who is not an employee at the time such report is
procured or caused to be procured unless—
‘‘(A) a clear and conspicuous disclosure
has been made in writing to the consumer be-
fore the report is procured or caused to be pro-
cured that a consumer report may be obtained
for purposes of considering the consumer for
employment; and
‘‘(B) the consumer authorizes in writing
the procurement of the report.
‘‘(3) DISCLOSURES TO EXISTING EMPLOYEES.—
‘‘(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 re-
spect to any employee unless the employee has
received, at any time after becoming an em-
ployee and before the report is procured, a writ-
ten disclosure that consumer reports may be
used for employment purposes.
‘‘(B) WRITTEN MATERIAL CONSTITUTING
DISCLOSURE.—A 
written 
statement 
that
consumer reports may be used for employment
purposes which is contained in employee guide-
lines or manuals available to employees or in-
cluded in written materials provided to employ-
ees shall constitute a written disclosure for pur-
poses of subparagraph (A).
‘‘(4) CONDITIONS ON USE FOR ADVERSE AC-
TIONS.—In using a consumer report for employment
purposes, before taking any adverse action based in
whole or in part on the report a person shall provide
to the consumer to whom the report relates—
‘‘(A) a copy of the report;
‘‘(B) a description of the consumer’s rights
under this title, as prescribed by the Federal
Trade Commission under section 609(c)(3); and
‘‘(C) a reasonable opportunity to respond
to any information in the report that is dis-
puted by the consumer.’’.
SEC. 104. AMENDMENTS RELATING TO PRESCREENING OF
CONSUMER REPORTS; PROHIBITION ON UN-
AUTHORIZED OR UNCERTIFIED USE OF IN-
FORMATION.
(a) IN GENERAL.—Section 604 of the Fair Credit
Reporting Act (15 U.S.C. 1681b), as amended by section
103, is further amended—
(1) in subsection (a) by striking ‘‘A consumer
reporting agency’’ and inserting ‘‘Subject to sub-
section (c), any consumer reporting agency’’; and
(2) by adding after subsection (b) (as added by
section 103(b)) the following new subsections:
‘‘(c) FURNISHING REPORTS IN CONNECTION WITH
CREDIT
TRANSACTIONS
NOT
INITIATED
BY
THE
CONSUMER.—
‘‘(1) IN
GENERAL.—A consumer reporting
agency may furnish a consumer report relating to
any consumer pursuant to subsection (a)(3)(A) in
connection with any credit transaction which 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;
‘‘(ii) the consumer reporting agency has
complied with subsection (d); and
‘‘(iii) the consumer has not elected in ac-
cordance with subsection (d)(1) to have the con-
sumer’s name and address excluded from lists
of names provided by the agency pursuant to
this paragraph.
‘‘(2) 
LIMITS
ON
INFORMATION
RECEIVED
UNDER PARAGRAPH (1)(B).—A person may receive
pursuant to paragraph (1)(B) only—
‘‘(A) the name and address of a consumer;
and
‘‘(B) information pertaining to a consumer
that is not identified or identifiable with the
consumer.
‘‘(3) INFORMATION
REGARDING
INQUIRIES.—
Except as provided in section 609(a)(4), a consumer
reporting agency shall not furnish to any person a
record of inquiries solely resulting from credit trans-
actions which are not initiated by a consumer.
‘‘(d) ELECTION OF CONSUMER TO BE EXCLUDED
FROM LISTS.—
‘‘(1) IN GENERAL.—A consumer may elect to
have his or her name and address excluded from any
list provided by a consumer reporting agency in con-
nection with a transaction which is not initiated by
the consumer and which is a credit or direct market-
ing transaction, by—
‘‘(A) notifying the agency, through the no-
tification system maintained by the agency
under paragraph (3), that the consumer does
not consent to any use of consumer reports re-
lating to the consumer in connection with any
transaction which is not initiated by the
consumer; and
‘‘(B) returning to the agency a signed
written notice of the election, if provided by the
agency in accordance with paragraph (2).
‘‘(2) PROVISION
OF
WRITTEN
NOTICE
TO
CONSUMER.—A consumer reporting agency shall
provide to a consumer a written notice for purposes
of paragraph (1)(B), by not later than 5 business
days after being notified of the election of the
consumer in accordance with paragraph (1)(A).
‘‘(3) NOTIFICATION SYSTEM.—Each consumer
reporting agency which furnishes a consumer report
in connection with any transaction which is not initi-
ated by a consumer and which is a credit or direct
marketing transaction, shall—
‘‘(A) 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 list of
names and addresses provided by the agency for
such a transaction; and
‘‘(B) publish by not later than 12 months
after the date of the enactment of the
Consumer Reporting Reform Act of 1992, and
at least 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 trans-
actions; and
‘‘(ii) the address and toll-free tele-
phone number for consumers to use to no-
tify the agency of the consumer’s election
under subparagraph (A).
Establishment and maintenance of a notification
system and publication by a consumer reporting
agency in accordance with this paragraph is deemed
to be compliance with this paragraph by each affili-
ate of the agency.
