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6000 - Consumer Protection


TITLE VI—CONSUMER CREDIT REPORTING

Sec.

601. Short title.
602. Findings and purpose.
603. Definitions and rules of construction.
604. Permissible purposes of consumer reports.
605. Requirements relating to information contained in consumer reports.
605A. Identity theft prevention; fraud alerts and active duty alerts.
605B. Block of information resulting from identity theft.
606. Disclosure of investigative consumer reports.
607. Compliance procedures.
608. Disclosures to governmental agencies.
609. Disclosures to consumers.
610. Conditions and form of disclosure to consumers.
611. Procedure in case of disputed accuracy.
612. Charges for certain disclosures.
613. Public record information for employment purposes.
614. Restrictions on investigative consumer reports.
615. Requirements on users of consumer reports.
616. Civil liability for willful noncompliance.
617. Civil liability for negligent noncompliance.
618. Jurisdiction of courts; limitation of actions.
619. Obtaining information under false pretenses.
620. Unauthorized disclosures by officers or employees.
621. Administrative enforcement.
623. Responsibilities of furnishers of information to consumer reporting agencies.
624. Affilliate sharing.
625. Relation to State laws.
626. Disclosures to FBI for counterintelligence purposes.
627. Disclosures to governmental agencies for counterterrorism purposes.
628. Disposal of records.
629. Corporate and technological circumvention prohibited.

§ 601.  Short title

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

[Codified to 15 U.S.C. 1681 note]

[Source:  Section 601 of title VI of the Act of May 29, 1968 (Pub. L. No. 90-321), as added by section 601 of title VI of the Act of October 26, 1970 (Pub. L. No. 91-508; 84 Stat. 1128), effective April 25, 1971]

§ 602.  Congressional findings and statement of purpose

(a)  ACCURACY AND FAIRNESS OF CREDIT REPORTING.--The Congress makes the following findings:

(1)  The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

(2)  An elaborate mechanism has been developed for investigating and evaluating the credit worthiness,1 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)  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.

[Codified to 15 U.S.C. 1681]

[Source:  Section 602 of title VI of the Act of May 29, 1968 (Pub. L. No. 90-321), as added by section 601 of title VI of the Act of October 26, 1970 (Pub. L. No. 91-508; 84 Stat. 1128), effective April 25, 1971]

§ 603.  Definitions; rules of construction

(a)  Definitions and rules of construction set forth in this section are applicable for the purposes of this title.

(b)  The term "person" means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.

(c)  The term "consumer" means an individual.

(d)  CONSUMER REPORT.--

(1)  IN GENERAL.--The term "consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for--

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

(B)  employment purposes; or

(C)  any other purpose authorized under section 604.

(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; or

(D)  a communication described in Subsection (o) or (x).

(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 to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is--

(A)  medical information;

(B)  an individual 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.

(e)  The term "investigative consumer report" means a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.

(f)  The term "consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

(g)  The term "file", when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.

(h)  The term "employment purposes" when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.

(i)  MEDICAL INFORMATION.--The term "medical information"--

(1)  means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to--

(A)  the past, present, or future physical, mental, or behavioral health or condition of an individual;

(B)  the provision of health care to an 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)  Overdue support.--The term "overdue support" has the meaning given to such term in section 666(e) of title 42.

(2)  State or local child support enforcement agency.--The term "State or local child support enforcement agency" means a State or local agency which administers a State or local program for establishing and enforcing child support obligations.

(k)  ADVERSE ACTION.--

(1)  ACTIONS INCLUDED.--The term "adverse action"--

(A)  has the same meaning as in section 701(d)(6) of the Equal Credit Opportunity Act; and

(B)  means--

(i)  a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance;

(ii)  a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee;

(iii)  a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 604(a)(3)(D); 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); and

(II)  adverse to the interests of the consumer.

(2)  APPLICABLE FINDINGS, DECISIONS, COMMENTARY AND ORDERS.--For purposes of any determination of whether an action is an adverse action under paragraph (1)(A), all appropriate final findings, decisions, commentary, and orders issued under section 701(d)(6) of the Equal Credit Opportunity Act by the Bureau or any court shall apply.

(l)  FIRM OFFER OF CREDIT OR INSURANCE.--The term "firm offer of credit or insurance" means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following:

(1)  The consumer being determined, based on information in the consumer's application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established--

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

(B)  for the purpose of determining whether to extend credit or insurance pursuant to the offer.

(2)  Verification--

(A)  that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumer's application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or

(B)  of the information in the consumer's application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability.

(3)  The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was--

(A)  established before selection of the consumer for the offer of credit or insurance; and

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

(m)  CREDIT OR INSURANCE TRANSACTION THAT IS NOT INITIATED BY THE CONSUMER.--The term "credit or insurance transaction that is not initiated by the consumer" does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of--

(1)  reviewing the account or insurance policy; or

(2)  collecting the account.

(n)  STATE.--The term "State" means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States.

(o)  EXCLUDED COMMUNICATIONS.--A communication described in this subsection if it is a communication--

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

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

(A)  procuring an employee for the employer; or

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

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

(4)  that is not used by any person for any purpose other than a purpose described in subparagraph (A) or (B) of paragraph (2); and

(5) with respect to which--

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

(i)  consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication;

(ii)  consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication; and

(iii)  in the case of consent under clause (i) or (ii) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person;

(B)  the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation; and

(C)  the person who makes the communication--

(i)  discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumer's file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought; and

(ii)  notifies the consumer who is the subject of the communication, in writing, of the consumer's right to request the information described in clause (i).

(p)  CONSUMER REPORTING AGENCY THAT COMPILES AND MAINTAINS FILES ON CONSUMERS ON A NATIONWIDE BASIS.--The term "consumer reporting agency that compiles and maintains files on consumers on a nationwide basis" means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumer's credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide:

(1)  Public record information.

(2)  Credit account information from persons who furnish that information regularly and in the ordinary course of business.

(q)  DEFINITIONS RELATING TO FRAUD ALERTS.--

(1)  ACTIVE DUTY MILITARY CONSUMER.--The term "active duty military consumer" means a consumer in military service who--

(A)  is on active duty (as defined in section 101(d)(1) of title 10, 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)  FRAUD ALERT; ACTIVE DUTY ALERT.--The terms "fraud alert" and "active duty alert" mean a statement in the file of a consumer that--

(A)  notifies all prospective users of a 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.

(3)  IDENTITY THEFT.--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.

(4)  IDENTITY THEFT REPORT.--The term "identity theft report" has the meaning given that term by rule of the Bureau, and means, at a minimum, a report--

(A)  that alleges an identity theft;

(B)  that is a copy of an official, valid 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)  NEW CREDIT PLAN.--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)  CARD ISSUER.--The term "card issuer" means--

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

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

(2)  CREDIT CARD.--The term "credit card" has the same meaning as in section 103 of the Truth in Lending Act.

(3)  DEBIT CARD.--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)  ACCOUNT AND ELECTRONIC FUND TRANSFER.--The terms "account" and "electronic fund transfer" have the same meanings as in section 903 of the Electronic Fund Transfer Act.

(5)  CREDIT AND CREDITOR.--The terms "credit" and "creditor" have the same meanings as in section 702 of the Equal Credit Opportunity Act.

(s)  FEDERAL BANKING AGENCY.--The term "Federal banking agency" has the same meaning as in section 3 of the Federal Deposit Insurance Act.

(t)  FINANCIAL INSTITUTION.--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)  RESELLER.--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)  COMMISSION.--The term "Commission" means the Bureau.

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

(x)  NATIONWIDE SPECIALTY CONSUMER REPORTING AGENCY.--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)  COMMUNICATIONS DESCRIBED IN THIS SUBSECTION.--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;

(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)  SELF-REGULATORY ORGANIZATION DEFINED.--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.

[Codified to 15 U.S.C. 1681a]

[Source:  Section 603 of title VI of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 601 of title VI of the Act of October 26, 1970 (Pub. L. No. 91--508; 84 Stat. 1128), effective April 25, 1971; section 2402 of title II of the Act of September 30, 1996 (Pub. L. No. 104--208, 110 Stat. 3009--426--430), effective September 30, 1997; section 6(1)--(3) of the Act of November 2, 1998 (Pub. L. No. 105--347; 112 Stat. 3211), effective September 30, 1997; section 111 of title I of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1954 and 1955), section 214(c) of title II of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1983), effective date: except as otherwise specifically provided in this Act and the amendments made by this Act--(1) before the end of the 2 month period (March 4, 2004) beginning on the date of the enactment of the Act, the Board and the Commission shall jointly prescribe regulations in final form establishing effective dates for each provision of this Act; and (2) the regulations prescribed under paragraph (a) shall establish effective dates that are as early as possible, while allowing reasonable time for the implementation of the provision of this Act, but in no case shall any such effective date be later than 10 months (October 4, 2004) after the date of issuance of such regulations in final form; section 1088(a)(1), (a)(2)(A) and (C) and (a)(3) of title X of the Act of July 21, 2010 (Pub. L. No. 111--203; 124 Stat. 2087), effective July 21, 2010]

§ 604.  Permissible purposes of consumer reports

(a)  IN GENERAL.--Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other:

(1)  In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury.

