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

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

Although the staff has made every effort to transcribe the statutory material accurately, this compendium is intended only as a convenience for the public and 

not a substitute for the text in the U.S. Code.

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

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

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

Subtitle D, Chapter 1), Section 311 of the Intelligence Authorization for Fiscal Year 1998 (Public Law 105-107), the Consumer Reporting Employment 

Clarification Act of 1998 (Public Law 105-347), Section 506 of the GrammLeach-Bliley Act (Public Law 106-102), Sections 358(g) and 505(c) of the 

Uniting and Strengthening America by Providing Appropriate Tools Required 

to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act) (Public 

Law 107-56), the Fair and Accurate Credit Transactions Act of 2003 (FACT 

Act) (Public Law 108-159), Section 719 of the Financial Services Regulatory 

Relief Act of 2006 (Public Law 109-351), Section 743 (Div. D, Title VII) of 

the Consolidated Appropriations Act of 2008 (Public Law 110-161), the Credit 

and Debit Card Receipt Clarification Act of 2007 (Public Law 110-241), and 

Sections 205 and 302 of the Credit Card Accountability Responsibility and 

Disclosure (CARD) Act of 2009 (Public Law 111-24), the Consumer Financial 

Protection Act of 2010 (CFPA) (Title X of the Dodd-Frank Wall Street Reform 

and Consumer Protection Act, Public Law 111-203), and the Red Flag Program 

Clarification Act of 2010 (Public Law 111-203). The Commission website 

posted this document on September 1, 2011.

The provisions added to the FCRA by the FACT Act became effective at different times. In some cases, the provision includes its own effective date. In other 

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

and Federal Reserve Board. See 16 CFR Part 602 (69 Fed. Reg. 6526; February 11, 2004) (69 Fed. Reg. 29061; May 20, 2004).

The provisions added to the FCRA by the CFPA became effective on July 21, 

2011, the “designated transfer date” on which the Bureau of Consumer Financial Protection assumed certain duties specified by the CFPA. See 75 Fed. Reg. 

57252 (Sept. 20, 2010).

Contents

§ 601. Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

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

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

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

§ 605. Requirements relating to information contained in consumer reports 

[15 U.S.C. § 1681c] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

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

[15 U.S.C. § 1681c-1] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

§ 605B. Block of information resulting from identity theft [15 U.S.C. § 1681c-2] . . . 30

§ 606. Disclosure of investigative consumer reports [15 U.S.C. § 1681d] . . . . . . . 32

§ 607. Compliance procedures [15 U.S.C. § 1681e] . . . . . . . . . . . . . . . . . . . . . 34

§ 608. Disclosures to governmental agencies [15 U.S.C. § 1681f] . . . . . . . . . . . . 36

§ 609. Disclosures to consumers [15 U.S.C. § 1681g] . . . . . . . . . . . . . . . . . . . 36

§ 610. Conditions and form of disclosure to consumers [15 U.S.C. § 1681h] . . . . . 48

§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] . . . . . . . . . . . 50

§ 612. Charges for certain disclosures [15 U.S.C. § 1681j] . . . . . . . . . . . . . . . . 57

§ 613. Public record information for employment purposes [15 U.S.C. § 1681k] . . 60

§ 614. Restrictions on investigative consumer reports [15 U.S.C. § 1681l] . . . . . . 61

§ 615. Requirements on users of consumer reports [15 U.S.C. § 1681m] . . . . . . 61

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] . . . . . . . . . . 70

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o] . . . . . . . . 71

§ 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p] . . . . . . . . 71

§ 619. Obtaining information under false pretenses [15 U.S.C. § 1681q] . . . . . . . 71

§ 620. Unauthorized disclosures by officers or employees [15 U.S.C. § 1681r] . . . 71

§ 621. Administrative enforcement [15 U.S.C. § 1681s] . . . . . . . . . . . . . . . . . . 72

§ 622. Information on overdue child support obligations [15 U.S.C. § 1681s-1] . . 78

§ 623. Responsibilities of furnishers of information to consumer reporting 

agencies [15 U.S.C. § 1681s-2] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

§ 624. Affiliate sharing [15 U.S.C. § 1681s-3] . . . . . . . . . . . . . . . . . . . . . . . . 87

§ 625. Relation to State laws [15 U.S.C. § 1681t] . . . . . . . . . . . . . . . . . . . . . . 90

§ 626. Disclosures to FBI for counterintelligence purposes [15 U.S.C. § 1681u] . . 93

§ 627. Disclosures to governmental agencies for counterterrorism purposes 

[15 U.S.C. § 1681v] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97

§ 628. Disposal of records [15 U.S.C. § 1681w] . . . . . . . . . . . . . . . . . . . . . . 98

§ 629. Corporate and technological circumvention prohibited 

[15 U.S.C. § 1681x] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99

§ 603 - 15 U.S.C. § 1681a

1

§ 601. Short title

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

§ 602. Congressional findings and statement of purpose 

[15 U.S.C. § 1681]

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

(1) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the 

banking system, and unfair credit reporting methods undermine the 

public confidence which is essential to the continued functioning of 

the banking system. 

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

evaluating the credit worthiness, credit standing, credit capacity, 

character, and general reputation of consumers.

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

and evaluating consumer credit and other information on consumers. 

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

their grave responsibilities with fairness, impartiality, and a respect 

for the consumer’s right to privacy.

(b) Reasonable procedures. It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the 

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

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

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

such information in accordance with the requirements of this title. 

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

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

for the purposes of this title. 

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

estate, cooperative, association, government or governmental subdivision 

or agency, or other entity.

(c) The term “consumer” means an individual.

(d) Consumer Report

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

or other communication of any information by a consumer reporting 

agency bearing on a consumer’s credit worthiness, credit standing, 
2

§ 603 - 15 U.S.C. § 1681a

credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or 

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

establishing the consumer’s eligibility for

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

household purposes;

(B) employment purposes; or 

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

(2) Exclusions. Except as provided in paragraph (3), the term “consumer report” does not include 

(A) subject to section 624, any 

(i) report containing information solely as to transactions or 

experiences between the consumer and the person making 

the report; 

(ii) communication of that information among persons related 

by common ownership or affiliated by corporate control; 

or

(iii) communication of other information among persons 

related by common ownership or affiliated by corporate 

control, if it is clearly and conspicuously disclosed to 

the consumer that the information may be communicated 

among such persons and the consumer is given the opportunity, before the time that the information is initially 

communicated, to direct that such information not be communicated among such persons;

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

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

device; 

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

party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect 

to such request, if the third party advises the consumer of the 

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

and such person makes the disclosures to the consumer required 

under section 615 [§ 1681m]; or

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

1 Should be read as “(o) or (y)” because section 603(x) was re-designated as 603(y) in 2010 by the CFPA.
§ 603 - 15 U.S.C. § 1681a

3

(3) Restriction on sharing of medical information. Except for information or any communication of information disclosed as provided in 

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

respect to information disclosed to any person related by common 

ownership or affiliated by corporate control, if the information is–

(A) medical information;

(B) an individualized list or description based on the payment transactions of the consumer for medical products or services; or

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

transactions for medical products or services.

(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” – 

(1) means information or data, whether oral or recorded, in any form 

or medium, created by or derived from a health care provider or the 

consumer, that relates to – 
4

§ 603 - 15 U.S.C. § 1681a

(A) the past, present, or future physical, mental, or behavioral 

health or condition of an individual;

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

(C) the payment for the provision of health care to an individual.

(2) does not include the age or gender of a consumer, demographic information about the consumer, including a consumer’s residence address 

or e-mail address, or any other information about a consumer that 

does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance 

policy.

(j) Definitions Relating to Child Support Obligations

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

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

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

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

establishing and enforcing child support obligations. 

(k) Adverse Action

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

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

Credit Opportunity Act; and

(B) means

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

or a reduction or other adverse or unfavorable change in 

the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of 

insurance;

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

prospective employee;

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

or any other adverse or unfavorable change in the terms 

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

[§ 1681b]; and

(iv) an action taken or determination that is 

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

by, or a transaction that was initiated by, any con-
§ 603 - 15 U.S.C. § 1681a

5

sumer, or in connection with a review of an account 

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

(II) adverse to the interests of the consumer.

(2) Applicable findings, decisions, commentary, and orders. For purposes of any determination of whether an action is an adverse action 

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

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

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

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

or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to 

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

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

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

established 

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

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

insurance pursuant to the offer.

(2) Verification 

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

to select the consumer for the offer, by using information in a 

consumer report on the consumer, information in the consumer’s application for the credit or insurance, or other information 

bearing on the credit worthiness or insurability of the consumer; or

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

or insurance, to determine that the consumer meets the specific 

criteria bearing on credit worthiness or insurability.

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

extension of the credit or insurance that was 

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

credit or insurance; and

(B) disclosed to the consumer in the offer of credit or insurance.
6

§ 603 - 15 U.S.C. § 1681a

(m) The term “credit or insurance transaction that is not initiated by the consumer” does not include the use of a consumer report by a person with 

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

(1) reviewing the account or insurance policy; or

(2) collecting the account.

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

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

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

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

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

(A) procuring an employee for the employer; or

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

employer;

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

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

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

(5) with respect to which

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

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

communication, before the collection of any information 

for the purpose of making the communication;

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

the communication; and

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

is provided written confirmation of that consent by the 

person making the communication, not later than 3 business days after the receipt of the consent by that person;

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

purpose of making the communication, make any inquiry that 

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

subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation; 

and
§ 603 - 15 U.S.C. § 1681a

7

(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) The term “consumer reporting agency that compiles and maintains files 

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

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

maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumer’s credit worthiness, credit standing, or credit 

capacity, each of the following regarding consumers residing nationwide:

(1) Public record information.

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

(q) Definitions relating to fraud alerts.

(1) The term “active duty military consumer” means a consumer in military service who– 

(A) is on active duty (as defined in section 101(d)(1) of title 10, 

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

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

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

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

consumer.

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

the file of a consumer that – 

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

the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as 

applicable; and
8

§ 603 - 15 U.S.C. § 1681a

(B) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph (A) by any 

person requesting such consumer report.

(3) The term “identity theft” means a fraud committed using the identifying information of another person, subject to such further definition 

as the Bureau may prescribe, by regulation. 

See also 16 CFR Part 603.2

69 Fed. Reg. 63922 (11/03/04)

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

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

See also 16 CFR Part 603.3

69 Fed. Reg. 63922 (11/03/04)

(A) that alleges an identity theft;

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

with an appropriate Federal, State, or local law enforcement 

agency, including the United States Postal Inspection Service, 

or such other government agency deemed appropriate by the 

Bureau; and

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

criminal penalties relating to the filing of false information if, 

in fact, the information in the report is false.

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

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

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

(r) Credit and Debit Related Terms

(1) The term “card issuer” means – 

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

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

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

Truth in Lending Act.

(3) The term “debit card” means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer 

from the account of the consumer at such financial institution, for the 

purpose of transferring money between accounts or obtaining money, 

property, labor, or services.

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

meanings as in section 903 of the Electronic Fund Transfer Act.
§ 603 - 15 U.S.C. § 1681a

9

(5) The terms “credit” and “creditor” have the same meanings as in section 702 of the Equal Credit Opportunity Act.

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

of the Federal Deposit Insurance Act.

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

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

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

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

Act) belonging to a consumer.

(u) The term “reseller” means a consumer reporting agency that--

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

another consumer reporting agency or multiple consumer reporting 

agencies concerning any consumer for purposes of furnishing such 

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

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

from which new consumer reports are produced.

(v) The term “Commission” means the Federal Trade Commission.

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

(x) The term “nationwide specialty consumer reporting agency” means a 

consumer reporting agency that compiles and maintains files on consumers 

on a nationwide basis relating to--

(1) medical records or payments;

(2) residential or tenant history;

(3) check writing history;

(4) employment history; or

(5) insurance claims.

(y) Exclusion of Certain Communications for Employee Investigations 

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

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

consumer report;

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

an investigation of–

(i) suspected misconduct relating to employment; or
10

§ 604 - 15 U.S.C. § 1681b

(ii) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any 

preexisting written policies of the employer;

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

a consumer’s credit worthiness, credit standing, or credit capacity; and

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

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

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

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

local government;

(iii) to any self-regulatory organization with regulatory authority over the activities of the employer or employee;

(iv) as otherwise required by law; or

(v) pursuant to section 608.

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

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

employer shall disclose to the consumer a summary containing the 

nature and substance of the communication upon which the adverse 

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

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

investigative consumer report need not be disclosed.

(3) For purposes of this subsection, the term “self-regulatory organization” includes any self-regulatory organization (as defined in section 

3(a)(26) of the Securities Exchange Act of 1934), any entity established under title I of the Sarbanes-Oxley Act of 2002, any board of 

trade designated by the Commodity Futures Trading Commission, 

and any futures association registered with such Commission.

§ 604. Permissible purposes of consumer reports 

[15 U.S.C. § 1681b]

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

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

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

order, or a subpoena issued in connection with proceedings before a 

Federal grand jury.

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

it relates.
§ 604 - 15 U.S.C. § 1681b

11

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

(A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be 

furnished and involving the extension of credit to, or review or 

collection of an account of, the consumer; or

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

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

(D) intends to use the information in connection with a determination of the consumer’s eligibility for a license or other benefit 

granted by a governmental instrumentality required by law to 

consider an applicant’s financial responsibility or status; or

(E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or 

an assessment of the credit or prepayment risks associated with, 

an existing credit obligation; or

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

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

by the consumer; or

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

continues to meet the terms of the account.2

(G) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge 

cards.1

(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 con2 As written in the poorly drafted 2007 amendment that added section 604(a)(3)(G). Subsection (F)(ii) 

should end with “; or” instead of a period, and the text of subsection (G) should conform to the style of 

the rest of section 604(a)(3). An alternative would have been to add a new section 604(a)(7) allowing a 

permissible purpose for a consumer report “To executive departments and agencies ... ”
12

§ 604 - 15 U.S.C. § 1681b

sumer in accordance with State laws under which the obligation 

arises (if required by those laws);

(C) the person has provided at least 10 days’ prior notice to the 

consumer whose report is requested, by certified or registered 

mail to the last known address of the consumer, that the report 

will be requested; and

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

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

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

or criminal proceeding, or for any other purpose.

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

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

Union Administration as part of its preparation for its appointment or 

as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union 

under the Federal Deposit Insurance Act or the Federal Credit Union 

Act, or other applicable Federal or State law, or in connection with 

the resolution or liquidation of a failed or failing insured depository 

institution or insured credit union, as applicable.

(b) Conditions for Furnishing and Using Consumer Reports for Employment 

Purposes. 

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

consumer report for employment purposes only if 

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

the agency that 

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

to the consumer report, and the person will comply with 

paragraph (3) with respect to the consumer report if paragraph (3) becomes applicable; and

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

violation of any applicable Federal or State equal employment opportunity law or regulation; and

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

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

this title, as prescribed by the Bureau under section 609(c)(3) 

[§ 1681g].
§ 604 - 15 U.S.C. § 1681b

13

(2) Disclosure to Consumer.

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

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

to be procured, for employment purposes with respect to any 

consumer, unless – 

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

writing to the consumer at any time before the report is 

procured or caused to be procured, in a document that 

consists solely of the disclosure, that a consumer report 

may be obtained for employment purposes; and

(ii) the consumer has authorized in writing (which authorization may be made on the document referred to in clause 

(i)) the procurement of the report by that person.

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

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

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

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

caused to be procured in connection with that application – 

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

consumer for employment purposes shall provide to the 

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

that a consumer report may be obtained for employment 

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

section 615(a)(3); and

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

or electronically to the procurement of the report by that 

person.

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

consumer report on a consumer in connection with the consumer’s application for employment only if – 

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

Secretary of Transportation has the power to establish 

qualifications and maximum hours of service pursuant 

to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation 

agency; and

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

or causes the report to be procured the only interaction 

between the consumer and the person in connection with 
14

§ 604 - 15 U.S.C. § 1681b

that employment application has been by mail, telephone, 

computer, or other similar means.

(3) Conditions on use for adverse actions.

(A) In general. Except as provided in subparagraph (B), in using a consumer report for employment purposes, before taking 

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

person intending to take such adverse action shall provide to the 

consumer to whom the report relates – 

(i) a copy of the report; and

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

under this title, as prescribed by the Bureau under section 

609(c)(3).3

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

means.