‘‘(4) AGENCIES
WHICH
OPERATE
NATION-
WIDE.—Each consumer reporting agency which com-
piles and maintains files on consumers on a nation-
wide basis shall establish and maintain a notification
system for purposes of paragraph (3) jointly with
other such consumer reporting agencies.
‘‘(5) EFFECTIVENESS OF ELECTION.—An elec-
tion of a consumer under paragraph (1)—
‘‘(A) shall be effective with respect to a
consumer reporting agency beginning on the
later of—
‘‘(i) the date on which the consumer
notifies the agency in accordance with
paragraph (1)(A); or
‘‘(ii) the date on which the consumer
returns to the agency a signed written no-
tification of the election in accordance with
paragraph (1)(B), if provided by the agen-
cy; and
‘‘(B) shall not be effective after the earlier
of—
‘‘(i) the date which is 2 years after
that effective date; or
‘‘(ii) the date on which the consumer
notifies the agency (through the system es-
tablished by the agency under paragraph
(3)) that the election is no longer effective;
and
‘‘(C) shall be effective with respect to each
affiliate of the agency.’’.
(b) FURNISHING CONSUMER REPORTS FOR DIRECT
MARKETING TRANSACTIONS.—Section 604 of the Fair
Credit Reporting Act (15 U.S.C. 1681b) is further amend-
ed by adding after subsection (d) (as added by subsection
(a) of this section) the following new subsection:
‘‘(e) FURNISHING CONSUMER REPORTS FOR DIRECT
MARKETING
TRANSACTIONS
NOT
INITIATED
BY
CONSUMER.—
‘‘(1) FURNISHING
REPORTS
PROHIBITED.—A
consumer reporting agency may not furnish a
consumer report for use for a direct marketing
transaction that is not initiated by the consumer to
whom the report relates, if—
‘‘(A) the consumer notifies the agency that
the consumer does not consent to that use;
‘‘(B) the report includes any information
other than the name and address of the
consumer; or
‘‘(C) the furnishing of the consumer report
bears on the status of any account of the
consumer, because of the criteria used to decide
to furnish the report.
‘‘(2) NOTIFICATION.—A consumer may notify a
consumer reporting agency for purposes of para-
graph (1)(A) by notifying the joint notification sys-
tem established under subsection (d)(4).’’.
(c) USE
OF INFORMATION OBTAINED FROM RE-
PORTS.—Section 604 of the Fair Credit Reporting Act (15
U.S.C. 1681b) is further amended by adding after sub-
section (e) (as added by subsection (b) of this section) the
following new subsection:
‘‘(f) CERTAIN USE OR OBTAINING OF INFORMATION
PROHIBITED.—A person shall not use or obtain informa-
tion from a consumer report for any purpose unless—
‘‘(1) it is obtained for a purpose for which the
consumer report is authorized to be furnished under
subsection (a); and
‘‘(2) the purpose is certified in accordance with
section 607 by a prospective user of the report.’’.
(d) FIRST
NOTIFICATIONS
BY
CONSUMERS.—A
consumer may notify a consumer reporting agency
through a notification system established and maintained
by the agency under section 604(d) of the Fair Credit Re-
porting Act, as amended by subsection (a), on or after
the date which is 455 days after the date of the enactment
of this Act.
SEC. 105. AMENDMENTS RELATING TO OBSOLETE INFOR-
MATION AND INFORMATION CONTAINED IN
CONSUMER REPORTS.
(a) OBSOLETE INFORMATION.—Section 605(a) of the
Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amend-
ed—
(1) by striking ‘‘(a) Except as authorized’’ and
inserting ‘‘(a) OBSOLETE INFORMATION.—Except as
authorized’’;
(2) by adding at the end the following:
‘‘(7) OTHER ACCOUNTS INFORMATION.—Infor-
mation regarding an account of a consumer with a
person, whether obtained from the person or any
other source (including public record information),
that relates to a payment which—
‘‘(A) was not more than 30 days overdue
on the date of payment and was made more
than 3 years before the date of the making of
the report;
‘‘(B) was more than 30 days, and not
more than 60 days, overdue on the date of pay-
ment and was made more than 4 years before
the date of the making of the report; or
‘‘(C) was more than 60 days, and not more
than 90 days, overdue on the date of payment
and was made more than 5 years before the
date of the making of the report.’’; and
(3) by moving the left margin of paragraphs (1)
through (6) 2 ems to the right so as to align with
paragraph (7) (as added by paragraph (2) of this
subsection).
(b) INCREASE
IN EXEMPTED AMOUNTS.—Section
605(b) of the Fair Credit Reporting Act (15 U.S.C.
1681c(b)) is amended—
(1) by striking ‘‘(b) The provisions’’ and insert-
ing ‘‘(b) EXEMPTED TRANSACTIONS.—The provi-
sions’’;
(2) in paragraph (1) by striking ‘‘$50,000’’ and
inserting ‘‘$200,000’’;
(3) in paragraph (2) by striking ‘‘$50,000’’ and
inserting ‘‘$200,000’’; and
(4) in paragraph (3) by striking ‘‘$20,000’’ and
inserting ‘‘$100,000’’.