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

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

(A)  intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or

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

(C)  intends to use the information in connection with the underwriting of insurance involving the consumer; or

(D)  intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or

(E)  intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or

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

(i)  in connection with a business transaction that is initiated by the consumer; or

(ii)  to review an account to determine whether the consumer continues to meet the terms of the account.

(4)  In response to a request by the head of a State or local child support enforcement agency (or a State or local government official authorized by the head of such an agency), if the person making the request certifies to the consumer reporting agency that--

(A)  the consumer report is needed for the purpose of establishing an individual's capacity to make child support payments or determining the appropriate level of such payments;

(B)  the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises (if required by those laws);

(C)  the person has provided at least 10 days' prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested; and

(D)  the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph (A), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.

(5)  To an agency administering a State plan under section 454 of the Social Security Act (42 U.S.C. 654) for use to set an initial or modified child support award.

(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 subchapter, as prescribed by the Bureau under section 1681g(c)(3) of this title.

(2)  DISCLOSURE TO CONSUMER.--

(A)  IN GENERAL--Except as provided in subparagraph (B), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless--

(i)  a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for 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 1681m(a)(3) of this title; and

(ii)  the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.

(C)  SCOPE--Subparagraph (B) shall apply to a person procuring a consumer report on a consumer in connection with the consumer's application for employment only if--

(i)  the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency; and

(ii)  as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.

(3)  CONDITIONS ON USE FOR ADVERSE ACTIONS--

(A)  IN GENERAL--Except as provided in subparagraph (B), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates--

(i)  a copy of the report; and

(ii)  a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g(c)(3) of this title.

(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 consumerreport 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 1681m(a) of this title, within 3 business days of taking such action, an oral, written or electronic notification--

(I)  that adverse action has been taken based in whole or in part on a consumer 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 estab- lished by the agency if the agency compiles and maintains files on consumers on a nationwide basis);

(III)  that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken; and

(IV)  that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.

(ii)  If, under clause (B)(i)(IV), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumer's request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumer's rights as prescribed by the Bureau under section 1681g(c)(3) of this title.

(C)  SCOPE--Subparagraph (B) shall apply to a person procuring a consumer report on a consumer in connection with the consumer's application for employment only if--

(i)  the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency; and

(ii)  as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.

(4) EXCEPTION FOR NATIONAL SECURITY INVESTIGATIONS.--

(A)  In general.--In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph (3) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that--

(i)  the consumer report is relevant to a national security investigation of such agency or department;

(ii)  the investigation is within the jurisdiction of such agency or department;

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

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

(II)  result in flight from prosecution;

(III)  result in the destruction of, or tampering with, evidence relevant to the investigation;

(IV)  result in the intimidation of a potential witness relevant to the investigation;

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

(VI)  otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.

(B)  NOTIFICATION OF CONSUMER UPON CONCLUSION OF INVESTIGATION.--Upon the conclusion of a national security investigation described in subparagraph (A), or upon the determination that the exception under subparagraph (A) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made--

(i)  a copy of such consumer report with any classified information redacted as necessary;

(ii)  notice of any adverse action which is based, in part, on the consumer report; and

(iii)  the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.

(C)  DELEGATION BY HEAD OF AGENCY OR DEPARTMENT.--For purposes of subparagraphs (A) and (B), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.

(D)  DEFINITIONS.--For purposes of this paragraph, the following definitions shall apply:

(i) Classified information.--The term "classified information" means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders.

(ii)  National security investigation.--The term "national security investigation" means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.

(c)  FURNISHING REPORTS IN CONNECTION WITH CREDIT OR INSURANCE TRANSACTIONS THAT ARE NOT INITIATED BY THE CONSUMER.—

(1)  IN GENERAL.--A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph (A) or (C) of subsection (a)(3) in connection with any credit or insurance transaction that is not initiated by the consumer only if--

(A)  the consumer authorizes the agency to provide such report to such person; or

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

(ii)  the consumer reporting agency has complied with subsection (e);

(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), a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.

(d)  RESERVED.

(e)  ELECTION OF CONSUMER TO BE EXCLUDED FROM LISTS.—

(1)  IN GENERAL.--A consumer may elect to have the consumer's name and address excluded from any list provided by a consumer reporting agency under subsection (c)(1)(B) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph (2) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.

(2)  MANNER OF NOTIFICATION.--A consumer shall notify a consumer reporting agency under paragraph (1)--

(A)  through the notification system maintained by the agency under paragraph (5); or

(B)  by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.

(3)  RESPONSE OF AGENCY AFTER NOTIFICATION THROUGH SYSTEM.--Upon receipt of notification of the election of a consumer under paragraph (1) through the notification system maintained by the agency under paragraph (5), a consumer reporting agency shall--

(A)  inform the consumer that the election is effective only for the 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 caseof an election for which a consumer notifies the agency only in accordance with paragraph (2)(A); or

(ii)  until the consumer notifies the agency under subparagraph (C), in the case of an election for which a consumer notifies the agency in accordance with paragraph (2)(B);

(C)  shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph (5), that the election is no longer effective; and

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

(5)  NOTIFICATION SYSTEM—

(A)  IN GENERAL.--Each consumer reporting agency that, under subsection (c)(1)(B), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall--

(i)  establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumer's election to have the consumer's name and address excluded from any such list of names and addresses provided by the agency for such a transaction; and

(ii)  publish by not later than 365 days after the date of enactment of the Consumer Credit Reporting Reform Act of 1996, and not less than annually thereafter, in a publication of general circulation in the area served by the agency--

(I)  a notification that information in consumer files maintained by the agency may be used in connection with such transactions; and

(II)  the address and toll-free telephone number for consumers to use to notify the agency of the consumer's election under clause (i).

(B)  ESTABLISHMENT AND MAINTENANCE AS COMPLIANCE.--Establishment and maintenance of a notification system (including a toll-free telephone number) and publication by a consumer reporting agency on the agency's own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates.

(6)  NOTIFICATION SYSTEM BY AGENCIES THAT OPERATE NATIONWIDE.--Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph (5) jointly with other such consumer reporting agencies.

(f)  CERTAIN USE OR OBTAINING OF INFORMATION PROHIBITED.--A person shall not use or obtain a consumer report for any purpose unless--

(1)  the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section; and

(2)  the purpose is certified in accordance with section 607 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, account, 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 specificprovider 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.

(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)  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.

(B)  FINAL REGULATIONS REQUIRED.--The Federal banking agencies and the National Credit Union Administration shall issue the regulations required under subparagraph (A) in final form before the end of the 6-month period beginning on the date of enactment of the Fair and Accurate Credit Transactions Act of 2003.

(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.

[Codified to 15 U.S.C. 1681b]

[Source:  Section 604 of title VI of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 601 of title VI of the Act of October 26, 1970 (Pub. L. No. 91--508; 84 Stat. 1129), effective April 25, 1971; as amended by section 964(c) of title IX of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 506), effective August 9, 1989; section 352 of title III of the Act of August 22, 1996 (Pub. L. No. 104--0193; 110 Stat. 2240), effective August 22, 1996; sections 2403, 2404(a) and (b) and 2405 of title II of the Act of September 30, 1996 (Pub. L. No. 104--208; 110 Stat. 3009--430--434), effective September 30, 1997; section 311(a) of title III of the Act of November 20, 1997 (Pub. L. No. 105--107; 111 Stat. 2255), effective September 30, 1997; sections 2, 3 and 6(4) of the Act of November 2, 1998 (Pub. L. No. 105--346 and 347; 112 Stat. 3208, 3209, 3210 and 3211, respectively), effective September 30, 1997; section 811(b)(8)(A) of title VIII of the Act of November 27, 2002 (Pub. L. No. 107--306; 116 Stat. 2426), effective November 27, 2002; sections 213(c) and (d) of title II of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1979), sections 361(j)(1) and (2) of title III of the Act of December 13, 2003 (Pub. L. No. 108--177; 117 Stat. 2625), section 411(a) of title IV of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1999), sections 412(c) and (d), 412(f)(1), (f)(2), and (g) of title IV of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 2002 and 2003), and section 811(b) of title VIII of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 2011), effective at the end of the 15-month period (March 4, 2005) beginning on the date of enactment of this Act; section 719 of title VII of the Act of October 13, 2006 (Pub. L. No. 109--351; 120 Stat. 1998), effective October 13, 2006; section 302 of title III of the Act of May 22, 2009 (Pub. L. No. 111--24; 123 Stat. 1748), effective May 22, 2009; section 1088(a)(2)(A) and (4) of title X of the Act of July 21, 2010 (Pub. L. No. 111--203; 124 Stat. 2087), effective July 21, 2010]

§ 605.  Requirements relating to information contained in consumer reports

(a)  INFORMATION EXCLUDED FROM CONSUMER REPORTS.--Except as authorized under subsection (b), no consumer reporting agency may make any consumer report containing any of the following items of information:

(1)  Cases under title 11 of the 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 judgements, 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)  Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.