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

employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer 

report on the consumer for employment purposes takes 

adverse action on the employment application based in 

whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of 

the notices required under subparagraph (A) of this section 

and under section 615(a), within 3 business days of taking 

such action, an oral, written or electronic notification–

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

in part on a consumer report received from a consumer reporting agency;

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

consumer reporting agency that furnished the consumer report (including a toll-free telephone number 

established by the agency if the agency compiles and 

maintains files on consumers on a nationwide basis);

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

decision to take the adverse action and is unable to 

provide to the consumer the specific reasons why the 

adverse action was taken; and

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

longer exists as the result of Congress’ re-organization of Section 609(c) in 2003 (FACT Act).
§ 604 - 15 U.S.C. § 1681b

15

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

or completeness of any information in a report.

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

of a consumer report from the person who procured the 

report, then, within 3 business days of receiving the consumer’s request, together with proper identification, the 

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

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

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

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

consumer report on a consumer in connection with the consumer’s application for employment only if – 

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

Secretary of Transportation has the power to establish 

qualifications and maximum hours of service pursuant 

to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation 

agency; and

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

or causes the report to be procured the only interaction 

between the consumer and the person in connection with 

that employment application has been by mail, telephone, 

computer, or other similar means.

(4) Exception for national security investigations.

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

United States Government which seeks to obtain and use a 

consumer report for employment purposes, paragraph (3) shall 

not apply to any adverse action by such agency or department 

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

such agency or department makes a written finding that–

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

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

or department;

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

(3) will –
16

§ 604 - 15 U.S.C. § 1681b

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

(II) result in flight from prosecution;

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

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

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

(VI) otherwise seriously jeopardize or unduly delay the 

investigation or another official proceeding.

(B) Notification of consumer upon conclusion of investigation.

Upon the conclusion of a national security investigation described in subparagraph (A), or upon the determination that the 

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

reasons set forth in such subparagraph, the official exercising 

the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to 

which such finding was made – 

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

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

the consumer report; and

(iii) the identification with reasonable specificity of the nature 

of the investigation for which the consumer report was 

sought.

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

subparagraphs (A)and (B), the head of any agency or department of the United States Government may delegate his or her 

authorities under this paragraph to an official of such agency or 

department who has personnel security responsibilities and is a 

member of the Senior Executive Service or equivalent civilian 

or military rank.

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

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

means information that is protected from unauthorized 

disclosure under Executive Order No. 12958 or successor 

orders.
§ 604 - 15 U.S.C. § 1681b

17

(ii) National security investigation. The term “national security investigation” means any official inquiry by an agency 

or department of the United States Government to determine the eligibility of a consumer to receive access or 

continued access to classified information or to determine 

whether classified information has been lost or compromised.

(c) Furnishing reports in connection with credit or insurance transactions that 

are not initiated by the consumer. 

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

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

of subsection (a)(3) in connection with any credit or insurance transaction that is not initiated by the consumer only if 

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

such person; or

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

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

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

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

name and address excluded from lists of names provided 

by the agency pursuant to this paragraph; and

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

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

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

the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such 

furnishing.

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

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

(A) the name and address of a consumer;

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

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

the consumer; and

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

to a particular creditor or other entity.
18

§ 604 - 15 U.S.C. § 1681b

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

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

any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.

(d) Reserved.

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

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

address excluded from any list provided by a consumer reporting 

agency under subsection (c)(1)(B) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying 

the agency in accordance with paragraph (2) that the consumer does 

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

in connection with any credit or insurance transaction that is not initiated by the consumer.

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

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

paragraph (5); or

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

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

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

through the notification system maintained by the agency under paragraph (5), a consumer reporting agency shall 

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

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

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

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

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

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

the notification of the election through the system established 

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

the consumer provides notification through the system.

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

paragraph (1) 

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

beginning 5 business days after the date on which the consumer 

notifies the agency in accordance with paragraph (2);
§ 604 - 15 U.S.C. § 1681b

19

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

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

beginning 5 business days after the date on which the 

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

an election for which a consumer notifies the agency only 

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

(ii) until the consumer notifies the agency under subparagraph 

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

(C) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by 

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

effective; and

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

(5) Notification System 

(A) In general. Each consumer reporting agency that, under subsection (c)(1)(B), furnishes a consumer report in connection 

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

consumer, shall 

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

toll-free telephone number, which permits any consumer 

whose consumer report is maintained by the agency to 

notify the agency, with appropriate identification, of the 

consumer’s election to have the consumer’s name and address excluded from any such list of names and addresses 

provided by the agency for such a transaction; and

(ii) publish by not later than 365 days after the date of enactment of the Consumer Credit Reporting Reform Act of 

1996, and not less than annually thereafter, in a publication of general circulation in the area served by the agency 

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

such transactions; and

(II) the address and toll-free telephone number for consumers to use to notify the agency of the consumer’s 

election under clause (I).

(B) Establishment and maintenance as compliance. Establishment 

and maintenance of a notification system (including a toll-free 
20

§ 604 - 15 U.S.C. § 1681b

telephone number) and publication by a consumer reporting 

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

affiliates in accordance with this paragraph is deemed to be 

compliance with this paragraph by each of those affiliates.

(6) Notification system by agencies that operate nationwide. Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification 

system for purposes of paragraph (5) jointly with other such consumer reporting agencies.

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

or obtain a consumer report for any purpose unless 

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

report is authorized to be furnished under this section; and

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

prospective user of the report through a general or specific certification.

(g) Protection of Medical Information

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

agency shall not furnish for employment purposes, or in connection 

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

medical information (other than medical contact information treated 

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

unless – 

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

consumer affirmatively consents to the furnishing of the report;

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

credit transaction –

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

effect the employment or credit transaction; and

(ii) the consumer provides specific written consent for the 

furnishing of the report that describes in clear and conspicuous language the use for which the information will 

be furnished; or

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

accounts, or balances relating to debts arising from the receipt 

of medical services, products, or devises, where such information, other than account status or amounts, is restricted or 

reported using codes that do not identify, or do not provide in-
§ 604 - 15 U.S.C. § 1681b

21

formation sufficient to infer, the specific provider or the nature 

of such services, products, or devices, as provided in section 

605(a)(6).

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

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

shall not obtain or use medical information (other than medical contact information treated in the manner required under section 605(a)

(6)) pertaining to a consumer in connection with any determination of 

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

(3) Actions authorized by federal law, insurance activities and regulatory determinations. Section 603(d)(3) shall not be construed so as to 

treat information or any communication of information as a consumer 

report if the information or communication is disclosed – 

(A) in connection with the business of insurance or annuities, including the activities described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation 

issued by the National Association of Insurance Commissioners 

(as in effect on January 1, 2003);

(B) for any purpose permitted without authorization under the 

Standards for Individually Identifiable Health Information 

promulgated by the Department of Health and Human Services 

pursuant to the Health Insurance Portability and Accountability 

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

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

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

regulation or order, by the Bureau or the applicable State insurance authority (with respect to any person engaged in providing 

insurance or annuities).

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

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

not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially 

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

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

(A)4 Regulations required. The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transac4 As written in section 1088(a)(4)(B) of the CFPA in 2010. The previous version of section 604(b)(5), 

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

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

June 4, 2004.
22

§ 605 - 15 U.S.C. § 1681c 

tions under paragraph (2) that are determined to be necessary 

and appropriate to protect legitimate operational, transactional, 

risk, consumer, and other needs (and which shall include permitting actions necessary for administrative verification purposes), 

consistent with the intent of paragraph (2) to restrict the use of 

medical information for inappropriate purposes.

See also 12 CFR Parts 41/222/232/334/571/717

70 Fed. Reg. 70664 (11/22/05)

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

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

any other provision of Federal law relating to medical confidentiality.

§ 605. Requirements relating to information contained in 

consumer reports [15 U.S.C. § 1681c]

(a) Information excluded from consumer reports. Except as authorized under 

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

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

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

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

adjudication, as the case may be, antedate the report by more than 10 

years.

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

of entry, antedate the report by more than seven years or until the 

governing statute of limitations has expired, whichever is the longer 

period.

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

more than seven years.

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

antedate the report by more than seven years.5

(5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.5

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

(A) such name, address, and telephone number are restricted or 

reported using codes that do not identify, or provide informa5 The reporting periods have been lengthened for certain adverse information pertaining to U.S. Government 

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

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

respectively.
§ 605 - 15 U.S.C. § 1681c 

23

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

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

consumer; or

(B) the report is being provided to an insurance company for a purpose relating to engaging in the business of insurance other than 

property and casualty insurance.

(b) Exempted cases. The provisions of paragraphs (1) through (5) of subsection (a) of this section are not applicable in the case of any consumer 

credit report to be used in connection with 

(1) a credit transaction involving, or which may reasonably be expected 

to involve, a principal amount of $150,000 or more;

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

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

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

(c) Running of Reporting Period

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

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

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

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

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

on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or 

similar action.

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

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

after the date of enactment of the Consumer Credit Reporting Reform 

Act of 1996.

(d) Information Required to be Disclosed

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

a consumer report that contains information regarding any case involving the consumer that arises under title 11, United States Code, 

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

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

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

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

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

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

added in December 2003 and now containing no reference to any 7-year period, is obviously inapplicable.
24

§ 605 - 15 U.S.C. § 1681c 

consumer reporting agency shall include in the report that such case 

or filing was withdrawn upon receipt of documentation certifying 

such withdrawal.

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

agency that furnishes a consumer report that contains any credit score 

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

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

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

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

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

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

authorizations for the purpose of approving or processing negotiable 

instruments, electronic fund transfers, or similar methods of payments, but only to the extent that such company is engaged in such 

activities.

(e) Indication of closure of account by consumer. If a consumer reporting 

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

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

shall indicate that fact in any consumer report that includes information 

related to the account.

(f) Indication of dispute by consumer. If a consumer reporting agency is notified pursuant to section 623(a)(3) [§ 1681s-2] that information regarding 

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

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

the disputed information.

(g) Truncation of Credit Card and Debit Card Numbers

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

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

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

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

point of the sale or transaction.

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

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

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

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

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

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

respect to any cash register or other machine or device that 
§ 605 - 15 U.S.C. § 1681c 

25

electronically prints receipts for credit card or debit card transactions that is in use before January 1, 2005; and

(B) 1 year after the date of enactment of this subsection, with 

respect to any cash register or other machine or device that 

electronically prints receipts for credit card or debit card transactions that is first put into use on or after January 1, 2005.

(h) Notice of Discrepancy in Address

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

a consumer from a consumer reporting agency described in section 

603(p), the request includes an address for the consumer that substantially differs from the addresses in the file of the consumer, and 

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

consumer reporting agency shall notify the requester of the existence 

of the discrepancy. 

See also 16 CFR Part 641

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

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

(2) Regulations 

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

the Federal banking agencies, the National Credit Union 

Administration, and the Federal Trade Commission, prescribe 

regulations providing guidance regarding reasonable policies 

and procedures that a user of a consumer report should employ 

when such user has received a notice of discrepancy under 

paragraph (1).

(B) Policies and procedures to be included. The regulations 

prescribed under subparagraph (A) shall describe reasonable 

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

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

of the person to whom the consumer report pertains; and

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

consumer, and the user regularly and in the ordinary course 

of business furnishes information to the consumer reporting 

agency from which the notice of discrepancy pertaining to 

the consumer was obtained, to reconcile the address of the 

consumer with the consumer reporting agency by furnishing 

such address to such consumer reporting agency as part of 

information regularly furnished by the user for the period in 

which the relationship is established.
26

§ 605A - 15 U.S.C. § 1681c-1

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

alerts [15 U.S.C. § 1681c-1]

(a) One-call Fraud Alerts

(1) Initial alerts. Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, 

who asserts in good faith a suspicion that the consumer has been or is 

about to become a victim of fraud or related crime, including identity 

theft, a consumer reporting agency described in section 603(p) that 

maintains a file on the consumer and has received appropriate proof 

of the identity of the requester shall – 

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

provide that alert along with any credit score generated in using 

that file, for a period of not less than 90 days, beginning on the 

date of such request, unless the consumer or such representative 

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

period, and the agency has received appropriate proof of the 

identity of the requester for such purpose; and

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

paragraph to each of the other consumer reporting agencies 

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

developed under section 621(f).

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

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

subsection, the consumer reporting agency shall – 

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

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

(B) provide to the consumer all disclosures required to be made under section 609, without charge to the consumer, not later than 

3 business days after any request described in subparagraph 

(A).

(b) Extended Alerts

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

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

who submits an identity theft report to a consumer reporting agency 

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

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

requester, the agency shall – 
§ 605A - 15 U.S.C. § 1681c-1

27

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

provide that alert along with any credit score generated in using 

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

request, unless the consumer or such representative requests 

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

and the agency has received appropriate proof of the identity of 

the requester for such purpose; 

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

exclude the consumer from any list of consumers prepared by 

the consumer reporting agency and provided to any third party 

to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer, unless the consumer 

or such representative requests that such exclusion be rescinded 

before the end of such period; and

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

this paragraph to each of the other consumer reporting agencies described in section 603(p), in accordance with procedures 

developed under section 621(f).

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

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

subsection, the consumer reporting agency shall – 

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

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

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

fraud alert was included in the file; and

(B) provide to the consumer all disclosures required to be made under section 609, without charge to the consumer, not later than 

3 business days after any request described in subparagraph 

(A).

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

consumer, or an individual acting on behalf of or as a personal representative of an active duty military consumer, a consumer reporting agency 

described in section 603(p) that maintains a file on the active duty military 

consumer and has received appropriate proof of the identity of the requester shall – 

(1) include an active duty alert in the file of that active duty military 

consumer, and also provide that alert along with any credit score generated in using that file, during a period of not less than 12 months, 

or such longer period as the Bureau shall determine, by regulation, 
28

§ 605A - 15 U.S.C. § 1681c-1

beginning on the date of the request, unless the active duty military 

consumer or such representative requests that such fraud alert be 

removed before the end of such period, and the agency has received 

appropriate proof of the identity of the requester for such purpose;

(2) during the 2-year period beginning on the date of such request, 

exclude the active duty military consumer from any list of consumers 

prepared by the consumer reporting agency and provided to any third 

party to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer, unless the consumer requests that such exclusion be rescinded before the end of such period; 

and

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

other consumer reporting agencies described in section 603(p), in accordance with procedures developed under section 621(f).

See also 16 CFR Part 613.1

69 Fed. Reg. 63922 (11/03/04)

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

shall establish policies and procedures to comply with this section, including procedures that inform consumers of the availability of initial, extended, and active duty alerts and procedures that allow consumers and active 

duty military consumers to request initial, extended, or active duty alerts 

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

(e) Referrals of alerts. Each consumer reporting agency described in section 

603(p) that receives a referral of a fraud alert or active duty alert from another consumer reporting agency pursuant to this section shall, as though 

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

procedures required under – 

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

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

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

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

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

under subsection (c)(3).

(f) Duty of reseller to reconvey alert. A reseller shall include in its report 

any fraud alert or active duty alert placed in the file of a consumer pursuant to this section by another consumer reporting agency.

(g) Duty of other consumer reporting agencies to provide contact information. If a consumer contacts any consumer reporting agency that is not 
§ 605A - 15 U.S.C. § 1681c-1

29

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

has been or is about to become a victim of fraud or related crime, including identity theft, the agency shall provide information to the consumer on 

how to contact the Bureau and the consumer reporting agencies described 

in section 603(p) to obtain more detailed information and request alerts 

under this section.

(h) Limitations on Use of Information for Credit Extensions

(1) Requirements for initial and active duty alerts

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

this section shall include information that notifies all prospective users of a consumer report on the consumer to which the 

alert relates that the consumer does not authorize the establishment of any new credit plan or extension of credit, other than 

under an open-end credit plan (as defined in section 103(i)), 

in the name of the consumer, or issuance of an additional card 

on an existing credit account requested by a consumer, or any 

increase in credit limit on an existing credit account requested 

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

(B) Limitation on Users

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

includes an initial fraud alert or an active duty alert in accordance with this section may establish a new credit plan 

or extension of credit, other than under an open-end credit 

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

consumer, or issue an additional card on an existing credit 

account requested by a consumer, or grant any increase 

in credit limit on an existing credit account requested by a 

consumer, unless the user utilizes reasonable policies and 

procedures to form a reasonable belief that the user knows 

the identity of the person making the request. 

(ii) Verification. If a consumer requesting the alert has specified a telephone number to be used for identity verification 

purposes, before authorizing any new credit plan or extension described in clause (i) in the name of such consumer, 

a user of such consumer report shall contact the consumer 

using that telephone number or take reasonable steps to 

verify the consumer’s identity and confirm that the application for a new credit plan is not the result of identity 

theft.
30

§ 605B - 15 U.S.C. § 1681c-2

(2) Requirements for Extended Alerts 

(A) Notification. Each extended alert under this section shall 

include information that provides all prospective users of a 

consumer report relating to a consumer with –

(i) notification that the consumer does not authorize the establishment of any new credit plan or extension of credit described in clause (i), other than under an open-end credit 

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

consumer, or issuance of an additional card on an existing 

credit account requested by a consumer, or any increase 

in credit limit on an existing credit account requested by 

a consumer, except in accordance with subparagraph (B); 

and

(ii) a telephone number or other reasonable contact method 

designated by the consumer.

