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    THE FAIR CREDIT REPORTING ACT

    As a public service, the staff of the Federal Trade Commission (FTC) has
    prepared the following complete text of the Fair Credit Reporting Act
    (FCRA), 15 U.S.C. § 1681 et seq. Although staff generally followed the
    format of the U.S. Code as published by the Government Printing Office, the
    format of this text does differ in minor ways from the Code (and from West's
    U.S. Code Annotated). For example, this version uses FCRA section numbers
    (§§ 601-625) in the headings. (The relevant U.S. Code citation is included
    with each section heading and each reference to the FCRA in the text.)

    This version of the FCRA is complete as of January 7, 2002. It includes the
    amendments to the FCRA set forth in the Consumer Credit Reporting Reform Act
    of 1996 (Public Law 104-208, the Omnibus Consolidated Appropriations Act for
    Fiscal Year 1997, Title II, Subtitle D, Chapter 1), Section 311 of the
    Intelligence Authorization for Fiscal Year 1998 (Public Law 105-107), the
    Consumer Reporting Employment Clarification Act of 1998 (Public Law
    105-347), Section 506 of the Gramm-Leach-Bliley Act (Public Law 106-102),
    and Sections 358(g) and 505(c) of the Uniting and Strengthening America by
    Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act
    of 2001 (USA PATRIOT Act) (Public Law 107-56).


    § 601. Short title

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

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


    (a) Accuracy and fairness of credit reporting. The Congress makes the
    following findings:


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

    (2) An elaborate mechanism has been developed for investigating and
    evaluating the credit worthiness, credit standing, credit capacity,
    character, and general reputation of consumers.

    (3) Consumer reporting agencies have assumed a vital role in assembling and
    evaluating consumer credit and other information on consumers.

    (4) There is a need to insure that consumer reporting agencies exercise
    their grave responsibilities with fairness, impartiality, and a respect for
    the consumer's right to privacy.
    (b) Reasonable procedures. It is the purpose of this title to require that
    consumer reporting agencies adopt reasonable procedures for meeting the
    needs of commerce for consumer credit, personnel, insurance, and other
    information in a manner which is fair and equitable to the consumer, with
    regard to the confidentiality, accuracy, relevancy, and proper utilization
    of such information in accordance with the requirements of this title.

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

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

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

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

    (d) Consumer report.

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

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

    (B) employment purposes; or

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

    (2) Exclusions. The term "consumer report" does not include

    (A) any

    (i) report containing information solely as to transactions or experiences
    between the consumer and the person making the report;

    (ii) communication of that information among persons related by common
    ownership or affiliated by corporate control; or

    (iii) communication of other information among persons related by common
    ownership or affiliated by corporate control, if it is clearly and
    conspicuously disclosed to the consumer that the information may be
    communicated among such persons and the consumer is given the opportunity,
    before the time that the information is initially communicated, to direct
    that such information not be communicated among such persons;

    (B) any authorization or approval of a specific extension of credit directly
    or indirectly by the issuer of a credit card or similar device;

    (C) any report in which a person who has been requested by a third party to
    make a specific extension of credit directly or indirectly to a consumer
    conveys his or her decision with respect to such request, if the third party
    advises the consumer of the name and address of the person to whom the
    request was made, and such person makes the disclosures to the consumer
    required under section 615 [§ 1681m]; or

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

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


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

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

    (i) The term "medical information" means information or records obtained,
    with the consent of the individual to whom it relates, from licensed
    physicians or medical practitioners, hospitals, clinics, or other medical or
    medically related facilities.

    (j) Definitions relating to child support obligations.

    (1) Overdue support. The term "overdue support" has the meaning given to
    such term in section 666(e) of title 42 [Social Security Act, 42 U.S.C. §
    666(e)].

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

    (1) Actions included. The term "adverse action"

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

    (B) means

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

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

    (iii) a denial or cancellation of, an increase in any charge for, or any
    other adverse or unfavorable change in the terms of, any license or benefit
    described in section 604(a)(3)(D) [§ 1681b]; and

    (iv) an action taken or determination that is

    (I) made in connection with an application that was made by, or a
    transaction that was initiated by, any consumer, or in connection with a
    review of an account under section 604(a)(3)(F)(ii)[§ 1681b]; and

    (II) adverse to the interests of the consumer.

    (2) Applicable findings, decisions, commentary, and orders. For purposes of
    any determination of whether an action is an adverse action under paragraph
    (1)(A), all appropriate final findings, decisions, commentary, and orders
    issued under section 701(d)(6) of the Equal Credit Opportunity Act by the
    Board of Governors of the Federal Reserve System or any court shall apply.
    (l) Firm offer of credit or insurance. The term "firm offer of credit or
    insurance" means any offer of credit or insurance to a consumer that will be
    honored if the consumer is determined, based on information in a consumer
    report on the consumer, to meet the specific criteria used to select the
    consumer for the offer, except that the offer may be further conditioned on
    one or more of the following:

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

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

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

    (2) Verification

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

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

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

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

    (B) disclosed to the consumer in the offer of credit or insurance.
    (m) Credit or insurance transaction that is not initiated by the consumer.
    The term"credit or insurance transaction that is not initiated by the
    consumer" does not include the use of a consumer report by a person with
    which the consumer has an account or insurance policy, for purposes of

    (1) reviewing the account or insurance policy; or

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

    (o) Excluded communications. A communication is described in this subsection
    if it is a communication

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

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

    (A) procuring an employee for the employer; or

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

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

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

    (5) with respect to which

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

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

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

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

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

    (C) the person who makes the communication

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

    (ii) notifies the consumer who is the subject of the communication, in
    writing, of the consumer's right to request the information described in
    clause (i).
    (p) Consumer reporting agency that compiles and maintains files on consumers
    on a nationwide basis. The term "consumer reporting agency that compiles and
    maintains files on consumers on a nationwide basis" means a consumer
    reporting agency that regularly engages in the practice of assembling or
    evaluating, and maintaining, for the purpose of furnishing consumer reports
    to third parties bearing on a consumer's credit worthiness, credit standing,
    or credit capacity, each of the following regarding consumers residing
    nationwide:

    (1) Public record information.

    (2) Credit account information from persons who furnish that information
    regularly and in the ordinary course of business.
    § 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b]

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

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

    (2) In accordance with the written instructions of the consumer to whom it
    relates.
    (3) To a person which it has reason to believe

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

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

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

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

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

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

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

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

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

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

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

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

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

    (5) To an agency administering a State plan under Section 454 of the Social
    Security Act (42 U.S.C. § 654) for use to set an initial or modified child
    support award.
    (b) Conditions for furnishing and using consumer reports for employment
    purposes.

    (1) Certification from user. A consumer reporting agency may furnish a
    consumer report for employment purposes only if

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

    (i) the person has complied with paragraph (2) with respect to the consumer
    report, and the person will comply with paragraph (3) with respect to the
    consumer report if paragraph (3) becomes applicable; and

    (ii) information from the consumer report will not be used in violation of
    any applicable Federal or State equal employment opportunity law or
    regulation; and

    (B) the consumer reporting agency provides with the report, or has
    previously provided, a summary of the consumer's rights under this title, as
    prescribed by the Federal Trade Commission under section 609(c)(3) [§
    1681g].

    (2) Disclosure to consumer.

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

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

    (ii) the consumer has authorized in writing (which authorization may be made
    on the document referred to in clause (i)) the procurement of the report by
    that person.

    (B) Application by mail, telephone, computer, or other similar means. If a
    consumer described in subparagraph (C) applies for employment by mail,
    telephone, computer, or other similar means, at any time before a consumer
    report is procured or caused to be procured in connection with that
    application--

    (i) the person who procures the consumer report on the consumer for
    employment purposes shall provide to the consumer, by oral, written, or
    electronic means, notice that a consumer report may be obtained for
    employment purposes, and a summary of the consumer's rights under section
    615(a)(3); and

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

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

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

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

    (3) Conditions on use for adverse actions.

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

    (i) a copy of the report; and

    (ii) a description in writing of the rights of the consumer under this
    title, as prescribed by the Federal Trade Commission under section
    609(c)(3).

