|
|
CREDIT REPAIR KIT THE FAIR CREDIT REPORTING ACT As a public service, the staff of the Federal Trade Commission (FTC) has prepared the following complete text of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. Although staff generally followed the format of the U.S. Code as published by the Government Printing Office, the format of this text does differ in minor ways from the Code (and from West's U.S. Code Annotated). For example, this version uses FCRA section numbers (§§ 601-625) in the headings. (The relevant U.S. Code citation is included with each section heading and each reference to the FCRA in the text.) This version of the FCRA is complete as of January 7, 2002. It includes the amendments to the FCRA set forth in the Consumer Credit Reporting Reform Act of 1996 (Public Law 104-208, the Omnibus Consolidated Appropriations Act for Fiscal Year 1997, Title II, Subtitle D, Chapter 1), Section 311 of the Intelligence Authorization for Fiscal Year 1998 (Public Law 105-107), the Consumer Reporting Employment Clarification Act of 1998 (Public Law 105-347), Section 506 of the Gramm-Leach-Bliley Act (Public Law 106-102), and Sections 358(g) and 505(c) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act) (Public Law 107-56). TABLE OF CONTENTS § 601
Short title § 601. Short title This title may be cited as the Fair Credit Reporting Act. § 602. Congressional findings and statement of purpose [15 U.S.C. § 1681] (a) Accuracy and fairness of credit reporting. The Congress makes the following findings: (1) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. (2)
An elaborate mechanism has been developed for investigating and evaluating
the credit worthiness, credit standing, credit capacity, character, and
general reputation of consumers. (b) Reasonable procedures. It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title. § 603. Definitions; rules of construction [15 U.S.C. § 1681a] (a) Definitions and rules of construction set forth in this section are applicable for the purposes of this title. (b) The term "person" means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. (c) The term "consumer" means an individual. (d) Consumer report. (1)
In general. The term "consumer report" means any written, oral,
or other communication of any information by a consumer reporting agency
bearing on a consumer's credit worthiness, credit standing, credit capacity,
character, general reputation, personal characteristics, or mode of living
which is used or expected to be used or collected in whole or in part
for the purpose of serving as a factor in establishing the consumer's
eligibility for (e) The term "investigative consumer report" means a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. (f) The term "consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. (g) The term "file," when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. (h) The term "employment purposes" when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. (i) The term "medical information" means information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics, or other medical or medically related facilities. (j) Definitions relating to child support obligations. (1)
Overdue support. The term "overdue support" has the meaning
given to such term in section 666(e) of title 42 [Social Security Act,
42 U.S.C. § 666(e)]. (k) Adverse action. (1)
Actions included. The term "adverse action" (l) Firm offer of credit or insurance. The term "firm offer of credit or insurance" means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following: (1)
The consumer being determined, based on information in the consumer's
application for the credit or insurance, to meet specific criteria bearing
on credit worthiness or insurability, as applicable, that are established
(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 (n) State. The term "State" means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States. (o) Excluded communications. A communication is described in this subsection if it is a communication (1)
that, but for subsection (d)(2)(D), would be an investigative consumer
report; (p) Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis. The term "consumer reporting agency that compiles and maintains files on consumers on a nationwide basis" means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumer's credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide: (1)
Public record information. § 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b]
(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. (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 (c) Furnishing reports in connection with credit or insurance transactions that are not initiated by the consumer. (1)
In general. A consumer reporting agency may furnish a consumer report
relating to any consumer pursuant to subparagraph (A) or (C) of subsection
(a)(3) in connection with any credit or insurance transaction that is
not initiated by the consumer only if (d) Reserved. (e) Election of consumer to be excluded from lists. (1)
In general. A consumer may elect to have the consumer's name and address
excluded from any list provided by a consumer reporting agency under subsection
(c)(1)(B) in connection with a credit or insurance transaction that is
not initiated by the consumer, by notifying the agency in accordance with
paragraph (2) that the consumer does not consent to any use of a consumer
report relating to the consumer in connection with any credit or insurance
transaction that is not initiated by the consumer. (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 (g) Furnishing reports containing medical information. A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information about a consumer, unless the consumer consents to the furnishing of the report. § 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c] (a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information: (1)
Cases under title 11 [United States Code] or under the Bankruptcy Act
that, from the date of entry of the order for relief or the date of adjudication,
as the case may be, antedate the report by more than 10 years. (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; (c) Running of reporting period. (1)
In general. The 7-year period referred to in paragraphs (4) and (6)(2)
of subsection (a) shall begin, with respect to any delinquent account
that is placed for collection (internally or by referral to a third party,
whichever is earlier), charged to profit and loss, or subjected to any
similar action, upon the expiration of the 180-day period beginning on
the date of the commencement of the delinquency which immediately preceded
the collection activity, charge to profit and loss, or similar action.
