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Consumer Legal Rights

You as a consumer have various legal rights enacted by Congress to protect you. The information in this section contains a brief description of your general legal rights. For additional information on your legal rights, visit the United States Federal Trade Commission (FTC) web site at www.ftc.gov.

· Fair Debt Collection Practices Act
· Fair Credit Reporting Act
· Fair Credit Billing Act
· Fair Credit and Charge Card Disclosure Act
· Equal Credit Opportunity Act

FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)
Violations of the Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act, commonly referred to as the FDCPA, is a Federal law designed to protect you, the consumer. It clearly spells out the rights you have. It prohibits debt collectors from using dishonest and abusive methods of collecting money owed. If you communicate to the debt collector, in writing, that you wish for them to cease and desist further collection tactics, they are required by law to honor that request. In other words, once you have sent a collector a cease-and-desist letter, the collectors are required by law to stop any verbal communication with you. You also have the right to dispute any debt. Upon first contact to you by a debt collector, that debt collector has 5 days to send you a letter stating you have 30-days to dispute the debt. If, within 30-days, you send a letter to the debt collector disputing the debt and requesting verification of the debt, the debt collector must cease all further collection activities until the debt is properly verified.

The following actions are illegal practices in attempting to collect a debt:

  •   A debt collector calls your work after you tell the collector not to call your work.
  •   A debt collector calls before 8 a.m. or after 9 p.m. in your time zone.
  •   A debt collector makes an excessive number of phone calls. (More than 1 call per day.)
  •   A debt collector claims to be an attorney or sends letters that looks like they are from a law office. (Unless that debt collector is actually an attorney.)
  •   A debt collector continues to contact you even after they have been made aware that you are being represented by an attorney.
  •   A debt collector tells someone other than you, your spouse, or your attorney that you owe them money.
  •   A debt collector misrepresents the amount of money owed, or the legal status of the debt.
  •   A debt collector fails to honor your request for them to cease communication to you.
  •   A debt collector gives false information regarding your credit.
  •   A debt collector threatens to garnish your wages or take your personal property. (This can only be done with a court order.)
  •   A debt collector uses obscene language.
  •   A debt collector threatens you, or your family.
  •   A debt collector does not give you a 3-10 day notice before cashing a check post-dated issued by five (5) or more days.
  •   A debt collector threatens you with criminal prosecution or tries to imply your committing a crime that you could be arrested for and go to jail.

    If the debt collector has violated any of your rights under the Fair Debt Collection Practices Act, contact us at Financial Independence & Resource EducationInternational, to submit copies (not originals) of all correspondence (including proof of payment, letters, call logs, etc.) and we will refer you to the State Attorney General's Office and to the Federal Trade Commission who will notify the debt collector that they are in violation of the FDCPA. The debt collector may be required to pay you money in fines and damages.

    FAIR DEBT COLLECTION PRACTICES ACT
    15 USC Section 1692

    THE FAIR DEBT COLLECTION PRACTICES ACT
    As amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996)