(c) CLARIFICATION OF REPORTING PERIOD.—Sec-
tion 605 of the Fair Credit Reporting Act (15 U.S.C.
1681c) is further amended by adding at the end the fol-
lowing new subsection:
‘‘(c) RUNNING OF REPORTING PERIOD.—The 7-year
period referred to in paragraphs (4) and (6) of subsection
(a) shall begin, with respect to any delinquent account
which is placed for collection (internally or by referral to
a 3d party, whichever is earlier), charged to profit and
loss, or subjected to any similar action, upon the expira-
tion of the 180-day period beginning on the date of the
commencement of the delinquency which immediately pre-
ceded the collection activity, charge to profit and loss, or
similar action.’’.
(d) ADDITIONAL INFORMATION
ON BANKRUPTCY
FILINGS REQUIRED.—Section 605 of the Fair Credit Re-
porting Act (15 U.S.C. 1681c) is further amended by add-
ing after subsection (c) (as added by subsection (c) of this
section) the following new subsection:
‘‘(d) INFORMATION REQUIRED TO BE DISCLOSED.—
Any consumer reporting agency which furnishes a
consumer report which contains information regarding
any case involving the consumer which 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 informa-
tion.’’.
(e) DISCLOSURE OF PERSONAL INFORMATION.—Sec-
tion 605 of the Fair Credit Reporting Act (15 U.S.C.
1681c) is further amended by adding after subsection (d)
(as added by subsection (d) of this section) the following
new subsection:
‘‘(e) DISCLOSURE OF PERSONAL INFORMATION.—A
person who prepares any credit report which includes per-
sonal credit information on any consumer shall not include
in the report any adverse item of information on the
consumer with respect to matters which antedate the re-
port by more than 10 years or which could not be included
in any consumer report on the consumer in accordance
with this section.’’.
(f) INDICATION OF CLOSURE OF ACCOUNT.—Section
605 of the Fair Credit Reporting Act (15 U.S.C. 1681c)
is further amended by adding after subsection (e) (as
added by subsection (e) of this section) the following new
subsection:
‘‘(f) INDICATION
OF CLOSURE
OF ACCOUNT
BY
CONSUMER.—If a consumer reporting agency is notified
pursuant to section 622(a)(4) that a credit account of a
consumer was closed by the consumer, the agency shall
indicate that fact in any consumer report that includes
information related to the account.’’.
(g) PROHIBITION ON MAINTAINING OR FURNISHING
MEDICAL INFORMATION.—Section 605 of the Fair Credit
Reporting Act (15 U.S.C. 1681c) is further amended by
adding after subsection (f) (as added by subsection (f) of
this section) the following new subsection:
‘‘(g) MEDICAL INFORMATION.—A consumer report-
ing agency shall not maintain in the file of a consumer,
or furnish for credit or employment purposes a consumer
report on a consumer which contains, any medical infor-
mation about the consumer without the consent of the
consumer.’’.
(h) INCLUSION OF INFORMATION REGARDING OVER-
DUE CHILD SUPPORT OBLIGATIONS.—Section 605 of the
Fair Credit Reporting Act (15 U.S.C. 1681c) is further
amended by adding after subsection (g) (as added by sub-
section (g) of this section) the following new subsection:
‘‘(h) OVERDUE CHILD SUPPORT OBLIGATIONS.—A
consumer reporting agency shall include in any consumer
report furnished by the agency pursuant to section 604(a)
information (if any) on the failure of the consumer to pay
overdue support (as that term is defined in section 466(e)
of the Social Security Act), which is—
‘‘(1) provided to the agency by a State or local
child support enforcement agency; or
‘‘(2) provided to the agency and verified by any
local, State, or Federal Government agency.’’.
(i) PROHIBITION ON MAINTAINING OR FURNISHING
CERTAIN ACCOUNT INFORMATION.—Section 605 of the
Fair Credit Reporting Act (15 U.S.C. 1681c) is further
amended by adding after subsection (h) (as added by sub-
section (h) of this section) the following new subsection:
‘‘(i) CERTAIN ACCOUNT INFORMATION.—
‘‘(1) EXCLUSION FROM CONSUMER REPORTS.—
A consumer reporting agency shall not maintain in
the file of a consumer, or furnish a consumer report
on a consumer which contains, any information re-
garding a failure of the consumer to make any pay-
ment on an account of the consumer that became
due in a period during which the consumer was re-
ceiving unemployment compensation under the laws
of any State (or but for the exhaustion of benefits
would be entitled to receive such compensation), if—
‘‘(A) the consumer requests in writing that
the consumer reporting agency exclude the in-
formation from either the file or such reports;
‘‘(B) the consumer provides to the agency
appropriate documentation which demonstrates
that the consumer was receiving (or would so be
entitled to receive) such compensation during
that period; and
‘‘(C) the account is maintained in a cur-
rent status during the one-year period ending
on the date of the submittal of the request.’’.
‘‘(2) 
APPROPRIATE
DOCUMENTATION.—The
Federal Trade Commission shall prescribe what con-
stitutes appropriate documentation for purposes of
paragraph (1).’’.