(6)  The name, address, and telephone number of any medical information furnisher that has notified the agency of its status, unless--

(A)  such name, address, and telephone 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.

(b)  EXEMPTED CASES.--The provisions of paragraphs (1) through (5) subsection (a) are not applicable in the case of any consumer credit report to be used in connection with--

(1)  a credit transaction involving, or which may reasonably be expected to involve, a principal amount of $150,000 or more;

(2)  the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of $150,000 or more; or

(3)  the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal $75,000, or more.

(c)  RUNNING OF REPORTING PERIOD.—-

(1)  IN GENERAL.--The 7-year period referred to in paragraphs (4) and (6) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

(2)  EFFECTIVE DATE.--Paragraph (1) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after the date of enactment of the Consumer Credit Reporting Reform Act of 1996.

(d)  INFORMATION REQUIRED TO BE DISCLOSED.--

(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) 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) 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.--

(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)  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.

(h)  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.

(2)  REGULATIONS.--

(A)  REGULATIONS REQUIRED.--The Bureau shall, with respect to the entities that are subject to their respective enforcement authority under section 621, 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).

(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.

[Codified to 15 U.S.C. 1681c]

[Source:  Section 605 of title VI of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 601 of title VI of the Act of October 26, 1970 (Pub. L. No. 91--508; 84 Stat. 1129), effective April 25, 1971; as amended by section 312(b) of title III of the Act of November 6, 1978 (Pub. L. No. 95--598; 92 Stat. 2676), effective October 1, 1979; section 2406 of title II of the Act of September 30, 1996 (Pub. L. No. 104--208; 110 Stat. 3009--434), effective September 30, 1997; section 5 of the Act of November 2, 1998 (Pub. L. No. 105--347; 112 Stat. 3211), effective September 30, 1997; section 112 of title I of the Act of December 4, 2004 (Pub. L. No. 108--159; 117 Stat. 1955), section 113 of title I of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1959), sections 212(d)(1) and (d)(2) of title II of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1977), section 315 of title III of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1996), sections 412(b) and (c) of title IV of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat 2002), section 811(c)(1) of title VIII of Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 2011), effective date: except as otherwise specifically provided in this Act and the amendments made by this Act (1) before the end of the 2 month period (March 4, 2004) beginning on the date of the enactment of the Act, the Board and the Commission shall jointly prescribe regulations in final form establishing effective dates for each provision of this Act; and (2) the regulations prescribed under paragraph (a) shall establish effective dates that are as early as possible, while allowing reasonable time for the implementation of the provision of this Act, but in no case shall any such effective date be later than 10 months (October 4, 2004) after the date of issuance of such regulations in final form, and section 811(c)(2)(A) of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 2011), effective September 30, 1997; section 1088(a)(2)(D) and 1088(a)(5) of title X of the Act of July 21, 2010 (Pub. L. No. 111--203; 124 Stat. 2087), effective July 21, 2010]

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

(a)  ONE-CALL FRAUD ALERTS.--

(1)  INITIAL ALERTS.--Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, who asserts in good faith a suspicion that the consumer has been or is about to become a victim of fraud or related crime, including identity theft, a 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 90 days, beginning on the date of such request, unless the consumer or such representative requests that such fraud alert be removed before the end of such period, and the agency has received appropriate proof of the 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--

(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).

(b)  EXTENDED ALERTS.--

(1)  IN GENERAL.--Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, who submits an identity theft report to a consumer reporting agency described in section 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 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

(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).

(c)  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 the 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).

(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 received a referral of a fraud alert or active duty alert from another consumer reporting agency pursuant to this section shall, as though the agency received the request from the consumer directly, follow the procedures required under--

(1)  paragraphs (1)(A) and (2) of subsection (a), 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 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 for a new credit plan or increase in credit limit, or request for an additional card is not the result of identity theft.

[Codified to 15 U.S.C. 1681c-1]

[Source: Section 605A added by section 112(a) of title I of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat., 1955), effective date: except as otherwise specifically provided in this Act and the amendments made by the Act--(1) before the end of the 2 month period (March 4, 2004) beginning on the date of the enactment of the Act, the Board and the Commission shall jointly prescribe regulations in final form establishing effective dates for each provision of this Act; and (2) the regulations prescribed under paragraph (a) shall establish effective dates that are as early as possible, while allowing reasonable time for the implementation of the provision of this Act, but in no case shall any such effective date be later than 10 months (October 4, 2004) after the date of issuance of such regulations in final form; section 1088(a)(2)(C) of title X of the Act of July 21, 2010 (Pub. L. No. 111--203; 124 Stat. 2087), effective July 21, 2010]

§ 605B.  Block of information resulting from identity theft

(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;

(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, 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 identify 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.

[Codified to 15 U.S.C. 1681c-2]

[Source: Section 605B added by section 152(a) of title I of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat., 1964), effective date: except as otherwise specifically provided in this Act and the amendments made by the Act--(1) before the end of the 2 month period (March 4, 2004) beginning on the date of the enactment of the Act, the Board and the Commission shall jointly prescribe regulations in final form establishing effective dates for each provision of this Act, and (2) the regulations prescribed under paragraph (a) shall establish effective dates that are as early as possible, while allowing reasonable time for the implementation of the provision of this Act, but in no case shall any such effective date be later than 10 months (October 4, 2004) after the date of issuance of such regulations in final form; section 1088(a)(2)(C) of title X of the Act of July 21, 2010 (Pub. L. No. 111--203; 124 Stat. 2087), effective July 21, 2010]

§ 606.  Disclosure of investigative consumer reports

(a)  DISCLOSURE OR 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);

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

(A)  the person has made the disclosures to the consumer required by paragraph (1); and

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

(b)  DISCLOSURE ON REQUEST OF NATURE AND SCOPE OF INVESTIGATION.--Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection (a)(1), shall make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later.

(c)  LIMITATION ON LIABILITY UPON SHOWING OF REASONABLE PROCEDURES FOR COMPLIANCE WITH PROVISIONS.--No person may be held liable for any violation of subsection (a) or (b) of this section if he shows by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with subsection (a) or (b).

(d)  PROHIBITIONS.--

(1)  CERTIFICATION.--A consumer reporting agency shall not prepare or furnish an 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, 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.

[Codified to 15 U.S.C. 1681d]

[Source:  Section 606 of title VI of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 601 of title VI of the Act of October 26, 1970 (Pub. L. No. 91--508; 84 Stat. 1130), effective April 25, 1971; as amended by sections 2408(d)(2) and 2414 of title II of the Act of September 30, 1996 (Pub. L. No. 104--208; 110 Stat. 3009--438 and 449, respectively), effective September 30, 1997]

§ 607.  Compliance procedures

(a)  IDENTITY AND PURPOSE OF CREDIT USERS.--Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 605 and to limit the furnishing of consumer reports to the purposes listed under section 604. 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.

(b)  Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

(c)  DISCLOSURE OF CONSUMER REPORTS BY USERS ALLOWED.--A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.

(d)  NOTICE TO USERS AND FURNISHERS OF INFORMATION.--

(1)  NOTICE REQUIREMENT.--A consumer reporting agency shall provide to any person--

(A)  who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer; or

(B)  to whom a consumer report is provided by the agency;

a notice of such person's responsibilities under this title.

(2)  CONTENT OF NOTICE.--The Bureau shall prescribe the content of notices under paragraph (1), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph (1) that is substantially similar to the Bureau prescription under this paragraph.

(e)  PROCUREMENT OF CONSUMER REPORT FOR RESALE.--

(1)  DISCLOSURE.--A person may not procure a consumer report for purposes of reselling the report (or any 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 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, including by requiring that each person to which the report (or information) is resold and that resells or provides the report (or information) to any other person--

(i)  identifies each end user of the resold report (or information);

(ii)  certifies each purpose for which the report (or information) will be used; and

(iii)  certifies that the report (or information) will be used for no other purpose; and

(B)  before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph (A).

(3)  RESALE OF CONSUMER REPORT TO A FEDERAL AGENCY OR DEPARTMENT.--Notwithstanding paragraph (1) or (2), a person who procures a consumer report for purposes of reselling the report (or any information in the report) shall not disclose the identity of the end-user of the report under paragraph (1) or (2) if--

(A)  the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information (as defined in section 604(b)(4)(E)(i)); and

(B)  the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department.