    To amend the Consumer Credit Protection Act to prohibit abusive practices by debt collectors.
    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended by adding at the end thereof the following new title:
    TITLE VIII - DEBT COLLECTION PRACTICES [Fair Debt Collection Practices Act]
    Sec.
    801. Short Title
    802. Congressional findings and declaration of purpose
    803. Definitions
    804. Acquisition of location information
    805. Communication in connection with debt collection
    806. Harassment or abuse
    807. False or misleading representations
    808. Unfair practice
    809. Validation of debts
    810. Multiple debts
    811. Legal actions by debt collectors
    812. Furnishing certain deceptive forms
    813. Civil liability
    814. Administrative enforcement
    815. Reports to Congress by the Commission
    816. Relation to State laws
    817. Exemption for State regulation
    818. Effective date
    ¤ 801. Short Title [15 USC 1601 note]
    This title may be cited as the "Fair Debt Collection Practices Act."
    ¤ 802. Congressional findings and declarations of purpose [15 USC 1692]
    (a) There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.
    (b) Existing laws and procedures for redressing these injuries are inadequate to protect consumers.
    (c) Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.
    (d) Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.
    (e) It is the purpose of this title to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.
    ¤ 803. Definitions [15 USC 1692a]
    As used in this title --
    (1) The term "Commission" means the Federal Trade Commission.
    (2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium.
    (3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt.
    (4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.
    (5) The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
    (6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 808(6), such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include --
    (A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;
    (B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;
    (C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;
    (D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;
    (E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and
    (F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.
    (7) The term "location information" means a consumer's place of abode and his telephone number at such place, or his place of employment.
    (8) The term "State" means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.
    ¤ 804. Acquisition of location information [15 USC 1692b]
    Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --
    (1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;
    (2) not state that such consumer owes any debt;
    (3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;
    (4) not communicate by post card;
    (5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and
    (6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.
    ¤ 805. Communication in connection with debt collection [15 USC 1692c]
    (a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --
    (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;
    (2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or
    (3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.
    (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
    (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
    (1) to advise the consumer that the debt collector's further efforts are being terminated;
    (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
    (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
    If such notice from the consumer is made by mail, notification shall be complete upon receipt.
    (d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.
    ¤ 806. Harassment or abuse [15 USC 1692d]
    A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
    (1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
    (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
    (3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.
    (4) The advertisement for sale of any debt to coerce payment of the debt.
    (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
    (6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.
    ¤ 807. False or misleading representations [15 USC 1962e]
    A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
    (1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
    (2) The false representation of --
    (A) the character, amount, or legal status of any debt; or
    (B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
    (3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
    (4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
    (5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
    (6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --
    (A) lose any claim or defense to payment of the debt; or
    (B) become subject to any practice prohibited by this title.
    (7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
    (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
    (9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
    (10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
    (11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
    (12) The false representation or implication that accounts have been turned over to innocent purchasers for value.
    (13) The false representation or implication that documents are legal process.
    (14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.
    (15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.
    (16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.
    ¤ 808. Unfair practices [15 USC 1692f]
    A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
    (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
    (2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.
    (3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
    (4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.
    (5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
    (6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if --
    (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;
    (B) there is no present intention to take possession of the property; or
    (C) the property is exempt by law from such dispossession or disablement.
    (7) Communicating with a consumer regarding a debt by post card.
    (8) Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.
    ¤ 809. Validation of debts [15 USC 1692g]
    (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
    (1) the amount of the debt;
    (2) the name of the creditor to whom the debt is owed;
    (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
    (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
    (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
    (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
    (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
    ¤ 810. Multiple debts [15 USC 1692h]
    If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer's directions.
    ¤ 811. Legal actions by debt collectors [15 USC 1692i]
    (a) Any debt collector who brings any legal action on a debt against any consumer shall --
    (1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
    (2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --
    (A) in which such consumer signed the contract sued upon; or
    (B) in which such consumer resides at the commencement of the action.
    (b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors.
    ¤ 812. Furnishing certain deceptive forms [15 USC 1692j]
    (a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.
    (b) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title.
    ¤ 813. Civil liability [15 USC 1692k]
    (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --
    (1) any actual damage sustained by such person as a result of such failure;
    (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or
    (B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and
    (3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.
    (b) In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors --
    (1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or
    (2) in any class action under subsection (a)(2)(B), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector's noncompliance was intentional.
    (c) A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
    (d) An action to enforce any liability created by 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 one year from the date on which the violation occurs.
    (e) No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
    ¤ 814. Administrative enforcement [15 USC 1692l]
    (a) Compliance with this title shall be enforced by the Commission, except to the extend that enforcement of the requirements imposed under this title is specifically committed to another agency under subsection (b). For purpose of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act, a violation of this title shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with this title, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of this title in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.
    (b) Compliance with any requirements imposed under this title shall be enforced under --
    (1) section 8 of the Federal Deposit Insurance Act, in the case of --
    (A) national banks, by the Comptroller of the Currency;
    (B) member banks of the Federal Reserve System (other than national banks), by the Federal Reserve Board; and
    (C) banks the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), by the Board of Directors of the Federal Deposit Insurance Corporation;
    (2) section 5(d) of the Home Owners Loan Act of 1933, section 407 of the National Housing Act, and sections 6(i) and 17 of the Federal Home Loan Bank Act, by the Federal Home Loan Bank Board (acting directing or through the Federal Savings and Loan Insurance Corporation), in the case of any institution subject to any of those provisions;
    (3) the Federal Credit Union Act, by the Administrator of the National Credit Union Administration with respect to any Federal credit union;
    (4) subtitle IV of Title 49, by the Interstate Commerce Commission with respect to any common carrier subject to such subtitle;
    (5) the Federal Aviation Act of 1958, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that Act; and
    (6) the Packers and Stockyards Act, 1921 (except as provided in section 406 of that Act), by the Secretary of Agriculture with respect to any activities subject to that Act.
    (c) For the purpose of the exercise by any agency referred to in subsection (b) 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), 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, except as provided in subsection (d).
    (d) Neither the Commission nor any other agency referred to in subsection (b) may promulgate trade regulation rules or other regulations with respect to the collection of debts by debt collectors as defined in this title.
    ¤ 815. Reports to Congress by the Commission [15 USC 1692m]
    (a) Not later than one year after the effective date of this title and at one-year intervals thereafter, the Commission shall make reports to the Congress concerning the administration of its functions under this title, including such recommendations as the Commission deems necessary or appropriate. In addition, each report of the Commission shall include its assessment of the extent to which compliance with this title is being achieved and a summary of the enforcement actions taken by the Commission under section 814 of this title.
    (b) In the exercise of its functions under this title, the Commission may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 814 of this title.
    ¤ 816. Relation to State laws [15 USC 1692n]
    This title does not annul, alter, or affect, or exempt any person subject to the provisions of this title from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this title if the protection such law affords any consumer is greater than the protection provided by this title.
    ¤ 817. Exemption for State regulation [15 USC 1692o]
    The Commission shall by regulation exempt from the requirements of this title any class of debt collection practices within any State if the Commission determines that under the law of that State that class of debt collection practices is subject to requirements substantially similar to those imposed by this title, and that there is adequate provision for enforcement.
    ¤ 818. Effective date [15 USC 1692 note]
    This title takes effect upon the expiration of six months after the date of its enactment, but section 809 shall apply only with respect to debts for which the initial attempt to collect occurs after such effective date.
    Approved September 20, 1977

    ENDNOTES
    1. So in original; however, should read "604(a)(3)."

    LEGISLATIVE HISTORY:
    Public Law 95-109 [H.R. 5294]
    HOUSE REPORT No. 95-131 (Comm. on Banking, Finance, and Urban Affairs).
    SENATE REPORT No. 95-382 (Comm. on Banking, Housing, and Urban Affairs).
    CONGRESSIONAL RECORD, Vol. 123 (1977):
    Apr. 4, considered and passed House.
    Aug. 5, considered and passed Senate, amended.
    Sept. 8, House agreed to Senate amendment.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 39:
    Sept. 20, Presidential statement.
    AMENDMENTS:
    SECTION 621, SUBSECTIONS (b)(3), (b)(4) and (b)(5) were amended to transfer certain administrative enforcement responsibilities, pursuant to Pub. L. 95-473, ¤ 3(b), Oct. 17, 1978. 92 Stat. 166; Pub. L. 95-630, Title V. ¤ 501, November 10, 1978, 92 Stat. 3680; Pub. L. 98-443, ¤ 9(h), Oct. 4, 1984, 98 Stat. 708.
    SECTION 803, SUBSECTION (6), defining "debt collector," was amended to repeal the attorney at law exemption at former Section (6)(F) and to redesignate Section 803(6)(G) pursuant to Pub. L. 99-361, July 9, 1986, 100 Stat. 768. For legislative history, see H.R. 237, HOUSE REPORT No. 99-405 (Comm. on Banking, Finance and Urban Affairs). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 2, considered and passed House. Vol. 132 (1986): June 26, considered and passed Senate.
    SECTION 807, SUBSECTION (11), was amended to affect when debt collectors must state (a) that they are attempting to collect a debt and (b) that information obtained will be used for that purpose, pursuant to Pub. L. 104-208 ¤ 2305, 110 Stat. 3009 (Sept. 30, 1996).


    Fair Credit Reporting Act (FCRA)

    Fair Credit Reporting Act (15 U.S.C. §§ 1681-1681(v), as amended)

    The Act protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report cannot be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. Also, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. Further, users must identify the company that provided the report, so that the accuracy and completeness of the report may be verified or contested by the consumer.

