Current Shareware 1994 January/SHAR194.ISO/textfile/histdocs.zip/FAIRCRED.ACT

Text File | 1993-09-07 | 30KB | 614 lines

The Fair Credit Reporting Act (as of 12/92)

15 USC 1681 (1992)

Sec. 1681.  Congressional findings and statement of purpose

   (a) 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) 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.


Sec. 1681a.  Definitions; rules of construction

   (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) The term "consumer report" means any written, oral, or other
communication of any information by a consumer reporting agency bearing
on a consumer's credit worthiness, credit standing, credit capacity,
character, general reputation, personal characteristics, or mode of
living which is used or expected to be used or collected in whole or in
part for the purpose of serving as a factor in establishing the
consumer's eligibility for (1) credit or insurance to be used primarily
for personal, family, or household purposes, or (2) employment purposes,
or (3) other purposes authorized under section 604. The term does not
include (A) any report containing information solely as to transactions
or experiences between the consumer and the person making the report;
(B) any authorization or approval of a specific extension of credit
directly or indirectly by the issuer of a credit card or similar device;
or (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 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

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

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

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

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

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


Sec. 1681b.  Permissible purposes of consumer reports

   A consumer reporting agency may furnish a consumer report under the
following circumstances and no other:

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

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

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

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

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

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

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

   (E) otherwise has a legitimate business need for the information in
connection with a business transaction involving the consumer.


Sec. 1681c.  Reporting of obsolete information prohibited

   (a) Except as authorized under subsection (b), no consumer reporting
agency may make any consumer report containing any of the following
items of information:

   (1) cases under title 11 of the 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) Suits and judgments which, 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) Records of arrest, indictment, or conviction of crime which, from
date of disposition, release, or parole, antedate the report by more
than seven years.

   (6) Any other adverse item of information which antedates the report
by more than seven years.

   (b) The provisions of subsection (a) 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 $ 50,000 or more;

   (2) the underwriting of life insurance involving, or which may
reasonably be expected to involve, a face amount of $ 50,000 or more; or

   (3) the employment of any individual at an annual salary which
equals, or which may reasonably be expected to equal $ 20,000, or more.


Sec. 1681d.  Disclosure of investigative consumer reports

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

   (1) it is clearly and accurately disclosed to the consumer that an
investigative consumer report including information as to his character,
general reputation, personal characteristics and mode of living,
whichever are applicable, may be made, and such disclosure (A) is made
in a writing mailed, or otherwise delivered, to the consumer, not later
than three days after the date on which the report was first requested,
and (B) includes a statement informing the consumer of his right to
request the additional disclosures provided for under subsection (b) of
this section; or

   (2) the report is to be used for employment purposes for which the
consumer has not specifically applied.

   (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), shall 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).


Sec. 1681e.  Compliance procedures

   (a) Every consumer reporting agency shall maintain reasonable
procedures designed to avoid violations of section 605 and to limit the
furnishing of consumer reports to the purposes listed under section 604
. 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 .

   (b) 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.


Sec. 1681f.  Disclosures to governmental agencies

   Notwithstanding the provisions of section 604, 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.


S. 1681g.  Disclosures to consumers

   (a) Every consumer reporting agency shall, upon request and proper
identification of any consumer, clearly and accurately disclose to the
consumer:

   (1) The nature and substance of all information (except medical
information) in its files on the consumer at the time of the request.

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

   (3) The recipients of any consumer report on the consumer which it
has furnished--

   (A) for employment purposes within the two-year period preceding the
request, and

   (B) for any other purpose within the six-month period preceding the
request.

   (b) The requirements of subsection (a) 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.


Sec. 1681h.  Conditions of disclosure to consumers

   (a) Times and notice. A consumer reporting agency shall make the
disclosures required under section 609 during normal business hours and
on reasonable notice.