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

    (i) If a consumer described in subparagraph (C) applies for employment by
    mail, telephone, computer, or other similar means, and if a person who has
    procured a consumer report on the consumer for employment purposes takes
    adverse action on the employment application based in whole or in part on
    the report, then the person must provide to the consumer to whom the report
    relates, in lieu of the notices required under subparagraph (A) of this
    section and under section 615(a), within 3 business days of taking such
    action, an oral, written or electronic notification--

    (I) that adverse action has been taken based in whole or in part on a
    consumer report received from a consumer reporting agency;

    (II) of the name, address and telephone number of the consumer reporting
    agency that furnished the consumer report (including a toll-free telephone
    number established by the agency if the agency compiles and maintains files
    on consumers on a nationwide basis);

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

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

    (ii) If, under clause (B)(i)(IV), the consumer requests a copy of a consumer
    report from the person who procured the report, then, within 3 business days
    of receiving the consumer's request, together with proper identification,
    the person must send or provide to the consumer a copy of a report and a
    copy of the consumer's rights as prescribed by the Federal Trade Commission
    under section 609(c)(3).

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

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

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

    (4) Exception for national security investigations.

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

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

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

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

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

    (II) result in flight from prosecution;

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

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

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

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

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

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

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

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

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

    (D) Report to the congress. Not later than January 31 of each year, the head
    of each agency and department of the United States Government that exercised
    authority under this paragraph during the preceding year shall submit a
    report to the Congress on the number of times the department or agency
    exercised such authority during the year.

    (E) Definitions. For purposes of this paragraph, the following definitions
    shall apply:

    (i) Classified information. The term `classified information' means
    information that is protected from unauthorized disclosure under Executive
    Order No. 12958 or successor orders.
    (ii) National security investigation. The term `national security
    investigation' means any official inquiry by an agency or department of the
    United States Government to determine the eligibility of a consumer to
    receive access or continued access to classified information or to determine
    whether classified information has been lost or compromised.
    (c) Furnishing reports in connection with credit or insurance transactions
    that are not initiated by the consumer.

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

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

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

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

    (iii) there is not in effect an election by the consumer, made in accordance
    with subsection (e), to have the consumer's name and address excluded from
    lists of names provided by the agency pursuant to this paragraph.

    (2) Limits on information received under paragraph (1)(B). A person may
    receive pursuant to paragraph (1)(B) only

    (A) the name and address of a consumer;

    (B) an identifier that is not unique to the consumer and that is used by the
    person solely for the purpose of verifying the identity of the consumer; and

    (C) other information pertaining to a consumer that does not identify the
    relationship or experience of the consumer with respect to a particular
    creditor or other entity.

    (3) Information regarding inquiries. Except as provided in section 609(a)(5)
    [§ 1681g], a consumer reporting agency shall not furnish to any person a
    record of inquiries in connection with a credit or insurance transaction
    that is not initiated by a consumer.
    (d) Reserved.

    (e) Election of consumer to be excluded from lists.

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

    (2) Manner of notification. A consumer shall notify a consumer reporting
    agency under paragraph (1)

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

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

    (3) Response of agency after notification through system. Upon receipt of
    notification of the election of a consumer under paragraph (1) through the
    notification system maintained by the agency under paragraph (5), a consumer
    reporting agency shall

    (A) inform the consumer that the election is effective only for the 2-year
    period following the election if the consumer does not submit to the agency
    a signed notice of election form issued by the agency for purposes of
    paragraph (2)(B); and

    (B) provide to the consumer a notice of election form, if requested by the
    consumer, not later than 5 business days after receipt of the notification
    of the election through the system established under paragraph (5), in the
    case of a request made at the time the consumer provides notification
    through the system.

    (4) Effectiveness of election. An election of a consumer under paragraph (1)

    (A) shall be effective with respect to a consumer reporting agency beginning
    5 business days after the date on which the consumer notifies the agency in
    accordance with paragraph (2);

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

    (i) subject to subparagraph (C), during the 2-year period beginning 5
    business days after the date on which the consumer notifies the agency of
    the election, in the case of an election for which a consumer notifies the
    agency only in accordance with paragraph (2)(A); or

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

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

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

    (5) Notification system.

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

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

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

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

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

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

    (6) Notification system by agencies that operate nationwide. Each consumer
    reporting agency that compiles and maintains files on consumers on a
    nationwide basis shall establish and maintain a notification system for
    purposes of paragraph (5) jointly with other such consumer reporting
    agencies.
    (f) Certain use or obtaining of information prohibited. A person shall not
    use or obtain a consumer report for any purpose unless

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

    (2) the purpose is certified in accordance with section 607 [§ 1681e] by a
    prospective user of the report through a general or specific certification.
    (g) Furnishing reports containing medical information. A consumer reporting
    agency shall not furnish for employment purposes, or in connection with a
    credit or insurance transaction, a consumer report that contains medical
    information about a consumer, unless the consumer consents to the furnishing
    of the report.

    § 605. Requirements relating to information contained in consumer reports
    [15 U.S.C. § 1681c]

    (a) Information excluded from consumer reports. Except as authorized under
    subsection (b) of this section, no consumer reporting agency may make any
    consumer report containing any of the following items of information:

    (1) Cases under title 11 [United States Code] or under the Bankruptcy Act
    that, from the date of entry of the order for relief or the date of
    adjudication, as the case may be, antedate the report by more than 10 years.

    (2) Civil suits, civil judgments, and records of arrest that from date of
    entry, antedate the report by more than seven years or until the governing
    statute of limitations has expired, whichever is the longer period.

    (3) Paid tax liens which, from date of payment, antedate the report by more
    than seven years.

    (4) Accounts placed for collection or charged to profit and loss which
    antedate the report by more than seven years.(1)

    (5) Any other adverse item of information, other than records of convictions
    of crimes which antedates the report by more than seven years.1
    (b) Exempted cases. The provisions of subsection (a) of this section are not
    applicable in the case of any consumer credit report to be used in
    connection with

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

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

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

    (1) In general. The 7-year period referred to in paragraphs (4) and (6)(2)
    of subsection (a) shall begin, with respect to any delinquent account that
    is placed for collection (internally or by referral to a third party,
    whichever is earlier), charged to profit and loss, or subjected to any
    similar action, upon the expiration of the 180-day period beginning on the
    date of the commencement of the delinquency which immediately preceded the
    collection activity, charge to profit and loss, or similar action.

    (2) Effective date. Paragraph (1) shall apply only to items of information
    added to the file of a consumer on or after the date that is 455 days after
    the date of enactment of the Consumer Credit Reporting Reform Act of 1996.
    (d) Information required to be disclosed. Any consumer reporting agency that
    furnishes a consumer report that contains information regarding any case
    involving the consumer that arises under title 11, United States Code, shall
    include in the report an identification of the chapter of such title 11
    under which such case arises if provided by the source of the information.
    If any case arising or filed under title 11, United States Code, is
    withdrawn by the consumer before a final judgment, the consumer reporting
    agency shall include in the report that such case or filing was withdrawn
    upon receipt of documentation certifying such withdrawal.

    (e) Indication of closure of account by consumer. If a consumer reporting
    agency is notified pursuant to section 623(a)(4) [§ 1681s-2] that a credit
    account of a consumer was voluntarily closed by the consumer, the agency
    shall indicate that fact in any consumer report that includes information
    related to the account.

    (f) Indication of dispute by consumer. If a consumer reporting agency is
    notified pursuant to section 623(a)(3) [§ 1681s-2] that information
    regarding a consumer who was furnished to the agency is disputed by the
    consumer, the agency shall indicate that fact in each consumer report that
    includes the disputed information.

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

    (a) Disclosure of fact of preparation. A person may not procure or cause to
    be prepared an investigative consumer report on any consumer unless

    (1) it is clearly and accurately disclosed to the consumer that an
    investigative consumer report including information as to his character,
    general reputation, personal characteristics and mode of living, whichever
    are applicable, may be made, and such disclosure

    (A) is made in a writing mailed, or otherwise delivered, to the consumer,
    not later than three days after the date on which the report was first
    requested, and

    (B) includes a statement informing the consumer of his right to request the
    additional disclosures provided for under subsection (b) of this section and
    the written summary of the rights of the consumer prepared pursuant to
    section 609(c) [§ 1681g]; and

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

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

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

    (c) Limitation on liability upon showing of reasonable procedures for
    compliance with provisions. No person may be held liable for any violation
    of subsection (a) or (b) of this section if he shows by a preponderance of
    the evidence that at the time of the violation he maintained reasonable
    procedures to assure compliance with subsection (a) or (b) of this section.