    Under the Fair Credit Reporting Act, you have the right to the following:

    Know all the information that's in your credit report. In most cases, you have the right to know the source of that information
    Obtain a free copy of your report within 60 days of a credit denial. Otherwise, the credit bureau may charge you a nominal fee for this service. Know who has requested your report in the last year.
    Confidentiality of personal medical information. Such information can only be released with your permission. Approve access to your credit record by prospective employers. Have the credit bureau investigate an error in your report. You must notify the bureau of your dispute in writing. The credit bureau must notify you within five days of a completed investigation and fix mistakes in your record within 30 days. Then it must send a corrected report to anyone who asked for a copy in the past six months. At your request, the bureau must also send a revised report to potential employers who have requested it within the past two years. If you disagree with the credit bureau's conclusion, you have a right to include a brief explanation in your credit report. Request credit bureaus stop selling your name to companies that make pre-approved credit offers.

    Fair Credit Reporting Act

    United States Code
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 41 - CONSUMER CREDIT PROTECTION
    SUBCHAPTER III - CREDIT REPORTING AGENCIES
    Section 1681. Congressional Findings And Statement Of Purpose
    Section 1681a. Definitions; Rules Of Construction
    Section 1681b. Permissible Purposes Of Consumer Reports
    Section 1681c. Requirements Relating To Information Contained In Consumer Reports
    Section 1681d Disclosure Of Investigative Consumer Reports
    Section 1681e. Compliance Procedures
    Section 1681f. Disclosures To Governmental Agencies
    Section 1681g. Disclosures To Consumers
    Section 1681h. Conditions And Form Of Disclosure To Consumers
    Section 1681i. Procedure In Case Of Disputed Accuracy
    Section 1681j. Charges For Certain Disclosures
    Section 1681k. Public Record Information For Employment Purposes
    Section 1681l. Restrictions On Investigative Consumer Reports
    Section 1681m. Requirements On Users Of Consumer Reports
    Section 1681n. Civil Liability For Willful Noncompliance
    Section 1681o. Civil Liability For Negligent Noncompliance
    Section 1681p. Jurisdiction Of Courts; Limitation Of Actions
    Section 1681q. Obtaining Information Under False Pretenses
    Section 1681r. Unauthorized Disclosures By Officers Or Employees
    Section 1681s. Administrative Enforcement
    Section 1681s-1. Information On Overdue Child Support Obligations
    Section 1681s-2. Responsibilities Of Furnishers Of Information To Consumer Reporting Agencies
    Section 1681t. Relation To State Laws
    Section 1681u. Disclosures To FBI For Counterintelligence Purposes
    Section 1681v. Disclosures To Governmental Agencies For Counterterrorism Purposes

    Section 1681. Congressional findings and statement of purpose

    (a) Accuracy and fairness of credit reporting
    The Congress makes the following findings:
    (1) The banking system is dependent upon fair and accurate credit
    reporting. Inaccurate credit reports directly impair the
    efficiency of the banking system, and unfair credit reporting
    methods undermine the public confidence which is essential to the
    continued functioning of the banking system.
    (2) An elaborate mechanism has been developed for investigating
    and evaluating the credit worthiness, (FOOTNOTE 1) credit standing,
    credit capacity, character, and general reputation of consumers.
    (FOOTNOTE 1) So in original. Probably should be
    ''creditworthiness,''.
    (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 subchapter 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 subchapter.

    Section 1681a. Definitions; rules of construction

    (a) Definitions and rules of construction set forth in this
    section are applicable for the purposes of this subchapter.
    (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, (FOOTNOTE 1) 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 -
    (FOOTNOTE 1) So in original. Probably should be
    ''creditworthiness,''.
    (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 1681b of this
    title.
    (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 1681m of this title; or
    (D) a communication described in subsection (o) of this
    section.
    (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.
    (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 1691(d)(6) of this
    title; 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
    1681b(a)(3)(D) of this title; 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
    1681b(a)(3)(F)(ii) of this title; 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
    1691(d)(6) of this title 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 (FOOTNOTE 2) or
    insurability, as applicable, that are established -
    (FOOTNOTE 2) So in original. Probably should be
    ''creditworthiness''.
    (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 (FOOTNOTE 2) 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 (FOOTNOTE 2) 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) of this section, would
    be an investigative consumer report;
    (2) that is made to a prospective employer for the purpose of -
    (A) procuring an employee for the 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, (FOOTNOTE
    3) credit standing, or credit capacity, each of the following
    regarding consumers residing nationwide:
    (FOOTNOTE 3) So in original. Probably should be
    ''creditworthiness,''.
    (1) Public record information.
    (2) Credit account information from persons who furnish that
    information regularly and in the ordinary course of business.