(j) CLERICAL AMENDMENTS.—
(1) The heading for section 605 of the Fair
Credit Reporting Act (15 U.S.C. 1681c) is amended
by striking ‘‘Obsolete information’’ and insert-
ing ‘‘Requirements relating to information
contained in consumer reports’’.
(2) The table of sections at the beginning of the
Fair Credit Reporting Act (15 U.S.C. 1681a et seq.)
is amended by striking the item relating to section
605 and inserting the following:
‘‘605. Requirements relating to information contained in consumer reports.’’.
SEC. 106. AMENDMENTS RELATING TO COMPLIANCE PRO-
CEDURES.
(a) DISCLOSURE
OF
CONSUMER
REPORTS
BY
USERS.—Section 607 of the Fair Credit Reporting Act
(15 U.S.C. 1681e) is amended by adding at the end the
following new subsection:
‘‘(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, or is contemplated, by the user
based in whole or in part on the report.’’.
(b) NOTICE TO USERS AND PROVIDERS OF INFORMA-
TION TO ENSURE COMPLIANCE.—Section 607 of the Fair
Credit Reporting Act (15 U.S.C. 1681e) is further amend-
ed by adding after subsection (c) (as added by subsection
(a) of this section) the following new subsection:
‘‘(d) NOTICE TO USERS AND FURNISHERS OF INFOR-
MATION.—
‘‘(1) NOTICE REQUIREMENT.—A consumer re-
porting 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 pro-
vided by the agency;
a notice of such person’s responsibilities under this
title.
‘‘(2) CONTENT
OF
NOTICE.—The Federal
Trade Commission shall prescribe the content of no-
tices under paragraph (1).’’.
(c) RECORD OF IDENTITY OF USERS AND PURPOSES
CERTIFIED BY USERS OF REPORTS.—Section 607 of the
Fair Credit Reporting Act (15 U.S.C. 1681e) is further
amended by adding after subsection (d) (as added by sub-
section (b) of this section) the following new subsection:
‘‘(e) PROCUREMENT OF CONSUMER REPORT FOR RE-
SALE.—
‘‘(1) DISCLOSURE.—A person may not procure
a consumer report for purposes of reselling the re-
port (or any information in the report) unless the
person discloses to the consumer reporting agency
which originally furnishes the report—
‘‘(A) the identity of the ultimate end-user
of the report (or information), and
‘‘(B) each permissible purpose under sec-
tion 604 for which the report is furnished to
the ultimate end-user of the report (or informa-
tion).
‘‘(2) RESPONSIBILITIES
OF
PROCURERS
FOR
RESALE.—A person which procures a consumer re-
port for purposes of reselling the report (or any in-
formation 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 fur-
nished under section 604, including by ensuring
that the person—
‘‘(i) identifies each prospective 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 in-
formation) will be used for no other pur-
pose; and
‘‘(B) before reselling the report, makes
reasonable efforts to verify the identifications
and certifications made under subparagraph
(A).’’.
SEC. 107. AMENDMENTS RELATING TO CONSUMER DISCLO-
SURES.
(a) ALL INFORMATION IN CONSUMER’S FILE RE-
QUIRED TO BE DISCLOSED.—Section 609(a)(1) of the
Fair Credit Reporting Act (15 U.S.C. 1681g(a)(1)) is
amended to read as follows:
‘‘(1) All information in the consumer’s file at
the time of the request.’’.
(b) MORE INFORMATION CONCERNING RECIPIENTS
OF REPORTS REQUIRED.—Section 609(a)(3) of the Fair
Credit Reporting Act (15 U.S.C. 1681g(a)) is amended
to read as follows:
‘‘(3)(A) Identification of—
‘‘(i) each person who for employment pur-
poses within the 2-year period preceding the re-
quest; and
‘‘(ii) each person who for any other pur-
pose within the 6-month period preceding the
request;
procured a consumer report.
‘‘(B) An identification of a person under sub-
paragraph (A) shall include—
‘‘(i) the name of the person or, if applica-
ble, the trade name (written in full) under
which such person conducts business; and
‘‘(ii) upon request of the consumer, the ad-
dress of the person.’’.
(c) INFORMATION REGARDING INQUIRIES.—Section
609(a) of the Fair Credit Reporting Act (15 U.S.C.
1681g(a)) is amended—
(1) by adding at the end the following:
‘‘(4) A record of all inquiries received by the
agency in the 6-month period preceding the request
that identified the consumer in connection with a
credit transaction which is not initiated by the
consumer.’’; and
(2) by moving the left margin of paragraph (2)
2 ems to the right so as to align with paragraph (4)
(as added by paragraph (1) of this subsection).