[Codified to 15 U.S.C. 1681e]

[Source:  Section 607 of title VI of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 601 of title VI of the Act of October 26, 1970 (Pub. L. No. 91--508; 84 Stat. 1130), effective April 25, 1971; as amended by section 2407 of title II of the Act of September 30, 1996 (Pub. L. No. 104--208; 110 Stat. 3009--435 and 436), effective September 30, 1997; section 311(b) of title III of the Act of November 20, 1997 (Pub. L. No. 105--107; 111 Stat. 2256), effective September 30, 1997; section 1088(2)(A) of title X of the Act of July 21, 2010 (Pub. L. No. 111--203; 124 Stat. 2087), effective July 21, 2010]

§ 608.  Disclosures to governmental agencies

Notwithstanding the provisions of section 604, 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.

[Codified to 15 U.S.C. 1681f]

[Source:  Section 608 of title VI of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 601 of title VI of the Act of October 26, 1970 (Pub. L. No. 91--508; 84 Stat. 1131), effective April 25, 1971]

§ 609.  Disclosures to consumers

(a)  INFORMATION ON FILE; SOURCES; REPORT RECIPIENTS.--Every consumer reporting agency shall, upon request; and subject to section 610(a)(1), 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 used for no other purpose need not be disclosed: Provided, That in the event an action is brought under this title, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought.

(3)(A)  Identification of each person (including each end user identified under section 607(e)(1)) that procured a consumer report--

(i)  for employment purposes, during the 2-year period preceding the date on which the request is made; or

(ii)  for any other purpose, during the 1-year period preceding the date on which the request is made.

(B)  An identification of a person under subparagraph (A) shall include--

(i)  the name of the person or, if applicable, the trade name (written in full) under which such person conducts business; and

(ii)  upon request of the consumer, the address and telephone number of the person.

(C)  Subparagraph (A) does not apply if--

(i)  the end user is an agency or department of the United States Government that procures that 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)  EXEMPTION INFORMATION.--The requirements of subsection (a) 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.--

(1)  COMMISSION SUMMARY OF RIGHTS REQUIRED.--

(A)  IN GENERAL.--The Commission 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--

(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 Commission 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 Commission prescribed under section 612(a)(1)(C).

(C)  AVAILABILITY OF SUMMARY OF RIGHTS.--

The Commission shall--

(i)  actively publicize the availability of the summary of rights prepared under this paragraph;

(ii)  conspicuously post on its Internet website the availability of such summary of rights; and

(iii)  promptly make such summary of rights available to consumers, on request.

(2)  SUMMARY OF RIGHTS REQUIRED TO BE INCLUDED WITH AGENCY DISCLOSURES.--A consumer reporting agency shall provide to a consumer, with each written disclosure by the agency to the consumer under this 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;

(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.

(d)  SUMMARY OF RIGHTS OF IDENTITY THEFT VICTIMS.--

(1)  IN GENERAL.--The Commission, in consultation with the Federal Banking agencies and the National Credit Union Administration, shall prepare a model summary of the rights of consumers under this 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 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)  an1 , in consultation with the Federal Trade Commission the Federal banking agencies and the National Credit Union Administration, shall develop a model form and model procedures to be used by consumers who are victims of identity theft for contacting and informing creditors and consumer reporting agencies of the fraud.

(3)  ANNUAL SUMMARY REPORTS.--Each consumer reporting agency described in section 603(p) shall submit an annual summary report to the Bureau on consumer complaints received by the agency on identity theft or fraud alert.

(g)  BUREAU REGULATION OF CODING OF TRADE NAMES.--If the Bureau determines that a person described in paragraph (9) of section 623(a) has not met the requirements of such paragraph, the Bureau shall take action to ensure the person's compliance with such paragraph, which may include issuing model guidance or prescribing reasonable policies and procedures, as necessary to ensure that such person complies with such paragraph.

[Codified to 15 U.S.C. 1681s]

[Source:  Section 621 of title VI of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 601 of title VI of the Act of October 26, 1970 (Pub. L. No. 91--508; 84 Stat. 1134), effective April 25, 1971; as amended by section 9(n) of the Act of October 4, 1984 (Pub. L. No. 98--443; 98 Stat 1708); section 744(l) of title VII of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 439), effective August 9, 1989; section 212(c) of title II of the Act of December 19, 1991 (Pub. L. No. 102--242; 105 Stat. 2300), effective December 19, 1991; section 1604(a)(6) of title XVI of the Act of October 28, 1992 (Pub. L. No. 102--550; 106 Stat. 4082), effective December 19, 1991; section 314 of title III of the Act of December 29, 1995 (Pub. L. No. 104--88; 109 Stat. 948), effective December 29, 1995; sections 2413(a)(2), 2416, 2417 and 2418 of the Act of September 30, 1996 (Pub. L. No. 104--208; 110 Stat. 3009--447, 450, and 451, respectively), effective September 30, 1997; section 6(6) of the Act of November 2, 1998 (Pub. L. No. 105--347; 112 Stat. 3211), effective September 30, 1997; sections 506(a) and (b) of title V of the Act of November 12, 1999 (Pub. L. No. 106--102; Stat. 113 1441 and 1442), effective November 12, 1999; section 153 of title I of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1966), sections 312(e)(2)(A) and (B) of title III of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1993), effective date: except as otherwise specifically provided in this Act and the amendments made by this Act--(1) before the end of the 2 month period (March 4, 2004) beginning on the date of the enactment of the Act, the Board and the Commission shall jointly prescribe regulations in final form establishing effective dates for each provision of this Act; and (2) the regulations prescribed under paragraph (a) shall establish effective dates that are as early as possible, while allowing reasonable time for the implementation of the provision of this Act, but in no case shall any such effective date be later than 10 months (October 4, 2004) after the date of issuance of such regulations in final form; section 1088(a)(2)(A)--(C) and 1088(a)(10)(A)--(E) of title X of the Act of July 21, 2010 (Pub. L. No. 111--203; 124 Stat. 2087--2090), effective July 21, 2010]

§ 623.  Responsibilities of furnishers of information to consumer reporting agencies

(a)  DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION.--

(1)  PROHIBITION.--

(A)  REPORTING INFORMATION WITH ACTUAL KNOWLEDGE OF ERRORS.--A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

(B)  REPORTING INFORMATION AFTER NOTICE AND CONFIRMATION OF ERRORS.--A person shall not furnish information relating to a consumer to any consumer reporting agency if--

(i)  the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and

(ii)  the information is, in fact, inaccurate.

(C)  NO ADDRESS REQUIREMENT.--A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph (B) shall not be subject to subparagraph (A); however, nothing in subparagraph (B) shall require a person to specify such an address.

(D)  DEFINITION.--For purposes of subparagraph (A), the term "reasonable cause to believe that the information is inaccurate" means having specific knowledge, other than solely allegations by the consumers, that would cause a reasonable person to have substantial doubts about the accuracy of the information.

(2)  DUTY TO CORRECT AND UPDATE INFORMATION.--A person who--

(A)  regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and

(B)  has furnished to a consumer reporting agency information that the person determines is not complete or accurate;

shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.

(3)  DUTY TO PROVIDE NOTICE OF DISPUTE.--If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

(4)  DUTY TO PROVIDE NOTICE OF CLOSED ACCOUNTS.--A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.

(5)  DUTY TO PROVIDE NOTICE OF DELINQUENCY OF ACCOUNTS. (A)  IN GENERAL.--A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action.

(B)  RULE OF CONSTRUCTION.--For purposes of this paragraph only and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if--

(i)  the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency;

(ii)  the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency; or

(iii)  the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency cannot be reasonably obtained as provided in clause (ii), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency.

(6)  DUTIES OF FURNISHERS UPON NOTICE OF IDENTITY THEFT—RELATED INFORMATION.--

(A)  REASONABLE PROCEDURES.--A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 605B relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information.

(B)  INFORMATION ALLEGED TO RESULT FROM IDENTITY THEFT.--If a consumer submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified by that person for receiving such reports stating that information maintained by such person that purports to relate to the consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to any consumer reporting agency, unless the person subsequently knows or is informed by the consumer that the information is correct.

(7)  NEGATIVE INFORMATION.--

(A)  NOTICE TO CONSUMER REQUIRED.--

(i)  IN GENERAL.--If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 603(p) furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer.

(ii)  NOTICE EFFECTIVE FOR SUBSEQUENT SUBMISSIONS.--After providing such notice, the financial institution may submit additional negative information to a consumer reporting agency described in section 603(p) with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer.

(B)  TIME OF NOTICE.--

(i)  IN GENERAL.--The notice required under subparagraph (A) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 603(p).

(ii)  COORDINATION WITH NEW ACCOUNT DISCLOSURES.--If the notice is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided under section 127(a) of the Truth in Lending Act.

(C)  COORDINATION WITH OTHER DISCLOSURES.--The notice required under subparagraph (A)--

(i)  may be included on or with any notice of default, any billing statement, or any other materials provided to the customer; and

(ii)  must be clear and conspicuous.