    Section 1681b. Permissible purposes of consumer reports

    (a) In general
    Subject to subsection (c) of this section, 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 654 of
    title 42 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 subchapter, as prescribed by the Federal Trade
    Commission under section 1681g(c)(3) of this title.
    (2) Disclosure to consumer
    (A) In general
    Except as provided in subparagraph (B), a person may not
    procure a consumer report, or cause a consumer report to be
    procured, for employment purposes with respect to any consumer,
    unless -
    (i) a clear and conspicuous disclosure has been made in
    writing to the consumer at any time before the report is
    procured or caused to be procured, in a document that
    consists solely of the disclosure, that a consumer report may
    be obtained for employment purposes; and
    (ii) the consumer has authorized in writing (which
    authorization may be made on the document referred to in
    clause (i)) the procurement of the report by that person.
    (B) Application by mail, telephone, computer, or other similar
    means
    If a consumer described in subparagraph (C) applies for
    employment by mail, telephone, computer, or other similar
    means, at any time before a consumer report is procured or
    caused to be procured in connection with that application -
    (i) the person who procures the consumer report on the
    consumer for employment purposes shall provide to the
    consumer, by oral, written, or electronic means, notice that
    a consumer report may be obtained for employment purposes,
    and a summary of the consumer's rights under section
    1681m(a)(3) of this title; and
    (ii) the consumer shall have consented, orally, in writing,
    or electronically to the procurement of the report by that
    person.
    (C) Scope
    Subparagraph (B) shall apply to a person procuring a consumer
    report on a consumer in connection with the consumer's
    application for employment only if -
    (i) the consumer is applying for a position over which the
    Secretary of Transportation has the power to establish
    qualifications and maximum hours of service pursuant to the
    provisions of section 31502 of title 49, or a position
    subject to safety regulation by a State transportation
    agency; and
    (ii) as of the time at which the person procures the report
    or causes the report to be procured the only interaction
    between the consumer and the person in connection with that
    employment application has been by mail, telephone, computer,
    or other similar means.
    (3) Conditions on use for adverse actions
    (A) In general
    Except as provided in subparagraph (B), in using a consumer
    report for employment purposes, before taking any adverse
    action based in whole or in part on the report, the person
    intending to take such adverse action shall provide to the
    consumer to whom the report relates -
    (i) a copy of the report; and
    (ii) a description in writing of the rights of the consumer
    under this subchapter, as prescribed by the Federal Trade
    Commission under section 1681g(c)(3) of this title.
    (B) Application by mail, telephone, computer, or other similar
    means
    (i) If a consumer described in subparagraph (C) applies for
    employment by mail, telephone, computer, or other similar
    means, and if a person who has procured a 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 1681m(a) of
    this title, within 3 business days of taking such action, an
    oral, written or electronic notification -
    (I) that adverse action has been taken based in whole or in
    part on a consumer report received from a consumer reporting
    agency;
    (II) of the name, address and telephone number of the
    consumer reporting agency that furnished the consumer report
    (including a toll-free telephone number 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 1681g(c)(3) of this
    title.
    (C) Scope
    Subparagraph (B) shall apply to a person procuring a consumer
    report on a consumer in connection with the consumer's
    application for employment only if -
    (i) the consumer is applying for a position over which the
    Secretary of Transportation has the power to establish
    qualifications and maximum hours of service pursuant to the
    provisions of section 31502 of title 49, or a position
    subject to safety regulation by a State transportation
    agency; and
    (ii) as of the time at which the person procures the report
    or causes the report to be procured the only interaction
    between the consumer and the person in connection with that
    employment application has been by mail, telephone, computer,
    or other similar means.
    (4) Exception for national security investigations
    (A) In general
    In the case of an agency or department of the United States
    Government which seeks to obtain and use a consumer report for
    employment purposes, paragraph (3) shall not apply to any
    adverse action by such agency or department which is based in
    part on such consumer report, if the head of such agency or
    department makes a written finding that -
    (i) the consumer report is relevant to a national security
    investigation of such agency or department;
    (ii) the investigation is within the jurisdiction of such
    agency or department;
    (iii) there is reason to believe that compliance with
    paragraph (3) will -
    (I) endanger the life or physical safety of any person;
    (II) result in flight from prosecution;
    (III) result in the destruction of, or tampering with,
    evidence relevant to the investigation;
    (IV) result in the intimidation of a potential witness
    relevant to the investigation;
    (V) result in the compromise of classified information;
    or
    (VI) otherwise seriously jeopardize or unduly delay the
    investigation or another official proceeding.
    (B) Notification of consumer upon conclusion of investigation
    Upon the conclusion of a national security investigation
    described in subparagraph (A), or upon the determination that
    the exception under subparagraph (A) is no longer required for
    the reasons set forth in such subparagraph, the official
    exercising the authority in such subparagraph shall provide to
    the consumer who is the subject of the consumer report with
    regard to which such finding was made -
    (i) a copy of such consumer report with any classified
    information redacted as necessary;
    (ii) notice of any adverse action which is based, in part,
    on the consumer report; and
    (iii) the identification with reasonable specificity of the
    nature of the investigation for which the consumer report was
    sought.
    (C) Delegation by head of agency or department
    For purposes of subparagraphs (A) and (B), the head of any
    agency or department of the United States Government may
    delegate his or her authorities under this paragraph to an
    official of such agency or department who has personnel
    security responsibilities and is a member of the Senior
    Executive Service or equivalent civilian or military rank.
    (D) Report to the Congress
    Except as provided in subparagraph (E), not later than
    January 31 of each year, the head of each agency and department
    of the United States Government that exercised authority under
    this paragraph during the preceding year shall submit a report
    to the Congress on the number of times the department or agency
    exercised such authority during the year.
    (E) Reports to congressional intelligence committees
    In the case of a report to be submitted under subparagraph
    (D) to the congressional intelligence committees (as defined in
    section 401a of title 50), the submittal date for such report
    shall be as provided in section 415b of title 50.
    (F) 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 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) of this section in connection with any credit
    or insurance transaction that is not initiated by the consumer
    only if -
    (A) the consumer authorizes the agency to provide such report
    to such person; or
    (B)(i) the transaction consists of a firm offer of credit or
    insurance;
    (ii) the consumer reporting agency has complied with
    subsection (e) of this section; and
    (iii) there is not in effect an election by the consumer,
    made in accordance with subsection (e) of this section, 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 1681g(a)(5) of this title, a
    consumer reporting agency shall not furnish to any person a
    record of inquiries in connection with a credit or insurance
    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) of this section 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) of this section, furnishes a consumer report in
    connection with a credit or insurance transaction that is not
    initiated by a consumer, shall -
    (i) establish and maintain a notification system, including
    a toll-free telephone number, which permits any consumer
    whose consumer report is maintained by the agency to notify
    the agency, with 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 September 30,
    1996, and not less than annually thereafter, in a publication
    of general circulation in the area served by the agency -
    (I) a notification that information in consumer files
    maintained by the agency may be used in connection with
    such transactions; and
    (II) the address and toll-free telephone number for
    consumers to use to notify the agency of the consumer's
    election under clause (i).
    (B) Establishment and maintenance as 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 1681e
    of this title 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.

    Section 1681c. Requirements relating to information contained in consumer reports

    (a) Information excluded from consumer reports
    Except as authorized under subsection (b) of this section, no
    consumer reporting agency may make any consumer report containing
    any of the following items of information:
    (1) cases (FOOTNOTE 1) under title 11 or under the Bankruptcy Act
    that, from the date of entry of the order for relief or the date of
    adjudication, as the case may be, antedate the report by more than
    10 years.
    (FOOTNOTE 1) So in original. Probably should be capitalized.
    (2) Civil suits, civil judgments, and records of arrest that,
    from date of entry, antedate the report by more than seven years or
    until the governing statute of limitations has expired, whichever
    is the longer period.
    (3) Paid tax liens which, from date of payment, antedate the
    report by more than seven years.
    (4) Accounts placed for collection or charged to profit and loss
    which antedate the report by more than seven years.
    (5) Any other adverse item of information, other than records of
    convictions of crimes which antedates the report by more than seven
    years.
    (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) of
    subsection (a) of this section 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 September 30, 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 shall include in the report an
    identification of the chapter of such title 11 under which such
    case arises if provided by the source of the information. If any
    case arising or filed under title 11 is 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
    1681s-2(a)(4) of this title 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
    1681s-2(a)(3) of this title that information regarding a consumer
    who (FOOTNOTE 2) 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.
    (FOOTNOTE 2) So in original. Probably should be ''which''.