(d) SUMMARY OF RIGHTS REQUIRED TO BE IN-
CLUDED WITH DISCLOSURE.—
(1) IN
GENERAL.—Section 609 of the Fair
Credit Reporting Act (15 U.S.C. 1681g) is amended
by adding at the end the following new subsection:
‘‘(c) SUMMARY OF RIGHTS REQUIRED TO BE IN-
CLUDED WITH DISCLOSURE.—
‘‘(1) SUMMARY OF RIGHTS.—A consumer re-
porting agency shall provide to a consumer, with
each written disclosure by the agency to the
consumer under this section—
‘‘(A) a written summary of all rights the
consumer has under this title; and
‘‘(B) in the case of a consumer reporting
agency that compiles and maintains files on
consumers on a nationwide basis, a toll-free
telephone number which the consumer can use
to communicate with the agency.
‘‘(2) SPECIFIC
ITEMS
REQUIRED
TO
BE
IN-
CLUDED.—The summary of rights required under
paragraph (1) shall include—
‘‘(A) a brief description of this title and all
rights of consumers under this title;
‘‘(B) an explanation of how the consumer
may exercise the rights of the consumer under
this title;
‘‘(C) a list of all Federal agencies respon-
sible 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; and
‘‘(D) a statement that a consumer report-
ing agency is not required to remove accurate
derogatory information from a consumer’s file,
unless the information is outdated under sec-
tion 605 or cannot be verified.
‘‘(3) FORM OF SUMMARY OF RIGHTS.—For pur-
poses of this subsection and any disclosure by a
consumer reporting agency required under this title
with respect to consumers’ rights, the Federal Trade
Commission (after consultation with each Federal
agency referred to in section 621(b)) shall prescribe
the form and content of any disclosure of the rights
of consumers required under this title.’’.
(2) 
TECHNICAL
AMENDMENT.—Section
606(a)(1)(B) of the Fair Credit Reporting Act (15
U.S.C. 1681d(a)(1)(B)) is amended by inserting
‘‘and the written summary of the rights of the
consumer prepared pursuant to section 609(c)’’ be-
fore the semicolon.
(e) FORM OF DISCLOSURES.—
(1) IN GENERAL.—Subsections (a) and (b) of
section 610 of the Fair Credit Reporting Act (15
U.S.C. 1681h) are amended to read as follows:
‘‘(a) FORM OF DISCLOSURE, GENERALLY.—Except
as provided in subsection (b), the disclosures required to
be made under section 609 shall be provided to a
consumer in writing.
‘‘(b) OTHER FORMS OF DISCLOSURE.—
‘‘(1) IN
GENERAL.—A consumer reporting
agency may make the disclosures required under sec-
tion 609 other than in writing if authorized by the
consumer, and in such form as may be specified by
the consumer and available from the agency.
‘‘(2) FORM.—A consumer may specify pursuant
to paragraph (1) that disclosures under section 609
shall be made—
‘‘(A) in person, upon—
‘‘(i) the appearance of the consumer
at the place of business of the consumer
reporting agency where disclosures are reg-
ularly provided, during normal business
hours, and on reasonable notice; and
‘‘(ii) the furnishing of proper identi-
fication by the consumer;
‘‘(B) by telephone, if the consumer has
made a written request for disclosure by tele-
phone that includes proper identification of the
consumer;
‘‘(C) by electronic means, if available from
the agency; or
‘‘(D) by any other reasonable means that
is available from the agency.’’.
(2) SIMPLIFIED DISCLOSURE.—Section 610 of
the Fair Credit Reporting Act (15 U.S.C. 1681h) is
amended by adding at the end the following:
‘‘(f) SIMPLIFIED DISCLOSURE.—The Federal Trade
Commission shall prescribe the form in which a consumer
reporting agency shall make the disclosures required
under section 609(a), for the purpose of maximizing the
comprehensibility and standardization of such disclo-
sures.’’.
(3) CONFORMING AMENDMENTS.—
(A) Section 610 of the Fair Credit Report-
ing Act (15 U.S.C. 1681h) is amended in the
heading for the section by inserting ‘‘and
form’’ after ‘‘Conditions’’.
(B) The table of sections at the beginning
of the Fair Credit Reporting Act (15 U.S.C.
1681a et seq.) is amended in the item relating
to section 610 by inserting ‘‘and form’’ after
‘‘Conditions’’.
SEC. 108. AMENDMENTS RELATING TO PROCEDURES IN
CASE OF THE DISPUTED ACCURACY OF ANY
INFORMATION IN A CONSUMER’S FILE.
(a) IN GENERAL.—Section 611(a) of the Fair Credit
Reporting Act (15 U.S.C. 1681i(a)) is amended to read
as follows:
‘‘(a) REINVESTIGATIONS
OF DISPUTED INFORMA-
TION.—
‘‘(1) IN GENERAL.—If the completeness or ac-
curacy of any item of information contained in any
consumer’s file at any consumer reporting agency is
disputed by the consumer and the consumer notifies
the agency directly of such dispute, the agency shall
reinvestigate free of charge and record the current
status of the disputed information before the end of
the 30-business-day period beginning on the date the
agency receives the notice of the dispute from the
consumer.
‘‘(2) PROMPT
NOTICE
OF
DISPUTE
TO
FUR-
NISHER OF INFORMATION.—Before the end of the 5-
business-day period beginning on the date a
consumer reporting agency receives notice of a dis-
pute from any consumer in accordance with para-
graph (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.