(d) Information required to be disclosed. Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that arises under title 11, United States Code, shall include in the report an identification of the chapter of such title 11 under which such case arises if provided by the source of the information. If any case arising or filed under title 11, United States Code, is withdrawn by the consumer before a final judgment, the consumer reporting agency shall include in the report that such case or filing was withdrawn upon receipt of documentation certifying such withdrawal. (e) Indication of closure of account by consumer. If a consumer reporting agency is notified pursuant to section 623(a)(4) [§ 1681s-2] that a credit account of a consumer was voluntarily closed by the consumer, the agency shall indicate that fact in any consumer report that includes information related to the account. (f) Indication of dispute by consumer. If a consumer reporting agency is notified pursuant to section 623(a)(3) [§ 1681s-2] that information regarding a consumer who was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information. § 606. Disclosure of investigative consumer reports [15 U.S.C. § 1681d] (a) Disclosure of fact of preparation. A person may not procure or cause to be prepared an investigative consumer report on any consumer unless (1)
it is clearly and accurately disclosed to the consumer that an investigative
consumer report including information as to his character, general reputation,
personal characteristics and mode of living, whichever are applicable,
may be made, and such disclosure (A)
the person has made the disclosures to the consumer required by paragraph
(1); and (b) Disclosure on request of nature and scope of investigation. Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection (a)(1) of this section, make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later. (c) Limitation on liability upon showing of reasonable procedures for compliance with provisions. No person may be held liable for any violation of subsection (a) or (b) of this section if he shows by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with subsection (a) or (b) of this section. (d) Prohibitions. (1)
Certification. A consumer reporting agency shall not prepare or furnish
investigative consumer report unless the agency has received a certification
under subsection (a)(2) from the person who requested the report. (3)
Certain public record information. Except as otherwise provided in section
613 [§ 1681k], a consumer reporting agency shall not furnish
an investigative consumer report that includes information that is a matter
of public record and that relates to an arrest, indictment, conviction,
civil judicial action, tax lien, or outstanding judgment, unless the agency
has verified the accuracy of the information during the 30-day period
ending on the date on which the report is furnished. (B) the person interviewed is the best possible source of the information. § 607. Compliance procedures [15 U.S.C. § 1681e] (a) Identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 605 [§ 1681c] and to limit the furnishing of consumer reports to the purposes listed under section 604 [§ 1681b] of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 604 [§ 1681b] of this title. (b) Accuracy of report. Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. (c) Disclosure of consumer reports by users allowed. A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report. (d) Notice to users and furnishers of information. (1)
Notice requirement. A consumer reporting agency shall provide to any person
(B) to whom a consumer report is provided by the agency; a notice of such person's responsibilities under this title. (2) Content of notice. The Federal Trade Commission shall prescribe the content of notices under paragraph (1), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph (1) that is substantially similar to the Federal Trade Commission prescription under this paragraph. (e) Procurement of consumer report for resale. (1)
Disclosure. A person may not procure a consumer report for purposes of
reselling the report (or any information in the report) unless the person
discloses to the consumer reporting agency that originally furnishes the
report (A)
establish and comply with reasonable procedures designed to ensure that
the report (or information) is resold by the person only for a purpose
for which the report may be furnished under section 604 [§ 1681b],
including by requiring that each person to which the report (or information)
is resold and that resells or provides the report (or information) to
any other person (B)
before reselling the report, make reasonable efforts to verify the identifications
and certifications made under subparagraph (A). (A)
the end user is an agency or department of the United States Government
which procures the report from the person for purposes of determining
the eligibility of the consumer concerned to receive access or continued
access to classified information (as defined in section 604(b)(4)(E)(i));
and § 608. Disclosures to governmental agencies [15 U.S.C. § 1681f] Notwithstanding the provisions of section 604 [§ 1681b] of this title, a consumer reporting agency may furnish identifying information respecting any consumer, limited to his name, address, former addresses, places of employment, or former places of employment, to a governmental agency. § 609. Disclosures to consumers [15 U.S.C. § 1681g] (a) Information on file; sources; report recipients. Every consumer reporting agency shall, upon request, and subject to 610(a)(1) [§ 1681h], clearly and accurately disclose to the consumer: (1)
All information in the consumer's file at the time of the request, except
that nothing in this paragraph shall be construed to require a consumer
reporting agency to disclose to a consumer any information concerning
credit scores or any other risk scores or predictors relating to the consumer.