    (d) Prohibitions.

    (1) Certification. A consumer reporting agency shall not prepare or furnish
    investigative consumer report unless the agency has received a certification
    under subsection (a)(2) from the person who requested the report.

    (2) Inquiries. A consumer reporting agency shall not make an inquiry for the
    purpose of preparing an investigative consumer report on a consumer for
    employment purposes if the making of the inquiry by an employer or
    prospective employer of the consumer would violate any applicable Federal or
    State equal employment opportunity law or regulation.

    (3) Certain public record information. Except as otherwise provided in
    section 613 [§ 1681k], a consumer reporting agency shall not furnish an
    investigative consumer report that includes information that is a matter of
    public record and that relates to an arrest, indictment, conviction, civil
    judicial action, tax lien, or outstanding judgment, unless the agency has
    verified the accuracy of the information during the 30-day period ending on
    the date on which the report is furnished.

    (4) Certain adverse information. A consumer reporting agency shall not
    prepare or furnish an investigative consumer report on a consumer that
    contains information that is adverse to the interest of the consumer and
    that is obtained through a personal interview with a neighbor, friend, or
    associate of the consumer or with another person with whom the consumer is
    acquainted or who has knowledge of such item of information, unless

    (A) the agency has followed reasonable procedures to obtain confirmation of
    the information, from an additional source that has independent and direct
    knowledge of the information; or

    (B) the person interviewed is the best possible source of the information.
    § 607. Compliance procedures [15 U.S.C. § 1681e]

    (a) Identity and purposes of credit users. Every consumer reporting agency
    shall maintain reasonable procedures designed to avoid violations of section
    605 [§ 1681c] and to limit the furnishing of consumer reports to the
    purposes listed under section 604 [§ 1681b] of this title. These procedures
    shall require that prospective users of the information identify themselves,
    certify the purposes for which the information is sought, and certify that
    the information will be used for no other purpose. Every consumer reporting
    agency shall make a reasonable effort to verify the identity of a new
    prospective user and the uses certified by such prospective user prior to
    furnishing such user a consumer report. No consumer reporting agency may
    furnish a consumer report to any person if it has reasonable grounds for
    believing that the consumer report will not be used for a purpose listed in
    section 604 [§ 1681b] of this title.

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

    (c) Disclosure of consumer reports by users allowed. A consumer reporting
    agency may not prohibit a user of a consumer report furnished by the agency
    on a consumer from disclosing the contents of the report to the consumer, if
    adverse action against the consumer has been taken by the user based in
    whole or in part on the report.

    (d) Notice to users and furnishers of information.

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

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

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

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

    (2) Content of notice. The Federal Trade Commission shall prescribe the
    content of notices under paragraph (1), and a consumer reporting agency
    shall be in compliance with this subsection if it provides a notice under
    paragraph (1) that is substantially similar to the Federal Trade Commission
    prescription under this paragraph.
    (e) Procurement of consumer report for resale.

    (1) Disclosure. A person may not procure a consumer report for purposes of
    reselling the report (or any information in the report) unless the person
    discloses to the consumer reporting agency that originally furnishes the
    report

    (A) the identity of the end-user of the report (or information); and

    (B) each permissible purpose under section 604 [§ 1681b] for which the
    report is furnished to the end-user of the report (or information).

    (2) Responsibilities of procurers for resale. A person who procures a
    consumer report for purposes of reselling the report (or any information in
    the report) shall

    (A) establish and comply with reasonable procedures designed to ensure that
    the report (or information) is resold by the person only for a purpose for
    which the report may be furnished under section 604 [§ 1681b], including by
    requiring that each person to which the report (or information) is resold
    and that resells or provides the report (or information) to any other person

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

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

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

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

    (3) Resale of consumer report to a federal agency or department.
    Notwithstanding paragraph (1) or (2), a person who procures a consumer
    report for purposes of reselling the report (or any information in the
    report) shall not disclose the identity of the end-user of the report under
    paragraph (1) or (2) if--

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

    (B) the agency or department certifies in writing to the person reselling
    the report that nondisclosure is necessary to protect classified information
    or the safety of persons employed by or contracting with, or undergoing
    investigation for work or contracting with the agency or department.
    § 608. Disclosures to governmental agencies [15 U.S.C. § 1681f]

    Notwithstanding the provisions of section 604 [§ 1681b] of this title, a
    consumer reporting agency may furnish identifying information respecting any
    consumer, limited to his name, address, former addresses, places of
    employment, or former places of employment, to a governmental agency.

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

    (a) Information on file; sources; report recipients. Every consumer
    reporting agency shall, upon request, and subject to 610(a)(1) [§ 1681h],
    clearly and accurately disclose to the consumer:

    (1) All information in the consumer's file at the time of the request,
    except that nothing in this paragraph shall be construed to require a
    consumer reporting agency to disclose to a consumer any information
    concerning credit scores or any other risk scores or predictors relating to
    the consumer.

    (2) The sources of the information; except that the sources of information
    acquired solely for use in preparing an investigative consumer report and
    actually used for no other purpose need not be disclosed: Provided, That in
    the event an action is brought under this title, such sources shall be
    available to the plaintiff under appropriate discovery procedures in the
    court in which the action is brought.

    (3)(A) Identification of each person (including each end-user identified
    under section 607(e)(1) [§ 1681e]) that procured a consumer report

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

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

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

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

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

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

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

    (ii) the head of the agency or department makes a written finding as
    prescribed under section 604(b)(4)(A).

    (4) The dates, original payees, and amounts of any checks upon which is
    based any adverse characterization of the consumer, included in the file at
    the time of the disclosure.

    (5) A record of all inquiries received by the agency during the 1-year
    period preceding the request that identified the consumer in connection with
    a credit or insurance transaction that was not initiated by the consumer.
    (b) Exempt information. The requirements of subsection (a) of this section
    respecting the disclosure of sources of information and the recipients of
    consumer reports do not apply to information received or consumer reports
    furnished prior to the effective date of this title except to the extent
    that the matter involved is contained in the files of the consumer reporting
    agency on that date.

    (c) Summary of rights required to be included with disclosure.

    (1) Summary of rights. A consumer reporting agency shall provide to a
    consumer, with each written disclosure by the agency to the consumer under
    this section

    (A) a written summary of all of the rights that the consumer has under this
    title; and

    (B) in the case of a consumer reporting agency that compiles and maintains
    files on consumers on a nationwide basis, a toll-free telephone number
    established by the agency, at which personnel are accessible to consumers
    during normal business hours.

    (2) Specific items required to be included. The summary of rights required
    under paragraph (1) shall include

    (A) a brief description of this title and all rights of consumers under this
    title;

    (B) an explanation of how the consumer may exercise the rights of the
    consumer under this title;

    (C) a list of all Federal agencies responsible for enforcing any provision
    of this title and the address and any appropriate phone number of each such
    agency, in a form that will assist the consumer in selecting the appropriate
    agency;

    (D) a statement that the consumer may have additional rights under State law
    and that the consumer may wish to contact a State or local consumer
    protection agency or a State attorney general to learn of those rights; and

    (E) a statement that a consumer reporting agency is not required to remove
    accurate derogatory information from a consumer's file, unless the
    information is outdated under section 605 [§ 1681c] or cannot be verified.

    (3) Form of summary of rights. For purposes of this subsection and any
    disclosure by a consumer reporting agency required under this title with
    respect to consumers' rights, the Federal Trade Commission (after
    consultation with each Federal agency referred to in section 621(b) [§
    1681s]) shall prescribe the form and content of any such disclosure of the
    rights of consumers required under this title. A consumer reporting agency
    shall be in compliance with this subsection if it provides disclosures under
    paragraph (1) that are substantially similar to the Federal Trade Commission
    prescription under this paragraph.

