 611 - 15 U.S.C. § 1681i

(i)

Certification of accuracy of information. If any

information is deleted from a consumer’s file pursuant to

subparagraph (A), the information may not be reinserted

in the file by the consumer reporting agency unless the

person who furnishes the information certifies that the

information is complete and accurate.

(ii) Notice to consumer. If any information that has been

deleted from a consumer’s file pursuant to subparagraph

(A) is reinserted in the file, the consumer reporting agency

shall notify the consumer of the reinsertion in writing

not later than 5 business days after the reinsertion or, if

authorized by the consumer for that purpose, by any other

means available to the agency.

(iii) Additional information. As part of, or in addition to, the

notice under clause (ii), a consumer reporting agency shall

provide to a consumer in writing not later than 5 business

days after the date of the reinsertion

(I) a statement that the disputed information has been

reinserted;

(II) the business name and address of any furnisher of

information contacted and the telephone number of

such furnisher, if reasonably available, or of any

furnisher of information that contacted the consumer

reporting agency, in connection with the reinsertion

of such information; and

(III) a notice that the consumer has the right to add a

statement to the consumer’s file disputing the accuracy

or completeness of the disputed information.

(C) Procedures to prevent reappearance. A consumer reporting

agency shall maintain reasonable procedures designed to

prevent the reappearance in a consumer’s file, and in consumer

reports on the consumer, of information that is deleted pursuant

to this paragraph (other than information that is reinserted in

accordance with subparagraph (B)(i)).

(D) Automated reinvestigation system. Any consumer reporting

agency that compiles and maintains files on consumers on a

nationwide basis shall implement an automated system through

which furnishers of information to that consumer reporting

agency may report the results of a reinvestigation that finds

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§ 611 - 15 U.S.C. § 1681i

incomplete or inaccurate information in a consumer’s file to

other such consumer reporting agencies.

(6) Notice of Results of Reinvestigation

(A) In general. A consumer reporting agency shall provide

written notice to a consumer of the results of a reinvestigation

under this subsection not later than 5 business days after the

completion of the reinvestigation, by mail or, if authorized by

the consumer for that purpose, by other means available to the

agency.

(B) Contents. As part of, or in addition to, the notice under

subparagraph (A), a consumer reporting agency shall provide to

a consumer in writing before the expiration of the 5-day period

referred to in subparagraph (A)

(i) a statement that the reinvestigation is completed;

(ii) a consumer report that is based upon the consumer’s file

as that file is revised as a result of the reinvestigation;

(iii) a notice that, if requested by the consumer, a description

of the procedure used to determine the accuracy and

completeness of the information shall be provided to the

consumer by the agency, including the business name and

address of any furnisher of information contacted in

connection with such information and the telephone

number of such furnisher, if reasonably available;

(iv) a notice that the consumer has the right to add a

statement to the consumer’s file disputing the accuracy or

completeness of the information; and

(v) a notice that the consumer has the right to request under

subsection (d) that the consumer reporting agency furnish

notifications under that subsection.

(7) Description of reinvestigation procedure. A consumer reporting

agency shall provide to a consumer a description referred to in

paragraph (6)(B)(iii) by not later than 15 days after receiving a

request from the consumer for that description.

(8) Expedited dispute resolution. If a dispute regarding an item of

information in a consumer’s file at a consumer reporting agency is

resolved in accordance with paragraph (5)(A) by the deletion of the

disputed information by not later than 3 business days after the date

on which the agency receives notice of the dispute from the consumer

in accordance with paragraph (1)(A), then the agency shall not be

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§ 611 - 15 U.S.C. § 1681i

required to comply with paragraphs (2), (6), and (7) with respect to

that dispute if the agency

(b)

(A) provides prompt notice of the deletion to the consumer by

telephone;

(B) includes in that notice, or in a written notice that accompanies a

confirmation and consumer report provided in accordance with

subparagraph (C), a statement of the consumer’s right to

request under subsection (d) that the agency furnish

notifications under that subsection; and

(C) provides written confirmation of the deletion and a copy of a

consumer report on the consumer that is based on the

consumer’s file after the deletion, not later than 5 business days

after making the deletion.