(b) Exempt information. The requirements of subsection (a) of this section respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this title except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date. (c) Summary of rights required to be included with disclosure. (1) Summary of rights. A consumer reporting agency shall provide to a consumer, with each written disclosure by the agency to the consumer under this section (A) a written summary of all of the rights that the consumer has under this title; and (B) in the case of a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis, a toll-free telephone number established by the agency, at which personnel are accessible to consumers during normal business hours. (2) Specific items required to be included. The summary of rights required under paragraph (1) shall include (A) a brief description of this title and all rights of consumers under this title; (B) an explanation of how the consumer may exercise the rights of the consumer under this title; (C)
a list of all Federal agencies responsible for enforcing any provision
of this title and the address and any appropriate phone number of each
such agency, in a form that will assist the consumer in selecting the
appropriate agency; § 610. Conditions and form of disclosure to consumers [15 U.S.C. § 1681h] (a) In general. (1) Proper identification. A consumer reporting agency shall require, as a condition of making the disclosures required under section 609 [§ 1681g], that the consumer furnish proper identification. (2) Disclosure in writing. Except as provided in subsection (b), the disclosures required to be made under section 609 [§ 1681g] shall be provided under that section in writing. (b) Other forms of disclosure. (1)
In general. If authorized by a consumer, a consumer reporting agency may
make the disclosures required under 609 [§ 1681g] (i)
specified by the consumer in accordance with paragraph (2); and (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; (c) Trained personnel. Any consumer reporting agency shall provide trained personnel to explain to the consumer any information furnished to him pursuant to section 609 [§ 1681g] of this title. (d) Persons accompanying consumer. The consumer shall be permitted to be accompanied by one other person of his choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer's file in such person's presence. (e) Limitation of liability. Except as provided in sections 616 and 617 [§§ 1681n and 1681o] of this title, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency, based on information disclosed pursuant to section 609, 610, or 615 [§§ 1681g, 1681h, or 1681m] of this title or based on information disclosed by a user of a consumer report to or for a consumer against whom the user has taken adverse action, based in whole or in part on the report, except as to false information furnished with malice or willful intent to injure such consumer. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (a) Reinvestigations of disputed information. (1)
Reinvestigation required. (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. 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)). (b) Statement of dispute. If the reinvestigation does not resolve the dispute, the consumer may file a brief statement setting forth the nature of the dispute. The consumer reporting agency may limit such statements to not more than one hundred words if it provides the consumer with assistance in writing a clear summary of the dispute. (c) Notification of consumer dispute in subsequent consumer reports. Whenever a statement of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer's statement or a clear and accurate codification or summary thereof. (d) Notification of deletion of disputed information. Following any deletion of information which is found to be inaccurate or whose accuracy can no longer be verified or any notation as to disputed information, the consumer reporting agency shall, at the request of the consumer, furnish notification that the item has been deleted or the statement, codification or summary pursuant to subsection (b) or (c) of this section to any person specifically designated by the consumer who has within two years prior thereto received a consumer report for employment purposes, or within six months prior thereto received a consumer report for any other purpose, which contained the deleted or disputed information. § 612. Charges for certain disclosures [15 U.S.C. § 1681j] (a) Reasonable charges allowed for certain disclosures. (1)
In general. Except as provided in subsections (b), (c), and (d), a consumer
reporting agency may impose a reasonable charge on a consumer (ii) shall be indicated to the consumer before furnishing such information. (2) Modification of amount. The Federal Trade Commission shall increase the amount referred to in paragraph (1)(A)(I) on January 1 of each year, based proportionally on changes in the Consumer Price Index, with fractional changes rounded to the nearest fifty cents. (b) Free disclosure after adverse notice to consumer. Each consumer reporting agency that maintains a file on a consumer shall make all disclosures pursuant to section 609 [§ 1681g] without charge to the consumer if, not later than 60 days after receipt by such consumer of a notification pursuant to section 615 [§ 1681m], or of a notification from a debt collection agency affiliated with that consumer reporting agency stating that the consumer's credit rating may be or has been adversely affected, the consumer makes a request under section 609 [§ 1681g]. (c) Free disclosure under certain other circumstances. Upon the request of the consumer, a consumer reporting agency shall make all disclosures pursuant to section 609 [§ 1681g] once during any 12-month period without charge to that consumer if the consumer certifies in writing that the consumer (1)