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

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

of a consumer that includes an extended fraud alert in accordance with this section may establish a new credit plan or 

extension of credit, other than under an open-end credit plan 

(as defined in section 103(i)), in the name of the consumer, or 

issue an additional card on an existing credit account requested 

by a consumer, or any increase in credit limit on an existing credit account requested by a consumer, unless the user 

contacts the consumer in person or using the contact method 

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

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

an additional card is not the result of identity theft.

§ 605B.Block of information resulting from identity theft 

[15 U.S.C. § 1681c-2]

(a) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a 

consumer that the consumer identifies as information that resulted from 

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

receipt by such agency of –

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

(2) a copy of an identity theft report;

(3) the identification of such information by the consumer; and
§ 605B - 15 U.S.C. § 1681c-2

31

(4) a statement by the consumer that the information is not information 

relating to any transaction by the consumer.

(b) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection (a)--

(1) that the information may be a result of identity theft;

(2) that an identity theft report has been filed;

(3) that a block has been requested under this section; and

(4) of the effective dates of the block.

(c) Authority to Decline or Rescind

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

rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that – 

(A) the information was blocked in error or a block was requested 

by the consumer in error;

(B) the information was blocked, or a block was requested by the 

consumer, on the basis of a material misrepresentation of fact 

by the consumer relevant to the request to block; or

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

as a result of the blocked transaction or transactions.

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

rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the 

reinsertion of information under section 611(a)(5)(B).

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

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

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

evidence of whether the consumer knew or should have known that 

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

as a result of the block.

(d) Exception for Resellers

(1) No reseller file. This section shall not apply to a consumer reporting 

agency, if the consumer reporting agency – 

(A) is a reseller;

(B) is not, at the time of the request of the consumer under subsection (a), otherwise furnishing or reselling a consumer report 

concerning the information identified by the consumer; and
32

§ 606 - 15 U.S.C. § 1681d

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

report the identity theft to the Bureau to obtain consumer information regarding identity theft.

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

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

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

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

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

(a), identifies, to a consumer reporting agency, information in 

the file of the consumer that resulted from identity theft; and

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

information.

(3) Notice. In carrying out its obligation under paragraph (2), the reseller shall promptly provide a notice to the consumer of the decision 

to block the file. Such notice shall contain the name, address, and 

telephone number of each consumer reporting agency from which the 

consumer information was obtained for resale.

(e) Exception for verification companies. The provisions of this section do 

not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, except 

that, beginning 4 business days after receipt of information described in 

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

shall not report to a national consumer reporting agency described in section 603(p), any information identified in the subject identity theft report 

as resulting from identity theft.

(f) Access to blocked information by law enforcement agencies. No provision 

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

to prevent a Federal, State, or local law enforcement agency from accessing blocked information in a consumer file to which the agency could 

otherwise obtain access under this title.

§ 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, 
§ 606 - 15 U.S.C. § 1681d

33

general reputation, personal characteristics and mode of living, 

whichever are applicable, may be made, and such disclosure

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

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

report was first requested, and 

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

request the additional disclosures provided for under subsection 

(b) of this section and the written summary of the rights of the 

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

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

that 

(A) the person has made the disclosures to the consumer required 

by paragraph (1); and

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

(b) Disclosure on request of nature and scope of investigation. Any person 

who procures or causes to be prepared an investigative consumer report 

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

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

required by subsection (a)(1) of this section, make a complete and accurate disclosure of the nature and scope of the investigation requested. This 

disclosure shall be made in a writing mailed, or otherwise delivered, to 

the consumer not later than five days after the date on which the request 

for such disclosure was received from the consumer or such report was 

first requested, whichever is the later. 

(c) Limitation on liability upon showing of reasonable procedures for compliance with provisions. No person may be held liable for any violation of 

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

evidence that at the time of the violation he maintained reasonable procedures to assure compliance with subsection (a) or (b) of this section. 

(d) Prohibitions

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

furnish investigative consumer report unless the agency has received 

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

the report.

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

for the purpose of preparing an investigative consumer report on a 

consumer for employment purposes if the making of the inquiry by 

an employer or prospective employer of the consumer would violate 
34

§ 607 - 15 U.S.C. § 1681e

any applicable Federal or State equal employment opportunity law or 

regulation.

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

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

an investigative consumer report that includes information that is a 

matter of public record and that relates to an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment, unless 

the agency has verified the accuracy of the information during the 

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

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

prepare or furnish an investigative consumer report on a consumer 

that contains information that is adverse to the interest of the consumer and that is obtained through a personal interview with a neighbor, 

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

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

of information, unless 

(A) the agency has followed reasonable procedures to obtain confirmation of the information, from an additional source that has 

independent and direct knowledge of the information; or

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

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

(a) Identity and purposes of credit users. Every consumer reporting agency 

shall maintain reasonable procedures designed to avoid violations of section 605 [§ 1681c] and to limit the furnishing of consumer reports to the 

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

shall require that prospective users of the information identify themselves, 

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

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

reporting agency shall make a reasonable effort to verify the identity of a 

new prospective user and the uses certified by such prospective user prior 

to furnishing such user a consumer report. No consumer reporting agency 

may furnish a consumer report to any person if it has reasonable grounds 

for believing that the consumer report will not be used for a purpose listed 

in section 604 [§ 1681b] of this title. 

(b) Accuracy of report. Whenever a consumer reporting agency prepares a 

consumer report it shall follow reasonable procedures to assure maximum 

possible accuracy of the information concerning the individual about 

whom the report relates. 
§ 607 - 15 U.S.C. § 1681e

35

(c) Disclosure of consumer reports by users allowed. A consumer reporting agency may not prohibit a user of a consumer report furnished by the 

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

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

user based in whole or in part on the report.

(d) Notice to Users and Furnishers of Information 

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

any person 

(A) who regularly and in the ordinary course of business furnishes 

information to the agency with respect to any consumer; or

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

of such person’s responsibilities under this title.

See also 16 CFR 698, App G-H

69 Fed. Reg. 69776 (11/30/04)

(2) Content of notice. The Bureau shall prescribe the content of notices 

under paragraph (1), and a consumer reporting agency shall be in 

compliance with this subsection if it provides a notice under paragraph (1) that is substantially similar to the Bureau prescription under 

this paragraph.

(e) Procurement of Consumer Report for Resale

(1) Disclosure. A person may not procure a consumer report for purposes of reselling the report (or any information in the report) unless 

the person discloses to the consumer reporting agency that originally 

furnishes the report 

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

(B) each permissible purpose under section 604 [§ 1681b] for which 

the report is furnished to the end-user of the report (or information).

(2) Responsibilities of procurers for resale. A person who procures a 

consumer report for purposes of reselling the report (or any information in the report) shall 

(A) establish and comply with reasonable procedures designed to 

ensure that the report (or information) is resold by the person 

only for a purpose for which the report may be furnished under 

section 604 [§ 1681b], including by requiring that each person 

to which the report (or information) is resold and that resells or 

provides the report (or information) to any other person 
36

§ 609 - 15 U.S.C. § 1681g

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

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

(iii) certifies that the report (or information) will be used for 

no other purpose; and

(B) before reselling the report, make reasonable efforts to verify the 

identifications and certifications made under subparagraph (A).

(3) Resale of consumer report to a federal agency or department. Notwithstanding paragraph (1) or (2), a person who procures a consumer 

report for purposes of reselling the report (or any information in the 

report) shall not disclose the identity of the end-user of the report 

under paragraph (1) or (2) if –

(A) the end user is an agency or department of the United States 

Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned 

to receive access or continued access to classified information 

(as defined in section 604(b)(4)(E)(i)); and

(B) the agency or department certifies in writing to the person 

reselling the report that nondisclosure is necessary to protect 

classified information or the safety of persons employed by or 

contracting with, or undergoing investigation for work or contracting with the agency or department.

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

Notwithstanding the provisions of section 604 [§ 1681b] of this title, a 

consumer reporting agency may furnish identifying information respecting 

any consumer, limited to his name, address, former addresses, places of 

employment, or former places of employment, to a governmental agency. 

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

(a) Information on file; sources; report recipients. Every consumer reporting 

agency shall, upon request, and subject to 610(a)(1) [§ 1681h], clearly and 

accurately disclose to the consumer:

(1) All information in the consumer’s file at the time of the request 

except that--

(A) if the consumer to whom the file relates requests that the first 

5 digits of the social security number (or similar identification 

number) of the consumer not be included in the disclosure and 
§ 609 - 15 U.S.C. § 1681g

37

the consumer reporting agency has received appropriate proof 

of the identity of the requester, the consumer reporting agency 

shall so truncate such number in such disclosure; and

(B) nothing in this paragraph shall be construed to require a consumer reporting agency to disclose to a consumer any information concerning credit scores or any other risk scores or predictors relating to the consumer.

(2) The sources of the information; except that the sources of information acquired solely for use in preparing an investigative consumer 

report and actually use for no other purpose need not be disclosed: 

Provided, That in the event an action is brought under this title, such 

sources shall be available to the plaintiff under appropriate discovery 

procedures in the court in which the action is brought.

(3) (A) Identification of each person (including each end-user identified 

under section 607(e)(1) [§ 1681e]) that procured a consumer 

report 

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

(ii) for any other purpose, during the 1-year period preceding 

the date on which the request is made.

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

include 

(i) the name of the person or, if applicable, the trade name 

(written in full) under which such person conducts business; and

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

number of the person.

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

(i) the end user is an agency or department of the United 

States Government that procures the report from the 

person for purposes of determining the eligibility of the 

consumer to whom the report relates to receive access or 

continued access to classified information (as defined in 

section 604(b)(4)(E)(i)); and

(ii) the head of the agency or department makes a written 

finding as prescribed under section 604(b)(4)(A).
38

§ 609 - 15 U.S.C. § 1681g

(4) The dates, original payees, and amounts of any checks upon which is 

based any adverse characterization of the consumer, included in the 

file at the time of the disclosure.

(5) A record of all inquiries received by the agency during the 1-year 

period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the 

consumer.

(6) If the consumer requests the credit file and not the credit score, a 

statement that the consumer may request and obtain a credit score.

(b) Exempt information. The requirements of subsection (a) of this section 

respecting the disclosure of sources of information and the recipients 

of consumer reports do not apply to information received or consumer 

reports furnished prior to the effective date of this title except to the extent 

that the matter involved is contained in the files of the consumer reporting 

agency on that date. 

(c) Summary of Rights to Obtain and Dispute Information in Consumer Reports and to Obtain Credit Scores

See also 16 CFR Part 698, App F

69 Fed. Reg. 69776 (11/30/04)

(1) Bureau Summary of Rights Required

(A) In general. The Bureau shall prepare a model summary of the 

rights of consumers under this title.

(B) Content of summary. The summary of rights prepared under 

subparagraph (A) shall include a description of –

(i) the right of a consumer to obtain a copy of a consumer 

report under subsection (a) from each consumer reporting 

agency;

(ii) the frequency and circumstances under which a consumer 

is entitled to receive a consumer report without charge 

under section 612;

(iii) the right of a consumer to dispute information in the file 

of the consumer under section 611;

(iv) the right of a consumer to obtain a credit score from a 

consumer reporting agency, and a description of how to 

obtain a credit score;
§ 609 - 15 U.S.C. § 1681g

39

(v) the method by which a consumer can contact, and obtain a 

consumer report from, a consumer reporting agency without charge, as provided in the regulations of the Bureau 

prescribed under section 211(c) of the Fair and Accurate 

Credit Transactions Act of 2003; and

(vi) the method by which a consumer can contact, and obtain 

a consumer report from, a consumer reporting agency 

described in section 603(w), as provided in the regulations 

of the Bureau prescribed under section 612(a)(1)(C).

(C) Availability of summary of rights. The Bureau shall – 

(i) actively publicize the availability of the summary of rights 

prepared under this paragraph;

(ii) conspicuously post on its Internet website the availability 

of such summary of rights; and

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

(2) Summary of rights required to be included with agency disclosures. 

A consumer reporting agency shall provide to a consumer, with each 

written disclosure by the agency to the consumer under this section – 

(A) the summary of rights prepared by the Bureau under paragraph 

(1);

(B) in the case of a consumer reporting agency described in section 

603(p), a toll-free telephone number established by the agency, 

at which personnel are accessible to consumers during normal 

business hours;

(C) a list of all Federal agencies responsible for enforcing any provision of this title, and the address and any appropriate phone 

number of each such agency, in a form that will assist the consumer in selecting the appropriate agency;

(D) a statement that the consumer may have additional rights under 

State law, and that the consumer may wish to contact a State or 

local consumer protection agency or a State attorney general (or 

the equivalent thereof) to learn of those rights; and

(E) a statement that a consumer reporting agency is not required 

to remove accurate derogatory information from the file of a 

consumer, unless the information is outdated under section 605 

or cannot be verified.
40

§ 609 - 15 U.S.C. § 1681g

(d) Summary of Rights of Identity Theft Victims

See also 16 CFR Part 698, App E 

69 Fed. Reg. 69776 (11/30/04)

(1) In general. The Bureau, in consultation with the Federal banking 

agencies and the National Credit Union Administration, shall prepare 

a model summary of the rights of consumers under this title with respect to the procedures for remedying the effects of fraud or identity 

theft involving credit, an electronic fund transfer, or an account or 

transaction at or with a financial institution or other creditor.

(2) Summary of rights and contact information. Beginning 60 days 

after the date on which the model summary of rights is prescribed in 

final form by the Bureau pursuant to paragraph (1), if any consumer 

contacts a consumer reporting agency and expresses a belief that the 

consumer is a victim of fraud or identity theft involving credit, an 

electronic fund transfer, or an account or transaction at or with a 

financial institution or other creditor, the consumer reporting agency 

shall, in addition to any other action that the agency may take, provide the consumer with a summary of rights that contains all of the 

information required by the Bureau under paragraph (1), and information on how to contact the Bureau to obtain more detailed information.

(e) Information Available to Victims

(1) In general. For the purpose of documenting fraudulent transactions 

resulting from identity theft, not later than 30 days after the date of 

receipt of a request from a victim in accordance with paragraph (3), 

and subject to verification of the identity of the victim and the claim 

of identity theft in accordance with paragraph (2), a business entity 

that has provided credit to, provided for consideration products, 

goods, or services to, accepted payment from, or otherwise entered 

into a commercial transaction for consideration with, a person who 

has allegedly made unauthorized use of the means of identification of 

the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained 

by the business entity or by another person on behalf of the business 

entity, evidencing any transaction alleged to be a result of identity 

theft to – 

(A) the victim;

(B) any Federal, State, or local government law enforcement 

agency or officer specified by the victim in such a request; or
§ 609 - 15 U.S.C. § 1681g

41

(C) Any law enforcement agency investigating the identity theft 

and authorized by the victim to take receipt of records provided 

under this subsection.

(2) Verification of identity and claim. Before a business entity provides 

any information under paragraph (1), unless the business entity, at its 

discretion, otherwise has a high degree of confidence that it knows 

the identity of the victim making a request under paragraph (1), the 

victim shall provide to the business entity – 

(A) as proof of positive identification of the victim, at the election 

of the business entity –

(i) the presentation of a government-issued identification 

card;

(ii) personally identifying information of the same type as was 

provided to the business entity by the unauthorized person; or

(iii) personally identifying information that the business entity 

typically requests from new applicants or for new transactions, at the time of the victim’s request for information, 

including any documentation described in clauses (i) and 

(ii); and

(B) as proof of a claim of identity theft, at the election of the business entity – 

(i) a copy of a police report evidencing the claim of the victim of identity theft; and

(ii) a properly completed – 

(I) copy of a standardized affidavit of identity theft developed and made available by the Bureau; or

(II) an affidavit of fact that is acceptable to the business 

entity for that purpose.

(3) Procedures. The request of a victim under paragraph (1) shall – 

(A) be in writing;

(B) be mailed to an address specified by the business entity, if any; 

and

(C) if asked by the business entity, include relevant information 

about any transaction alleged to be a result of identity theft to 

facilitate compliance with this section including –
42

§ 609 - 15 U.S.C. § 1681g

(i) if known by the victim (or if readily obtainable by the 

victim), the date of the application or transaction; and

(ii) if known by the victim (or if readily obtainable by the victim), any other identifying information such as an account 

or transaction number.