‘‘(3) DETERMINATION THAT DISPUTE IS FRIVO-
LOUS OR IRRELEVANT.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), a consumer reporting agency may
terminate a reinvestigation of information dis-
puted by a consumer under that paragraph if
the agency 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 resolve the dispute.
‘‘(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 within 5 business days of
such determination (including the reasons for
the determination), by mail or, if authorized by
the consumer for that purpose, by any other
means available to the agency.
‘‘(4) CONSIDERATION OF CONSUMER INFORMA-
TION.—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 infor-
mation submitted by the consumer in the period de-
scribed in paragraph (1) with respect to such dis-
puted information.
‘‘(5) TREATMENT OF INACCURATE OR UNVERI-
FIABLE INFORMATION.—
‘‘(A) 
IN
GENERAL.—If, 
after 
any
reinvestigation under paragraph (1) of any in-
formation disputed by a consumer, an item of
the information is found to be inaccurate or
cannot be verified, the consumer reporting
agency shall promptly delete that item of infor-
mation from the consumer’s file.
‘‘(B) 
REQUIREMENTS
RELATING
TO
REINSERTION OF PREVIOUSLY DELETED MATE-
RIAL.—
‘‘(i) CERTIFICATION OF ACCURACY OF
INFORMATION.—If any information is de-
leted from a consumer’s file pursuant to
subparagraph (A), the information may
not be reinserted in the file after the dele-
tion unless the person who furnishes the
information certifies that the information
is complete and accurate.
‘‘(ii) NOTICE TO CONSUMER.—If any
information which has been deleted from a
consumer’s file pursuant to subparagraph
(A) is reinserted in the file, the consumer
reporting agency shall promptly notify the
consumer of the reinsertion in writing or,
if authorized by the consumer for that pur-
pose, 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
within the 5-business-day period beginning
on the date of the reinsertion—
‘‘(I) a statement that the dis-
puted 
information 
has 
been
reinserted;
‘‘(II) a notice to the consumer
that if requested by the consumer the
agency shall provide to the consumer,
within 15 days after the date of the
request, the name, business address,
and telephone number of any fur-
nisher of information contacted, or of
any furnisher of information which
contacted the consumer reporting
agency, 
in 
connection 
with 
the
reinsertion of such information; and
‘‘(III) 
the 
toll-free 
telephone
number of the consumer reporting
agency that the consumer can use to
contact the agency with respect to ob-
taining the information described in
subclause (II).
‘‘(C) PROCEDURES
TO
PREVENT
RE-
APPEARANCE.—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)).
‘‘(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 within 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 agen-
cy.
‘‘(B) CONTENTS.—As part of or in addi-
tion to the notice under subparagraph (A), a
consumer reporting agency shall provide to a
consumer in writing within the 5-business-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 re-
vised as a result of the reinvestigation;
‘‘(iii) a description or indication of
any changes made in the consumer report
as a result of those revisions to the con-
sumer’s file;
‘‘(iv) a notice that, if requested by the
consumer, a description of the procedure
used to determine the accuracy and com-
pleteness of the information shall be pro-
vided to the consumer by the agency, in-
cluding the name, business address, and
telephone number of any furnisher of in-
formation contacted in connection with
such information;
‘‘(v) a notice that the consumer has
the right to add a statement to the con-
sumer’s file disputing the accuracy or com-
pleteness of the information; and
‘‘(vi) a notice that the consumer has
the right to request under subsection (d)
that the consumer reporting agency fur-
nish notifications under that subsection.
‘‘(7) DESCRIPTION
OF
REINVESTIGATION
PROCEDURE.—A consumer reporting agency
shall provide to a consumer a description re-
ferred to in paragraph (6)(B)(iv) by not later
than 15 days after receiving a request from the
consumer for that description.’’.
(b) CONFORMING AMENDMENT.—Subsection (d) of
section 611 of the Fair Credit Reporting Act (15 U.S.C.
1681i(d)) is amended by striking ‘‘The consumer report-
ing agency shall clearly’’ and all that follows through the
end of the subsection.
SEC. 109. AMENDMENT RELATING TO CHARGES FOR DIS-
CLOSURE.
Section 612 of the Fair Credit Reporting Act (15
U.S.C. 1681j) is amended to read as follows:
‘‘§ 612. Charges for certain disclosures
‘‘(a) REASONABLE CHARGES ALLOWED FOR CER-
TAIN DISCLOSURES.—Except as provided in subsections
(b) and (c), a consumer reporting agency may impose a
reasonable charge on a consumer—
‘‘(1) for making a disclosure to the consumer
pursuant to section 609, which—
‘‘(A) shall not exceed $8, or such other
amount as is prescribed by the Federal Trade
Commission under subsection (d); and
‘‘(B) shall be indicated to the consumer
prior to making disclosure; and
‘‘(2) for furnishing a notification, statement,
summary, or codification to any person designated
by the consumer pursuant to section 611(d),
which—
‘‘(A) shall not exceed the charge that the
agency would impose on each designated recipi-
ent for a consumer report; and
‘‘(B) shall be indicated to the consumer
prior to furnishing such information.