is unemployed and intends to apply for employment in the 60-day period
beginning on the date on which the certification is made; (d) Other charges prohibited. A consumer reporting agency shall not impose any charge on a consumer for providing any notification required by this title or making any disclosure required by this title, except as authorized by subsection (a). § 613. Public record information for employment purposes [15 U.S.C. § 1681k] (a) In general. A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer's ability to obtain employment shall (1)
at the time such public record information is reported to the user of
such consumer report, notify the consumer of the fact that public record
information is being reported by the consumer reporting agency, together
with the name and address of the person to whom such information is being
reported; or (b) Exemption for national security investigations. Subsection (a) does not apply in the case of an agency or department of the United States Government that seeks to obtain and use a consumer report for employment purposes, if the head of the agency or department makes a written finding as prescribed under section 604(b)(4)(A). § 614. Restrictions on investigative consumer reports [15 U.S.C. § 1681l] Whenever a consumer reporting agency prepares an investigative consumer report, no adverse information in the consumer report (other than information which is a matter of public record) may be included in a subsequent consumer report unless such adverse information has been verified in the process of making such subsequent consumer report, or the adverse information was received within the three-month period preceding the date the subsequent report is furnished. § 615. Requirements on users of consumer reports [15 U.S.C. § 1681m] (a) Duties of users taking adverse actions on the basis of information contained in consumer reports. If any person takes any adverse action with respect to any consumer that is based in whole or in part on any information contained in a consumer report, the person shall (1)
provide oral, written, or electronic notice of the adverse action to the
consumer; (b) Adverse action based on information obtained from third parties other than consumer reporting agencies. (1)
In general. Whenever credit for personal, family, or household purposes
involving a consumer is denied or the charge for such credit is increased
either wholly or partly because of information obtained from a person
other than a consumer reporting agency bearing upon the consumer's credit
worthiness, credit standing, credit capacity, character, general reputation,
personal characteristics, or mode of living, the user of such information
shall, within a reasonable period of time, upon the consumer's written
request for the reasons for such adverse action received within sixty
days after learning of such adverse action, disclose the nature of the
information to the consumer. The user of such information shall clearly
and accurately disclose to the consumer his right to make such written
request at the time such adverse action is communicated to the consumer. (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. (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)
does not include (c) Reasonable procedures to assure compliance. No person shall be held liable for any violation of this section if he shows by a preponderance of the evidence that at the time of the alleged violation he maintained reasonable procedures to assure compliance with the provisions of this section. (d) Duties of users making written credit or insurance solicitations on the basis of information contained in consumer files. (1)
In general. Any person who uses a consumer report on any consumer in connection
with any credit or insurance transaction that is not initiated by the
consumer, that is provided to that person under section 604(c)(1)(B) [§ 1681b],
shall provide with each written solicitation made to the consumer regarding
the transaction a clear and conspicuous statement that (C)
if applicable, the credit or insurance may not be extended if, after the
consumer responds to the offer, the consumer does not meet the criteria
used to select the consumer for the offer or any applicable criteria bearing
on credit worthiness or insurability or does not furnish any required
collateral; § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1)(A)
any actual damages sustained by the consumer as a result of the failure
or damages of not less than $100 and not more than $1,000; or (b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater. (c) Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. § 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o] (a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1)
any actual damages sustained by the consumer as a result of the failure;