(4) No charge to victim. Information required to be provided under 

paragraph (1) shall be so provided without charge.

(5) Authority to decline to provide information. A business entity may 

decline to provide information under paragraph (1) if, in the 

exercise of good faith, the business entity determines that – 

(A) this subsection does not require disclosure of the information;

(B) after reviewing the information provided pursuant to paragraph 

(2), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting 

the information;

(C) the request for the information is based on a misrepresentation 

of fact by the individual requesting the information relevant to 

the request for information; or

(D the information requested is Internet navigational data or 

similar information about a person’s visit to a website or online 

service.

(6) Limitation on liability. Except as provided in section 621, sections 

616 and 617 do not apply to any violation of this subsection.

(7) Limitation on civil liability. No business entity may be held civilly 

liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection.

(8) No new recordkeeping obligation. Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or 

maintain information or records that are not otherwise required to be 

obtained, retained, or maintained in the ordinary course of its business or under other applicable law.

(9) Rule of Construction

(A) In general. No provision of subtitle A of title V of Public Law 

106-102, prohibiting the disclosure of financial information by 

a business entity to third parties shall be used to deny disclosure 

of information to the victim under this subsection.
§ 609 - 15 U.S.C. § 1681g

43

(B) Limitation. Except as provided in subparagraph (A), nothing 

in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs (B) and (C) of paragraph (1), that the business entity is 

otherwise prohibited from disclosing under any other applicable 

provision of Federal or State law.

(10) Affirmative defense. In any civil action brought to enforce this 

subsection, it is an affirmative defense (which the defendant must 

establish by a preponderance of the evidence) for a business entity to 

file an affidavit or answer stating that–

(A) the business entity has made a reasonably diligent search of its 

available business records; and

(B) the records requested under this subsection do not exist or are 

not reasonably available.

(11) Definition of victim. For purposes of this subsection, the term “victim” means a consumer whose means of identification or financial 

information has been used or transferred (or has been alleged to have 

been used or transferred) without the authority of that consumer, with 

the intent to commit, or to aid or abet, an identity theft or a similar 

crime.

(12) Effective date. This subsection shall become effective 180 days after 

the date of enactment of this subsection.

(13) Effectiveness study. Not later than 18 months after the date of enactment of this subsection, the Comptroller General of the United States 

shall submit a report to Congress assessing the effectiveness of this 

provision.

(f) Disclosure of Credit Scores

(1) In general. Upon the request of a consumer for a credit score, a 

consumer reporting agency shall supply to the consumer a statement indicating that the information and credit scoring model may be 

different than the credit score that may be used by the lender, and a 

notice which shall include – 

(A) the current credit score of the consumer or the most recent 

credit score of the consumer that was previously calculated by 

the credit reporting agency for a purpose related to the extension of credit;

(B) the range of possible credit scores under the model used;
44

§ 609 - 15 U.S.C. § 1681g

(C) all of the key factors that adversely affected the credit score 

of the consumer in the model used, the total number of which 

shall not exceed 4, subject to paragraph (9);

(D) the date on which the credit score was created; and

(E) the name of the person or entity that provided the credit score 

or credit file upon which the credit score was created.

(2) Definitions. For purposes of this subsection, the following definitions shall apply:

(A) The term “credit score” – 

(i) means a numerical value or a categorization derived from 

a statistical tool or modeling system used by a person who 

makes or arranges a loan to predict the likelihood of certain credit behaviors, including default (and the numerical 

value or the categorization derived from such analysis may 

also be referred to as a “risk predictor” or “risk score”); 

and

(ii) does not include – 

(I) any mortgage score or rating of an automated underwriting system that considers one or more factors 

in addition to credit information, including the loan 

to value ratio, the amount of down payment, or the 

financial assets of a consumer; or

(II) any other elements of the underwriting process or 

underwriting decision.

(B) The term “key factors” means all relevant elements or reasons 

adversely affecting the credit score for the particular individual, 

listed in the order of their importance based on their effect on 

the credit score. 

(3) Timeframe and manner of disclosure. The information required by 

this subsection shall be provided in the same timeframe and manner 

as the information described in subsection (a).

(4) Applicability to certain uses. This subsection shall not be construed 

so as to compel a consumer reporting agency to develop or disclose a 

score if the agency does not – 

(A) distribute scores that are used in connection with residential real 

property loans; or
§ 609 - 15 U.S.C. § 1681g

45

(B) develop scores that assist credit providers in understanding the 

general credit behavior of a consumer and predicting the future 

credit behavior of the consumer.

(5) Applicability to credit scores developed by another person.

(A) In general. This subsection shall not be construed to require a 

consumer reporting agency that distributes credit scores developed by another person or entity to provide a further explanation of them, or to process a dispute arising pursuant to section 

611, except that the consumer reporting agency shall provide 

the consumer with the name and address and website for contacting the person or entity who developed the score or developed the methodology of the score.

(B) Exception. This paragraph shall not apply to a consumer reporting agency that develops or modifies scores that are developed by another person or entity.

(6) Maintenance of credit scores not required. This subsection shall 

not be construed to require a consumer reporting agency to maintain 

credit scores in its files.

(7) Compliance in certain cases. In complying with this subsection, a 

consumer reporting agency shall – 

(A) supply the consumer with a credit score that is derived from a 

credit scoring model that is widely distributed to users by that 

consumer reporting agency in connection with residential real 

property loans or with a credit score that assists the consumer 

in understanding the credit scoring assessment of the credit 

behavior of the consumer and predictions about the future credit 

behavior of the consumer; and

(B) a statement indicating that the information and credit scoring 

model may be different than that used by the lender.

(8) Fair and reasonable fee. A consumer reporting agency may charge 

a fair and reasonable fee, as determined by the Bureau, for providing 

the information required under this subsection.

See also 69 Fed. Reg. 64698 (11/08/04)

(9) Use of enquiries as a key factor. If a key factor that adversely affects 

the credit score of a consumer consists of the number of enquiries 

made with respect to a consumer report, that factor shall be included 

in the disclosure pursuant to paragraph (1)(C) without regard to the 

numerical limitation in such paragraph.
46

§ 609 - 15 U.S.C. § 1681g

(g) Disclosure of Credit Scores by Certain Mortgage Lenders

(1) In general. Any person who makes or arranges loans and who uses 

a consumer credit score, as defined in subsection (f), in connection 

with an application initiated or sought by a consumer for a closed end 

loan or the establishment of an open end loan for a consumer purpose 

that is secured by 1 to 4 units of residential real property (hereafter in 

this subsection referred to as the “lender”) shall provide the following to the consumer as soon as reasonably practicable:

(A) Information Required under Subsection (f)

(i) In general. A copy of the information identified in 

subsection (f) that was obtained from a consumer reporting agency or was developed and used by the user of the 

information.

(ii) Notice under subparagraph (D). In addition to the information provided to it by a third party that provided the 

credit score or scores, a lender is only required to provide 

the notice contained in subparagraph (D).

(B) Disclosures in Case of Automated Underwriting System

(i) In general. If a person that is subject to this subsection 

uses an automated underwriting system to underwrite a 

loan, that person may satisfy the obligation to provide a 

credit score by disclosing a credit score and associated key 

factors supplied by a consumer reporting agency. 

(ii) Numerical credit score. However, if a numerical credit 

score is generated by an automated underwriting system 

used by an enterprise, and that score is disclosed to the 

person, the score shall be disclosed to the consumer consistent with subparagraph (c).

(iii) Enterprise defined. For purposes of this subparagraph, 

the term “enterprise” has the same meaning as in paragraph (6) of section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992.

(C) Disclosures of credit scores not obtained from a consumer 

reporting agency. A person that is subject to the provisions of 

this subsection and that uses a credit score, other than a credit 

score provided by a consumer reporting agency, may satisfy the 

obligation to provide a credit score by disclosing a credit score 

and associated key factors supplied by a consumer reporting 

agency.
§ 609 - 15 U.S.C. § 1681g

47

(D) Notice to home loan applicants. A copy of the following 

notice, which shall include the name, address, and telephone 

number of each consumer reporting agency providing a credit 

score that was used:

“Notice To The Home Loan Applicant

“In connection with your application for a home loan, the lender must disclose 

to you the score that a consumer reporting agency distributed to users and the 

lender used in connection with your home loan, and the key factors affecting 

your credit scores.

“The credit score is a computer generated summary calculated at the time of the 

request and based on information that a consumer reporting agency or lender 

has on file. The scores are based on data about your credit history and payment 

patterns. Credit scores are important because they are used to assist the lender 

in determining whether you will obtain a loan. They may also be used to 

determine what interest rate you may be offered on the mortgage. Credit scores 

can change over time, depending on your conduct, how your credit history and 

payment patterns change, and how credit scoring technologies change.

“Because the score is based on information in your credit history, it is very 

important that you review the credit-related information that is being furnished 

to make sure it is accurate. Credit records may vary from one company to 

another.

“If you have questions about your credit score or the credit information that 

is furnished to you, contact the consumer reporting agency at the address and 

telephone number provided with this notice, or contact the lender, if the lender 

developed or generated the credit score. The consumer reporting agency plays 

no part in the decision to take any action on the loan application and is unable 

to provide you with specific reasons for the decision on a loan application.

“If you have questions concerning the terms of the loan, contact the lender.”

(E) Actions not required under this subsection. This subsection 

shall not require any person to –

(i) explain the information provided pursuant to subsection 

(f);

(ii disclose any information other than a credit score or key 

factors, as defined in subsection (f);

(iii) disclose any credit score or related information obtained 

by the user after a loan has closed;

(iv) provide more than 1 disclosure per loan transaction; or
48

§ 610 - 15 U.S.C. § 1681h

(v) provide the disclosure required by this subsection when 

another person has made the disclosure to the consumer 

for that loan transaction.

(F) No Obligation for Content

(i) In general. The obligation of any person pursuant to 

this subsection shall be limited solely to providing a copy 

of the information that was received from the consumer 

reporting agency.

(ii) Limit on liability. No person has liability under this 

subsection for the content of that information or for the 

omission of any information within the report provided by 

the consumer reporting agency.

(G) Person defined as excluding enterprise. As used in this subsection, the term “person” does not include an enterprise (as 

defined in paragraph (6) of section 1303 of the Federal Housing 

Enterprises Financial Safety and Soundness Act of 1992).

(2) Prohibition on Disclosure Clauses Null and Void

(A) In general. Any provision in a contract that prohibits the 

disclosure of a credit score by a person who makes or arranges 

loans or a consumer reporting agency is void.

(B) No liability for disclosure under this subsection. A lender shall 

not have liability under any contractual provision for disclosure 

of a credit score pursuant to this subsection.

§ 610. Conditions and form of disclosure to consumers 

[15 U.S.C. § 1681h]

(a) In General

(1) Proper identification. A consumer reporting agency shall require, 

as a condition of making the disclosures required under section 609 

[§ 1681g], that the consumer furnish proper identification.

(2) Disclosure in writing. Except as provided in subsection (b), the 

disclosures required to be made under section 609 [§ 1681g] shall be 

provided under that section in writing.

(b) Other Forms of Disclosure 

(1) In general. If authorized by a consumer, a consumer reporting 

agency may make the disclosures required under 609 [§ 1681g] 
§ 610 - 15 U.S.C. § 1681h

49

(A) other than in writing; and

(B) in such form as may be 

(i) specified by the consumer in accordance with paragraph 

(2); and

(ii) available from the agency.

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

(A) in person, upon the appearance of the consumer at the place of 

business of the consumer reporting agency where disclosures 

are regularly provided, during normal business hours, and on 

reasonable notice;

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

disclosure by telephone;

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

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

agency.

(c) Trained personnel. Any consumer reporting agency shall provide trained 

personnel to explain to the consumer any information furnished to him 

pursuant to section 609 [§ 1681g] of this title.

(d) Persons accompanying consumer. The consumer shall be permitted to be 

accompanied by one other person of his choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer 

reporting agency to discuss the consumer’s file in such person’s presence.

(e) Limitation of liability. Except as provided in sections 616 and 617 [§§ 

1681n and 1681o] of this title, no consumer may bring any action or 

proceeding in the nature of defamation, invasion of privacy, or negligence 

with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency, based on information disclosed 

pursuant to section 609, 610, or 615 [§§ 1681g, 1681h, or 1681m] of this 

title or based on information disclosed by a user of a consumer report to 

or for a consumer against whom the user has taken adverse action, based 

in whole or in part on the report, except as to false information furnished 

with malice or willful intent to injure such consumer. 
50

§ 611 - 15 U.S.C. § 1681i

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

(a) Reinvestigations of Disputed Information

(1) Reinvestigation Required

(A) In general. Subject to subsection (f), 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, or indirectly 

through a reseller, of such dispute, the agency shall, free of 

charge, conduct a reasonable reinvestigation to determine 

whether the disputed information is inaccurate and record the 

current status of the disputed information, or delete the item 

from the file in accordance with paragraph (5), before the end 

of the 30-day period beginning on the date on which the agency 

receives the notice of the dispute from the consumer or reseller.

(B) Extension of period to reinvestigate. Except as provided in 

subparagraph (c), the 30-day period described in subparagraph 

(A) may be extended for not more than 15 additional days if the 

consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation.

(C) Limitations on extension of period to reinvestigate. Subparagraph (B) shall not apply to any reinvestigation in which, 

during the 30-day period described in subparagraph (A), the 

information that is the subject of the reinvestigation is found to 

be inaccurate or incomplete or the consumer reporting agency 

determines that the information cannot be verified.

(2) Prompt Notice of Dispute to Furnisher of Information

(A) In general. Before the expiration of the 5-business-day period 

beginning on the date on which a consumer reporting agency 

receives notice of a dispute from any consumer or a reseller in 

accordance with paragraph (1), the agency shall provide notification of the dispute to any person who provided any item of 

information in dispute, at the address and in the manner established with the person. The notice shall include all relevant 

information regarding the dispute that the agency has received 

from the consumer or reseller.

(B) Provision of other information. The consumer reporting agency 

shall promptly provide to the person who provided the information in dispute all relevant information regarding the dispute 
§ 611 - 15 U.S.C. § 1681i

51

that is received by the agency from the consumer or the reseller 

after the period referred to in subparagraph (A) and before the 

end of the period referred to in paragraph (1)(A).

(3) Determination That Dispute Is Frivolous or Irrelevant

(A) In general. Notwithstanding paragraph (1), a consumer reporting 

agency may terminate a reinvestigation of information disputed 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)i dentification of any information required to investigate the 

disputed information, which may consist of a standardized 

form describing the general nature of such information.

(4) Consideration of consumer information. In conducting any reinvestigation under paragraph (1) with respect to disputed information in the 

file of any consumer, the consumer reporting agency shall review and 

consider all relevant information submitted by the consumer in the 

period described in paragraph (1)(A) with respect to such disputed 

information.

(5) Treatment of Inaccurate or Unverifiable Information 

(A) In general. If, after any reinvestigation under paragraph (1) of 

any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be 

verified, the consumer reporting agency shall–

(i) promptly delete that item of information from the file of 

the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and
52

§ 611 - 15 U.S.C. § 1681i

(ii) promptly notify the furnisher of that information that the 

information has been modified or deleted from the file of 

the consumer.

(B) Requirements Relating to Reinsertion of Previously Deleted 

Material 

(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)).
§ 611 - 15 U.S.C. § 1681i

53

(D) Automated reinvestigation system. Any consumer reporting 

agency that compiles and maintains files on consumers on a 

nationwide basis shall implement an automated system through 

which furnishers of information to that consumer reporting 

agency may report the results of a reinvestigation that finds incomplete or inaccurate information in a consumer’s file to other 

such consumer reporting agencies.

(6) Notice of Results of Reinvestigation 

(A) In general. A consumer reporting agency shall provide written 

notice to a consumer of the results of a reinvestigation under 

this subsection not later than 5 business days after the completion of the reinvestigation, by mail or, if authorized by the consumer for that purpose, by other means available to the agency.

(B) Contents. As part of, or in addition to, the notice under subparagraph (A), a consumer reporting agency shall provide to a 

consumer in writing before the expiration of the 5-day period 

referred to in subparagraph (A) 

(i) a statement that the reinvestigation is completed;

(ii) a consumer report that is based upon the consumer’s file 

as that file is revised as a result of the reinvestigation;

(iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and 

completeness of the information shall be provided to the 

consumer by the agency, including the business name and 

address of any furnisher of information contacted in connection with such information and the telephone number 

of such furnisher, if reasonably available;

(iv) a notice that the consumer has the right to add a statement 

to the consumer’s file disputing the accuracy or completeness of the information; and

(v) a notice that the consumer has the right to request under 

subsection (d) that the consumer reporting agency furnish 

notifications under that subsection.