    Section 1681d. Disclosure of investigative consumer reports

    (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 1681g(c) of this title; and
    (2) the person certifies or has certified to the consumer
    reporting agency that -
    (A) the person has made the disclosures to the consumer
    required by paragraph (1); and
    (B) the person will comply with subsection (b) of this
    section.
    (b) Disclosure on request of nature and scope of investigation
    Any person who procures or causes to be 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 an
    investigative consumer report unless the agency has received a
    certification under subsection (a)(2) of this section from the
    person who requested the report.
    (2) Inquiries
    A consumer reporting agency shall not make an inquiry for the
    purpose of preparing an 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 1681k of this title, 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.

    Section 1681e. Compliance procedures

    (a) Identity and purposes of credit users
    Every consumer reporting agency shall maintain reasonable
    procedures designed to avoid violations of section 1681c of this
    title and to limit the furnishing of consumer reports to the
    purposes listed under section 1681b of this title. These
    procedures shall require that prospective users of the information
    identify themselves, certify the purposes for which the information
    is sought, and certify that the information will be used for no
    other purpose. Every consumer 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 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 subchapter.
    (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 1681b of this
    title 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 1681b of this title, including by requiring that
    each person to which the report (or information) is resold and
    that resells or provides the report (or 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 1681b(b)(4)(E)(i) of this
    title); and
    (B) the agency or department certifies in writing to the
    person reselling the report that nondisclosure is necessary to
    protect classified information or the safety of persons
    employed by or contracting with, or undergoing investigation
    for work or contracting with the agency or department.

    Section 1681f. Disclosures to governmental agencies

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

    Section 1681g. Disclosures to consumers

    (a) Information on file; sources; report recipients
    Every consumer reporting agency shall, upon request, and subject
    to section 1681h(a)(1) of this title, clearly and accurately
    disclose to the 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 subchapter, such sources shall be available to the plaintiff
    under appropriate discovery procedures in the court in which the
    action is brought.
    (3)(A) Identification of each person (including each end-user
    identified under section 1681e(e)(1) of this title) that procured a
    consumer report -
    (i) for employment purposes, during the 2-year period preceding
    the date on which the request is made; or
    (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 1681b(b)(4)(E)(i)
    of this title); and
    (ii) the head of the agency or department makes a written
    finding as prescribed under section 1681b(b)(4)(A) of this title.
    (4) The dates, original payees, and amounts of any checks upon
    which is based any adverse characterization of the consumer,
    included in the file at the time of the disclosure.
    (5) A record of all inquiries received by the agency during the
    1-year period preceding the request that identified the consumer in
    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 subchapter 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 subchapter; 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 subchapter and all rights of
    consumers under this subchapter;
    (B) an explanation of how the consumer may exercise the
    rights of the consumer under this subchapter;
    (C) a list of all Federal agencies responsible for enforcing
    any provision of this subchapter 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 1681c of this title 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 subchapter with
    respect to consumers' rights, the Federal Trade Commission (after
    consultation with each Federal agency referred to in section
    1681s(b) of this title) shall prescribe the form and content of
    any such disclosure of the rights of consumers required under
    this subchapter. 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).

    Section 1681h. Conditions and form of disclosure to consumers

    (a) In general
    (1) Proper identification
    A consumer reporting agency shall require, as a condition of
    making the disclosures required under section 1681g of this
    title, that the consumer furnish proper identification.
    (2) Disclosure in writing
    Except as provided in subsection (b) of this section, the
    disclosures required to be made under section 1681g of this title
    shall be 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 (FOOTNOTE 1) 1681g of this
    title -
    (FOOTNOTE 1) So in original. Probably should be followed by
    ''section''.
    (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 1681g of this title 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 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 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 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 (FOOTNOTE 2) except as to false
    information furnished with malice or willful intent to injure such
    consumer.
    (FOOTNOTE 2) So in original. Probably should be followed by a
    comma.

    Section 1681i. Procedure in case of disputed accuracy

    (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) of this section that the consumer
    reporting agency furnish notifications under that subsection.
    (7) Description of reinvestigation procedure
    A consumer reporting agency shall provide to a consumer a
    description referred to in paragraph (6)(B)(iii) by not later
    than 15 days after receiving a request from the consumer for that
    description.
    (8) Expedited dispute resolution
    If a dispute regarding an item of information in a consumer's
    file at a consumer reporting agency is resolved in accordance
    with 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) of this section 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.

    Section 1681j. Charges for certain disclosures

    (a) Reasonable charges allowed for certain disclosures
    (1) In general
    Except as provided in subsections (b), (c), and (d) of this
    section, a consumer reporting agency may impose a reasonable
    charge on a consumer -
    (A) for making a disclosure to the consumer pursuant to
    section 1681g of this title, which charge -
    (i) shall not exceed $8; and
    (ii) shall be indicated to the consumer before making the
    disclosure; and
    (B) for furnishing, pursuant to section 1681i(d) of this
    title, following a reinvestigation under section 1681i(a) of
    this title, a statement, codification, or summary to a person
    designated by the consumer under that section after the 30-day
    period beginning on the date of notification of the consumer
    under paragraph (6) or (8) of section 1681i(a) of this title
    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 1681g of
    this title without charge to the consumer if, not later than 60
    days after receipt by such consumer of a notification pursuant to
    section 1681m of this title, or of a notification from a debt
    collection agency affiliated with that consumer reporting agency
    stating that the consumer's credit rating may be or has been
    adversely affected, the consumer makes a request under section
    1681g of this title.
    (c) Free disclosure under certain other circumstances
    Upon the request of the consumer, a consumer reporting agency
    shall make all disclosures pursuant to section 1681g of this title
    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 subchapter
    or making any disclosure required by this subchapter, except as
    authorized by subsection (a) of this section.


    Section 1681k. Public record information for employment purposes

    (a) In general
    A consumer reporting agency which furnishes a consumer report for
    employment purposes and which for that purpose compiles and reports
    items of information on consumers which are matters of public
    record and are likely to have an adverse effect upon a consumer's
    ability to obtain employment shall -
    (1) at the time such public record 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) of this section does not apply in the case of an
    agency or department of the United States Government that seeks to
    obtain and use a consumer report for employment purposes, if the
    head of the agency or department makes a written finding as
    prescribed under section 1681b(b)(4)(A) of this title.