(b) Attorney's fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. § 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p] An action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this title, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. § 619. Obtaining information under false pretenses [15 U.S.C. § 1681q] Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both. § 620. Unauthorized disclosures by officers or employees [15 U.S.C. § 1681r] Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency's files to a person not authorized to receive that information shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both. § 621. Administrative enforcement [15 U.S.C. § 1681s] (a) (1) Enforcement by Federal Trade Commission. Compliance with the requirements imposed under this title shall be enforced under the Federal Trade Commission Act [15 U.S.C. §§ 41 et seq.] by the Federal Trade Commission with respect to consumer reporting agencies and all other persons subject thereto, except to the extent that enforcement of the requirements imposed under this title is specifically committed to some other government agency under subsection (b) hereof. For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement or prohibition imposed under this title shall constitute an unfair or deceptive act or practice in commerce in violation of section 5(a) of the Federal Trade Commission Act [15 U.S.C. § 45(a)] and shall be subject to enforcement by the Federal Trade Commission under section 5(b) thereof [15 U.S.C. § 45(b)] with respect to any consumer reporting agency or person subject to enforcement by the Federal Trade Commission pursuant to this subsection, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act. The Federal Trade Commission shall have such procedural, investigative, and enforcement powers, including the power to issue procedural rules in enforcing compliance with the requirements imposed under this title and to require the filing of reports, the production of documents, and the appearance of witnesses as though the applicable terms and conditions of the Federal Trade Commission Act were part of this title. Any person violating any of the provisions of this title shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though the applicable terms and provisions thereof were part of this title. (2)(A)
In the event of a knowing violation, which constitutes a pattern or practice
of violations of this title, the Commission may commence a civil action
to recover a civil penalty in a district court of the United States against
any person that violates this title. In such action, such person shall
be liable for a civil penalty of not more than $2,500 per violation. (b) Enforcement by other agencies. Compliance with the requirements imposed under this title with respect to consumer reporting agencies, persons who use consumer reports from such agencies, persons who furnish information to such agencies, and users of information that are subject to subsection (d) of section 615 [§ 1681m] shall be enforced under (1)
section 8 of the Federal Deposit Insurance Act [12 U.S.C. § 1818],
in the case of (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) [25A] of the Federal Reserve Act [12 U.S.C. §§ 601 et seq., §§ 611 et seq], by the Board of Governors of the Federal Reserve System; and (C) banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation; (2) section 8 of the Federal Deposit Insurance Act [12 U.S.C. § 1818], by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation; (3)
the Federal Credit Union Act [12 U.S.C. §§ 1751 et seq.], by
the Administrator of the National Credit Union Administration [National
Credit Union Administration Board] with respect to any Federal credit
union; The terms used in paragraph (1) that are not defined in this title or otherwise defined in section 3(s) of the Federal Deposit Insurance Act (12 U.S.C. §1813(s)) shall have the meaning given to them in section 1(b) of the International Banking Act of 1978 (12 U.S.C. § 3101). (c) State action for violations. (1)
Authority of states. In addition to such other remedies as are provided
under State law, if the chief law enforcement officer of a State, or an
official or agency designated by a State, has reason to believe that any
person has violated or is violating this title, the State (i) damages for which the person is liable to such residents under sections 616 and 617 [§§ 1681n and 1681o] as a result of the violation; (ii) in the case of a violation of section 623(a) [§ 1681s-2], damages for which the person would, but for section 623(c) [§ 1681s-2], be liable to such residents as a result of the violation; or (iii) damages of not more than $1,000 for each willful or negligent violation; and (C) in the case of any successful action under subparagraph (A) or (B), shall be awarded the costs of the action and reasonable attorney fees as determined by the court. (2)
Rights of federal regulators. The State shall serve prior written notice
of any action under paragraph (1) upon the Federal Trade Commission or
the appropriate Federal regulator determined under subsection (b) and
provide the Commission or appropriate Federal regulator with a copy of
its complaint, except in any case in which such prior notice is not feasible,
in which case the State shall serve such notice immediately upon instituting
such action. The Federal Trade Commission or appropriate Federal regulator
shall have the right (5)
Limitations on state actions for violation of section 623(a)(1) [§ 1681s-2].