(7) Description of reinvestigation procedure. A consumer reporting 

agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days after receiving a request 

from the consumer for that description.
54

§ 611 - 15 U.S.C. § 1681i

(8) Expedited dispute resolution. If a dispute regarding an item of 

information in a consumer’s file at a consumer reporting agency is 

resolved in accordance with paragraph (5)(A) by the deletion of the 

disputed information by not later than 3 business days after the date 

on which the agency receives notice of the dispute from the consumer 

in accordance with paragraph (1)(A), then the agency shall not be 

required to comply with paragraphs (2), (6), and (7) with respect to 

that dispute if the agency 

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

(B) includes in that notice, or in a written notice that accompanies a 

confirmation and consumer report provided in accordance with 

subparagraph (C), a statement of the consumer’s right to request under subsection (d) that the agency furnish notifications 

under that subsection; and

(C) provides written confirmation of the deletion and a copy of a 

consumer report on the consumer that is based on the consumer’s file after the deletion, not later than 5 business days after 

making the deletion.

(b) Statement of dispute. If the reinvestigation does not resolve the dispute, 

the consumer may file a brief statement setting forth the nature of the 

dispute. The consumer reporting agency may limit such statements to not 

more than one hundred words if it provides the consumer with assistance 

in writing a clear summary of the dispute.

(c) Notification of consumer dispute in subsequent consumer reports. Whenever a statement of a dispute is filed, unless there is reasonable grounds 

to believe that it is frivolous or irrelevant, the consumer reporting agency 

shall, in any subsequent 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. 
§ 611 - 15 U.S.C. § 1681i

55

(e) Treatment of Complaints and Report to Congress

(1) In general. The Bureau shall –

(A) compile all complaints that it receives that a file of a consumer 

that is maintained by a consumer reporting agency described in 

section 603(p) contains incomplete or inaccurate information, 

with respect to which, the consumer appears to have disputed the 

completeness or accuracy with the consumer reporting agency or 

otherwise utilized the procedures provided by subsection (a); and

(B) transmit each such complaint to each consumer reporting 

agency involved.

(2) Exclusion. Complaints received or obtained by the Bureau pursuant 

to its investigative authority under the Consumer Financial Protection 

Act of 2010 shall not be subject to paragraph (1).

(3) Agency responsibilities. Each consumer reporting agency described 

in section 603(p) that receives a complaint transmitted by the Bureau 

pursuant to paragraph (1) shall – 

(A) review each such complaint to determine whether all legal obligations imposed on the consumer reporting agency under this 

title (including any obligation imposed by an applicable court or 

administrative order) have been met with respect to the subject 

matter of the complaint;

(B) provide reports on a regular basis to the Bureau regarding the 

determinations of and actions taken by the consumer reporting 

agency, if any, in connection with its review of such complaints; and

(C) maintain, for a reasonable time period, records regarding the 

disposition of each such complaint that is sufficient to demonstrate compliance with this subsection.

(4) Rulemaking authority. The Bureau may prescribe regulations, as appropriate to implement this subsection.

(5) Annual report. The Bureau shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on 

Financial Services of the House of Representatives an annual report 

regarding information gathered by the Bureau under this subsection.

(f) Reinvestigation Requirement Applicable to Resellers

(1) Exemption from general reinvestigation requirement. Except as provided in paragraph (2), a reseller shall be exempt from the requirements of this section.
56

§ 611 - 15 U.S.C. § 1681i

(2) Action required upon receiving notice of a dispute. If a reseller 

receives a notice from a consumer of a dispute concerning the 

completeness or accuracy of any item of information contained in 

a consumer report on such consumer produced by the reseller, the 

reseller shall, within 5 business days of receiving the notice, and free 

of charge –

(A) determine whether the item of information is incomplete or 

inaccurate as a result of an act or omission of the reseller; and

(B) (i) if the reseller determines that the item of information is 

incomplete or inaccurate as a result of an act or omission 

of the reseller, not later than 20 days after receiving the 

notice, correct the information in the consumer report or 

delete it; or

(ii) if the reseller determines that the item of information 

is not incomplete or inaccurate as a result of an act or 

omission of the reseller, convey the notice of the dispute, 

together with all relevant information provided by the 

consumer, to each consumer reporting agency that provided the reseller with the information that is the subject 

of the dispute, using an address or a notification mechanism specified by the consumer reporting agency for such 

notices.

(3) Responsibility of consumer reporting agency to notify consumer 

through reseller. Upon the completion of a reinvestigation under this 

section of a dispute concerning the completeness or accuracy of any 

information in the file of a consumer by a consumer reporting agency 

that received notice of the dispute from a reseller under paragraph (2) 

– 

(A) the notice by the consumer reporting agency under paragraph 

(6), (7), or (8) of subsection (a) shall be provided to the reseller 

in lieu of the consumer; and

(B) the reseller shall immediately reconvey such notice to the consumer, including any notice of a deletion by telephone in the 

manner required under paragraph (8)(A).

(4) Reseller reinvestigations. No provision of this subsection shall be 

construed as prohibiting a reseller from conducting a reinvestigation 

of a consumer dispute directly.
§ 612 - 15 U.S.C. § 1681j

57

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

See also 16 CFR Part 610

69 Fed. Reg. 35467 (06/24/04)

75 Fed. Reg. 9726 (03/03/10)

(a) Free Annual Disclosure

(1) Nationwide Consumer Reporting Agencies

(A) In general. All consumer reporting agencies described in 

subsections (p) and (w) of section 603 shall make all disclosures 

pursuant to section 609 once during any 12-month period upon 

request of the consumer and without charge to the consumer.

(B) Centralized source. Subparagraph (A) shall apply with respect 

to a consumer reporting agency described in section 603(p) 

only if the request from the consumer is made using the centralized source established for such purpose in accordance with 

section 211(c) of the Fair and Accurate Credit Transactions Act 

of 2003.

(C) Nationwide Specialty Consumer Reporting Agency

(i) In general. The Bureau shall prescribe regulations applicable to each consumer reporting agency described in section 603(w) to require the establishment of a streamlined 

process for consumers to request consumer reports under 

subparagraph (A), which shall include, at a minimum, the 

establishment by each such agency of a toll-free telephone 

number for such requests.

(ii) Considerations. In prescribing regulations under clause 

(i), the Bureau shall consider–

(I) the significant demands that may be placed on consumer reporting agencies in providing such consumer 

reports;

(II) appropriate means to ensure that consumer reporting agencies can satisfactorily meet those demands, 

including the efficacy of a system of staggering the 

availability to consumers of such consumer reports; 

and

(III) the ease by which consumers should be able to 

contact consumer reporting agencies with respect to 

access to such consumer reports.
58

§ 612 - 15 U.S.C. § 1681j

(iii)7 Date of issuance. The Bureau shall issue the regulations 

required by this subparagraph in final form not later than 6 

months after the date of enactment of the Fair and Accurate 

Credit Transactions Act of 2003.

(iv)7 Consideration of ability to comply. The regulations of the 

Bureau under this subparagraph shall establish an effective 

date by which each nationwide specialty consumer reporting agency (as defined in section 603(w)) shall be required 

to comply with subsection (a), which effective date – 

(I) shall be established after consideration of the ability of each nationwide specialty consumer reporting 

agency to comply with subsection (a); and

(II) shall be not later than 6 months after the date on 

which such regulations are issued in final form (or 

such additional period not to exceed 3 months, as the 

Bureau determines appropriate).

(2) Timing. A consumer reporting agency shall provide a consumer 

report under paragraph (1) not later than 15 days after the date on 

which the request is received under paragraph (1).

(3) Reinvestigations. Notwithstanding the time periods specified in section 611(a)(1), a reinvestigation under that section by a consumer 

reporting agency upon a request of a consumer that is made after 

receiving a consumer report under this subsection shall be completed 

not later than 45 days after the date on which the request is received.

(4) Exception for first 12 months of operation. This subsection shall 

not apply to a consumer reporting agency that has not been furnishing consumer reports to third parties on a continuing basis during 

the 12-month period preceding a request under paragraph (1), with 

respect to consumers residing nationwide.

(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 con7 Subsections 612(a)(1)(C)(iii) and (iv) are obsolete. They relate to the to the issuance and effective dates 

of the “free report” rules that the 2003 FACT Act required the Commission to publish. The rules were 

published on time in June 2004 and updated in March 2010. The subsections appear as written, including 2010 amendments to the FCRA that changed “Commission” to “Bureau” (effective July 21, 2011) in 

several places in the FCRA. 
§ 612 - 15 U.S.C. § 1681j

59

sumer’s credit rating may be or has been adversely affected, the consumer 

makes a request under section 609 [§ 1681g].

(c) Free disclosure under certain other circumstances. Upon the request of 

the consumer, a consumer reporting agency shall make all disclosures 

pursuant to section 609 [§ 1681g] once during any 12-month period without charge to that consumer if the consumer certifies in writing that the 

consumer 

(1) is unemployed and intends to apply for employment in the 60-day 

period beginning on the date on which the certification is made;

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

(3) has reason to believe that the file on the consumer at the agency contains inaccurate information due to fraud.

(d) Free disclosures in connection with fraud alerts. Upon the request of a 

consumer, a consumer reporting agency described in section 603(p) shall 

make all disclosures pursuant to section 609 without charge to the consumer, as provided in subsections (a)(2) and (b)(2) of section 605A, as 

applicable.

(e) Other charges prohibited. A consumer reporting agency shall not impose 

any charge on a consumer for providing any notification required by this 

title or making any disclosure required by this title, except as authorized 

by subsection (f).

(f) Reasonable Charges Allowed for Certain Disclosures 

(1) In general. In the case of a request from a consumer other than a request that is covered by any of subsections (a) through (d), a consumer reporting agency may impose a reasonable charge on a consumer 

(A) for making a disclosure to the consumer pursuant to section 609 

[§ 1681g], which charge 

(i) shall not exceed $8;8 and

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

(B) for furnishing, pursuant to 611(d) [§ 1681i], following a reinvestigation under section 611(a) [§ 1681i], a statement, codification, or summary to a person designated by the consumer 

under that section after the 30-day period beginning on the 

date of notification of the consumer under paragraph (6) or (8) 

8 Pursuant to Section 612(f)(2), the Federal Trade Commission set the maximum charge at $11.00, effective 

January 1, 2011. See 75 Fed. Reg. 80817 (Dec. 23, 2010). The Bureau will set the charge for 2012 and 

later years.
60

§ 613 - 15 U.S.C. § 1681k

of section 611(a) [§ 1681i] with respect to the reinvestigation, 

which charge 

(i) shall not exceed the charge that the agency would impose 

on each designated recipient for a consumer report; and

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

information.

(2) Modification of amount. The Bureau shall increase the amount 

referred to in paragraph (1)(A)(i) on January 1 of each year, based 

proportionally on changes in the Consumer Price Index, with fractional changes rounded to the nearest fifty cents.8

(g) Prevention of Deceptive Marketing of Credit Reports

(1) In general. Subject to rulemaking pursuant to section 205(b) of 

the Credit CARD Act of 2009, any advertisement for a free credit 

report in any medium shall prominently disclose in such advertisement that free credit reports are available under Federal law at 

AnnualCreditReport.com (or such other source as may be authorized 

under Federal law).

(2) Television and radio advertisement. In the case of an advertisement 

broadcast by television, the disclosures required under paragraph (1) 

shall be included in the audio and visual part of such advertisement. 

In the case of an advertisement broadcast by televison or radio, the 

disclosure required under paragraph (1) shall consist only of the following: “This is not the free credit report provided for by Federal 

law.’’

§ 613. Public record information for employment purposes 

[15 U.S.C. § 1681k] 

(a) In general. A consumer reporting agency which furnishes a consumer 

report for employment purposes and which for that purpose compiles and 

reports items of information on consumers which are matters of public 

record and are likely to have an adverse effect upon a consumer’s ability 

to obtain employment shall 

(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 
§ 615 - 15 U.S.C. § 1681m

61

consumer’s ability to obtain employment is reported it is complete 

and up to date. For purposes of this paragraph, items of public record 

relating to arrests, indictments, convictions, suits, tax liens, and 

outstanding judgments shall be considered up to date if the current 

public record status of the item at the time of the report is reported. 

(b) Exemption for national security investigations. Subsection (a) does not 

apply in the case of an agency or department of the United States Government that seeks to obtain and use a consumer report for employment 

purposes, if the head of the agency or department makes a written finding 

as prescribed under section 604(b)(4)(A).

§ 614. Restrictions on investigative consumer reports 

[15 U.S.C. § 1681l]

Whenever a consumer reporting agency prepares an investigative consumer 

report, no adverse information in the consumer report (other than information 

which is a matter of public record) may be included in a subsequent consumer 

report unless such adverse information has been verified in the process of making 

such subsequent consumer report, or the adverse information was received within 

the three-month period preceding the date the subsequent report is furnished. 

§ 615. Requirements on users of consumer reports 

[15 U.S.C. § 1681m] 

(a) Duties of users taking adverse actions on the basis of information contained in consumer reports. If any person takes any adverse action with 

respect to any consumer that is based in whole or in part on any information contained in a consumer report, the person shall 

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

consumer;

(2) provide to the consumer written or electronic disclosure

(A) of a numerical credit score as defined in section 609(f)(2)

(A) used by such person in taking any adverse action based in 

whole or in part on any information in a consumer report; and

(B) of the information set forth in subparagraphs (B) through (E) of 

section 609(f)(1);

(3) 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 
62

§ 615 - 15 U.S.C. § 1681m

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

(4) provide to the consumer an oral, written, or electronic notice of the 

consumer’s right 

(A) to obtain, under section 612 [§ 1681j], a free copy of a consumer report on the consumer from the consumer reporting 

agency referred to in paragraph (3), which notice shall include 

an indication of the 60-day period under that section for obtaining such a copy; and

(B) to dispute, under section 611 [§ 1681i], with a consumer reporting agency the accuracy or completeness of any information 

in a consumer report furnished by the agency.

(b) Adverse Action Based on Information Obtained from Third Parties Other 

than Consumer Reporting Agencies 

(1) In general. Whenever credit for personal, family, or household 

purposes involving a consumer is denied or the charge for such credit 

is increased either wholly or partly because of information obtained 

from a person other than a consumer reporting agency bearing upon 

the consumer’s credit worthiness, credit standing, credit capacity, 

character, general reputation, personal characteristics, or mode of 

living, the user of such information shall, within a reasonable period 

of time, upon the consumer’s written request for the reasons for such 

adverse action received within sixty days after learning of such adverse action, disclose the nature of the information to the consumer. 

The user of such information shall clearly and accurately disclose to 

the consumer his right to make such written request at the time such 

adverse action is communicated to the consumer.

(2) Duties of Person Taking Certain Actions Based on Information Provided by Affiliate 

(A) Duties, generally. If a person takes an action described in 

subparagraph (B) with respect to a consumer, based in whole or 

in part on information described in subparagraph (c), the person 

shall 
§ 615 - 15 U.S.C. § 1681m

63

(i) notify the consumer of the action, including a statement 

that the consumer may obtain the information in accordance with clause (ii); and

(ii) upon a written request from the consumer received within 

60 days after transmittal of the notice required by clause 

(i), disclose to the consumer the nature of the information 

upon which the action is based by not later than 30 days 

after receipt of the request.

(B) Action described. An action referred to in subparagraph (A) is 

an adverse action described in section 603(k)(1)(A) [§ 1681a], 

taken in connection with a transaction initiated by the consumer, or any adverse action described in clause (i) or (ii) of 

section 603(k)(1)(B) [§ 1681a].

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

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

(I) is furnished to the person taking the action by a 

person related by common ownership or affiliated by 

common corporate control to the person taking the 

action; and

(II) bears on the credit worthiness, credit standing, credit 

capacity, character, general reputation, personal characteristics, or mode of living of the consumer; and

(ii) does not include 

(I) information solely as to transactions or experiences 

between the consumer and the person furnishing the 

information; or

(II) information in a consumer report.

(c) Reasonable procedures to assure compliance. No person shall be held liable for any violation of this section if he shows by a preponderance of the 

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

procedures to assure compliance with the provisions of this section.