Statement of dispute. If the reinvestigation does not resolve the dispute,

the consumer may file a brief statement setting forth the nature of the

dispute. The consumer reporting agency may limit such statements to not

more than one hundred words if it provides the consumer with assistance

in writing a clear summary of the dispute.

(c)

Notification of consumer dispute in subsequent consumer reports. Whenever

a statement of a dispute is filed, unless there is reasonable grounds to believe

that it is frivolous or irrelevant, the consumer reporting agency shall, in any

subsequent report containing the information in question, clearly note that it

is disputed by the consumer and provide either the consumer’s statement or

a clear and accurate codification or summary thereof.

(d)

Notification of deletion of disputed information. Following any deletion of

information which is found to be inaccurate or whose accuracy can no

longer be verified or any notation as to disputed information, the

consumer reporting agency shall, at the request of the consumer, furnish

notification that the item has been deleted or the statement, codification

or summary pursuant to subsection (b) or (c) of this section to any person

specifically designated by the consumer who has within two years prior

thereto received a consumer report for employment purposes, or within

six months prior thereto received a consumer report for any other

purpose, which contained the deleted or disputed information.

(e)

Treatment of Complaints and Report to Congress

(1) In general. The Bureau shall –

(A) compile all complaints that it receives that a file of a consumer

that is maintained by a consumer reporting agency described in

section 603(p) contains incomplete or inaccurate information,

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§ 611 - 15 U.S.C. § 1681i

with respect to which, the consumer appears to have disputed the

completeness or accuracy with the consumer reporting agency or

otherwise utilized the procedures provided by subsection (a); and

(B) transmit each such complaint to each consumer reporting

agency involved.

(2) Exclusion. Complaints received or obtained by the Bureau pursuant

to its investigative authority under the Consumer Financial Protection

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

(3) Agency responsibilities. Each consumer reporting agency described

in section 603(p) that receives a complaint transmitted by the Bureau

pursuant to paragraph (1) shall –

(A) review each such complaint to determine whether all legal

obligations imposed on the consumer reporting agency under

this title (including any obligation imposed by an applicable

court or administrative order) have been met with respect to the

subject matter of the complaint;

(B) provide reports on a regular basis to the Bureau regarding the

determinations of and actions taken by the consumer reporting

agency, if any, in connection with its review of such

complaints; and

(C) maintain, for a reasonable time period, records regarding the

disposition of each such complaint that is sufficient to

demonstrate compliance with this subsection.

(4) Rulemaking authority. The Bureau may prescribe regulations, as

appropriate to implement this subsection.

(5) Annual report. The Bureau shall submit to the Committee on Banking,

Housing, and Urban Affairs of the Senate and the Committee on

Financial Services of the House of Representatives an annual report

regarding information gathered by the Bureau under this subsection.

(f)

Reinvestigation Requirement Applicable to Resellers

(1) Exemption from general reinvestigation requirement. Except as

provided in paragraph (2), a reseller 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 consumer of a dispute concerning the

completeness or accuracy of any item of information contained in

a consumer report on such consumer produced by the reseller, the

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§ 611 - 15 U.S.C. § 1681i

reseller shall, within 5 business days of receiving the notice, and free

of charge –

(A) determine whether the item of information is incomplete or

inaccurate as a result of an act or omission of the reseller; and

(B) (i) if the reseller determines that the item of information is

incomplete or inaccurate as a result of an act or omission

of the reseller, not later than 20 days after receiving the

notice, correct the information in the consumer report or

delete it; or

(ii) if the reseller determines that the item of information

is not incomplete or inaccurate as a result of an act or

omission of the reseller, convey the notice of the dispute,

together with all relevant information provided by the

consumer, to each consumer reporting agency that

provided the reseller with the information that is the

subject of the dispute, using an address or a notification

mechanism specified by the consumer reporting agency

for such notices.

(3) Responsibility of consumer reporting agency to notify consumer

through reseller. Upon the completion of a reinvestigation under this

section of a dispute concerning the completeness or accuracy of any

information in the file of a consumer by a consumer reporting agency

that received notice of the dispute from a reseller under paragraph (2) –

(A) the notice by the consumer reporting agency under paragraph

(6), (7), or (8) of subsection (a) shall be provided to the reseller

in lieu of the consumer; and

(B) the reseller shall immediately reconvey such notice to the

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

construed as prohibiting a reseller from conducting a reinvestigation

of a consumer dispute directly.