    (4) Effectiveness. No disclosures shall be required under this subsection
    until the date on which the Federal Trade Commission prescribes the form and
    content of such disclosures under paragraph (3).
    § 610. Conditions and form of disclosure to consumers [15 U.S.C. § 1681h]

    (a) In general.

    (1) Proper identification. A consumer reporting agency shall require, as a
    condition of making the disclosures required under section 609 [§ 1681g],
    that the consumer furnish proper identification.

    (2) Disclosure in writing. Except as provided in subsection (b), the
    disclosures required to be made under section 609 [§ 1681g] shall be
    provided under that section in writing.
    (b) Other forms of disclosure.

    (1) In general. If authorized by a consumer, a consumer reporting agency may
    make the disclosures required under 609 [§ 1681g]

    (A) other than in writing; and

    (B) in such form as may be

    (i) specified by the consumer in accordance with paragraph (2); and

    (ii) available from the agency.

    (2) Form. A consumer may specify pursuant to paragraph (1) that disclosures
    under section 609 [§ 1681g] shall be made

    (A) in person, upon the appearance of the consumer at the place of business
    of the consumer reporting agency where disclosures are regularly provided,
    during normal business hours, and on reasonable notice;

    (B) by telephone, if the consumer has made a written request for disclosure
    by telephone;

    (C) by electronic means, if available from the agency; or

    (D) by any other reasonable means that is available from the agency.

    (c) Trained personnel. Any consumer reporting agency shall provide trained
    personnel to explain to the consumer any information furnished to him
    pursuant to section 609 [§ 1681g] of this title.

    (d) Persons accompanying consumer. The consumer shall be permitted to be
    accompanied by one other person of his choosing, who shall furnish
    reasonable identification. A consumer reporting agency may require the
    consumer to furnish a written statement granting permission to the consumer
    reporting agency to discuss the consumer's file in such person's presence.

    (e) Limitation of liability. Except as provided in sections 616 and 617 [§§
    1681n and 1681o] of this title, no consumer may bring any action or
    proceeding in the nature of defamation, invasion of privacy, or negligence
    with respect to the reporting of information against any consumer reporting
    agency, any user of information, or any person who furnishes information to
    a consumer reporting agency, based on information disclosed pursuant to
    section 609, 610, or 615 [§§ 1681g, 1681h, or 1681m] of this title or based
    on information disclosed by a user of a consumer report to or for a consumer
    against whom the user has taken adverse action, based in whole or in part on
    the report, except as to false information furnished with malice or willful
    intent to injure such consumer.

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

    (a) Reinvestigations of disputed information.

    (1) Reinvestigation required.

    (A) In general. If the completeness or accuracy of any item of information
    contained in a consumer's file at a consumer reporting agency is disputed by
    the consumer and the consumer notifies the agency directly of such dispute,
    the agency shall reinvestigate free of charge and record the current status
    of the disputed information, or delete the item from the file in accordance
    with paragraph (5), before the end of the 30-day period beginning on the
    date on which the agency receives the notice of the dispute from the
    consumer.

    (B) Extension of period to reinvestigate. Except as provided in subparagraph
    (C), the 30-day period described in subparagraph (A) may be extended for not
    more than 15 additional days if the consumer reporting agency receives
    information from the consumer during that 30-day period that is relevant to
    the reinvestigation.

    (C) Limitations on extension of period to reinvestigate. Subparagraph (B)
    shall not apply to any reinvestigation in which, during the 30-day period
    described in subparagraph (A), the information that is the subject of the
    reinvestigation is found to be inaccurate or incomplete or the consumer
    reporting agency determines that the information cannot be verified.

    (2) Prompt notice of dispute to furnisher of information.

    (A) In general. Before the expiration of the 5-business-day period beginning
    on the date on which a consumer reporting agency receives notice of a
    dispute from any consumer in accordance with paragraph (1), the agency shall
    provide notification of the dispute to any person who provided any item of
    information in dispute, at the address and in the manner established with
    the person. The notice shall include all relevant information regarding the
    dispute that the agency has received from the consumer.

    (B) Provision of other information from consumer. The consumer reporting
    agency shall promptly provide to the person who provided the information in
    dispute all relevant information regarding the dispute that is received by
    the agency from the consumer after the period referred to in subparagraph
    (A) and before the end of the period referred to in paragraph (1)(A).

    (3) Determination that dispute is frivolous or irrelevant.

    (A) In general. Notwithstanding paragraph (1), a consumer reporting agency
    may terminate a reinvestigation of information disputed by a consumer under
    that paragraph if the agency reasonably determines that the dispute by the
    consumer is frivolous or irrelevant, including by reason of a failure by a
    consumer to provide sufficient information to investigate the disputed
    information.

    (B) Notice of determination. Upon making any determination in accordance
    with subparagraph (A) that a dispute is frivolous or irrelevant, a consumer
    reporting agency shall notify the consumer of such determination not later
    than 5 business days after making such determination, by mail or, if
    authorized by the consumer for that purpose, by any other means available to
    the agency.

    (C) Contents of notice. A notice under subparagraph (B) shall include

    (i) the reasons for the determination under subparagraph (A); and

    (ii) identification of any information required to investigate the disputed
    information, which may consist of a standardized form describing the general
    nature of such information.

    (4) Consideration of consumer information. In conducting any reinvestigation
    under paragraph (1) with respect to disputed information in the file of any
    consumer, the consumer reporting agency shall review and consider all
    relevant information submitted by the consumer in the period described in
    paragraph (1)(A) with respect to such disputed information.

    (5) Treatment of inaccurate or unverifiable information.

    (A) In general. If, after any reinvestigation under paragraph (1) of any
    information disputed by a consumer, an item of the information is found to
    be inaccurate or incomplete or cannot be verified, the consumer reporting
    agency shall promptly delete that item of information from the consumer's
    file or modify that item of information, as appropriate, based on the
    results of the reinvestigation.

    (B) Requirements relating to reinsertion of previously deleted material.

    (i) Certification of accuracy of information. If any information is deleted
    from a consumer's file pursuant to subparagraph (A), the information may not
    be reinserted in the file by the consumer reporting agency unless the person
    who furnishes the information certifies that the information is complete and
    accurate.

    (ii) Notice to consumer. If any information that has been deleted from a
    consumer's file pursuant to subparagraph (A) is reinserted in the file, the
    consumer reporting agency shall notify the consumer of the reinsertion in
    writing not later than 5 business days after the reinsertion or, if
    authorized by the consumer for that purpose, by any other means available to
    the agency.

    (iii) Additional information. As part of, or in addition to, the notice
    under clause (ii), a consumer reporting agency shall provide to a consumer
    in writing not later than 5 business days after the date of the reinsertion

    (I) a statement that the disputed information has been reinserted;

    (II) the business name and address of any furnisher of information contacted
    and the telephone number of such furnisher, if reasonably available, or of
    any furnisher of information that contacted the consumer reporting agency,
    in connection with the reinsertion of such information; and

    (III) a notice that the consumer has the right to add a statement to the
    consumer's file disputing the accuracy or completeness of the disputed
    information.

    C) Procedures to prevent reappearance. A consumer reporting agency shall
    maintain reasonable procedures designed to prevent the reappearance in a
    consumer's file, and in consumer reports on the consumer, of information
    that is deleted pursuant to this paragraph (other than information that is
    reinserted in accordance with subparagraph (B)(i)).

    D) Automated reinvestigation system. Any consumer reporting agency that
    compiles and maintains files on consumers on a nationwide basis shall
    implement an automated system through which furnishers of information to
    that consumer reporting agency may report the results of a reinvestigation
    that finds incomplete or inaccurate information in a consumer's file to
    other such consumer reporting agencies.

    (6) Notice of results of reinvestigation.

    (A) In general. A consumer reporting agency shall provide written notice to
    a consumer of the results of a reinvestigation under this subsection not
    later than 5 business days after the completion of the reinvestigation, by
    mail or, if authorized by the consumer for that purpose, by other means
    available to the agency.