(D)  MODEL DISCLOSURE.--

(i)  DUTY OF BUREAU.--The Bureau shall prescribe a brief model disclosure that a financial institution may use to comply with subparagraph (A), which shall not exceed 30 words.

(ii)  USE OF MODEL NOT REQUIRED.--No provision of this paragraph may be construed to require a financial institution to use any such model form prescribed by the Bureau.

(iii)  COMPLIANCE USING MODEL.--A financial institution shall be deemed to be in compliance with subparagraph (A) if the financial institution uses any model form prescribed by the Bureau under this subparagraph, or the financial institution uses any such model form and rearranges its format.

(E)  USE OF NOTICE WITHOUT SUBMITTING NEGATIVE INFORMATION.--No provision of this paragraph shall be construed as requiring a financial institution that has provided a customer with a notice described in subparagraph (A) to furnish negative information about the customer to a consumer reporting agency.

(F)  SAFE HARBOR.--A financial institution shall not be liable for failure to perform the duties required by this paragraph if, at the time of the failure, the financial institution maintained reasonable policies and procedures to comply with this paragraph or the financial institution reasonably believed that the institution is prohibited, by law, from contacting the consumer.

(G)  DEFINITIONS.--For purposes of this paragraph, the following definitions shall apply:

(i)  NEGATIVE INFORMATION.--The term "negative information" means information concerning a customer's delinquencies, late payments, insolvency, or any form of default.

(ii)  CUSTOMER FINANCIAL INSTITUTION.--The term "customer" and "financial institution" have the same meanings as in section 509 Public Law 106--102.

(8)  ABILITY OF CONSUMER TO DISPUTE INFORMATION DIRECTLY WITH FURNISHER.--

(A)  IN GENERAL.--The Bureau, in consultation with the Federal Trade Commission, the Federal banking agencies, the National Credit Union Administration, shall jointly prescribe regulations that shall identify the circumstances under which a furnisher shall be required to reinvestigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer.

(B)  CONSIDERATIONS.--In prescribing regulations under subparagraph (A), the agencies shall weigh--

(i)  the benefits to consumers with the costs on furnishers and the credit reporting system;

(ii)  the impact on the overall accuracy and integrity of consumer reports of any such requirements;

(iii)  whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute; and

(iv)  the potential impact on the credit reporting process if credit repair organizations, as defined in section 403(3), including entities that would be a credit repair organization, but for section 403(3)(B)(i), are able to circumvent the prohibition in subparagraph (G).

(C)  APPLICABILITY.--Subparagraphs (D) and (G) shall apply in any circumstance identified under the regulations promulgated under subparagraph (A).

(D)  SUBMITTING A NOTICE OF DISPUTE.--A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that--

(i)  identifies the specific information that is being disputed;

(ii)  explains the basis for the disputes; and

(iii)  includes all supporting documentation required by the furnisher to substantiate the basis of the dispute.

(E)  DUTY OF PERSON AFTER RECEIVING NOTICE OF DISPUTE.--After receiving a notice of dispute from a consumer pursuant to subparagraph (D), the person that provided the information in dispute to a consumer reporting agency shall--

(i)  conduct an investigation with respect to the disputed information;

(ii)  review all relevant information provided by the consumer with the notice;

(iii)  complete such person's investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 611(a)(1) within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and

(iv)  if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.

(F)  FRIVOLOUS OR IRRELEVANT DISPUTE.--

(i)  IN GENERAL.--This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including--

(I)  by reason of the failure of a consumer to provide sufficient information to investigate the disputed information; or

(II)  the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection (b), with respect to which the person has already performed the person's duties under this paragraph or subsection (b), as applicable.

(ii)  NOTICE OF DETERMINATION.--Upon making any determination under clause (i) that a dispute is frivolous or irrelevant, the person 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 person.

(iii)  CONTENTS OF NOTICE.--A notice under clause (ii) shall include--

(I)  the reasons for the determination under clause (i); 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.

(G)  EXCLUSION OF CREDIT REPAIR ORGANIZATIONS.--This paragraph shall not apply if the notice of the dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form supplied to the consumer by, a credit repair organization, as defined in section 403(3), or an entity that would be a credit repair organization, but for section 403(3)(B)(i).

(9)  DUTY TO PROVIDE NOTICE OF STATUS AS MEDICAL INFORMATION FURNISHER.--A person whose primary business is providing medical services, products, or devices, or the person's agent or assignee, who furnishes information to a consumer reporting agency on a consumer shall be considered a medical information furnisher for purposes of this title, and shall notify the agency of such status.

(b)  DUTIES OF FURNISHERS OF INFORMATION UPON NOTICE OF DISPUTE.--

(1)  IN GENERAL.--After receiving notice pursuant to section 611(a)(2) of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall--

(A)  conduct an investigation with respect to the disputed information;

(B)  review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2);

(C)  report the results of the investigation to the consumer reporting agency;

(D)  if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis; and

(E)  if an item of information disputed by a consumer is found to be inaccurate or incomplete or cannot be verified after any reinvestigation under paragraph (1), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly--

(i)  modify that item of information;

(ii)  delete that item of information; or

(iii)  permanently block the reporting of that item of information.

(2)  DEADLINE.--A person shall complete all investigations, reviews, and reports required under paragraph (1) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 611(a)(1) within which the consumer reporting agency is required to complete actions required by that section regarding that information.

(c)  LIMITATION ON LIABILITY.--Except as provided in section 621(c)(1)(B), sections 616 and 617 do not apply to any violation of--

(1)  subsection (a) of this section, including any regulations issued thereunder;

(2)  subsection (e) of this section, except that nothing in this paragraph shall limit, expand, or otherwise affect liability under section 616 and 617, as applicable, for violations of subsection (b) of this section; or

(3)  subsection (e) of section 615.

(d)  LIMITATION ON ENFORCEMENT.--The provisions of law described in paragraphs (1) through (3) of subsection (c) (other than with respect to the exception described in paragraph (2) of subsection (c)) shall be enforced exclusively as provided under section 621 by the Federal agencies and officials and the State officials identified in section 621.

(e)  ACCURACY GUIDELINES AND REGULATIONS REQUIRED.--

(1)  GUIDELINES.--The Bureau shall, with respect to persons or entities that are subject to the enforcement authority of the Bureau under section 621--

(A)  establish and maintain guidelines for use by each person that furnishes information to a consumer reporting agency regarding the accuracy and integrity of the information relating to consumers that such entities furnish to consumer reporting agencies, and update such guidelines as often as necessary; and

(B)  prescribe regulations requiring each person that furnishes information to a consumer reporting agency to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph (A).

(2)  CRITERIA.--In developing the guidelines required by paragraph (1)(A), the Bureau shall--

(A)  identify patterns, practices, and specific forms of activity that can compromise the accuracy and integrity of information furnished to consumer reporting agencies;

(B)  review the methods (including technological means) used to furnish information relating to consumers to consumer reporting agencies;

(C)  determine whether persons that furnish information to consumer reporting agencies maintain and enforce policies to ensure the accuracy and integrity of information furnished to consumer reporting agencies; and

(D)  examine the policies and processes that persons that furnish information to consumer reporting agencies employ to conduct reinvestigations and correct inaccurate information relating to consumers that has been furnished to consumer reporting agencies.

[Codified to 15 U.S.C. 1681s--2]

[Source:  Section 623 of title VI of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 2413(a)(2) of title II of the Act of September 30, 1996 (Pub. L. No. 104--208; 110 Stat. 447), effective September 30, 1997; section 154(a) of title I of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1966, sections 312(a)--(e) of title III of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1989, 1990, 1992, and 1993, respectively), section 314(b) of title III of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1995 and 1196, and section 412(a) of title IV of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 2002), effective date: except as otherwise specifically provided in this Act and the amendments made by this Act--(1) before the end of the 2 month period (March 4, 2004) beginning on the date of the enactment of the Act, the Board and the Commission shall jointly prescribe regulations in final form establishing effective dates for each provision of this Act; and (2) the regulations prescribed under paragraph (a) shall establish effective dates that are as early as possible, while allowing reasonable time for the implementation of the provision of this Act, but in no case shall any such effective date be later than 10 months (October 4, 2004) after the date of issuance of such regulations in final form; section 1088(a)(2)(C), and 1088(a)(11)(A)--(C) of title X of the Act of July 21, 2010 (Pub. L. No. 111--203; 124 Stat. 2087--2091), effective July 21, 2010]

§ 624.  Affiliate sharing.

(a)  SPECIAL RULE FOR SOLICITATION FOR PURPOSES OF MARKETING.--

(1)  NOTICE.--Any person that receives from another person related to it by common ownership or affiliated by corporate control a communication of information that would be a consumer report, but for clauses (i), (ii), and (iii) of section 603(d)(2)(A), may not use the information to make a solicitation for marketing purposes to a consumer about its products or services, unless--

(A)  it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons for purposes of making such solicitations to the consumer; and

(B)  the consumer is provided an opportunity and a simple method to prohibit the making of such solicitations to the consumer by such person.