(d) Duties of Users Making Written Credit or Insurance Solicitations on the 

Basis of Information Contained in Consumer Files

(1) In general. Any person who uses a consumer report on any consumer in connection with any credit or insurance transaction that is 

not initiated by the consumer, that is provided to that person under 

section 604(c)(1)(B) [§ 1681b], shall provide with each written so-
64

§ 615 - 15 U.S.C. § 1681m

licitation made to the consumer regarding the transaction a clear and 

conspicuous statement that 

(A) information contained in the consumer’s consumer report was 

used in connection with the transaction;

(B) the consumer received the offer of credit or insurance because 

the consumer satisfied the criteria for credit worthiness or insurability under which the consumer was selected for the offer;

(C) if applicable, the credit or insurance may not be extended if, 

after the consumer responds to the offer, the consumer does not 

meet the criteria used to select the consumer for the offer or 

any applicable criteria bearing on credit worthiness or insurability or does not furnish any required collateral;

(D) the consumer has a right to prohibit information contained in 

the consumer’s file with any consumer reporting agency from 

being used in connection with any credit or insurance transaction that is not initiated by the consumer; and

(E) the consumer may exercise the right referred to in subparagraph 

(D) by notifying a notification system established under section 

604(e) [§ 1681b].

(2) Disclosure of address and telephone number; format. A statement 

under paragraph (1) shall – 

(A) include the address and toll-free telephone number of the appropriate notification system established under section 604(e); and

(B) be presented in such format and in such type size and manner 

as to be simple and easy to understand, as established by the 

Bureau, by rule, in consultation with the Federal Trade Commission, Federal banking agencies and the National Credit 

Union Administration.

See also 16 CFR Part 642

16 CFR Part 698 App A

70 Fed. Reg. 5022 (01/31/05)

(3) Maintaining criteria on file. A person who makes an offer of credit 

or insurance to a consumer under a credit or insurance transaction 

described in paragraph (1) shall maintain on file the criteria used to 

select the consumer to receive the offer, all criteria bearing on credit 

worthiness or insurability, as applicable, that are the basis for determining whether or not to extend credit or insurance pursuant to the 

offer, and any requirement for the furnishing of collateral as a condi-
§ 615 - 15 U.S.C. § 1681m

65

tion 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.

See also 16 CFR Part 681

72 Fed. Reg. 63772-74 (11/09/07)

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

(e) Red Flag Guidelines and Regulations Required (1)Guidelines. The 

Federal banking agencies, the National Credit Union Administration, the 

Federal Trade Commission, the Commodity Futures Trading Commission, 

and the Securities and Exchange Commission shall jointly, with respect to 

the entities that are subject to their respective enforcement authority under 

section 621 –

(A) establish and maintain guidelines for use by each financial institution and each creditor regarding identity theft with respect 

to account holders at, or customers of, such entities, and update 

such guidelines as often as necessary;

(B) prescribe regulations requiring each financial institution and 

each creditor to establish reasonable policies and procedures 

for implementing the guidelines established pursuant to subparagraph (A), to identify possible risks to account holders or 

customers or to the safety and soundness of the institution or 

customers; and

(C) prescribe regulations applicable to card issuers to ensure that, 

if a card issuer receives notification of a change of address for 

an existing account, and within a short period of time (during at least the first 30 days after such notification is received) 

receives a request for an additional or replacement card for the 

same account, the card issuer may not issue the additional or 

replacement card, unless the card issuer, in accordance with 

reasonable policies and procedures –

(i) notifies the cardholder of the request at the former address 

of the cardholder and provides to the cardholder a means 

of promptly reporting incorrect address changes;
66

§ 615 - 15 U.S.C. § 1681m

(ii) notifies the cardholder of the request by such other means 

of communication as the cardholder and the card issuer 

previously agreed to; or

(iii) uses other means of assessing the validity of the change of 

address, in accordance with reasonable policies and procedures established by the card issuer in accordance with the 

regulations prescribed under subparagraph (B).

(2) Criteria

(A) In general. In developing the guidelines required by paragraph 

(1)(A), the agencies described in paragraph (1) shall identify 

patterns, practices, and specific forms of activity that indicate 

the possible existence of identity theft.

(B) Inactive accounts. In developing the guidelines required by 

paragraph (1)(A), the agencies described in paragraph (1) shall 

consider including reasonable guidelines providing that when 

a transaction occurs with respect to a credit or deposit account 

that has been inactive for more than 2 years, the creditor or 

financial institution shall follow reasonable policies and procedures that provide for notice to be given to a consumer in a 

manner reasonably designed to reduce the likelihood of identity 

theft with respect to such account.

(3) Consistency with verification requirements. Guidelines established 

pursuant to paragraph (1) shall not be inconsistent with the policies 

and procedures required under section 5318(l) of title 31, United 

States Code.

(4) Definitions. As used in this subsection, the term “creditor” – 

(A) means a creditor, as defined in section 702 of the Equal Credit 

Opportunity Act (15 U.S.C. 1691a), that regularly and in the 

ordinary course of business

(i) obtains or uses consumer reports, directly or indirectly, in 

connection with a credit transaction;

(ii) furnishes information to consumer reporting agencies, as 

described in section 623, in connection with a credit transaction; or

(iii) advances funds to or on behalf of a person, based on an 

obligation of the person to repay the funds or repayable 

from specific property pledged by or on behalf of the person;
§ 615 - 15 U.S.C. § 1681m

67

(B) does not include a creditor described in subparagraph (A)(iii) 

that advances funds on behalf of a person for expenses incidental 

to a service provided by the creditor to that person; and

(C) includes any other type of creditor, as defined in that section 

702, as the agency described in paragraph (1) having authority 

over that creditor may determine appropriate by rule promulgated by that agency, based on a determination that such creditor offers or maintains accounts that are subject to a reasonably 

foreseeable risk of identity theft.

(f) Prohibition on Sale or Transfer of Debt Caused by Identity Theft

(1) In general. No person shall sell, transfer for consideration, or place 

for collection a debt that such person has been notified under section 

605B has resulted from identity theft.

(2) pplicability. The prohibitions of this subsection shall apply to all 

persons collecting a debt described in paragraph (1) after the date of 

a notification under paragraph (1).

(3) Rule of construction. Nothing in this subsection shall be construed to 

prohibit –

(A) the repurchase of a debt in any case in which the assignee of 

the debt requires such repurchase because the debt has resulted 

from identity theft;

(B) the securitization of a debt or the pledging of a portfolio of debt 

as collateral in connection with a borrowing; or

(C) the transfer of debt as a result of a merger, acquisition, purchase and assumption transaction, or transfer of substantially all 

of the assets of an entity.

(g) Debt collector communications concerning identity theft. If a person acting 

as a debt collector (as that term is defined in title VIII) on behalf of a third 

party that is a creditor or other user of a consumer report is notified that 

any information relating to a debt that the person is attempting to collect 

may be fraudulent or may be the result of identity theft, that person shall – 

(1) notify the third party that the information may be fraudulent or may 

be the result of identity theft; and

(2) upon request of the consumer to whom the debt purportedly relates, 

provide to the consumer all information to which the consumer would 

otherwise be entitled if the consumer were not a victim of identity 

theft, but wished to dispute the debt under provisions of law applicable to that person.
68

§ 615 - 15 U.S.C. § 1681m

(h) Duties of Users in Certain Credit Transactions

(1) In general. Subject to rules prescribed as provided in paragraph 

(6), if any person uses a consumer report in connection with an application for, or a grant, extension, or other provision of, credit on 

material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or 

through that person, based in whole or in part on a consumer report, 

the person shall provide an oral, written, or electronic notice to the 

consumer in the form and manner required by regulations prescribed 

in accordance with this subsection.

(2) Timing. The notice required under paragraph (1) may be provided at 

the time of an application for, or a grant, extension, or other provision of, credit or the time of communication of an approval of an application for, or grant, extension, or other provision of, credit, except 

as provided in the regulations prescribed under paragraph (6).

(3) Exceptions. No notice shall be required from a person under this 

subsection if –

(A) the consumer applied for specific material terms and was granted those terms, unless those terms were initially specified by 

the person after the transaction was initiated by the consumer 

and after the person obtained a consumer report; or

(B) the person has provided or will provide a notice to the consumer under subsection (a) in connection with the transaction.

(4) Other notice not sufficient. A person that is required to provide a notice under subsection (a) cannot meet that requirement by providing a 

notice under this subsection.

(5) Content and delivery of notice. A notice under this subsection shall, 

at a minimum – 

(A) include a statement informing the consumer that the terms 

offered to the consumer are set based on information from a 

consumer report;

(B) identify the consumer reporting agency furnishing the report;

(C) include a statement informing the consumer that the consumer 

may obtain a copy of a consumer report from that consumer 

reporting agency without charge; 

(D) include the contact information specified by that consumer reporting agency for obtaining such consumer reports (including a 

toll-free telephone number established by the agency in the case 
§ 615 - 15 U.S.C. § 1681m

69

of a consumer reporting agency described in section 603(p)); 

and

(E) include a statement informing the consumer of – 

(i) a numerical credit score as defined in section 609(f)(2)

(A), used by such person in making the credit decision 

described in paragraph (1) based in whole or in part on 

any information in a consumer report; and

(ii) the information set forth in subparagraphs (B) through (E) 

of section 609(f)(1).

See also 16 CFR Part 610

75 Fed. Reg. 2724 (01/15/10)

(6) Rulemaking

(A) Rules required. The Bureau shall prescribe rules to carry out 

this subsection.

(B) Content. Rules required by subparagraph (A) shall address, but 

are not limited to –

(i) the form, content, time, and manner of delivery of any 

notice under this subsection;

(ii) clarification of the meaning of terms used in this subsection, including what credit terms are material, and when 

credit terms are materially less favorable;

(iii) exceptions to the notice requirement under this subsection for classes of persons or transactions regarding which 

the agencies determine that notice would not significantly 

benefit consumers;

(iv) a model notice that may be used to comply with this subsection; and

(v) the timing of the notice required under paragraph (1), 

including the circumstances under which the notice must 

be provided after the terms offered to the consumer were 

set based on information from a consumer report.

(7) Compliance. A person shall not be liable for failure to perform the 

duties required by this section if, at the time of the failure, the person 

maintained reasonable policies and procedures to comply with this 

section.

(8) Enforcement
70

§ 616 - 15 U.S.C. § 1681n

(A) No civil actions. Sections 616 and 617 shall not apply to any 

failure by any person to comply with this section.

(B) Administrative enforcement. This section shall be enforced 

exclusively under section 621 by the Federal agencies and officials identified in that section.

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

(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that 

consumer in an amount equal to the sum of 

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

the failure or damages of not less than $100 and not more than 

$1,000; or

(B) in the case of liability of a natural person for obtaining a 

consumer report under false pretenses or knowingly without a 

permissible purpose, actual damages sustained by the consumer 

as a result of the failure or $1,000, whichever is greater;

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

(3) in the case of any successful action to enforce any liability under this 

section, the costs of the action together with reasonable attorney’s 

fees as determined by the court. 

(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or 

knowingly without a permissible purpose shall be liable to the consumer 

reporting agency for actual damages sustained by the consumer reporting 

agency or $1,000, whichever is greater.

(c) Attorney’s fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this 

section was filed in bad faith or for purposes of harassment, the court 

shall award to the prevailing party attorney’s fees reasonable in relation to 

the work expended in responding to the pleading, motion, or other paper.

(d) Clarification of willful noncompliance. For the purposes of this section, 

any person who printed an expiration date on any receipt provided to a 

consumer cardholder at a point of sale or transaction between December 

4, 2004, and the date of the enactment of this subsection but otherwise 

complied with the requirements of section 605(g) for such receipt shall not 

be in willful noncompliance with section 605(g) by reason of printing such 

expiration date on the receipt.
§ 620 - 15 U.S.C. § 1681r

71

§ 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; and

(2) in the case of any successful action to enforce any liability under this 

section, the costs of the action together with reasonable attorney’s 

fees as determined by the court. 

(b) Attorney’s fees. On a finding by the court that an unsuccessful pleading, 

motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall 

award to the prevailing party attorney’s fees reasonable in relation to the 

work expended in responding to the pleading, motion, or other paper.

§ 618. Jurisdiction of courts; limitation of actions 

[15 U.S.C. § 1681p]

An action to enforce any liability created under this title may be brought in 

any appropriate United States district court, without regard to the amount in 

controversy, or in any other court of competent jurisdiction, not later than the 

earlier of (1) 2 years after the date of discovery by the plaintiff of the violation 

that is the basis for such liability; or (2) 5 years after the date on which the 

violation that is the basis for such liability occurs.

§ 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. 
72

§ 621 - 15 U.S.C. § 1681s

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

(a) Enforcement by Federal Trade Commission. 

(1) In General. The Federal Trade Commission shall be authorized 

to enforce compliance with the requirements imposed by this title 

under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), 

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 any of subparagraphs (A) through 

(G) of subsection (b)(1), and subject to subtitle B of the Consumer 

Financial Protection Act of 2010, subsection (b). 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) of that Act with respect to any consumer reporting 

agency or person that is 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 

under 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 of such Act are part of this title.

(2) Penalties

(A) Knowing Violations. Except as otherwise provided by subtitle 

B of the Consumer Financial Protection Act of 2010, in the 

event of a knowing violation, which constitutes a pattern or 

practice of violations of this title, the Federal Trade Commission may commence a civil action to recover a civil penalty 

in a district court of the United States against any person that 
§ 621 - 15 U.S.C. § 1681s

73

violates this title. In such action, such person shall be liable for 

a civil penalty of not more than $2,500 per violation.9

(B) Determining Penalty Amount. In determining the amount of a 

civil penalty under subparagraph (A), the court shall take into account the degree of culpability, any history of such prior conduct, 

ability to pay, effect on ability to continue to do business, and 

such other matters as justice may require.

(C) Limitation. Notwithstanding paragraph (2), a court may not 

impose any civil penalty on a person for a violation of section 

623(a)(1), 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. 

(1) In General. Subject to subtitle B of the Consumer Financial Protection Act of 2010, 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 

section 615(d) shall be enforced under – 

(A) section 8 of the Federal Deposit Insurance Act (12 U.S.C. 

1818), by the appropriate Federal banking agency, as defined 

in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 

1813(q)), with respect to – 

(i) any national bank or State savings association, and any 

Federal branch or Federal agency of a foreign bank;

(ii) any member bank of the Federal Reserve System (other 

than a national bank), a branch or agency of a foreign 

bank (other than a Federal branch, Federal agency, or 

insured State branch of a foreign bank), a commercial 

lending company owned or controlled by a foreign bank, 

and any organization operating under section 25 or 25A of 

the Federal Reserve Act; and 

(iii) any bank or Federal savings association insured by the 

Federal Deposit Insurance Corporation (other than a mem9 Pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, the Federal Trade Commission 

increased the maximum civil penalty to $3,500 per violation. See 74 Fed. Reg. 857 (Jan. 9, 2009).
74

§ 621 - 15 U.S.C. § 1681s

ber of the Federal Reserve System) and any insured State 

branch of a foreign bank;

(B) 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;

(C) subtitle IV of title 49, United States Code, by the Secretary of 

Transportation, with respect to all carriers subject to the jurisdiction of the Surface Transportation Board;

(D) the Federal Aviation Act of 1958 (49 U.S.C. App. 1301 et 

seq.), by the Secretary of Transportation, with respect to any 

air carrier or foreign air carrier subject to that Act;

(E) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.) 

(except as provided in section 406 of that Act), by the Secretary 

of Agriculture, with respect to any activities subject to that Act;

(F) the Commodity Exchange Act, with respect to a person subject 

to the jurisdiction of the Commodity Futures Trading Commission; 

(G) the Federal securities laws, and any other laws that are subject 

to the jurisdiction of the Securities and Exchange Commission, 

with respect to a person that is subject to the jurisdiction of the 

Securities and Exchange Commission; and

(H) subtitle E of the Consumer Financial Protection Act of 2010, by 

the Bureau, with respect to any person subject to this title.

(2) Incorporated Definitions. 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)) have the same 

meanings as in section 1(b) of the International Banking Act of 1978 

(12 U.S.C. 3101).

(c) State Action for Violations 

(1) Authority of states. In addition to such other remedies as are provided under State law, if the chief law enforcement officer of a State, or 

an official or agency designated by a State, has reason to believe that 

any person has violated or is violating this title, the State – 

(A) may bring an action to enjoin such violation in any appropriate 

United States district court or in any other court of competent 

jurisdiction;

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

residents of the State to recover 
§ 621 - 15 U.S.C. § 1681s

75

(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 described in any of paragraphs 

(1) through (3) of section 623(c) [§ 1681s-2], damages for 

which the person would, but for section 623(c), 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 Bureau and the 

Federal Trade Commission or the appropriate Federal regulator determined under subsection (b) and provide the Bureau and the Federal 

Trade 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 Bureau and 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 

Bureau, the Federal Trade Commission, or the appropriate Federal 

regulator has instituted a civil action or an administrative action under section 8 of the Federal Deposit Insurance Act for a violation of 
76

§ 621 - 15 U.S.C. § 1681s

this title, no State may, during the pendency of such action, bring an 

action under this section against any defendant named in the complaint of the Bureau, the Federal Trade Commission, or the appropriate Federal regulator for any violation of this title that is alleged in 

that complaint.