    Section 1681l. Restrictions on investigative consumer reports

    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.

    Section 1681m. Requirements on users of consumer reports

    (a) Duties of users taking adverse actions on basis of information
    contained in consumer reports
    If any person takes any adverse action with respect to any
    consumer that is based in whole or in part on any information
    contained in a consumer report, the person shall -
    (1) provide oral, written, or electronic notice of the adverse
    action to the consumer;
    (2) provide to the consumer 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 1681j of this title, 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 1681i of this title, 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, (FOOTNOTE 1) 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.
    (FOOTNOTE 1) So in original. Probably should be
    ''creditworthiness,''.
    (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 1681a(k)(1)(A) of this title, taken
    in connection with a transaction initiated by the consumer, or
    any adverse action described in clause (i) or (ii) of section
    1681a(k)(1)(B) of this title.
    (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, (FOOTNOTE 1) 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 basis of information contained in consumer
    files
    (1) In general
    Any person who uses a consumer report on any consumer in
    connection with any credit or insurance transaction that is not
    initiated by the consumer, that is provided to that person under
    section 1681b(c)(1)(B) of this title, shall provide with each
    written solicitation made to the consumer regarding the
    transaction a clear and conspicuous statement that -
    (A) information contained in the 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 (FOOTNOTE 2) or insurability under which the
    consumer was selected for the offer;
    (FOOTNOTE 2) So in original. Probably should be
    ''creditworthiness''.
    (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 (FOOTNOTE 2) 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 1681b(e) of this title.
    (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 1681b(e) of this title.
    (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 (FOOTNOTE 2) 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.


    Section 1681n. Civil liability for willful noncompliance

    (a) In general
    Any person who willfully fails to comply with any requirement
    imposed under this subchapter with respect to any consumer is
    liable to that consumer in an amount equal to the sum of -
    (1)(A) any actual damages sustained by the consumer as a result
    of the failure or damages of not less than $100 and not more than
    $1,000; 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.

    Section 1681o. Civil liability for negligent noncompliance

    (a) In general
    Any person who is negligent in failing to comply with any
    requirement imposed under this subchapter with respect to any
    consumer is liable to that consumer in an amount equal to the sum
    of -
    (1) 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.

    Section 1681p. Jurisdiction of courts; limitation of actions

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

    Section 1681q. Obtaining information under false pretenses

    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, imprisoned for not more than 2
    years, or both.

    Section 1681r. Unauthorized disclosures by officers or employees

    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, imprisoned
    for not more than 2 years, or both.

    Section 1681s. Administrative enforcement

    (a) Enforcement by Federal Trade Commission
    (1) Compliance with the requirements imposed under this
    subchapter 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 subchapter 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
    subchapter shall constitute an unfair or deceptive act or practice
    in commerce in violation of section 5(a) of the Federal Trade
    Commission Act (15 U.S.C. 45(a)) and shall be subject to
    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 subchapter 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 subchapter. Any person violating any of the
    provisions of this subchapter shall be subject to the penalties and
    entitled to the privileges and immunities provided in the Federal
    Trade Commission Act as though the applicable terms and provisions
    thereof were part of this subchapter.
    (2)(A) In the event of a knowing violation, which constitutes a
    pattern or practice of violations of this subchapter, 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 subchapter. 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 1681s-2(a)(1)
    of this title 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 subchapter
    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 1681m of this title 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) (FOOTNOTE 1) 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
    (FOOTNOTE 1) See References in Text note below.
    (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
    with respect to any Federal credit union;
    (4) subtitle IV of title 49, by the Secretary of
    Transportation, with respect to all carriers subject to the
    jurisdiction of the Surface Transportation Board;
    (5) part A of subtitle VII of title 49, by the Secretary of
    Transportation with respect to any air carrier or foreign air
    carrier subject to that part; 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,
    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
    subchapter 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 subchapter, 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 1681n and 1681o of this title as a
    result of the violation;
    (ii) in the case of a violation of section 1681s-2(a) of
    this title, damages for which the person would, but for
    section 1681s-2(c) of this title, be liable to such residents
    as a result of the violation; or
    (iii) damages of not more than $1,000 for each willful or
    negligent violation; and
    (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) of
    this section 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 (12
    U.S.C. 1818) for a violation of this subchapter, no State may,
    during the pendency of such action, bring an action under this
    section against any defendant named in the complaint of the
    Commission or the appropriate Federal regulator for any violation
    of this subchapter that is alleged in that complaint.
    (5) Limitations on State actions for violation of section
    1681s-2(a)(1)
    (A) Violation of injunction required
    A State may not bring an action against a person under
    paragraph (1)(B) for a violation of section 1681s-2(a)(1) of
    this title, unless -
    (i) the person has been enjoined from committing the
    violation, in an action brought by the State under paragraph
    (1)(A); and
    (ii) the person has violated the injunction.
    (B) Limitation on damages recoverable
    In an action against a person under paragraph (1)(B) for a
    violation of section 1681s-2(a)(1) of this title, 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 subchapter 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 subchapter 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) of this section shall jointly prescribe
    such regulations as necessary to carry out the purposes of this
    subchapter with respect to any persons identified under paragraphs
    (1) and (2) of subsection (b) of this section, 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 subchapter with respect to any persons identified under
    paragraph (3) of subsection (b) of this section.

    Section 1681s-1. Information on overdue child support obligations

    Notwithstanding any other provision of this subchapter, a
    consumer reporting agency shall include in any consumer report
    furnished by the agency in accordance with section 1681b of this
    title, any information on the failure of the 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.

    Section 1681s-2. Responsibilities of furnishers of information to consumer reporting agencies

    (a) Duty of furnishers of information to provide accurate
    information
    (1) Prohibition
    (A) Reporting information with actual knowledge of errors
    A person shall not furnish any information relating to a
    consumer to any consumer reporting agency if the person knows
    or 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 1681i(a)(2) of this
    title 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 1681i(a)(2) of this title;
    (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 1681i(a)(1) of this title
    within which the consumer reporting agency is required to
    complete actions required by that section regarding that
    information.
    (c) Limitation on liability
    Sections 1681n and 1681o of this title do not apply to any
    failure to comply with subsection (a) of this section, except as
    provided in section 1681s(c)(1)(B) of this title.
    (d) Limitation on enforcement
    Subsection (a) of this section shall be enforced exclusively
    under section 1681s of this title by the Federal agencies and
    officials and the State officials identified in that section.