(2) CONSUMER CHOICE.--

(A)  IN GENERAL.--The notice required under paragraph (1) shall allow the consumer the opportunity to prohibit all solicitations referred to in such paragraph, and may allow the consumer to choose from different options when electing to prohibit the sending of such solicitations, including options regarding the types of entities and information covered, and which methods of delivering solicitations the consumer elects to prohibit.

(B)  FORMAT.--Notwithstanding subparagraph (A), the notice required under paragraph (1) shall be clear, conspicuous, and concise, and any method provided under paragraph (1)(B) shall be simple. The regulations prescribed to implement this section shall provide specific guidance regarding how to comply with such standards.

(3)  DURATION.—

(A)  IN GENERAL.--The election of a consumer pursuant to paragraph (1)(B) to prohibit the making of solicitations shall be effective for at least 5 years, beginning on the date on which the person receives the election of the consumer, unless the consumer requests that such election be revoked.

(B)  NOTICE UPON EXPIRATION OF EFFECTIVE PERIOD.--At such time as the election of a consumer pursuant to paragraph (1)(B) is no longer effective, a person may not use information that the person receives in the manner described in paragraph (1) to make any solicitation for marketing purposes to the consumer, unless the consumer receives a notice and an opportunity, using a simple method, to extend the opt-out for another period of at least 5 years, pursuant to the procedures described in paragraph (1).

(4)  SCOPE.--This section shall not apply to a person--

(A)  using information to make a solicitation for marketing purposes to a consumer with whom the person has a pre-existing business relationship;

(B)  using information to facilitate communications to an individual for whose benefit the person provides employee benefit or other services pursuant to a contract with an employer related to and arising out of the current employment relationship or status of the individual as a participant or beneficiary of an employee benefit plan;

(C)  using information to perform services on behalf of another person related by common ownership or affiliated by corporate control, except that this subparagraph shall not be construed as permitting a person to send solicitations on behalf of another person, if such other person would not be permitted to send the solicitation on its own behalf as a result of the election of the consumer to prohibit solicitations under paragraph (1)(B);

(D)  using information in response to a communication initiated by the consumer;

(E)  using information in response to solicitations authorized or requested by the consumer; or

(F)  if compliance with this section by that person would prevent compliance by that person with any provision of State insurance laws pertaining to unfair discrimination in any State in which the person is lawfully doing business.

(5)  NO RETROACTIVITY.--This subsection shall not prohibit the use of information to send a solicitation to a consumer if such information was received prior to the date on which persons are required to comply with regulations implementing this subsection.

(b)  NOTICE FOR OTHER PURPOSES PERMISSIBLE.--A notice or other disclosure under this section may be coordinated and consolidated with any other notice required to be issued under any other provision of law by a person that is subject to this section, and a notice or other disclosure that is equivalent to the notice required by subsection (a), and that is provided by a person described in subsection (a) to a consumer together with disclosures required by any other provision of law, shall satisfy the requirements of subsection (a).

(c)  USER REQUIREMENTS.--Requirements with respect to the use by a person of information received from another person related to it by common ownership or affiliated by corporate control, such as the requirements of this section, constitute requirements with respect to the exchange of information among persons affiliated by common ownership or common corporate control, within the meaning of section 625(b)(2).

(d)  DEFINITIONS.--For purposes of this section, the following definitions shall apply:

(1)  PRE-EXISTING BUSINESS RELATIONSHIP.--The term "pre-existing business relationship" means a relationship between a person, or a person's licensed agent, and a consumer, based on--

(A)  a financial contract between a person and a consumer which is in force;

(B)  the purchase, rental, or lease by the consumer of that person's goods or services, or a financial transaction (including holding an active account or a policy in force or having another continuing relationship) between the consumer and that person during the 18-month period immediately preceding the date on which the consumer is sent a solicitation covered by this section;

(C)  an inquiry or application by the consumer regarding a product or service offered by that person, during the 3-month period immediately preceding the date on which the consumer is sent a solicitation covered by this section; or

(D)  any other pre-existing customer relationship defined in the regulations implementing this section.

(2)  SOLICITATION.--The term "solicitation" means the marketing of a product or service initiated by a person to a particular consumer that is based on an exchange of information described in subsection (a), and is intended to encourage the consumer to purchase such product or service, but does not include communications that are directed at the general public or determined not to be a solicitation by the regulations prescribed under this section.

[Codified to 15 U.S.C. 1681s-3]

[Source: Section 624 added by section 214(a)(2) of title II of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1980), effective date: except as otherwise specifically provided in this Act and the amendments made by this Act--(1) before the end of the 2 month period (March 4, 2004) beginning on the date of the enactment of the Act, the Board and the Commission shall jointly prescribe regulations in final form establishing effective dates for each provision of this Act; and (2) the regulations prescribed under paragraph (a) shall establish effective dates that are as early as possible, while allowing reasonable time for the implementation of the provision of this Act, but in no case shall any such effective date be later than 10 months (October 4, 2004) after the date of issuance of such regulations in final form]

§ 625.  Relation to State laws

(a)  IN GENERAL.--Except as provided in subsections (a) and (b) of this title does not annul, alter, affect, or exempt any person subject to the provisions of this title from complying with the laws of any State with respect to the collection, distribution, or use of any information on consumers, or for the prevention or mitigation of identity theft, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency.

(b)  GENERAL EXCEPTIONS.--No requirement or prohibition may be imposed under the laws of any State--

(1)  with respect to any subject matter regulated under--

(A)  subsection (c) or (e) of section 604, relating to the prescreening of consumer reports;

(B)  section 611, relating to the time by which a consumer reporting agency must take any action, including the provision of notification to a consumer or other person, in any procedure related to the disputed accuracy of information in a consumer's file, except that this subparagraph shall not apply to any State law in effect on the date of enactment of the Consumer Credit Reporting Reform Act of 1996;

(C)  subsections (a) and (b) of section 615, relating to the duties of a person who takes any adverse action with respect to a consumer;

(D)  section 615(d), relating to the duties of persons who use a consumer report of a consumer in connection with any credit or insurance transaction that is not initiated by the consumer and that consists of a firm offer of credit or insurance;

(E)  section 605, relating to information contained in consumer reports, except that this subparagraph shall not apply to any State law in effect on the date of enactment of the Consumer Credit Reporting Reform Act of 1996;

(F)  section 623, relating to the responsibilities of persons who furnish information to consumer reporting agencies, except that this paragraph shall not apply--

(i)  with respect to section 54A(a) of chapter 93 of the Massachusetts Annotated Laws (as in effect on the date of enactment of the Consumer Credit Reporting Reform Act of 1996); or

(ii)  with respect to section 1785.25(a) of the California Civil Code (as in effect on the date of enactment of the Consumer Credit Reporting Reform Act of 1996);

(G)  section 609(e), relating to information available to victims under section 609(e);

(H)  section 624, relating to the exchange and use of information to make a solicitation for marketing purposes; or

(I)  section 615(h), relating to the duties of users of consumer reports to provide notice with respect to terms in certain credit transactions;

(2)  with respect to the exchange of information among persons affiliated by common ownership or common corporate control, except that this paragraph shall not apply with respect to subsection (a) or (c)(1) of section 2480e of title 9, Vermont Statutes Annotated (as in effect on the date of enactment of the Consumer Credit Reporting Reform Act of 1996);

(3)  with respect to the disclosures required to be made under subsection (c), (d), (e), or (g) of section 609, or subsection (f) of section 609 relating to the disclosure of credit scores for credit granting purposes, except that this paragraph--

(A)  shall not apply with respect to sections 1785.10, 1785.16, and 1785.20.2 of the California Civil Code (as in effect on the date of enactment of the Fair and Accurate Credit Transactions Act of 2003) and section 1785.15 through section 1785.15.2 of such Code (as in effect on such date);

(B)  shall not apply with respect to sections 5--3--106(2) and 212--14.3--104.3 of the Colorado Revised Statutes (as in effect on the date of enactment of the Fair and Accurate Credit Transactions Act of 2003); and

(C)  shall not be construed as limiting, annulling, affecting, or superseding any provision of the laws of any State regulating the use in an insurance activity, or regulating disclosures concerning such use, of a credit-based insurance score of a consumer by any person engaged in the business of insurance;

(4)  with respect to the frequency of any disclosure under section 612(a), except that this paragraph shall not apply--

(A)  with respect to section 12--14.3--105(1)(d) of the Colorado Revised Statutes (as in effect on the date of enactment of the Fair and Accurate Credit Transactions Act of 2003);

(B)  with respect to section 10--1--393(29)(C) of the Georgia Code (as in effect on the date of enactment of the Fair and Accurate Credit Transactions Act of 2003);

(C)  with respect to section 1316.2 of title 10 of the Maine Revised Statutes (as in effect on the date of enactment of the Fair and Accurate Credit Transactions Act of 2003);

(D)  with respect to sections 14--1209(a)(1) and 14--1209(b)(1)(i) of the Commercial Law Article of the Code of Maryland (as in effect on the date of enactment of the Fair and Accurate Credit Transactions Act of 2003);

(E)  with respect to section 59(d) and section 59(e) of chapter 93 of the General Laws of Massachusetts (as in effect on the date of enactment of the Fair and Accurate Credit Transaction Act of 2003);

(F)  with respect to section 56:11--37.10(a)(1) of the New Jersey Revised Statutes (as in effect on the date of enactment of the Fair and Accurate Credit Transactions Act of 2003); or

(G)  with respect to section 2480c(a)(1) of title 9 of the Vermont Statutes Annotated (as in effect on the date of enactment of the Fair and Accurate Credit Transactions Act of 2003); or

(5)  with respect to the conduct required by the specific provisions of--

(A)  section 605(g);

(B)  section 605A;

(C)  section 605B;

(D)  section 609(a)(1)(A);

(E)  section 612(a);

(F)  subsections (e), (f), and (g) of section 615;

(G)  section 621(f);

(H)  section 623(a)(6); or

(I)  section 628.