(g)

Dispute Process for Veteran’s Medical Debt

(1) In general. With respect to a veteran’s medical debt, the veteran may

submit a notice described in paragraph (2), proof of liability of the

Department of Veterans Affairs for payment of that debt, or

documentation that the Department of Veterans Affairs is in the

process of making payment for authorized hospital care, medical

services, or extended care services rendered to a consumer reporting

66

§ 612 - 15 U.S.C. § 1681j

agency or a reseller to dispute the inclusion of that debt on a

consumer report of the veteran.

(2) Notification to veteran. The Department of Veterans Affairs shall

submit to a veteran a notice that the Department of Veterans Affairs

has assumed liability for part or all of a veteran’s medical debt.

(3) Deletion of information from file. If a consumer reporting agency

receives notice, proof of liability, or documentation under paragraph

(1), the consumer reporting agency shall delete all information

relating to the veteran’s medical debt from the file of the veteran and

notify the furnisher and the veteran of that deletion.

§ 612. Charges for certain disclosures [15 U.S.C. § 1681j]

See also 12 CFR Part 1022, Subpart N

(a)

Free Annual Disclosure

(1) Nationwide Consumer Reporting Agencies

(A) In general. All consumer reporting agencies described in

subsections (p) and (w) of section 603 shall make all disclosures

pursuant to section 609 once during any 12-month period upon

request of the consumer and without charge to the consumer.

(B)

Centralized source. Subparagraph (A) shall apply with respect

to a consumer reporting agency described in section 603(p)

only if the request from the consumer is made using the

centralized source established for such purpose in accordance

with section 211(c) of the Fair and Accurate Credit

Transactions Act of 2003.

(C)

Nationwide Specialty Consumer Reporting Agency

(i)

In general. The Bureau shall prescribe regulations

applicable to each consumer reporting agency described

in section 603(w) to require the establishment of a

streamlined process for consumers to request consumer

reports under subparagraph (A), which shall include, at a

minimum, the establishment by each such agency of a tollfree 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 agencies in providing such

consumer reports;

67

§ 612 - 15 U.S.C. § 1681j

(II) appropriate means to ensure that consumer reporting

agencies can satisfactorily meet those demands,

including the efficacy of a system of staggering the

availability to consumers of such consumer reports; and

(III) the ease by which consumers should be able to

contact consumer reporting agencies with respect to

access to such consumer reports.

7

(iii) Date of issuance. The Bureau shall issue the regulations

required by this subparagraph in final form not later than 6

months after the date of enactment of the Fair and Accurate

Credit Transactions Act of 2003.

7

(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 603(w)) shall be required to

comply with subsection (a), which effective date –

(I) shall be established after consideration of the ability

of each nationwide specialty consumer reporting

agency to comply with subsection (a); and

(II) shall be not later than 6 months after the date on

which such regulations are issued in final form (or

such additional period not to exceed 3 months, as the

Bureau determines appropriate).

(2) Timing. A consumer reporting agency shall provide a consumer

report under paragraph (1) not later than 15 days after the date on

which the request is received under paragraph (1).

(3) Reinvestigations. Notwithstanding the time periods specified in

section 611(a)(1), a reinvestigation under that section by a consumer

reporting agency upon a request of a consumer that is made after

receiving a consumer report under this subsection shall be completed

not later than 45 days after the date on which the request is received.

(4) Exception for first 12 months of operation. This subsection shall

not apply to a consumer reporting agency that has not been

furnishing consumer reports to third parties on a continuing basis

7 Subsections 612(a)(1)(C)(iii) and (iv) are obsolete. They relate to the to the issuance and effective dates of

the “free report” rules that the 2003 FACT Act required the Commission to publish. The rules were published on time in June 2004 and updated in March 2010. The subsections appear as written, including 2010

amendments to the FCRA that changed “Commission” to “Bureau” (effective July 21, 2011) in several

places in the FCRA.