‘‘(b) FREE CONSUMER REPORT AFTER ADVERSE
NOTICE TO CONSUMER.—Each consumer reporting agen-
cy that maintains a file on a consumer shall make all dis-
closures pursuant to section 609 without charge to the
consumer if, within 60 days after receipt by such
consumer of a notification pursuant to section 615 or of
a notification from a debt collection agency affiliated with
that consumer reporting agency stating that the consum-
er’s credit rating may be or has been adversely affected,
the consumer makes a request under section 609.
‘‘(c) CHARGE
FOR
CERTAIN
NOTICES
PROHIB-
ITED.—A consumer reporting agency shall not impose any
charge for—
‘‘(1) providing any notice to a consumer re-
quired under section 611; or
‘‘(2) notifying a person pursuant to section
611(d) of the deletion of information which is found
to be inaccurate or which can no longer be verified,
if the consumer designates that person to the agency
before the end of the 30-day period beginning on the
date of the notification of the consumer under sec-
tion 611(a)(6).
‘‘(d) ADJUSTMENT
OF FEE.—The Federal Trade
Commission shall annually adjust the maximum amount
of the fee authorized under subsection (a)(1)(A), to reflect
changes in the consumer price index.’’.
SEC. 110. AMENDMENTS RELATING TO DUTIES OF USERS
OF CONSUMER REPORTS.
(a) DUTIES OF USERS TAKING ADVERSE ACTIONS.—
Section 615(a) of the Fair Credit Reporting Act (15
U.S.C. 1681m(a)) is amended to read as follows:
‘‘(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 in connection with
any transaction initiated by the consumer or any employ-
ment determination, which is based in whole or in part
on any information contained in a consumer report, the
person shall—
‘‘(1) provide written notice of the adverse action
to the consumer;
‘‘(2) provide to the consumer—
‘‘(A) the name, address, and telephone
number of the consumer reporting agency which
furnished the report to the person; and
‘‘(B) a statement that the consumer re-
porting agency did not make the decision to
take the adverse action and is unable to provide
the consumer the specific reasons why the ad-
verse action was taken;
‘‘(3) provide to the consumer a written notice of
the consumer’s right—
‘‘(A) to obtain, under section 612, a free
copy of a consumer report on the consumer,
from the consumer reporting agency referred to
in paragraph (2) and from any other consumer
reporting agency which compiles and maintains
files on consumers on a nationwide basis, 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, with a
consumer reporting agency the accuracy or
completeness of any information in a consumer
report furnished by the agency; and
‘‘(4) in the case of an adverse action based in
whole or in part on a credit score or other predictor
of credit worthiness, provide to the consumer—
‘‘(A) notice that the predictor was used;
and
‘‘(B) the principal factors used to deter-
mine that predictor, if those factors are re-
quired to be disclosed by the person for pur-
poses of compliance with section 701(d)(3) of
the Equal Credit Opportunity Act.’’.
(b) DUTIES OF USERS WHO MAKE CERTAIN CREDIT
SOLICITATIONS.—Section 615 of the Fair Credit Report-
ing Act (15 U.S.C. 1681m) is amended by adding at the
end the following new subsection:
‘‘(d) DUTIES OF USERS WHO MAKE WRITTEN CRED-
IT SOLICITATIONS ON THE BASIS OF INFORMATION CON-
TAINED IN CONSUMER FILES.—
‘‘(1) IN
GENERAL.—Any person who uses a
consumer report of any consumer in connection with
any credit transaction which is not initiated by the
consumer and which consists of a firm offer of credit
shall provide with any written solicitation made to
the consumer regarding the transaction a clear and
conspicuous statement that—
‘‘(A) information contained in the consum-
er’s consumer report was used in connection
with the transaction;
‘‘(B) the consumer received the offer of
credit because the consumer satisfied the cri-
teria for creditworthiness under which the
consumer was selected for the offer;
‘‘(C) if applicable, the credit 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;
‘‘(D) the consumer has a right to prohibit
information contained in the consumer’s file
with any consumer reporting agency to be used
in connection with any credit transaction that is
not initiated by the consumer; and
‘‘(E) the consumer may exercise the right
referred to in subparagraph (D) by notifying
the joint notification system established under
section 604(d).
‘‘(2) LIMITATION ON APPLICATION.—Paragraph
(1) does not apply to the use of a consumer report
by a person if—
‘‘(A) the person is affiliated by common
ownership or by common corporate control with
the person who procured the report;
‘‘(B) the person who procured the report
clearly and conspicuously disclosed to the
consumer to whom the report relates, before the
report is provided to the person who will use
the report, that the report might be provided to
and used by other persons who are affiliated in
the manner described in subparagraph (A) to
the person who procured the report; and
‘‘(C) that provision and use of the report
is consented to by the consumer in writing.
‘‘(3) MAINTAINING CRITERIA ON FILE.—A per-
son who makes an offer of credit to a consumer
under a credit transaction described in paragraph
(1) shall maintain on file the criteria used to select
the consumer to receive the offer, until the end of
the 3-year period beginning on the date on which the
offer is made to the consumer.’’.