(d) Enforcement under other authority. For the purpose of the exercise by any agency referred to in subsection (b) of this section of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (b) of this section, each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this title any other authority conferred on it by law. (e) Regulatory authority (1)
The Federal banking agencies referred to in paragraphs (1) and (2) of
subsection (b) shall jointly prescribe such regulations as necessary to
carry out the purposes of this Act with respect to any persons identified
under paragraphs (1) and (2) of subsection (b), and the Board of Governors
of the Federal Reserve System shall have authority to prescribe regulations
consistent with such joint regulations with respect to bank holding companies
and affiliates (other than depository institutions and consumer reporting
agencies) of such holding companies. § 622. Information on overdue child support obligations [15 U.S.C. § 1681s-1] Notwithstanding any other provision of this title, a consumer reporting agency shall include in any consumer report furnished by the agency in accordance with section 604 [§ 1681b] of this title, any information on the failure of the consumer to pay overdue support which (1)
is provided (2) antedates the report by 7 years or less. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a) Duty of furnishers of information to provide accurate information. (1)
Prohibition. (b) Duties of furnishers of information upon notice of dispute. (1)
In general. After receiving notice pursuant to section 611(a)(2) [§ 1681i]
of a dispute with regard to the completeness or accuracy of any information
provided by a person to a consumer reporting agency, the person shall
(c) Limitation on liability. Sections 616 and 617 [§§ 1681n and 1681o] do not apply to any failure to comply with subsection (a), except as provided in section 621(c)(1)(B) [§ 1681s]. (d) Limitation on enforcement. Subsection (a) shall be enforced exclusively under section 621 [§ 1681s] by the Federal agencies and officials and the State officials identified in that section. § 624. Relation to State laws [15 U.S.C. § 1681t] (a) In general. Except as provided in subsections (b) and (c), this title does not annul, alter, affect, or exempt any person subject to the provisions of this title from complying with the laws of any State with respect to the collection, distribution, or use of any information on consumers, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. (b) General exceptions. No requirement or prohibition may be imposed under the laws of any State (1)
with respect to any subject matter regulated under (c) Definition of firm offer of credit or insurance. Notwithstanding any definition of the term "firm offer of credit or insurance" (or any equivalent term) under the laws of any State, the definition of that term contained in section 603(l) [§ 1681a] shall be construed to apply in the enforcement and interpretation of the laws of any State governing consumer reports. (d) Limitations. Subsections (b) and (c) (1)
do not affect any settlement, agreement, or consent judgment between any
State Attorney General and any consumer reporting agency in effect on
the date of enactment of the Consumer Credit Reporting Reform Act of 1996;
and § 625. Disclosures to FBI for counterintelligence purposes [15 U.S.C. § 1681u] (a) Identity of financial institutions. Notwithstanding section 604 [§ 1681b] or any other provision of this title, a consumer reporting agency shall furnish to the Federal Bureau of Investigation the names and addresses of all financial institutions (as that term is defined in section 1101 of the Right to Financial Privacy Act of 1978 [12 U.S.C. § 3401]) at which a consumer maintains or has maintained an account, to the extent that information is in the files of the agency, when presented with a written request for that information, signed by the Director of the Federal Bureau of Investigation, or the Director's designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director, which certifies compliance with this section. The Director or the Director's designee may make such a certification only if the Director or the Director's designee has determined in writing, that such information is sought for the conduct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States. (b) Identifying information. Notwithstanding the provisions of section 604 [§ 1681b] or any other provision of this title, a consumer reporting agency shall furnish identifying information respecting a consumer, limited to name, address, former addresses, places of employment, or former places of employment, to the Federal Bureau of Investigation when presented with a written request, signed by the Director or the Director's designee, which certifies compliance with this subsection. The Director or the Director's designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director may make such a certification only if the Director or the Director's designee has determined in writing that such information is sought for the conduct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States. (c) Court order for disclosure of consumer reports. Notwithstanding section 604 [§ 1681b] or any other provision of this title, if requested in writing by the Director of the Federal Bureau of Investigation, or a designee of the Director in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director, a court may issue an order ex parte directing a consumer reporting agency to furnish a consumer report to the Federal Bureau of Investigation, upon a showing in camera that the consumer report is sought for the conduct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States. The terms of an order issued under this subsection shall not disclose that the order is issued for purposes of a counterintelligence investigation. (d) Confidentiality. No consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall disclose to any person, other than those officers, employees, or agents of a consumer reporting agency necessary to fulfill the