    (B) Contents. As part of, or in addition to, the notice under subparagraph
    (A), a consumer reporting agency shall provide to a consumer in writing
    before the expiration of the 5-day period referred to in subparagraph (A)

    (i) a statement that the reinvestigation is completed;

    (ii) a consumer report that is based upon the consumer's file as that file
    is revised as a result of the reinvestigation;

    (iii) a notice that, if requested by the consumer, a description of the
    procedure used to determine the accuracy and completeness of the information
    shall be provided to the consumer by the agency, including the business name
    and address of any furnisher of information contacted in connection with
    such information and the telephone number of such furnisher, if reasonably
    available;

    (iv) a notice that the consumer has the right to add a statement to the
    consumer's file disputing the accuracy or completeness of the information;
    and

    (v) a notice that the consumer has the right to request under subsection (d)
    that the consumer reporting agency furnish notifications under that
    subsection.

    (7) Description of reinvestigation procedure. A consumer reporting agency
    shall provide to a consumer a description referred to in paragraph
    (6)(B)(iii) by not later than 15 days after receiving a request from the
    consumer for that description.

    (8) Expedited dispute resolution. If a dispute regarding an item of
    information in a consumer's file at a consumer reporting agency is resolved
    in accordance with paragraph (5)(A) by the deletion of the disputed
    information by not later than 3 business days after the date on which the
    agency receives notice of the dispute from the consumer in accordance with
    paragraph (1)(A), then the agency shall not be required to comply with
    paragraphs (2), (6), and (7) with respect to that dispute if the agency

    (A) provides prompt notice of the deletion to the consumer by telephone;

    (B) includes in that notice, or in a written notice that accompanies a
    confirmation and consumer report provided in accordance with subparagraph
    (C), a statement of the consumer's right to request under subsection (d)
    that the agency furnish notifications under that subsection; and

    (C) provides written confirmation of the deletion and a copy of a consumer
    report on the consumer that is based on the consumer's file after the
    deletion, not later than 5 business days after making the deletion.
    (b) Statement of dispute. If the reinvestigation does not resolve the
    dispute, the consumer may file a brief statement setting forth the nature of
    the dispute. The consumer reporting agency may limit such statements to not
    more than one hundred words if it provides the consumer with assistance in
    writing a clear summary of the dispute.

    (c) Notification of consumer dispute in subsequent consumer reports.
    Whenever a statement of a dispute is filed, unless there is reasonable
    grounds to believe that it is frivolous or irrelevant, the consumer
    reporting agency shall, in any subsequent consumer report containing the
    information in question, clearly note that it is disputed by the consumer
    and provide either the consumer's statement or a clear and accurate
    codification or summary thereof.

    (d) Notification of deletion of disputed information. Following any deletion
    of information which is found to be inaccurate or whose accuracy can no
    longer be verified or any notation as to disputed information, the consumer
    reporting agency shall, at the request of the consumer, furnish notification
    that the item has been deleted or the statement, codification or summary
    pursuant to subsection (b) or (c) of this section to any person specifically
    designated by the consumer who has within two years prior thereto received a
    consumer report for employment purposes, or within six months prior thereto
    received a consumer report for any other purpose, which contained the
    deleted or disputed information.

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

    (a) Reasonable charges allowed for certain disclosures.

    (1) In general. Except as provided in subsections (b), (c), and (d), a
    consumer reporting agency may impose a reasonable charge on a consumer

    (A) for making a disclosure to the consumer pursuant to section 609 [§
    1681g], which charge

    (i) shall not exceed $8;(3) and

    (ii) shall be indicated to the consumer before making the disclosure; and

    (B) for furnishing, pursuant to 611(d) [§ 1681i], following a
    reinvestigation under section 611(a) [§ 1681i], a statement, codification,
    or summary to a person designated by the consumer under that section after
    the 30-day period beginning on the date of notification of the consumer
    under paragraph (6) or (8) of section 611(a) [§ 1681i] with respect to the
    reinvestigation, which charge

    (i) shall not exceed the charge that the agency would impose on each
    designated recipient for a consumer report; and

    (ii) shall be indicated to the consumer before furnishing such information.

    (2) Modification of amount. The Federal Trade Commission shall increase the
    amount referred to in paragraph (1)(A)(I) on January 1 of each year, based
    proportionally on changes in the Consumer Price Index, with fractional
    changes rounded to the nearest fifty cents.
    (b) Free disclosure after adverse notice to consumer. Each consumer
    reporting agency that maintains a file on a consumer shall make all
    disclosures pursuant to section 609 [§ 1681g] without charge to the consumer
    if, not later than 60 days after receipt by such consumer of a notification
    pursuant to section 615 [§ 1681m], or of a notification from a debt
    collection agency affiliated with that consumer reporting agency stating
    that the consumer's credit rating may be or has been adversely affected, the
    consumer makes a request under section 609 [§ 1681g].


    (c) Free disclosure under certain other circumstances. Upon the request of
    the consumer, a consumer reporting agency shall make all disclosures
    pursuant to section 609 [§ 1681g] once during any 12-month period without
    charge to that consumer if the consumer certifies in writing that the
    consumer

    (1) is unemployed and intends to apply for employment in the 60-day period
    beginning on the date on which the certification is made;

    (2) is a recipient of public welfare assistance; or

    (3) has reason to believe that the file on the consumer at the agency
    contains inaccurate information due to fraud.
    (d) Other charges prohibited. A consumer reporting agency shall not impose
    any charge on a consumer for providing any notification required by this
    title or making any disclosure required by this title, except as authorized
    by subsection (a).

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

    (a) In general. A consumer reporting agency which furnishes a consumer
    report for employment purposes and which for that purpose compiles and
    reports items of information on consumers which are matters of public record
    and are likely to have an adverse effect upon a consumer's ability to obtain
    employment shall

    (1) at the time such public record information is reported to the user of
    such consumer report, notify the consumer of the fact that public record
    information is being reported by the consumer reporting agency, together
    with the name and address of the person to whom such information is being
    reported; or

    (2) maintain strict procedures designed to insure that whenever public
    record information which is likely to have an adverse effect on a consumer's
    ability to obtain employment is reported it is complete and up to date. For
    purposes of this paragraph, items of public record relating to arrests,
    indictments, convictions, suits, tax liens, and outstanding judgments shall
    be considered up to date if the current public record status of the item at
    the time of the report is reported.
    (b) Exemption for national security investigations. Subsection (a) does not
    apply in the case of an agency or department of the United States Government
    that seeks to obtain and use a consumer report for employment purposes, if
    the head of the agency or department makes a written finding as prescribed
    under section 604(b)(4)(A).

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

    Whenever a consumer reporting agency prepares an investigative consumer
    report, no adverse information in the consumer report (other than
    information which is a matter of public record) may be included in a
    subsequent consumer report unless such adverse information has been verified
    in the process of making such subsequent consumer report, or the adverse
    information was received within the three-month period preceding the date
    the subsequent report is furnished.

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


    (a) Duties of users taking adverse actions on the basis of information
    contained in consumer reports. If any person takes any adverse action with
    respect to any consumer that is based in whole or in part on any information
    contained in a consumer report, the person shall

    (1) provide oral, written, or electronic notice of the adverse action to the
    consumer;

    (2) provide to the consumer orally, in writing, or electronically

    (A) the name, address, and telephone number of the consumer reporting agency
    (including a toll-free telephone number established by the agency if the
    agency compiles and maintains files on consumers on a nationwide basis) that
    furnished the report to the person; and

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

    (3) provide to the consumer an oral, written, or electronic notice of the
    consumer's right

    (A) to obtain, under section 612 [§ 1681j], a free copy of a consumer report
    on the consumer from the consumer reporting agency referred to in paragraph
    (2), which notice shall include an indication of the 60-day period under
    that section for obtaining such a copy; and

    (B) to dispute, under section 611 [§ 1681i], with a consumer reporting
    agency the accuracy or completeness of any information in a consumer report
    furnished by the agency.
    (b) Adverse action based on information obtained from third parties other
    than consumer reporting agencies.

    (1) In general. Whenever credit for personal, family, or household purposes
    involving a consumer is denied or the charge for such credit is increased
    either wholly or partly because of information obtained from a person other
    than a consumer reporting agency bearing upon the consumer's credit
    worthiness, credit standing, credit capacity, character, general reputation,
    personal characteristics, or mode of living, the user of such information
    shall, within a reasonable period of time, upon the consumer's written
    request for the reasons for such adverse action received within sixty days
    after learning of such adverse action, disclose the nature of the
    information to the consumer. The user of such information shall clearly and
    accurately disclose to the consumer his right to make such written request
    at the time such adverse action is communicated to the consumer.