(c)  DEFINITION OF FIRM OFFER OF CREDIT OR INSURANCE.--Notwithstanding any definition of the term "firm offer of credit or insurance" (or any equivalent term) under the laws of any State, the definition of that term contained in section 603(l) shall be construed to apply in the enforcement and interpretation of the laws of any State governing consumer reports.

(d)  LIMITATIONS.--Subsections (b) and (c) do not affect any settlement, agreement, or consent judgment between any State Attorney General and any consumer reporting agency in effect on the date of enactment of the Consumer Credit Reporting Reform Act of 1996.

[Codified to 15 U.S.C. 1681t]

[Source:  Section 625 [formerly section 622] of title VI of the Act of May 29, 1968 (Pub. L. No. 90--321), as added by section 601 of title IV of the Act of October 26, 1970 (Pub. L. No. 91--508; 84 Stat. 116), effective April 25, 1971; renumbered as section 623 by section 2(a) of the Act of October 27, 1992 (Pub. L. No. 102--537; 106 Stat. 3531), effective October 27, 1992; sections 2413(a)(1) and 2419 of title II of the Act of September 30, 1996 (Pub. L. No. 104--208; 110 Stat. 447 and 452), effective September 30, 1997; section 151(a)(2) of title I of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1961), sections 212(e), 214(a)(1), 214(c)(2) and 311(b) of title II of the Act of December 4, 2004 (Pub. L. No. 108--159; 117 Stat. 1980, 1983, 1989, 1997 and 1998, respectively), and section 711 of title VII of the Act of December 4, 2003 (Pub. L. No. 108--158; 117 Stat. 2011), effective date: except as otherwise specifically provided in this Act and amendments made by this Act--(1) before the end of the 2 month period (March 4, 2004) beginning on the date of the enactment of the Act, the Board and the Commission shall jointly prescribe regulations in final form establishing effective dates for each provision of this Act; and (2) the regulations prescribed under paragraph (a) shall establish effective dates that are as early as possible, while allowing reasonable time for the implementation of the provision of this Act, but in no case shall any such effective date be later than 10 months (October 4, 2004) after the date of issuance of such regulations in final form]

§ 626.  Disclosures to FBI for counterintelligence purposes

(a)  IDENTITY OF FINANCIAL INSTITUTIONS.--

Notwithstanding section 1681b of this title or any other provision of this subchapter, a consumer reporting agency shall furnish to the Federal Bureau of Investigation the names and addresses of all financial institutions (as that term is defined in section 3401 of Title 12) at which a consumer maintains or has maintained an account, to the extent that information is in the files of the agency, when presented with a written request for that information, signed by the Director of the Federal Bureau of Investigation, or the Director's designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director, which certifies compliance with this section. The Director or the Director's designee may make such a certification only if the Director or the Director's designee has determined in writing that such information is sought for the conduct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.

(b)  IDENTIFYING INFORMATION.--

Notwithstanding the provisions of section 1681b of this title or any other provision of this subchapter, a consumer reporting agency shall furnish identifying information respecting a consumer, limited to name, address, former addresses, places of employment, or former places of employment, to the Federal Bureau of Investigation when presented with a written request, signed by the Director of the director's designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director, which certifies compliance with this subsection. The Director of the Director's designee may make such a certification only if the Director or the Director's designee has determined in writing that such information is sought for the conduct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.

(c)  COURT ORDER FOR DISCLOSURE OF CONSUMER REPORTS.--

Notwithstanding section 1681b of this title or any other provision of this subchapter, if requested in writing by the Director of the Federal Bureau of Investigation, or a designee of the Director in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director, a court may issue an order ex parte directing a consumer reporting agency to furnish a consumer report to the Federal Bureau of Investigation, upon a showing in camera that the consumer report is sought for the conduct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.

The terms of an order issued under this subsection shall not disclose that the order is issued for purposes of a counterintelligence investigation.

(d)  CONFIDENTIALITY.--

(1)  If the Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advise or legal assistance with respect to the request) that the Federal Bureau of Investigation has sought or obtained the identity of financial institutions or a consumer report respecting any consumer under subsection (a), (b), or (c), and no consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall include in any consumer report any information that would indicate that the Federal Bureau of Investigation has sought or obtained such information on a consumer report.

(2)  The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1).

(3)  Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice or legal assistance with respect to the request shall inform such persons of any applicable nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph (1).

(4)  At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under this section shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, except that nothing in this section shall require a person to inform the Director or such designee of the identity of an attorney to whom disclosure was made or will be made to obtain legal advice or legal assistance with respect to the request for the identity of financial institutions or a consumer report respecting any consumer under this section.

(e)  PAYMENT OF FEES.--

The Federal Bureau of Investigation shall, subject to the availability of appropriations, pay to the consumer reporting agency assembling or providing report or information in accordance with procedures established under this section a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching, reproducing, or transporting books, papers, records, or other data required or requested to be produced under this section.

(f)  LIMIT ON DISSEMINATION.--

The Federal Bureau of Investigation may not disseminate information obtained pursuant to this section outside of the Federal Bureau of Investigation, except to other Federal agencies as may be necessary for the approval or conduct of a foreign counterintelligence investigation, or, where the information concerns a person subject to the Uniform Code of Military Justice, to appropriate investigative authorities within the military department concerned as may be necessary for the conduct of a joint foreign counterintelligence investigation.

(g)  RULES OF CONSTRUCTION.--

Nothing in this section shall be construed to prohibit information from being furnished by the Federal Bureau of Investigation pursuant to a subpoena or court order, in connection with a judicial or administrative proceeding to enforce the provisions of this subchapter. Nothing in this section shall be construed to authorize or permit the withholding of information from the Congress.

(h)  REPORTS TO CONGRESS.--

(1)  On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence and the Committee on Banking, Finance and Urban Affairs of the House of Representatives, and the Select Committee on Intelligence and the Committee on Banking, Housing, and Urban Affairs of the Senate concerning all requests made pursuant to subsections (a), (b), and (c) of this section.

(2)  In the case of the semiannual reports required to be submitted under paragraph (1) to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, the submittal dates for such reports shall be as provided in section 507 of the National Security Act of 1947.

(i)  DAMAGES.--

Any agency or department of the United States obtaining or disclosing any consumer reports, records, or information contained therein in violation of this section is liable to the consumer to whom such consumer reports, records, or information relate in an amount equal to the sum of--

(1)  $100, without regard to the volume of consumer reports, records, or information involved;

(2)  any actual damages sustained by the consumer as a result of the disclosure;

(3)  if the violation is found to have been willful or intentional, such punitive damages as a court may allow; and

(4)  in the case of any successful action to enforce liability under this subsection, the costs of the action, together with reasonable attorney fees, as determined by the court.

(j)  DISCIPLINARY ACTIONS FOR VIOLATIONS.--

If a court determines that any agency or department of the United States has violated any provision of this section and the court finds that the circumstances surrounding the violation raise questions of whether or not an officer or employee of the agency or department acted willfully or intentionally with respect to the violation, the agency or department shall promptly initiate a proceeding to determine whether or not disciplinary action is warranted against the officer or employee who was responsible for the violation.

(k)  GOOD-FAITH EXCEPTION.--

Notwithstanding any other provision of this subchapter, any consumer reporting agency or agent or employee thereof making disclosure of consumer reports or identifying information pursuant to this subsection in good-faith reliance upon a certification of the Federal Bureau of Investigation pursuant to provisions of this section shall not be liable to any person for such disclosure under this subchapter, the constitution of any State, or any law or regulation of any State or any political subdivision of any State.