(5) Limitations on State Actions for Certain Violations 

(A) Violation of injunction required. A State may not bring an action against a person under paragraph (1)(B) for a violation described in any of paragraphs (1) through (3) of section 623(c), 

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 described in any 

of paragraphs (1) through (3) of section 623(c), a State may not 

recover any damages incurred before the date of the violation 

of an injunction on which the action is based.

(d) Enforcement under other authority. For the purpose of the exercise by 

any agency referred to in subsection (b) of this section of its powers under 

any Act referred to in that subsection, a violation of any requirement 

imposed under this title shall be deemed to be a violation of a requirement 

imposed under that Act. In addition to its powers under any provision of 

law specifically referred to in subsection (b) of this section, each of the 

agencies referred to in that subsection may exercise, for the purpose of 

enforcing compliance with any requirement imposed under this title any 

other authority conferred on it by law. 

(e) Regulatory Authority

(1) In General. The Bureau shall prescribe such regulations as are 

necessary to carry out the purposes of this title, except with respect 

to sections 615(e) and 628. The Bureau may prescribe regulations 

as may be necessary or appropriate to administer and carry out the 

purposes and objectives of this title, and to prevent evasions thereof 

or to facilitate compliance therewith. Except as provided in section 

1029(a) of the Consumer Financial Protection Act of 2010, the regulations prescribed by the Bureau under this title shall apply to any 

person that is subject to this title, notwithstanding the enforcement 

authorities granted to other agencies under this section.
§ 621 - 15 U.S.C. § 1681s

77

(2) Deference. Notwithstanding any power granted to any Federal 

agency under this title, the deference that a court affords to a Federal 

agency with respect to a determination made by such agency relating 

to the meaning or interpretation of any provision of this title that is 

subject to the jurisdiction of such agency shall be applied as if that 

agency were the only agency authorized to apply, enforce, interpret, 

or administer the provisions of this title The regulations prescribed by 

the Bureau under this title shall apply to any person that is subject to 

this title, notwithstanding the enforcement authorities granted to other 

agencies under this section.

(f) Coordination of Consumer Complaint Investigations

(1) In general. Each consumer reporting agency described in section 

603(p) shall develop and maintain procedures for the referral to each 

other such agency of any consumer complaint received by the agency 

alleging identity theft, or requesting a fraud alert under section 605A 

or a block under section 605B.

(2) Model form and procedure for reporting identity theft. The Bureau, 

in consultation with the Federal Trade Commission, the Federal 

banking agencies, and the National Credit Union Administration, 

shall develop a model form and model procedures to be used by consumers who are victims of identity theft for contacting and informing 

creditors and consumer reporting agencies of the fraud.

See also 70 Fed.Reg. 21792 (04/27/05)

(3) Annual summary reports. Each consumer reporting agency described 

in section 603(p) shall submit an annual summary report to the Bureau on consumer complaints received by the agency on identity theft 

or fraud alerts.

(g) Bureau regulation of coding of trade names. If the Bureau determines 

that a person described in paragraph (9) of section 623(a) has not met the 

requirements of such paragraph, the Bureau shall take action to ensure 

the person’s compliance with such paragraph, which may include issuing model guidance or prescribing reasonable policies and procedures, as 

necessary to ensure that such person complies with such paragraph.
78

§ 623 - 15 U.S.C. § 1681s-2

§ 622. Information on overdue child support obligations 

[15 U.S.C. § 1681s-1] 

Notwithstanding any other provision of this title, a consumer reporting agency 

shall include in any consumer report furnished by the agency in accordance 

with section 604 [§ 1681b] of this title, any information on the failure of the 

consumer to pay overdue support which 

(1) is provided 

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

(B) to the consumer reporting agency and verified by any local, 

State, or Federal government agency; and

(2) antedates the report by 7 years or less. 

§ 623. Responsibilities of furnishers of information to consumer 

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

(a) Duty of Furnishers of Information to Provide Accurate Information 

(1) Prohibition

(A) Reporting information with actual knowledge of errors. A 

person shall not furnish any information relating to a consumer 

to any consumer reporting agency if the person knows or has 

reasonable cause to believe that the information is inaccurate.

(B) Reporting information after notice and confirmation of errors. 

A person shall not furnish information relating to a consumer to 

any consumer reporting agency if 

(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific 

information is inaccurate; and

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

(C) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred 

to in subparagraph (B) shall not be subject to subparagraph (A); 

however, nothing in subparagraph (B) shall require a person to 

specify such an address.

(D) Definition. For purposes of subparagraph (A), the term “reasonable cause to believe that the information is inaccurate” 

means having specific knowledge, other than solely allegations 
§ 623 - 15 U.S.C. § 1681s-2

79

by the consumer, that would cause a reasonable person to have 

substantial doubts about the accuracy of the information.

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

(A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the 

person’s transactions or experiences with any consumer; and

(B) has furnished to a consumer reporting agency information 

that the person determines is not complete or accurate, shall 

promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make 

the information provided by the person to the agency complete 

and accurate, and shall not thereafter furnish to the agency any 

of the information that remains not complete or accurate.

(3) Duty to provide notice of dispute. If the completeness or accuracy of 

any information furnished by any person to any consumer reporting 

agency is disputed to such person by a consumer, the person may not 

furnish the information to any consumer reporting agency without 

notice that such information is disputed by the consumer.

(4) Duty to provide notice of closed accounts. A person who regularly 

and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure 

of the account by the consumer, in information regularly furnished 

for the period in which the account is closed.

(5) Duty to Provide Notice of Delinquency of Accounts 

(A) In general. A person who furnishes information to a consumer 

reporting agency regarding a delinquent account being placed 

for collection, charged to profit or loss, or subjected to any 

similar action shall, not later than 90 days after furnishing the 

information, notify the agency of the date of delinquency on 

the account, which shall be the month and year of the commencement of the delinquency on the account that immediately 

preceded the action.

(B) Rule of construction. For purposes of this paragraph only, and 

provided that the consumer does not dispute the information, a 

person that furnishes information on a delinquent account that is 

placed for collection, charged for profit or loss, or subjected to 

any similar action, complies with this paragraph, if – 
80

§ 623 - 15 U.S.C. § 1681s-2

(i) the person reports the same date of delinquency as that 

provided by the creditor to which the account was owed at 

the time at which the commencement of the delinquency 

occurred, if the creditor previously reported that date of 

delinquency to a consumer reporting agency;

(ii) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person 

establishes and follows reasonable procedures to obtain 

the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting 

agency as the date of delinquency; or

(iii) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of 

delinquency cannot be reasonably obtained as provided in 

clause (ii), the person establishes and follows reasonable 

procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed 

for collection, charged to profit or loss, or subjected to 

any similar action, and reports such date to the credit 

reporting agency.

(6) Duties of Furnishers Upon Notice of Identity Theft-Related Information

(A) Reasonable procedures. A person that furnishes information to 

any consumer reporting agency shall have in place reasonable 

procedures to respond to any notification that it receives from 

a consumer reporting agency under section 605B relating to 

information resulting from identity theft, to prevent that person 

from refurnishing such blocked information.

(B) Information alleged to result from identity theft. If a consumer 

submits an identity theft report to a person who furnishes information to a consumer reporting agency at the address specified 

by that person for receiving such reports stating that information maintained by such person that purports to relate to the 

consumer resulted from identity theft, the person may not furnish such information that purports to relate to the consumer to 

any consumer reporting agency, unless the person subsequently 

knows or is informed by the consumer that the information is 

correct.
§ 623 - 15 U.S.C. § 1681s-2

81

(7) Negative Information

(A) Notice to Consumer Required

(i) In general. If any financial institution that extends credit 

and regularly and in the ordinary course of business 

furnishes information to a consumer reporting agency 

described in section 603(p) furnishes negative information to such an agency regarding credit extended to a 

customer, the financial institution shall provide a notice of 

such furnishing of negative information, in writing, to the 

customer.

(ii) Notice effective for subsequent submissions. After providing such notice, the financial institution may submit 

additional negative information to a consumer reporting 

agency described in section 603(p) with respect to the 

same transaction, extension of credit, account, or customer without providing additional notice to the customer.

(B) Time of Notice

(i) In general. The notice required under subparagraph (A) 

shall be provided to the customer prior to, or no later than 

30 days after, furnishing the negative information to a 

consumer reporting agency described in section 603(p).

(ii) Coordination with new account disclosures. If the notice 

is provided to the customer prior to furnishing the negative information to a consumer reporting agency, the notice may not be included in the initial disclosures provided 

under section 127(a) of the Truth in Lending Act. 

(C) Coordination with other disclosures. The notice required under 

subparagraph (A) – 

(i) may be included on or with any notice of default, any 

billing statement, or any other materials provided to the 

customer; and

(ii) must be clear and conspicuous.

See also 12 CFR Part 222, App B

70 Fed. Reg. 33281 (06/15/04)

(D) Model Disclosure

(i) Duty of Bureau. The Bureau shall prescribe a brief model 

disclosure that a financial institution may use to comply 

with subparagraph (A), which shall not exceed 30 words.
82

§ 623 - 15 U.S.C. § 1681s-2

(ii) Use of model not required. No provision of this paragraph may be construed to require a financial institution to 

use any such model form prescribed by the Bureau.

(iii) Compliance using model. A financial institution shall be 

deemed to be in compliance with subparagraph (A) if the 

financial institution uses any model form prescribed by the 

Bureau under this subparagraph, or the financial institution uses any such model form and rearranges its format.

(E) Use of notice without submitting negative information. No 

provision of this paragraph shall be construed as requiring a 

financial institution that has provided a customer with a notice 

described in subparagraph (A) to furnish negative information 

about the customer to a consumer reporting agency.

(F) Safe harbor. A financial institution shall not be liable for failure to perform the duties required by this paragraph if, at the 

time of the failure, the financial institution maintained reasonable policies and procedures to comply with this paragraph or 

the financial institution reasonably believed that the institution 

is prohibited, by law, from contacting the consumer.

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

(i) The term “negative information” means information 

concerning a customer’s delinquencies, late payments, 

insolvency, or any form of default.

(ii) The terms “customer” and “financial institution” have the 

same meanings as in section 509 Public Law 106-102.

(8) Ability of Consumer to Dispute Information Directly with Furnisher

See also 16 CFR Part 660.4

74 Fed. Reg. 31484 (07/01/09)

(A) In general. The Bureau, in consultation with the Federal Trade 

Commission, the Federal banking agencies, and the National 

Credit Union Administration, shall prescribe regulations that 

shall identify the circumstances under which a furnisher shall 

be required to reinvestigate a dispute concerning the accuracy 

of information contained in a consumer report on the consumer, 

based on a direct request of a consumer.

(B) Considerations. In prescribing regulations under subparagraph 

(A), the agencies shall weigh – 
§ 623 - 15 U.S.C. § 1681s-2

83

(i) the benefits to consumers with the costs on furnishers and 

the credit reporting system;

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

(iii) whether direct contact by the consumer with the furnisher 

would likely result in the most expeditious resolution of 

any such dispute; and

(iv) the potential impact on the credit reporting process if 

credit repair organizations, as defined in section 403(3) 

[15 U.S.C. §1679a(3)], including entities that would be a 

credit repair organization, but for section 403(3)(B)(i), are 

able to circumvent the prohibition in subparagraph (G).

(C) Applicability. Subparagraphs (D) through (G) shall apply in 

any circumstance identified under the regulations promulgated 

under subparagraph (A).

(D) Submitting a notice of dispute. A consumer who seeks to dispute the accuracy of information shall provide a dispute notice 

directly to such person at the address specified by the person 

for such notices that – 

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

(ii) explains the basis for the dispute; and

(iii) includes all supporting documentation required by the 

furnisher to substantiate the basis of the dispute.

(E) Duty of person after receiving notice of dispute. After receiving 

a notice of dispute from a consumer pursuant to subparagraph 

(D), the person that provided the information in dispute to a 

consumer reporting agency shall –

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

(ii) review all relevant information provided by the consumer 

with the notice;

(iii) complete such person’s investigation of the dispute and report the results of the investigation to the consumer before 

the expiration of the period under section 611(a)(1) within 

which a consumer reporting agency would be required to 

complete its action if the consumer had elected to dispute 

the information under that section; and
84

§ 623 - 15 U.S.C. § 1681s-2

(iv) if the investigation finds that the information reported was 

inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any 

correction to that information that is necessary to make the 

information provided by the person accurate.

(F) Frivolous or Irrelevant Dispute

(i) In general. This paragraph shall not apply if the person 

receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, 

including – 

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

(II) the submission by a consumer of a dispute that is 

substantially the same as a dispute previously submitted by or for the consumer, either directly to the 

person or through a consumer reporting agency under 

subsection (b), with respect to which the person has 

already performed the person’s duties under this paragraph or subsection (b), as applicable.

(ii) Notice of determination. Upon making any determination 

under clause (i) that a dispute is frivolous or irrelevant, 

the person shall notify the consumer of such determination 

not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that 

purpose, by any other means available to the person.

(iii) Contents of notice. A notice under clause (ii) shall include--

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

(II) identification of any information required to investigate the disputed information, which may consist of 

a standardized form describing the general nature of 

such information.

(G) Exclusion of credit repair organizations. This paragraph shall 

not apply if the notice of the dispute is submitted by, is prepared on behalf of the consumer by, or is submitted on a form 

supplied to the consumer by, a credit repair organization, as 
§ 623 - 15 U.S.C. § 1681s-2

85

defined in section 403(3), or an entity that would be a credit 

repair organization, but for section 403(3)(B)(i).

(9) Duty to provide notice of status as medical information furnisher. A 

person whose primary business is providing medical services, products, or devices, or the person’s agent or assignee, who furnishes 

information to a consumer reporting agency on a consumer shall be 

considered a medical information furnisher for purposes of this title, 

and shall notify the agency of such status.

(b) Duties of Furnishers of Information upon Notice of Dispute 

(1) In general. After receiving notice pursuant to section 611(a)(2) 

[§ 1681i] of a dispute with regard to the completeness or accuracy 

of any information provided by a person to a consumer reporting 

agency, the person shall 

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

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

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

agency; 

(D) if the investigation finds that the information is incomplete or 

inaccurate, report those results to all other consumer reporting 

agencies to which the person furnished the information and that 

compile and maintain files on consumers on a nationwide basis; 

and

(E) if an item of information disputed by a consumer is found to be 

inaccurate or incomplete or cannot be verified after any reinvestigation under paragraph (1), for purposes of reporting to a 

consumer reporting agency only, as appropriate, based on the 

results of the reinvestigation promptly–

(i) modify that item of information;

(ii) delete that item of information; or

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

(2) Deadline. A person shall complete all investigations, reviews, and 

reports required under paragraph (1) regarding information provided 

by the person to a consumer reporting agency, before the expiration of the period under section 611(a)(1) [§ 1681i] within which the 
86

§ 623 - 15 U.S.C. § 1681s-2

consumer reporting agency is required to complete actions required 

by that section regarding that information.

(c) Limitation on liability. Except as provided in section 621(c)(1)(B), sections 616 and 617 do not apply to any violation of – 

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

(2) subsection (e) of this section, except that nothing in this paragraph 

shall limit, expand, or otherwise affect liability under section 616 or 

617, as applicable, for violations of subsection (b) of this section; or

(3) subsection (e) of section 615.

(d) Limitation on enforcement. The provisions of law described in paragraphs 

(1) through (3) of subsection (c) (other than with respect to the exception 

described in paragraph (2) of subsection (c)) shall be enforced exclusively 

as provided under section 621 by the Federal agencies and officials and 

the State officials identified in section 621.

(e) Accuracy Guidelines and Regulations Required

See also 16 CFR Part 660

74 Fed. Reg. 31484 (07/01/09)

(1) Guidelines. The Bureau shall, with respect to persons or entities that 

are subject to the enforcement authority of the Bureau under section 

621 – 

(A) establish and maintain guidelines for use by each person that 

furnishes information to a consumer reporting agency regarding 

the accuracy and integrity of the information relating to consumers that such entities furnish to consumer reporting agencies, and update such guidelines as often as necessary; and

(B) prescribe regulations requiring each person that furnishes information to a consumer reporting agency to establish reasonable 

policies and procedures for implementing the guidelines established pursuant to subparagraph (A).