    (2) Duties of person taking certain actions based on information provided by
    affiliate.

    (A) Duties, generally. If a person takes an action described in subparagraph
    (B) with respect to a consumer, based in whole or in part on information
    described in subparagraph (C), the person shall

    (i) notify the consumer of the action, including a statement that the
    consumer may obtain the information in accordance with clause (ii); and


    (ii) upon a written request from the consumer received within 60 days after
    transmittal of the notice required by clause (I), disclose to the consumer
    the nature of the information upon which the action is based by not later
    than 30 days after receipt of the request.

    (B) Action described. An action referred to in subparagraph (A) is an
    adverse action described in section 603(k)(1)(A) [§ 1681a], taken in
    connection with a transaction initiated by the consumer, or any adverse
    action described in clause (i) or (ii) of section 603(k)(1)(B) [§ 1681a].

    (C) Information described. Information referred to in subparagraph (A)

    (i) except as provided in clause (ii), is information that

    (I) is furnished to the person taking the action by a person related by
    common ownership or affiliated by common corporate control to the person
    taking the action; and

    (II) bears on the credit worthiness, credit standing, credit capacity,
    character, general reputation, personal characteristics, or mode of living
    of the consumer; and

    (ii) does not include
    (I) information solely as to transactions or experiences between the
    consumer and the person furnishing the information; or

    (II) information in a consumer report.
    (c) Reasonable procedures to assure compliance. No person shall be held
    liable for any violation of this section if he shows by a preponderance of
    the evidence that at the time of the alleged violation he maintained
    reasonable procedures to assure compliance with the provisions of this
    section.


    (d) Duties of users making written credit or insurance solicitations on the
    basis of information contained in consumer files.

    (1) In general. Any person who uses a consumer report on any consumer in
    connection with any credit or insurance transaction that is not initiated by
    the consumer, that is provided to that person under section 604(c)(1)(B) [§
    1681b], shall provide with each written solicitation made to the consumer
    regarding the transaction a clear and conspicuous statement that

    (A) information contained in the consumer's consumer report was used in
    connection with the transaction;

    (B) the consumer received the offer of credit or insurance because the
    consumer satisfied the criteria for credit worthiness or insurability under
    which the consumer was selected for the offer;

    (C) if applicable, the credit or insurance may not be extended if, after the
    consumer responds to the offer, the consumer does not meet the criteria used
    to select the consumer for the offer or any applicable criteria bearing on
    credit worthiness or insurability or does not furnish any required
    collateral;

    (D) the consumer has a right to prohibit information contained in the
    consumer's file with any consumer reporting agency from being used in
    connection with any credit or insurance transaction that is not initiated by
    the consumer; and

    (E) the consumer may exercise the right referred to in subparagraph (D) by
    notifying a notification system established under section 604(e) [§ 1681b].

    (2) Disclosure of address and telephone number. A statement under paragraph
    (1) shall include the address and toll-free telephone number of the
    appropriate notification system established under section 604(e) [§ 1681b].

    (3) Maintaining criteria on file. A person who makes an offer of credit or
    insurance to a consumer under a credit or insurance transaction described in
    paragraph (1) shall maintain on file the criteria used to select the
    consumer to receive the offer, all criteria bearing on credit worthiness or
    insurability, as applicable, that are the basis for determining whether or
    not to extend credit or insurance pursuant to the offer, and any requirement
    for the furnishing of collateral as a condition of the extension of credit
    or insurance, until the expiration of the 3-year period beginning on the
    date on which the offer is made to the consumer.

    (4) Authority of federal agencies regarding unfair or deceptive acts or
    practices not affected. This section is not intended to affect the authority
    of any Federal or State agency to enforce a prohibition against unfair or
    deceptive acts or practices, including the making of false or misleading
    statements in connection with a credit or insurance transaction that is not
    initiated by the consumer.
    § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

    (a) In general. Any person who willfully fails to comply with any
    requirement imposed under this title with respect to any consumer is liable
    to that consumer in an amount equal to the sum of

    (1)(A) any actual damages sustained by the consumer as a result of the
    failure or damages of not less than $100 and not more than $1,000; or

    (B) in the case of liability of a natural person for obtaining a consumer
    report under false pretenses or knowingly without a permissible purpose,
    actual damages sustained by the consumer as a result of the failure or
    $1,000, whichever is greater;

    (2) such amount of punitive damages as the court may allow; and

    (3) in the case of any successful action to enforce any liability under this
    section, the costs of the action together with reasonable attorney's fees as
    determined by the court.
    (b) Civil liability for knowing noncompliance. Any person who obtains a
    consumer report from a consumer reporting agency under false pretenses or
    knowingly without a permissible purpose shall be liable to the consumer
    reporting agency for actual damages sustained by the consumer reporting
    agency or $1,000, whichever is greater.

    (c) Attorney's fees. Upon a finding by the court that an unsuccessful
    pleading, motion, or other paper filed in connection with an action under
    this section was filed in bad faith or for purposes of harassment, the court
    shall award to the prevailing party attorney's fees reasonable in relation
    to the work expended in responding to the pleading, motion, or other paper.

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

    (a) In general. Any person who is negligent in failing to comply with any
    requirement imposed under this title with respect to any consumer is liable
    to that consumer in an amount equal to the sum of

    (1) any actual damages sustained by the consumer as a result of the failure;

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

    (b) Attorney's fees. On a finding by the court that an unsuccessful
    pleading, motion, or other paper filed in connection with an action under
    this section was filed in bad faith or for purposes of harassment, the court
    shall award to the prevailing party attorney's fees reasonable in relation
    to the work expended in responding to the pleading, motion, or other paper.

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

    An action to enforce any liability created under this title may be brought
    in any appropriate United States district court without regard to the amount
    in controversy, or in any other court of competent jurisdiction, within two
    years from the date on which the liability arises, except that where a
    defendant has materially and willfully misrepresented any information
    required under this title to be disclosed to an individual and the
    information so misrepresented is material to the establishment of the
    defendant's liability to that individual under this title, the action may be
    brought at any time within two years after discovery by the individual of
    the misrepresentation.

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

    Any person who knowingly and willfully obtains information on a consumer
    from a consumer reporting agency under false pretenses shall be fined under
    title 18, United States Code, imprisoned for not more than 2 years, or both.

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

    Any officer or employee of a consumer reporting agency who knowingly and
    willfully provides information concerning an individual from the agency's
    files to a person not authorized to receive that information shall be fined
    under title 18, United States Code, imprisoned for not more than 2 years, or
    both.

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

    (a) (1) Enforcement by Federal Trade Commission. Compliance with the
    requirements imposed under this title shall be enforced under the Federal
    Trade Commission Act [15 U.S.C. §§ 41 et seq.] by the Federal Trade
    Commission with respect to consumer reporting agencies and all other persons
    subject thereto, except to the extent that enforcement of the requirements
    imposed under this title is specifically committed to some other government
    agency under subsection (b) hereof. For the purpose of the exercise by the
    Federal Trade Commission of its functions and powers under the Federal Trade
    Commission Act, a violation of any requirement or prohibition imposed under
    this title shall constitute an unfair or deceptive act or practice in
    commerce in violation of section 5(a) of the Federal Trade Commission Act
    [15 U.S.C. § 45(a)] and shall be subject to enforcement by the Federal Trade
    Commission under section 5(b) thereof [15 U.S.C. § 45(b)] with respect to
    any consumer reporting agency or person subject to enforcement by the
    Federal Trade Commission pursuant to this subsection, irrespective of
    whether that person is engaged in commerce or meets any other jurisdictional
    tests in the Federal Trade Commission Act. The Federal Trade Commission
    shall have such procedural, investigative, and enforcement powers, including
    the power to issue procedural rules in enforcing compliance with the
    requirements imposed under this title and to require the filing of reports,
    the production of documents, and the appearance of witnesses as though the
    applicable terms and conditions of the Federal Trade Commission Act were
    part of this title. Any person violating any of the provisions of this title
    shall be subject to the penalties and entitled to the privileges and
    immunities provided in the Federal Trade Commission Act as though the
    applicable terms and provisions thereof were part of this title.