68

§ 612 - 15 U.S.C. § 1681j

during the 12-month period preceding a request under paragraph (1),

with respect to consumers residing nationwide.

(b)

(c)

(d)

(e)

(f)

Free disclosure after adverse notice to consumer. Each consumer

reporting agency that maintains a file on a consumer shall make all

disclosures pursuant to section 609 [§ 1681g] without charge to the

consumer if, not later than 60 days after receipt by such consumer of a

notification pursuant to section 615 [§ 1681m], or of a notification from a

debt collection agency affiliated with that consumer reporting agency

stating that the consumer’s credit rating may be or has been adversely

affected, the consumer makes a request under section 609 [§ 1681g].

Free disclosure under certain other circumstances. Upon the request of

the consumer, a consumer reporting agency shall make all disclosures

pursuant to section 609 [§ 1681g] once during any 12-month period

without charge to that consumer if the consumer certifies in writing that

the consumer

(1) is unemployed and intends to apply for employment in the 60-day

period beginning on the date on which the certification is made;

(2) is a recipient of public welfare assistance; or

(3) has reason to believe that the file on the consumer at the agency

contains inaccurate information due to fraud.

Free disclosures in connection with fraud alerts. Upon the request of a

consumer, a consumer reporting agency described in section 603(p) shall

make all disclosures pursuant to section 609 without charge to the

consumer, as provided in subsections (a)(2) and (b)(2) of section 605A,

as applicable.

Other charges prohibited. A consumer reporting agency shall not impose

any charge on a consumer for providing any notification required by this

title or making any disclosure required by this title, except as authorized

by subsection (f).

Reasonable Charges Allowed for Certain Disclosures

(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),

a consumer reporting agency may impose a reasonable charge on

a consumer

(A) for making a disclosure to the consumer pursuant to section 609

[§ 1681g], which charge

(i) shall not exceed $8;8 and

8 Pursuant to Section 612(f)(2), the Federal Trade Commission set the maximum charge at $11.00, effective

January 1, 2011. See 75 Fed. Reg. 80817 (Dec. 23, 2010). The Bureau will set the charge for 2012 and

later years.

69

§ 613 - 15 U.S.C. § 1681k

(ii) shall be indicated to the consumer before making the

disclosure; and

(B) for furnishing, pursuant to 611(d) [§ 1681i], following a

reinvestigation under section 611(a) [§ 1681i], a statement,

codification, or summary to a person designated by the

consumer under that section after the 30-day period beginning

on the date of notification of the consumer under paragraph (6)

or (8) of section 611(a) [§ 1681i] with respect to the

reinvestigation, which charge

(i) shall not exceed the charge that the agency would impose

on each designated recipient for a consumer report; and

(ii) shall be indicated to the consumer before furnishing such

information.

(2) Modification of amount. The Bureau shall increase the amount

referred to in paragraph (1)(A)(i) on January 1 of each year, based

proportionally on changes in the Consumer Price Index, with

fractional changes rounded to the nearest fifty cents.8

(g)

Prevention of Deceptive Marketing of Credit Reports

(1) In general. Subject to rulemaking pursuant to section 205(b) of the

Credit CARD Act of 2009, any advertisement for a free credit report

in any medium shall prominently disclose in such advertisement

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

television 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.”

§ 613. Public record information for employment purposes

[15 U.S.C. § 1681k]

(a)

In general. A consumer reporting agency which furnishes a consumer

report for employment purposes and which for that purpose compiles and

reports items of information on consumers which are matters of public

record and are likely to have an adverse effect upon a consumer’s ability

to obtain employment shall

70

§ 615 - 15 U.S.C. § 1681m

(1) at the time such public record information is reported to the user of

such consumer report, notify the consumer of the fact that public

record information is being reported by the consumer reporting

agency, together with the name and address of the person to whom

such information is being reported; or

(2) maintain strict procedures designed to insure that whenever public

record information which is likely to have an adverse effect on a

consumer’s ability to obtain employment is reported it is complete

and up to date. For purposes of this paragraph, items of public record

relating to arre

This text is long and has been trimmed here. Open the source document for the complete record.