(c) DUTIES
OF USERS
FOR DIRECT MARKETING
TRANSACTIONS NOT INITIATED BY CONSUMERS.—Section
615 of the Fair Credit Reporting Act (15 U.S.C. 1681m)
is further amended by adding after subsection (d) (as
added by subsection (b) of this section) the following new
subsection:
‘‘(e) DUTIES OF USERS FOR DIRECT MARKETING
TRANSACTIONS NOT INITIATED BY CONSUMERS.—Any
person who, in connection with a direct marketing trans-
action that is not initiated by a consumer, uses informa-
tion concerning the consumer that is provided by a
consumer reporting agency shall provide to the consumer
with each solicitation made to the consumer regarding the
transaction a clear and conspicuous written statement—
‘‘(1) that information concerning the consumer
that was provided by a consumer reporting agency
was used in connection with the transaction;
‘‘(2) that the consumer has the right under sec-
tion 604(e) to prohibit any information concerning
the consumer from being provided by the consumer
reporting agency for use in connection with any di-
rect marketing transaction that is not initiated by
the consumer;
‘‘(3) that the consumer may exercise the right
referred to in paragraph (2) by notifying the joint
notification 
system 
established 
under 
section
604(d)(4).’’.
SEC. 111. AMENDMENTS RELATING TO CIVIL LIABILITY.
(a) CIVIL LIABILITY
FOR WILLFUL NONCOMPLI-
ANCE, GENERALLY.—Section 616 of the Fair Credit Re-
porting Act (15 U.S.C. 1681n) is amended by striking
‘‘Any consumer reporting agency or user of information
which’’ and inserting ‘‘Any person who’’.
(b) MINIMUM CIVIL LIABILITY FOR WILLFUL NON-
COMPLIANCE.—Section 616(1) of the Fair Credit Report-
ing Act (15 U.S.C. 1681n(1)) is amended to read as fol-
lows:
‘‘(1)(A) any actual damages sustained by the
consumer as a result of the failure; or
‘‘(B) in the case of liability of a natural person
for obtaining a consumer report under false pre-
tenses or knowingly without a permissible purpose,
such damages or $1,000, whichever is greater;’’.
(c) CIVIL LIABILITY FOR NEGLIGENT NONCOMPLI-
ANCE.—Section 617 of the Fair Credit Reporting Act (15
U.S.C. 1681o) is amended by striking ‘‘Any consumer re-
porting agency or user of information which’’ and insert-
ing ‘‘Any person who’’.
SEC. 112. AMENDMENTS RELATING TO RESPONSIBILITIES
OF PERSONS WHO FURNISH INFORMATION
TO CONSUMER REPORTING AGENCIES.
(a) IN GENERAL.—The Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.) is amended by redesignating sec-
tion 622 as section 623 and inserting after section 621
the following new section:
‘‘§ 622. Responsibilities of furnishers of information
to consumer reporting agencies
‘‘(a) DUTY OF FURNISHERS OF INFORMATION TO
PROVIDE COMPLETE AND ACCURATE INFORMATION.—
‘‘(1) IN GENERAL.—A person shall not furnish
any information to any consumer reporting agency if
the person knows or should know the information is
incomplete or inaccurate.
‘‘(2) DUTY TO CORRECT AND UPDATE INFOR-
MATION.—A person who—
‘‘(A) in the ordinary course of business,
regularly and on a routine basis furnishes infor-
mation to one or more consumer reporting
agencies about their own transactions or experi-
ences with a consumer; and
‘‘(B) furnishes information to a consumer
reporting agency, 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 in-
formation, that is necessary to make the information
provided by the person to the agency complete and
accurate.
‘‘(3) DUTY TO PROVIDE NOTICE OF CONTINU-
ING DISPUTE.—If the completeness or accuracy of
any information furnished by any person to any
consumer reporting agency continues to be disputed
to such person, the person may not furnish the in-
formation to any consumer reporting agency without
notice that such information is disputed by the
consumer.
‘‘(4) DUTY TO PROVIDE NOTICE OF CLOSED AC-
COUNTS.—A person who regularly furnishes infor-
mation to a consumer reporting agency regarding a
consumer who has a credit account with that person
shall notify the agency of the closure of that account
by the consumer in information regularly furnished
for the period in which the account is closed.
‘‘(5) DUTY
TO
PROVIDE
NOTICE
OF
DELIN-
QUENCY OF ACCOUNTS.—A person who furnishes in-
formation 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 notify the agency of the commencement
of the delinquency immediately preceding that ac-
tion, by not later than 90 days after the date of that
commencement.
‘‘(b) NOTICE TO CONSUMERS OF INFORMATION FUR-
NISHED TO CONSUMER REPORTING AGENCIES.—
‘‘(1) NOTICE REQUIRED.—A person who in the
ordinary course of business regularly and on a rou-
tine basis furnishes information about that person’s
transactions or experiences with any consumer to
any consumer reporting agency, shall give notice of
that fact in writing to the consumer before first pro-