    (2)(A) In the event of a knowing violation, which constitutes a pattern or
    practice of violations of this title, the Commission may commence a civil
    action to recover a civil penalty in a district court of the United States
    against any person that violates this title. In such action, such person
    shall be liable for a civil penalty of not more than $2,500 per violation.

    (B) In determining the amount of a civil penalty under subparagraph (A), the
    court shall take into account the degree of culpability, any history of
    prior such conduct, ability to pay, effect on ability to continue to do
    business, and such other matters as justice may require.

    (3) Notwithstanding paragraph (2), a court may not impose any civil penalty
    on a person for a violation of section 623(a)(1) [§ 1681s-2] unless the
    person has been enjoined from committing the violation, or ordered not to
    commit the violation, in an action or proceeding brought by or on behalf of
    the Federal Trade Commission, and has violated the injunction or order, and
    the court may not impose any civil penalty for any violation occurring
    before the date of the violation of the injunction or order.

    (b) Enforcement by other agencies. Compliance with the requirements imposed
    under this title with respect to consumer reporting agencies, persons who
    use consumer reports from such agencies, persons who furnish information to
    such agencies, and users of information that are subject to subsection (d)
    of section 615 [§ 1681m] shall be enforced under

    (1) section 8 of the Federal Deposit Insurance Act [12 U.S.C. § 1818], in
    the case of

    (A) national banks, and Federal branches and Federal agencies of foreign
    banks, by the Office of the Comptroller of the Currency;

    (B) member banks of the Federal Reserve System (other than national banks),
    branches and agencies of foreign banks (other than Federal branches, Federal
    agencies, and insured State branches of foreign banks), commercial lending
    companies owned or controlled by foreign banks, and organizations operating
    under section 25 or 25(a) [25A] of the Federal Reserve Act [12 U.S.C. §§ 601
    et seq., §§ 611 et seq], by the Board of Governors of the Federal Reserve
    System; and

    (C) banks insured by the Federal Deposit Insurance Corporation (other than
    members of the Federal Reserve System) and insured State branches of foreign
    banks, by the Board of Directors of the Federal Deposit Insurance
    Corporation;


    (2) section 8 of the Federal Deposit Insurance Act [12 U.S.C. § 1818], by
    the Director of the Office of Thrift Supervision, in the case of a savings
    association the deposits of which are insured by the Federal Deposit
    Insurance Corporation;


    (3) the Federal Credit Union Act [12 U.S.C. §§ 1751 et seq.], by the
    Administrator of the National Credit Union Administration [National Credit
    Union Administration Board] with respect to any Federal credit union;

    (4) subtitle IV of title 49 [49 U.S.C. §§ 10101 et seq.], by the Secretary
    of Transportation, with respect to all carriers subject to the jurisdiction
    of the Surface Transportation Board;

    (5) the Federal Aviation Act of 1958 [49 U.S.C. Appx §§ 1301 et seq.], by
    the Secretary of Transportation with respect to any air carrier or foreign
    air carrier subject to that Act [49 U.S.C. Appx §§ 1301 et seq.]; and

    (6) the Packers and Stockyards Act, 1921 [7 U.S.C. §§ 181 et seq.] (except
    as provided in section 406 of that Act [7 U.S.C. §§ 226 and 227]), by the
    Secretary of Agriculture with respect to any activities subject to that Act.
    The terms used in paragraph (1) that are not defined in this title or
    otherwise defined in section 3(s) of the Federal Deposit Insurance Act (12
    U.S.C. §1813(s)) shall have the meaning given to them in section 1(b) of the
    International Banking Act of 1978 (12 U.S.C. § 3101).

    (c) State action for violations.

    (1) Authority of states. In addition to such other remedies as are provided
    under State law, if the chief law enforcement officer of a State, or an
    official or agency designated by a State, has reason to believe that any
    person has violated or is violating this title, the State

    (A) may bring an action to enjoin such violation in any appropriate United
    States district court or in any other court of competent jurisdiction;

    (B) subject to paragraph (5), may bring an action on behalf of the residents
    of the State to recover

    (i) damages for which the person is liable to such residents under sections
    616 and 617 [§§ 1681n and 1681o] as a result of the violation;

    (ii) in the case of a violation of section 623(a) [§ 1681s-2], damages for
    which the person would, but for section 623(c) [§ 1681s-2], be liable to
    such residents as a result of the violation; or

    (iii) damages of not more than $1,000 for each willful or negligent
    violation; and

    (C) in the case of any successful action under subparagraph (A) or (B),
    shall be awarded the costs of the action and reasonable attorney fees as
    determined by the court.

    (2) Rights of federal regulators. The State shall serve prior written notice
    of any action under paragraph (1) upon the Federal Trade Commission or the
    appropriate Federal regulator determined under subsection (b) and provide
    the Commission or appropriate Federal regulator with a copy of its
    complaint, except in any case in which such prior notice is not feasible, in
    which case the State shall serve such notice immediately upon instituting
    such action. The Federal Trade Commission or appropriate Federal regulator
    shall have the right

    (A) to intervene in the action;

    (B) upon so intervening, to be heard on all matters arising therein;

    (C) to remove the action to the appropriate United States district court;
    and

    (D) to file petitions for appeal.

    (3) Investigatory powers. For purposes of bringing any action under this
    subsection, nothing in this subsection shall prevent the chief law
    enforcement officer, or an official or agency designated by a State, from
    exercising the powers conferred on the chief law enforcement officer or such
    official by the laws of such State to conduct investigations or to
    administer oaths or affirmations or to compel the attendance of witnesses or
    the production of documentary and other evidence.

    (4) Limitation on state action while federal action pending. If the Federal
    Trade Commission or the appropriate Federal regulator has instituted a civil
    action or an administrative action under section 8 of the Federal Deposit
    Insurance Act for a violation of this title, no State may, during the
    pendency of such action, bring an action under this section against any
    defendant named in the complaint of the Commission or the appropriate
    Federal regulator for any violation of this title that is alleged in that
    complaint.

    (5) Limitations on state actions for violation of section 623(a)(1) [§
    1681s-2].

    (A) Violation of injunction required. A State may not bring an action
    against a person under paragraph (1)(B) for a violation of section 623(a)(1)
    [§ 1681s-2], unless

    (i) the person has been enjoined from committing the violation, in an action
    brought by the State under paragraph (1)(A); and

    (ii) the person has violated the injunction.

    (B) Limitation on damages recoverable. In an action against a person under
    paragraph (1)(B) for a violation of section 623(a)(1) [§ 1681s-2], a State
    may not recover any damages incurred before the date of the violation of an
    injunction on which the action is based.
    (d) Enforcement under other authority. For the purpose of the exercise by
    any agency referred to in subsection (b) of this section of its powers under
    any Act referred to in that subsection, a violation of any requirement
    imposed under this title shall be deemed to be a violation of a requirement
    imposed under that Act. In addition to its powers under any provision of law
    specifically referred to in subsection (b) of this section, each of the
    agencies referred to in that subsection may exercise, for the purpose of
    enforcing compliance with any requirement imposed under this title any other
    authority conferred on it by law.

    (e) Regulatory authority

    (1) The Federal banking agencies referred to in paragraphs (1) and (2) of
    subsection (b) shall jointly prescribe such regulations as necessary to
    carry out the purposes of this Act with respect to any persons identified
    under paragraphs (1) and (2) of subsection (b), and the Board of Governors
    of the Federal Reserve System shall have authority to prescribe regulations
    consistent with such joint regulations with respect to bank holding
    companies and affiliates (other than depository institutions and consumer
    reporting agencies) of such holding companies.

    (2) The Board of the National Credit Union Administration shall prescribe
    such regulations as necessary to carry out the purposes of this Act with
    respect to any persons identified under paragraph (3) of subsection (b).
    § 622. Information on overdue child support obligations [15 U.S.C. §
    1681s-1]

    Notwithstanding any other provision of this title, a consumer reporting
    agency shall include in any consumer report furnished by the agency in
    accordance with section 604 [§ 1681b] of this title, any information on the
    failure of the consumer to pay overdue support which

    (1) is provided

    (A) to the consumer reporting agency by a State or local child support
    enforcement agency; or

    (B) to the consumer reporting agency and verified by any local, State, or
    Federal government agency; and

    (2) antedates the report by 7 years or less.
    § 623. Responsibilities of furnishers of information to consumer reporting
    agencies [15 U.S.C. § 1681s-2]

    (a) Duty of furnishers of information to provide accurate information.