requirement to disclose information to the Federal Bureau of Investigation under this section, that the Federal Bureau of Investigation has sought or obtained the identity of financial institutions or a consumer report respecting any consumer under subsection (a), (b), or (c), and no consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall include in any consumer report any information that would indicate that the Federal Bureau of Investigation has sought or obtained such information or a consumer report. (e) Payment of fees. The Federal Bureau of Investigation shall, subject to the availability of appropriations, pay to the consumer reporting agency assembling or providing report or information in accordance with procedures established under this section a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching, reproducing, or transporting books, papers, records, or other data required or requested to be produced under this section. (f) Limit on dissemination. The Federal Bureau of Investigation may not disseminate information obtained pursuant to this section outside of the Federal Bureau of Investigation, except to other Federal agencies as may be necessary for the approval or conduct of a foreign counterintelligence investigation, or, where the information concerns a person subject to the Uniform Code of Military Justice, to appropriate investigative authorities within the military department concerned as may be necessary for the conduct of a joint foreign counterintelligence investigation. (g) Rules of construction. Nothing in this section shall be construed to prohibit information from being furnished by the Federal Bureau of Investigation pursuant to a subpoena or court order, in connection with a judicial or administrative proceeding to enforce the provisions of this Act. Nothing in this section shall be construed to authorize or permit the withholding of information from the Congress. (h) Reports to Congress. On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence and the Committee on Banking, Finance and Urban Affairs of the House of Representatives, and the Select Committee on Intelligence and the Committee on Banking, Housing, and Urban Affairs of the Senate concerning all requests made pursuant to subsections (a), (b), and (c). (i) Damages. Any agency or department of the United States obtaining or disclosing any consumer reports, records, or information contained therein in violation of this section is liable to the consumer to whom such consumer reports, records, or information relate in an amount equal to the sum of (1)
$100, without regard to the volume of consumer reports, records, or information
involved; (j) Disciplinary actions for violations. If a court determines that any agency or department of the United States has violated any provision of this section and the court finds that the circumstances surrounding the violation raise questions of whether or not an officer or employee of the agency or department acted willfully or intentionally with respect to the violation, the agency or department shall promptly initiate a proceeding to determine whether or not disciplinary action is warranted against the officer or employee who was responsible for the violation. (k) Good-faith exception. Notwithstanding any other provision of this title, any consumer reporting agency or agent or employee thereof making disclosure of consumer reports or identifying information pursuant to this subsection in good-faith reliance upon a certification of the Federal Bureau of Investigation pursuant to provisions of this section shall not be liable to any person for such disclosure under this title, the constitution of any State, or any law or regulation of any State or any political subdivision of any State. (l) Limitation of remedies. Notwithstanding any other provision of this title, the remedies and sanctions set forth in this section shall be the only judicial remedies and sanctions for violation of this section. (m) Injunctive relief. In addition to any other remedy contained in this section, injunctive relief shall be available to require compliance with the procedures of this section. In the event of any successful action under this subsection, costs together with reasonable attorney fees, as determined by the court, may be recovered. § 626. Disclosures to governmental agencies for counterterrorism purposes [15 U.S.C. §1681v] (a) Disclosure. Notwithstanding section 604 or any other provision of this title, a consumer reporting agency shall furnish a consumer report of a consumer and all other information in a consumer's file to a government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism when presented with a written certification by such government agency that such information is necessary for the agency's conduct or such investigation, activity or analysis. (b) Form of certification. The certification described in subsection (a) shall be signed by a supervisory official designated by the head of a Federal agency or an officer of a Federal agency whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate. (c) Confidentiality. No consumer reporting agency, or officer, employee, or agent of such consumer reporting agency, shall disclose to any person, or specify in any consumer report, that a government agency has sought or obtained access to information under subsection (a). (d) Rule of construction. Nothing in section 625 shall be construed to limit the authority of the Director of the Federal Bureau of Investigation under this section. (e) Safe harbor. Notwithstanding any other provision of this title, any consumer reporting agency or agent or employee thereof making disclosure of consumer reports or other information pursuant to this section in good-faith reliance upon a certification of a governmental agency pursuant to the provisions of this section shall not be liable to any person for such disclosure under this subchapter, the constitution of any State, or any law or regulation of any State or any political subdivision of any State. SHORT SALE NEGOTIATORS Inc. © Copyright 2006-2010 |