(l)  LIMITATION OF REMEDIES.--

Notwithstanding any other provision of this subchapter, the remedies and sanctions set forth in this section shall be the only judicial remedies and sanctions for violation of this section.

(m)  INJUNCTIVE RELIEF.--

In addition to any other remedy contained in this section, injunctive relief shall be available to require compliance with the procedures of this section. In the event of any successful action under this subsection, costs together with reasonable attorney fees, as determined by the court, may be recovered.

[Codified to 15 U.S.C. 1681u]

[Source: Section 625 added by section 358(g)(1)(B) and amended by section 505 of title III of the Act of October 26, 2001 (Pub. L. No. 107--56; 115 Stat. 327), effective October 26, 2001; section 811(b)(8)(B) of title VIII of the Act of November 27, 2002 (Pub. L. No. 107--306; 116 Stat. 2426), effective November 27, 2002; section 214(a)(1) of title II of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1980), effective date: except as otherwise specifically provided in this Act and the amendments made by this Act--(1) before the end of the 2 month period (March 4, 2004) beginning on the date of the enactment of the Act, the Board and the Commission shall jointly prescribe regulations in final form establishing effective dates for each provision of this Act; and (2) the regulations prescribed under paragraph (a) shall establish effective dates that are as early as possible, while allowing reasonable time for the implementation of the provision of this Act, but in no case shall any such effective date be later than 10 months (October 4, 2004) after the date of issuance of such regulations in final form; section 116(b) of the Act of March 9, 2006 (Pub. L. No. 109--177; 120 Stat. 214), effective March 9, 2006; section 4(c)(2) of title I of the Act of March 9, 2006 (Pub. L. No. 109--178; 120 Stat. 280), effective March 9, 2006]

§ 627.  Disclosures to Governmental Agencies for Counterterrorism Purposes

(a)  DISCLOSURE.--Notwithstanding section 604 or any other provision of this title, a consumer reporting agency shall furnish a consumer report of a consumer and all other information in a consumer's file to a government agency authorized to conduct investiga- tions of, or intelligence or counterintelligence activities or analysis related to, international terrorism when presented with a written certification by such government agency that such information is necessary for the agency's conduct or such investigation, activity or analysis.

(b)  FORM OF CERTIFICATION.--The certification described in subsection (a) shall be signed by a supervisory official designated by the head of a Federal agency or an officer of a Federal agency whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate.

(c)  CONFIDENTIALITY.--

(1)  If the head of a government agency authorized to conduct investigations of intelligence or counterintelligence activities or analysis related to international terrorism, or his designee, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no consumer reporting agency or officer, employee, or agent of such consumer reporting agency, shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request), or specify in any consumer report, that a government agency has sought or obtained access to information under subsection (a).

(2)  The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1).

(3)  Any recipient disclosing to those persons necessary to comply with the request or to any attorney to obtain legal advice or legal assistance with respect to the request shall inform such persons of any applicable nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph (1).

(4)  At the request of the authorized government agency, any person making or intending to make a disclosure under this section shall identify to the requesting official of the authorized government agency the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, except that nothing in this section shall require a person to inform the requesting official of the identity of an attorney to whom disclosure was made or will be made to obtain legal advice or legal assistance with respect to the request for information under subsection (a).

(d)  RULE OF CONSTRUCTION.--Nothing in section 626 shall be construed to limit the authority of the Director of the Federal Bureau of Investigation under this section.

(e)  SAFE HARBOR.--Notwithstanding any other provision of this title, any consumer reporting agency or agent or employee thereof making disclosure of consumer reports or other information pursuant to this section in good-faith reliance upon a certification of a governmental agency pursuant to the provisions of this section shall not be liable to any person for such disclosure under this subchapter, the constitution of any State, or any law or regulation of any State or any political subdivision of any State.

(f)  REPORTS TO CONGRESS.--(1) On a semi-annual basis, the Attorney General shall fully inform the Committee on the Judiciary, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate concerning all requests made pursuant to subsection (a).

(2)  In the case of the semiannual reports required to be submitted under paragraph (1) to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, the submittal dates for such reports shall be as provided in section 507 of the National Security Act of 1947 (50 U.S.C. 415b).

[Codified to 15 U.S.C. 1681v]

[Source: Section 627 as added by section 358(g)(1)(A) of title III of the Act of October 26, 2001 (Pub. L. No. 106--57; 115 Stat. 327), effective October 26, 2001; section 214(a)(1) and (c)(3) of title II of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1980 and 1983), effective date: except as otherwise specifically provided in this Act and the amendments of this Act--(1) before the end of the 2 month period (March 4, 2004) beginning on the date of the enactment of the Act, the Board and the Commission shall jointly prescribe regulations in final form establishing effective dates for each provision of this Act; and (2) the regulations prescribed under paragraph (a) shall establish effective dates that are as early as possible, while allowing reasonable time for the implementation of the provision of this Act, but in no case shall any such effective date be later than 10 months (October 4, 2004) after the date of issuance of such regulations in final form; section 4(c)(2) of the Act of March 9, 2006 (Pub. L. No. 109--178; 120 Stat. 280), effective March 9, 2006; section 116(c) of title I of the Act of March 9. 2006 (Pub. L. No. 109--177; 120 State. 214), effective March 9, 2006; section 118(b) of title I of the Act of March 9, 2006 (Pub. L. No. 109--177; 120 Stat. 217), effective March 9, 2006]

§ 628.  Disposal of records.

(a)  REGULATIONS.--

(1)  IN GENERAL.--The Federal Trade Commission, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal banking agencies, and the National Credit Union Administration, with respect to the entities that are subject to their respective enforcement authority under section 621 of this title, and in coordination as described in paragraph (2), shall issue final regulations requiring any person that maintains or otherwise possesses consumer information, or any compilation of consumer information, derived from consumer reports for a business purpose to properly dispose of any such information or compilation.

(2)  COORDINATION.--Each agency required to prescribe regulations under paragraph (1) shall--

(A)  consult and coordinate with each other such agency so that, to the extent possible, the regulations prescribed by each such agency are consistent and comparable with the regulations by each such other agency; and

(B)  ensure that such regulations are consistent with the requirements and regulations issued pursuant to Public Law 106--102 and other provisions of Federal law.

(3)  EXEMPTION AUTHORITY.--In issuing regulations under this section, the agencies identified in paragraph (1) may exempt any person or class of persons from application of those regulations, as such agency deems appropriate to carry out the purpose of this section.

(b)  RULE OF CONSTRUCTION.--Nothing in this section shall be construed--

(1)  to require a person to maintain or destroy any record pertaining to a consumer that is not imposed under other law; or

(2)  to alter or affect any requirement imposed under any other provision of law to maintain or destroy such a record.

[Codified to 15 U.S.C. 1681w]

[Source: Section 628 added by section 216(a) of title II of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1985), effective date: except as otherwise specifically provided in this Act and the amendments made by this Act--(1) before the end of the 2 month period (March 4, 2004) beginning on the date of the enactment of the Act, the Board and the Commission shall jointly prescribe regulations in final form establishing effective dates for each provision of this Act; and (2) the regulations prescribed under paragraph (a) shall establish effective dates that are as early as possible, while allowing reasonable time for the implementation of the provision of this Act, but in no case shall any such effective date be later than 10 months (October 4, 2004) after the date of issuance of such regulations in final form; section 1088(a)(12) and (13) of title X of the Act of July 21, 2010 (Pub. L. No. 111--203; 124 Stat. 2092), effective July 21, 2010]

§ 629.  Corporate and technological circumvention prohibited

The Commission shall prescribe regulations, to become effective not later than 90 days after the date of enactment of this section, to prevent a consumer reporting agency from circumventing or evading treatment as a consumer reporting agency described in section 603(p) for purposes of this title, including--

(1)  by means of a corporate reorganization or restructuring, including a merger, acquisition, dissolution, divestiture, or asset sale of a consumer reporting agency; or

(2)  by maintaining or merging public record and credit account information in a manner that is substantially equivalent to that described in paragraphs (1) and (2) of section 603(p), in the manner described in section 603(p).

[Codified to 15 U.S.C. 1681x]

[Source: Section 629 added by section 211(b) of title II of the Act of December 4, 2003 (Pub. L. No. 108--159; 117 Stat. 1970), effective date: except as otherwise specifically provided in this Act and the amendments of made by this Act--(1) before the end of the 2 month period (March 4, 2004) beginning on the date of the enactment of the Act, the Board and the Commission shall jointly prescribe regulations in final form establishing effective dates for each provision of this Act; and (2) the regulations prescribed under paragraph (a) shall establish effective dates that are as early as possible, while allowing reasonable time for the implementation of the provision of this Act, but in no case shall any such effective date be later than 10 months (October 4, 2004) after the date of issuance of such regulations in final form]

1So in original. Probably should be "creditworthiness". Go back to Text

1So in original. Probably should be "The Bureau." Go back to Text


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Last updated September 16, 2013 regs@fdic.gov