    (1) Prohibition.

    (A) Reporting information with actual knowledge of errors. A person shall
    not furnish any information relating to a consumer to any consumer reporting
    agency if the person knows or consciously avoids knowing that the
    information is inaccurate.

    (B) Reporting information after notice and confirmation of errors. A person
    shall not furnish information relating to a consumer to any consumer
    reporting agency if

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

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

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

    (2) Duty to correct and update information. A person who

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

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

    (3) Duty to provide notice of dispute. If the completeness or accuracy of
    any information furnished by any person to any consumer reporting agency is
    disputed to such person by a consumer, the person may not furnish the
    information to any consumer reporting agency without notice that such
    information is disputed by the consumer.

    (4) Duty to provide notice of closed accounts. A person who regularly and in
    the ordinary course of business furnishes information to a consumer
    reporting agency regarding a consumer who has a credit account with that
    person shall notify the agency of the voluntary closure of the account by
    the consumer, in information regularly furnished for the period in which the
    account is closed.

    (5) Duty to provide notice of delinquency of accounts. A person who
    furnishes information to a consumer reporting agency regarding a delinquent
    account being placed for collection, charged to profit or loss, or subjected
    to any similar action shall, not later than 90 days after furnishing the
    information, notify the agency of the month and year of the commencement of
    the delinquency that immediately preceded the action.
    (b) Duties of furnishers of information upon notice of dispute.

    (1) In general. After receiving notice pursuant to section 611(a)(2) [§
    1681i] of a dispute with regard to the completeness or accuracy of any
    information provided by a person to a consumer reporting agency, the person
    shall

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

    (B) review all relevant information provided by the consumer reporting
    agency pursuant to section 611(a)(2) [§ 1681i];

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

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

    (2) Deadline. A person shall complete all investigations, reviews, and
    reports required under paragraph (1) regarding information provided by the
    person to a consumer reporting agency, before the expiration of the period
    under section 611(a)(1) [§ 1681i] within which the consumer reporting agency
    is required to complete actions required by that section regarding that
    information.
    (c) Limitation on liability. Sections 616 and 617 [§§ 1681n and 1681o] do
    not apply to any failure to comply with subsection (a), except as provided
    in section 621(c)(1)(B) [§ 1681s].


    (d) Limitation on enforcement. Subsection (a) shall be enforced exclusively
    under section 621 [§ 1681s] by the Federal agencies and officials and the
    State officials identified in that section.

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

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

    (b) General exceptions. No requirement or prohibition may be imposed under
    the laws of any State

    (1) with respect to any subject matter regulated under

    (A) subsection (c) or (e) of section 604 [§ 1681b], relating to the
    prescreening of consumer reports;

    (B) section 611 [§ 1681i], relating to the time by which a consumer
    reporting agency must take any action, including the provision of
    notification to a consumer or other person, in any procedure related to the
    disputed accuracy of information in a consumer's file, except that this
    subparagraph shall not apply to any State law in effect on the date of
    enactment of the Consumer Credit Reporting Reform Act of 1996;

    (C) subsections (a) and (b) of section 615 [§ 1681m], relating to the duties
    of a person who takes any adverse action with respect to a consumer;

    (D) section 615(d) [§ 1681m], relating to the duties of persons who use a
    consumer report of a consumer in connection with any credit or insurance
    transaction that is not initiated by the consumer and that consists of a
    firm offer of credit or insurance;

    (E) section 605 [§ 1681c], relating to information contained in consumer
    reports, except that this subparagraph shall not apply to any State law in
    effect on the date of enactment of the Consumer Credit Reporting Reform Act
    of 1996; or

    (F) section 623 [§ 1681s-2], relating to the responsibilities of persons who
    furnish information to consumer reporting agencies, except that this
    paragraph shall not apply

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

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

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

    (3) with respect to the form and content of any disclosure required to be
    made under section 609(c) [§ 1681g].
    (c) Definition of firm offer of credit or insurance. Notwithstanding any
    definition of the term "firm offer of credit or insurance" (or any
    equivalent term) under the laws of any State, the definition of that term
    contained in section 603(l) [§ 1681a] shall be construed to apply in the
    enforcement and interpretation of the laws of any State governing consumer
    reports.

    (d) Limitations. Subsections (b) and (c)

    (1) do not affect any settlement, agreement, or consent judgment between any
    State Attorney General and any consumer reporting agency in effect on the
    date of enactment of the Consumer Credit Reporting Reform Act of 1996; and

    (2) do not apply to any provision of State law (including any provision of a
    State constitution) that

    (A) is enacted after January 1, 2004;

    (B) states explicitly that the provision is intended to supplement this
    title; and

    (C) gives greater protection to consumers than is provided under this title.
    § 625. Disclosures to FBI for counterintelligence purposes [15 U.S.C. §
    1681u]

    (a) Identity of financial institutions. Notwithstanding section 604 [§
    1681b] or any other provision of this title, a consumer reporting agency
    shall furnish to the Federal Bureau of Investigation the names and addresses
    of all financial institutions (as that term is defined in section 1101 of
    the Right to Financial Privacy Act of 1978 [12 U.S.C. § 3401]) at which a
    consumer maintains or has maintained an account, to the extent that
    information is in the files of the agency, when presented with a written
    request for that information, signed by the Director of the Federal Bureau
    of Investigation, or the Director's designee in a position not lower than
    Deputy Assistant Director at Bureau headquarters or a Special Agent in
    Charge of a Bureau field office designated by the 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 604
    [§ 1681b] or any other provision of this title, a consumer reporting agency
    shall furnish identifying information respecting a consumer, limited to
    name, address, former addresses, places of employment, or former places of
    employment, to the Federal Bureau of Investigation when presented with a
    written request, signed by the Director or the Director's designee, which
    certifies compliance with this subsection. The Director or the Director's
    designee 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 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
    604 [§ 1681b] or any other provision of this title, if requested in writing
    by the Director of the Federal Bureau of Investigation, or a designee of the
    Director 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. No consumer reporting agency or officer, employee, or
    agent of a consumer reporting agency shall disclose to any person, other
    than those officers, employees, or agents of a consumer reporting agency
    necessary to fulfill the requirement to disclose information to the Federal
    Bureau of Investigation under this section, that the Federal Bureau of
    Investigation has sought or obtained the identity of financial institutions
    or a consumer report respecting any consumer under subsection (a), (b), or
    (c), and no consumer reporting agency or officer, employee, or agent of a
    consumer reporting agency shall include in any consumer report any
    information that would indicate that the Federal Bureau of Investigation has
    sought or obtained such information or a consumer report.

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

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

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

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

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

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

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

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

    (4) in the case of any successful action to enforce liability under this
    subsection, the costs of the action, together with reasonable attorney fees,
    as determined by the court.
    (j) Disciplinary actions for violations. If a court determines that any
    agency or department of the United States has violated any provision of this
    section and the court finds that the circumstances surrounding the violation
    raise questions of whether or not an officer or employee of the agency or
    department acted willfully or intentionally with respect to the violation,
    the agency or department shall promptly initiate a proceeding to determine
    whether or not disciplinary action is warranted against the officer or
    employee who was responsible for the violation.

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

    (l) Limitation of remedies. Notwithstanding any other provision of this
    title, the remedies and sanctions set forth in this section shall be the
    only judicial remedies and sanctions for violation of this section.

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


    § 626. Disclosures to governmental agencies for counterterrorism purposes
    [15 U.S.C. §1681v]

    (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 investigations of, or intelligence or
    counterintelligence activities or analysis related to, international
    terrorism when presented with a written certification by such government
    agency that such information is necessary for the agency's conduct or such
    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. No consumer reporting agency, or officer, employee, or
    agent of such consumer reporting agency, shall disclose to any person, or
    specify in any consumer report, that a government agency has sought or
    obtained access to information under subsection (a).

    (d) Rule of construction. Nothing in section 625 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.




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