    Section 1681t. Relation to State laws

    (a) In general
    Except as provided in subsections (b) and (c) of this section,
    this subchapter does not annul, alter, affect, or exempt any person
    subject to the provisions of this subchapter from 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 subchapter,
    and then only to the extent of the inconsistency.
    (b) General exceptions
    No requirement or prohibition may be imposed under the laws of
    any State -
    (1) with respect to any subject matter regulated under -
    (A) subsection (c) or (e) of section 1681b of this title,
    relating to the prescreening of consumer reports;
    (B) section 1681i of this title, relating to the time by
    which a consumer reporting 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 September 30,
    1996;
    (C) subsections (a) and (b) of section 1681m of this title,
    relating to the duties of a person who takes any adverse action
    with respect to a consumer;
    (D) section 1681m(d) of this title, relating to the duties of
    persons who use a consumer report of a consumer in connection
    with any credit or insurance transaction that is not initiated
    by the consumer and that consists of a firm offer of credit or
    insurance;
    (E) section 1681c of this title, relating to information
    contained in consumer reports, except that this subparagraph
    shall not apply to any State law in effect on September 30,
    1996; or
    (F) section 1681s-2 of this title, relating to the
    responsibilities of persons who furnish information to consumer
    reporting agencies, except that this paragraph shall not apply
    -
    (i) with respect to section 54A(a) of chapter 93 of the
    Massachusetts Annotated Laws (as in effect on September 30,
    1996); or
    (ii) with respect to section 1785.25(a) of the California
    Civil Code (as in effect on September 30, 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 September 30, 1996); or
    (3) with respect to the form and content of any disclosure
    required to be made under section 1681g(c) of this title.
    (c) ''Firm offer of credit or insurance'' defined
    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 1681a(l) of
    this title shall be construed to apply in the enforcement and
    interpretation of the laws of any State governing consumer reports.
    (d) Limitations
    Subsections (b) and (c) of this section -
    (1) do not affect any settlement, agreement, or consent
    judgment between any State Attorney General and any consumer
    reporting agency in effect on September 30, 1996; 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 subchapter; and
    (C) gives greater protection to consumers than is provided
    under this subchapter.

    Section 1681u. Disclosures to FBI for counterintelligence purposes

    (a) Identity of financial institutions
    Notwithstanding section 1681b of this title or any other
    provision of this subchapter, a consumer reporting agency shall
    furnish to the Federal Bureau of Investigation the names and
    addresses of all financial institutions (as that term is defined in
    section 3401 of title 12) at which a consumer maintains or has
    maintained an account, to the extent that information is in the
    files of the agency, when presented with a written request for that
    information, signed by the Director of the Federal Bureau of
    Investigation, or the Director's designee in a position not lower
    than Deputy Assistant Director at Bureau headquarters or a Special
    Agent in Charge of a Bureau field office designated by the
    Director, which certifies compliance with this section. The
    Director or the Director's designee may make such a certification
    only if the Director or the Director's designee has determined in
    writing, that such information is sought for the conduct of an
    authorized investigation to protect against international terrorism
    or clandestine intelligence activities, provided that such an
    investigation of a United States person is not conducted solely
    upon the basis of activities protected by the first amendment to
    the Constitution of the United States.
    (b) Identifying information
    Notwithstanding the provisions of section 1681b of this title or
    any other provision of this subchapter, a consumer reporting agency
    shall furnish identifying information respecting a consumer,
    limited to name, address, former addresses, places of employment,
    or former places of employment, to the Federal Bureau of
    Investigation when presented with a written request, signed by the
    Director 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 subsection. 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.
    (c) Court order for disclosure of consumer reports
    Notwithstanding section 1681b of this title or any other
    provision of this subchapter, if requested in writing by the
    Director of the Federal Bureau of Investigation, or a designee of
    the Director in a position not lower than Deputy Assistant Director
    at Bureau headquarters or a Special Agent in Charge in a Bureau
    field office designated by the Director, a court may issue an order
    ex parte directing a consumer reporting agency to furnish a
    consumer report to the 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) of this section, and no
    consumer reporting agency or officer, employee, or agent of a
    consumer reporting agency shall include in any consumer report any
    information that would indicate that the Federal Bureau of
    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 subchapter. Nothing in this section shall be
    construed to authorize or permit the withholding of information
    from the Congress.
    (h) Reports to Congress
    (1) On a semiannual basis, the Attorney General shall fully
    inform the Permanent Select Committee on Intelligence and the
    Committee on Banking, Finance and Urban Affairs of the House of
    Representatives, and the Select Committee on Intelligence and the
    Committee on Banking, Housing, and Urban Affairs of the Senate
    concerning all requests made pursuant to subsections (a), (b), and
    (c) of this section.
    (2) In the case of the semiannual reports required to be
    submitted under paragraph (1) to the Permanent Select Committee on
    Intelligence of the House of Representatives and the Select
    Committee on Intelligence of the Senate, the submittal dates for
    such reports shall be as provided in section 415b of title 50.
    (i) Damages
    Any agency or department of the United States obtaining or
    disclosing any consumer reports, records, or information contained
    therein in violation of this section is liable to the consumer to
    whom such consumer reports, records, or information relate in an
    amount equal to the sum of -
    (1) $100, without regard to the volume of consumer reports,
    records, or information involved;
    (2) any actual damages sustained by the consumer as a result of
    the disclosure;
    (3) if the violation is found to have been willful or
    intentional, such punitive damages as a court may allow; and
    (4) in the case of any successful action to enforce liability
    under this subsection, the costs of the action, together with
    reasonable attorney fees, as determined by the court.
    (j) Disciplinary actions for violations
    If a court determines that any agency or department of the United
    States has violated any provision of this section and the court
    finds that the circumstances surrounding the violation raise
    questions of whether or not an officer or employee of the agency or
    department acted willfully or intentionally with respect to the
    violation, the agency or department shall promptly initiate a
    proceeding to determine whether or not disciplinary action is
    warranted against the officer or employee who was responsible for
    the violation.
    (k) Good-faith exception
    Notwithstanding any other provision of this subchapter, any
    consumer reporting agency or agent or employee thereof making
    disclosure of consumer reports or identifying information pursuant
    to this subsection in good-faith reliance upon a certification of
    the Federal Bureau of Investigation pursuant to provisions of this
    section shall not be liable to any person for such disclosure under
    this subchapter, the constitution of any State, or any law or
    regulation of any State or any political subdivision of any State.
    (l) Limitation of remedies
    Notwithstanding any other provision of this subchapter, the
    remedies and sanctions set forth in this section shall be the only
    judicial remedies and sanctions for violation of this section.
    (m) Injunctive relief
    In addition to any other remedy contained in this section,
    injunctive relief shall be available to require compliance with the
    procedures of this section. In the event of any successful action
    under this subsection, costs together with reasonable attorney
    fees, as determined by the court, may be recovered.