(2) Criteria. In developing the guidelines required by paragraph (1)(A), 

the Bureau shall – 

(A) identify patterns, practices, and specific forms of activity that 

can compromise the accuracy and integrity of information furnished to consumer reporting agencies;
§ 624 - 15 U.S.C. § 1681s-3

87

(B) review the methods (including technological means) used to 

furnish information relating to consumers to consumer reporting agencies;

(C) determine whether persons that furnish information to consumer 

reporting agencies maintain and enforce policies to ensure the 

accuracy and integrity of information furnished to consumer 

reporting agencies; and

(D) examine the policies and processes that persons that furnish 

information to consumer reporting agencies employ to conduct 

re investigations and correct inaccurate information relating to 

consumers that has been furnished to consumer reporting agencies.

See also 16 CFR Parts 680, 698 Appx C

74 Fed. Reg. 22639-40 (05/14/09)

72 Fed. Reg. 61455-64 (10/30/07)

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

(a) Special Rule for Solicitation for Purposes of Marketing 

(1) Notice. Any person that receives from another person related to it by 

common ownership or affiliated by corporate control a communication of information that would be a consumer report, but for clauses 

(i), (ii), and (iii) of section 603(d)(2)(A), may not use the information 

to make a solicitation for marketing purposes to a consumer about its 

products or services, unless--

(A) it is clearly and conspicuously disclosed to the consumer that 

the information may be communicated among such persons for 

purposes of making such solicitations to the consumer; and

(B) the consumer is provided an opportunity and a simple method 

to prohibit the making of such solicitations to the consumer by 

such person.

(2) Consumer Choice

(A) In general. The notice required under paragraph (1) shall allow the consumer the opportunity to prohibit all solicitations 

referred to in such paragraph, and may allow the consumer 

to choose from different options when electing to prohibit the 

sending of such solicitations, including options regarding the 

types of entities and information covered, and which methods 

of delivering solicitations the consumer elects to prohibit.
88

§ 624 - 15 U.S.C. § 1681s-3

(B) Format. Notwithstanding subparagraph (A), the notice required under paragraph (1) shall be clear, conspicuous, and 

concise, and any method provided under paragraph (1)(B) shall 

be simple. The regulations prescribed to implement this section 

shall provide specific guidance regarding how to comply with 

such standards.

(3) Duration

(A) In general. The election of a consumer pursuant to paragraph 

(1)(B) to prohibit the making of solicitations shall be effective 

for at least 5 years, beginning on the date on which the person 

receives the election of the consumer, unless the consumer 

requests that such election be revoked.

(B) Notice upon expiration of effective period. At such time as the 

election of a consumer pursuant to paragraph (1)(B) is no longer effective, a person may not use information that the person 

receives in the manner described in para-graph (1) to make any 

solicitation for marketing purposes to the consumer, unless the 

consumer receives a notice and an opportunity, using a simple 

method, to extend the opt-out for another period of at least 5 

years, pursuant to the procedures described in paragraph (1).

(4) Scope. This section shall not apply to a person –

(A) using information to make a solicitation for marketing purposes 

to a consumer with whom the person has a pre-existing business 

relationship;

(B) using information to facilitate communications to an individual 

for whose benefit the person provides employee benefit or other 

services pursuant to a contract with an employer related to and 

arising out of the current employment relationship or status of 

the individual as a participant or beneficiary of an employee 

benefit plan;

(C) using information to perform services on behalf of another 

person related by common ownership or affiliated by corporate 

control, except that this subparagraph shall not be construed as 

permitting a person to send solicitations on behalf of another 

person, if such other person would not be permitted to send the 

solicitation on its own behalf as a result of the election of the 

consumer to prohibit solicitations under paragraph (1)(B);

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

the consumer;
§ 624 - 15 U.S.C. § 1681s-3

89

(E) using information in response to solicitations authorized or 

requested by the consumer; or

(F) if compliance with this section by that person would prevent 

compliance by that person with any provision of State insurance 

laws pertaining to unfair discrimination in any State in which 

the person is lawfully doing business.

(5) No retroactivity. This subsection shall not prohibit the use of information to send a solicitation to a consumer if such information was 

received prior to the date on which persons are required to comply 

with regulations implementing this subsection.

(b) Notice for other purposes permissible. A notice or other disclosure under 

this section may be coordinated and consolidated with any other notice 

required to be issued under any other provision of law by a person that is 

subject to this section, and a notice or other disclosure that is equivalent to 

the notice required by subsection (a), and that is provided by a person described in subsection (a) to a consumer together with disclosures required 

by any other provision of law, shall satisfy the requirements of subsection 

(a).

(c) User requirements. Requirements with respect to the use by a person of 

information received from another person related to it by common ownership or affiliated by corporate control, such as the requirements of this 

section, constitute requirements with respect to the exchange of information among persons affiliated by common ownership or common corporate 

control, within the meaning of section 625(b)(2).

(d) Definitions. For purposes of this section, the following definitions shall 

apply:

(1) The term “pre-existing business relationship” means a relationship 

between a person, or a person’s licensed agent, and a consumer, 

based on–

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

in force;

(B) the purchase, rental, or lease by the consumer of that person’s 

goods or services, or a financial transaction (including holding an active account or a policy in force or having another 

continuing relationship) between the consumer and that person 

during the 18-month period immediately preceding the date on 

which the consumer is sent a solicitation covered by this section;
90

§ 625 - 15 U.S.C. § 1681t

(C) an inquiry or application by the consumer regarding a product 

or service offered by that person, during the 3-month period 

immediately preceding the date on which the consumer is sent a 

solicitation covered by this section; or

(D) any other pre-existing customer relationship defined in the 

regulations implementing this section.

(2) The term “solicitation” means the marketing of a product or service 

initiated by a person to a particular consumer that is based on an 

exchange of information described in subsection (a), and is intended 

to encourage the consumer to purchase such product or service, but 

does not include communications that are directed at the general public or determined not to be a solicitation by the regulations prescribed 

under this section.

§ 625. 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, or for the 

prevention or mitigation of identity theft, except to the extent that those 

laws are inconsistent with any provision of this title, and then only to the 

extent of the inconsistency. 

(b) General exceptions. No requirement or prohibition may be imposed under 

the laws of any State 

(1) with respect to any subject matter regulated under 

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

prescreening of consumer reports;

(B) section 611 [§ 1681i], relating to the time by which a consumer 

reporting agency must take any action, including the provision 

of notification to a consumer or other person, in any procedure 

related to the disputed accuracy of information in a consumer’s 

file, except that this subparagraph shall not apply to any State 

law in effect on the date of enactment of the Consumer Credit 

Reporting Reform Act of 1996;

(C) subsections (a) and (b) of section 615 [§ 1681m], relating to the 

duties of a person who takes any adverse action with respect to 

a consumer;

(D) section 615(d) [§ 1681m], relating to the duties of persons who 

use a consumer report of a consumer in connection with any 
§ 625 - 15 U.S.C. § 1681t

91

credit or insurance transaction that is not initiated by the consumer and that consists of a firm offer of credit or insurance;

(E) section 605 [§ 1681c], relating to information contained in 

consumer reports, except that this subparagraph shall not apply 

to any State law in effect on the date of enactment of the Consumer Credit Reporting Reform Act of 1996; 

(F) section 623 [§ 1681s-2], relating to the responsibilities of persons who furnish information to consumer reporting agencies, 

except that this paragraph shall not apply 

(i) with respect to section 54A(a) of chapter 93 of the Massachusetts Annotated Laws (as in effect on the date of 

enactment of the Consumer Credit Reporting Reform Act 

of 1996); or

(ii) with respect to section 1785.25(a) of the California Civil 

Code (as in effect on the date of enactment of the Consumer Credit Reporting Reform Act of 1996);

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

(H) section 624, relating to the exchange and use of information to 

make a solicitation for marketing purposes; or 

(I) section 615(h), relating to the duties of users of consumer 

reports to provide notice with respect to terms in certain credit 

transactions;

(2) with respect to the exchange of information among persons affiliated 

by common ownership or common corporate control, except that this 

paragraph shall not apply with respect to subsection (a) or (c)(1) of 

section 2480e of title 9, Vermont Statutes Annotated (as in effect on 

the date of enactment of the Consumer Credit Reporting Reform Act 

of 1996); 

(3) with respect to the disclosures required to be made under subsection 

(c), (d), (e), or (g) of section 609, or subsection (f) of section 609 

relating to the disclosure of credit scores for credit granting purposes, 

except that this paragraph – 

(A) shall not apply with respect to sections 1785.10, 1785.16, and 

1785.20.2 of the California Civil Code (as in effect on the date 

of enactment of the Fair and Accurate Credit Transactions Act 
92

§ 625 - 15 U.S.C. § 1681t

of 2003) and section 1785.15 through section 1785.15.2 of such 

Code (as in effect on such date);

(B) shall not apply with respect to sections 5-3-106(2) and 212-

14.3-104.3 of the Colorado Revised Statutes (as in effect on the 

date of enactment of the Fair and Accurate Credit Transactions 

Act of 2003); and

(C) shall not be construed as limiting, annulling, affecting, or superseding any provision of the laws of any State regulating the 

use in an insurance activity, or regulating disclosures concerning such use, of a credit-based insurance score of a consumer 

by any person engaged in the business of insurance;

(4) with respect to the frequency of any disclosure under section 612(a), 

except that this paragraph shall not apply –

(A) with respect to section 12-14.3-105(1)(d) of the Colorado Revised Statutes (as in effect on the date of enactment of the Fair 

and Accurate Credit Transactions Act of 2003);

(B) with respect to section 10-1-393(29)(C) of the Georgia Code 

(as in effect on the date of enactment of the Fair and Accurate 

Credit Transactions Act of 2003);

(C) with respect to section 1316.2 of title 10 of the Maine Revised 

Statutes (as in effect on the date of enactment of the Fair and 

Accurate Credit Transactions Act of 2003);

(D) with respect to sections 14-1209(a)(1) and 14-1209(b)(1)(i) of 

the Commercial Law Article of the Code of Maryland (as in 

effect on the date of enactment of the Fair and Accurate Credit 

Transactions Act of 2003);

(E) with respect to section 59(d) and section 59(e) of chapter 93 of 

the General Laws of Massachusetts (as in effect on the date of 

enactment of the Fair and Accurate Credit Transactions Act of 

2003);

(F) with respect to section 56:11-37.10(a)(1) of the New Jersey Revised Statutes (as in effect on the date of enactment of the Fair 

and Accurate Credit Transactions Act of 2003); or 

(G) with respect to section 2480c(a)(1) of title 9 of the Vermont 

Statutes Annotated (as in effect on the date of enactment of the 

Fair and Accurate Credit Transactions Act of 2003); or

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

(A) section 605(g);
§ 626 - 15 U.S.C. § 1681u

93

(B) section 605A;

(C) section 605B;

(D) section 609(a)(1)(A);

(E) section 612(a);

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

(G) section 621(f);

(H) section 623(a)(6); or

(I) section 628.

 (c) Definition of firm offer of credit or insurance. Notwithstanding any definition of the term “firm offer of credit or insurance” (or any equivalent 

term) under the laws of any State, the definition of that term contained in 

section 603(l) [§ 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) 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.

§ 626. 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.
94

§ 626 - 15 U.S.C. § 1681u

(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

(1) If the Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau 

headquarters or a Special Agent in Charge in a Bureau field office 

designated by the Director, certifies that otherwise there may result a 

danger to the national security of the United States, interference with 

a criminal, counterterrorism, or counterintelligence investigation, 

interference with diplomatic relations, or danger to the life or physical safety of any person, no consumer reporting agency or officer, 

employee, or agent of a consumer reporting agency shall disclose to 
§ 626 - 15 U.S.C. § 1681u

95

any person (other than those to whom such disclosure is necessary 

to comply with the request or an attorney to obtain legal advice or 

legal assistance with respect to the request) 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 on a consumer report.

(2) The request shall notify the person or entity to whom the request is 

directed of the nondisclosure requirement under paragraph (1).

(3) Any recipient disclosing to those persons necessary to comply with 

the request or to an attorney to obtain legal advice or legal assistance 

with respect to the request shall inform such persons of any applicable nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on 

disclosure under paragraph (1).

(4) At the request of the Director of the Federal Bureau of Investigation 

or the designee of the Director, any person making or intending to 

make a disclosure under this section shall identify to the Director or 

such designee the person to whom such disclosure will be made or 

to whom such disclosure was made prior to the request, except that 

nothing in this section shall require a person to inform the Director 

or such designee of the identity of an attorney to whom disclosure 

was made or will be made to obtain legal advice or legal assistance 

with respect to the request for the identity of financial institutions or 

a consumer report respecting any consumer under this section.

(e) Payment of fees. The Federal Bureau of Investigation shall, subject to 

the availability of appropriations, pay to the consumer reporting agency 

assembling or providing report or information in accordance with procedures established under this section a fee for reimbursement for such 

costs as are reasonably necessary and which have been directly incurred in 

searching, reproducing, or transporting books, papers, records, or other 

data required or requested to be produced under this section.

(f) Limit on dissemination. The Federal Bureau of Investigation may not 

disseminate information obtained pursuant to this section outside of the 

Federal Bureau of Investigation, except to other Federal agencies as may 

be necessary for the approval or conduct of a foreign counterintelligence 

investigation, or, where the information concerns a person subject to the 
96

§ 626 - 15 U.S.C. § 1681u

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

 (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 
§ 627 - 15 U.S.C. §1681v

97

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. 

§ 627. 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).
98

§  628 - 15 U.S.C. §1681w

(d) Rule of construction. Nothing in section 626 shall be construed to limit 

the authority of the Director of the Federal Bureau of Investigation under 

this section.

(e) Safe harbor. Notwithstanding any other provision of this title, any 

consumer reporting agency or agent or employee thereof making disclosure of consumer reports or other information pursuant to this section in 

good-faith reliance upon a certification of a government agency pursuant 

to the provisions of this section shall not be liable to any person for such 

disclosure under this subchapter, the constitution of any State, or any law 

or regulation of any State or any political subdivision of any State.

(f) Reports to Congress

(1) On a semi-annual basis, the Attorney General shall fully inform the 

Committee on the Judiciary, the Committee on Financial Services, 

and the Permanent Select Committee on Intelligence of the House of 

Representatives and the Committee on the Judiciary, the Committee 

on Banking, Housing, and Urban Affairs, and the Select Committee 

on Intelligence of the Senate concerning all requests made pursuant to 

subsection (a) 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.

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

See also 16 CFR Part 682

69 Fed. Reg. 68690 (11/24/04)

(a) Regulations

(1) In general. The Federal Trade Commission, the Securities and Exchange Commission, the Commodity Futures Trading Commission, 

the Federal banking agencies, and the National Credit Union Administration, with respect to the entities that are subject to their respective enforcement authority under section 621, and in coordination as 

described in paragraph (2), shall issue final regulations requiring any 

person that maintains or otherwise possesses consumer information, 

or any compilation of consumer information, derived from consumer 

reports for a business purpose to properly dispose of any such information or compilation.
§  629 - 15 U.S.C. §1681x

99

(2) Coordination. Each agency required to prescribe regulations under 

paragraph (1) shall – 

(A) consult and coordinate with each other such agency so that, 

to the extent possible, the regulations prescribed by each such 

agency are consistent and comparable with the regulations by 

each such other agency; and

(B) ensure that such regulations are consistent with the requirements and regulations issued pursuant to Public Law 106-102 

and other provisions of Federal law.

(3) Exemption authority. In issuing regulations under this section, the 

agencies identified in paragraph (1) may exempt any person or class 

of persons from application of those regulations, as such agency 

deems appropriate to carry out the purpose of this section.

(b) Rule of construction. Nothing in this section shall be construed – 

(1) to require a person to maintain or destroy any record pertaining to a 

consumer that is not imposed under other law; or

(2) to alter or affect any requirement imposed under any other provision 

of law to maintain or destroy such a record.

§ 629. Corporate and technological circumvention prohibited 

[15 U.S.C. § 1681x]

The Bureau shall prescribe regulations, to become effective not later than 90 

days after the date of enactment of this section, to prevent a consumer reporting 

agency from circumventing or evading treatment as a consumer reporting 

agency described in section 603(p) for purposes of this title, including--

(1) by means of a corporate reorganization or restructuring, including a 

merger, acquisition, dissolution, divestiture, or asset sale of a consumer reporting agency; or

(2) by maintaining or merging public record and credit account information in a manner that is substantially equivalent to that described in 

paragraphs (1) and (2) of section 603(p), in the manner described in 

section 603(p).

See also 16 CFR Part 611

69 Fed. Reg. 8531 (02/24/04)

69 Fed. Reg. 29061 (05/20/04)