    Section 1681v. Disclosures to governmental agencies for counterterrorism purposes

    (a) Disclosure
    Notwithstanding section 1681b of this title or any other
    provision of this subchapter, 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) of this section
    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) of this
    section.
    (d) Rule of construction
    Nothing in section 1681u of this title shall be construed to
    limit the authority of the Director of the Federal Bureau of
    Investigation under this section.
    (e) Safe harbor
    Notwithstanding any other provision of this subchapter, any
    consumer reporting agency or agent or employee thereof making
    disclosure of consumer reports or other information pursuant to
    this section in good-faith reliance upon a 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.


    Fair Credit Billing Act


    Fair Credit Billing Act (FCBA)
    This Act requires your credit company to provide prompt correction of credit and charge billing errors. However, there are certain things you must do to protect your rights.

    If you find an error on your bill, you should write a letter to the credit card company's customer service department right away. Your letter must reach the credit card company within 60 days after the bill was mailed. In your letter include your name, card number, and the amount involved. Briefly describe the error. Make sure to also include a copy of the bill and any receipts. Keep your originals. Also, keep a copy of your letter.

    Within 30 days, the credit card company must acknowledge your letter or correct the error. If the credit card company disagrees with you, it must write bank within 90 days (or two billing cycles, whichever is less). During this time, the credit card company can't report the disputed amount to a credit bureau as overdue. If your claim is confirmed, any interest charged on the disputed amount must be dropped.

    Fair Credit and Charge Card Disclosure Act

    Fair Credit and Charge Card Disclosure Act (FCCCDA)
    Under this Act, credit and charge companies must provide you with information about their terms. Features like Annual Percentage Rates (APRs), cash advances, and annual fees may vary from one card to another. Cards may charge different APRs for purchases than they do for cash advances, and the APR may change. Card issuers are required to disclose their terms in writing at the time you apply. If a card company offers you a written "pre-approved" credit solicitation, the offer must include these written terms. Also, card issuers must inform customers if they make certain changes in rates or coverage for credit insurance.

    Equal Credit Opportunity Act

    Equal Credit Opportunity Act (ECOPA)
    The Equal Credit Opportunity Act guarantees equal opportunity to all customers of credit card companies, banks, loan and finance companies, retail stores and credit unions. Discrimination on the basis of race, color, sex, national origin, marital status, age (provided the customer has the capacity to enter into a binding contract), receipt of public assistance, or the fact that the consumer has in good faith exercised any right under the Consumer Credit Protection Act is strictly prohibited.
    The following summarizes some of the key protections under the Act:
    · In general, creditors cannot ask you for your race, sex, or national origin, nor can they use theses factors when deciding whether to give you a loan or other credit. However, if you apply for a mortgage, the lender is required to ask you about these facts. Your answers may be used to help enforce laws against discrimination. Even so, you aren't required to give this information.
    · You're entitled to your own credit history-in your individual name-even if you are married. This can be important if you should ever need credit on your own. However, if you share credit with your spouse, you will share your own partner's credit record as well.
    · If you apply for unsecured credit on your own, your marital status is off-limits.
    · You don't have to tell a creditor you're divorces or you're receiving support payments. However, a lender has a legitimate interest in your ability to repay your debts. Therefore, you may have to disclose any alimony, maintenance, or child support you're obligate to pay. You must also list any support payments you receive if you want to be counted as income on your application.
    · You don't have to tell a creditor you're divorces or you're receiving support payments. However, a lender has a legitimate interest in your ability to repay your debts. Therefore, you may have to disclose any alimony, maintenance, or child support you're obligate to pay. You must also list any support payments you receive if you want to be counted as income on your application.
    · As long as you're old enough to sign a legal contract, your age can be used against you.
    · A creditor cannot discriminate against you if you receive public assistance. However, a creditor can verify any income you list on a credit application.


    Send your letter by certified mail, and request a return receipt so you can document what the credit bureau received and when. Keep copies of your dispute letter and enclosures. Credit bureaus must usually investigate the items in question within 30 days, unless they consider your dispute frivolous. They also must forward all relevant date you provide about the dispute to the information provider. After the information provider receives notice of a dispute from the credit bureau, it must investigate, review all relevant information provided by the credit bureau, and report the results to the credit bureau. If the information provider finds the disputed information to be inaccurate, it must notify any nationwide credit bureau that it reports to so that the credit bureau can correct this information in your file. Note that:
    · Disputed information that cannot be verified must be deleted from your file.
    · If your report contains erroneous information, the credit bureau must correct it.
    · If an item is incomplete, the credit bureau must complete it. For example, if your file shows that you have been late making payments, but fails to show that you are no longer delinquent, the credit bureau must show that you're current.
    If your file shows an account that belongs to someone else, the credit bureau must delete it.

    When the investigation is complete, the credit bureau must give you written results and a free copy of your report if the dispute results in a change. If an item is changed or removed, the credit bureau cannot put the disputed information back in your file unless the information provider verifies its accuracy and completeness, and the credit bureau gives you a written notice that includes the name, address, and phone number of the information provider.

    Dealing with creditors/information providers

    In addition to writing to the credit bureau, tell the creditor or other information providers in writing that you dispute an item. Again, include copies (NOT originals) of documents that support your position. Many information providers specify an address for disputes. If the information provider then reports the item to any credit bureau, it must include a notice of your dispute. In addition, if your are correct-that is, if the disputed information is not accurate-the information provider must not use it again.

    Additional Resources
    For more information, consult How to Dispute Credit Report Errors and Fair Credit Reporting, two brochures available from the Federal Trade Commission or online at www.consumer.gov/idtheft or
    For more information, go to our Financial Library and download the two brochures.
    If you want a summarized version of Fair Credit Reporting Act, go to Your Legal Rights Section


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