   (b) Identification of consumer. The disclosures required under
section 609 shall be made to the consumer--

   (1) in person if he appears in person and furnishes proper
identification; or

   (2) by telephone if he has made a written request, with proper
identification, for telephone disclosure and the toll charge, if any,
for the telephone call is prepaid by or charged directly to the
consumer.

   (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.

   (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 , no consumer may bring any action or proceeding in thenature 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, except as to false information furnished with malice
or willful intent to injure such consumer.


Sec. 1681i.  Procedure in case of disputed accuracy

   (a) Dispute; reinvestigation. If the completeness or accuracy of any
item of information contained in his file is disputed by a consumer, and
such dispute is directly conveyed to the consumer reporting agency by
the consumer, the consumer reporting agency shall within a reasonable
period of time reinvestigate and record the current status of that
information unless it has reasonable grounds to believe that the dispute
by the consumer is frivolous or irrelevant. If after such
reinvestigation such information is found to be inaccurate or can no
longer be verified, the consumer reporting agency shall promptly delete
such information. The presence of contradictory information in the
consumer's file does not in and of itself constitute reasonable grounds
for believing the dispute is frivolous or irrelevant.

   (b) Statement of dispute. If the reinvestigation does not resolve the
dispute, the consumer may file a brief statement setting forth the
nature of the dispute. The consumer reporting agency may limit such
statements to not more than one hundred words if it provides the
consumer with assistance in writing a clear summary of the dispute.

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

   (d) Notification of deletion of disputed information. Following any
deletion of information which is found to be inaccurate or whose
accuracy can no longer be verified or any notation as to disputed
information, the consumer reporting agency shall, at the request of the
consumer, furnish notification that the port for any  item has been
deleted or the statement, codification or summary pursuant to subsection
(b) or (c) 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 re
other purpose, which contained the deleted or disputed information. The
consumer reporting agency shall clearly and conspicuously disclose to
the consumer his rights to make such a request. Such disclosure shall be
made at or prior to the time the information is deleted or the
consumer's statement regarding the disputed information is received.


Sec. 1681j.  Charges for disclosures

   A consumer reporting agency shall make all disclosures pursuant to
section 609 and furnish all consumer reports pursuant to section 611(d)
without charge to the consumer if, within thirty days after receipt by
such consumer of a notification pursuant to section 615  or notification
from a debt collection agency affiliated with such consumer reporting
agency stating that the consumer's credit rating may be or has been
adversely affected, the consumer makes a request under section 609 or
611(d) . Otherwise, the consumer reporting agency may impose a
reasonable charge on the consumer for making disclosure to such consumer
pursuant to section 609 , the charge for which shall be indicated to the
consumer prior to making disclosure; and for furnishing notifications,
statements, summaries, or codifications to person designated by the
consumer pursuant to section 611(d), the charge for which shall be
indicated to the consumer prior to furnishing such information and shall
not exceed the charge that the consumer reporting agency would impose on
each designated recipient for a consumer report except that no charge
may be made for notifying such persons of the deletion of information
which is found to be inaccurate or which can no longer be verified.


Sec. 1681k.  Public record information for employment purposes

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

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

   (2) maintain strict procedures designed to insure that whenever
public record information which is likely to have an adverse effect on a
consumer's ability to obtain employment is reported it is complete and
up to date. For purposes of this paragraph, items of public record
relating to arrests, indictments, convictions, suits, tax liens, and
outstanding judgments shall be considered up to date if the current
public record status of the item at the time of the report is reported.


Sec. 1681l.  Restrictions on investigative consumer reports

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


Sec. 1681m.  Requirements on users of consumer reports

   (a) Adverse action based on reports of consumer reporting agencies.
Whenever credit or insurance for personal, family, or household
purposes, or employment involving a consumer is denied or the charge for
such credit or insurance is increased either wholly or partly because of
information contained in a consumer report from a consumer reporting
agency, the user of the consumer report shall so advise the consumer
against whom such adverse action has been taken and supply the name and
address of the consumer reporting agency making the report.

   (b) Adverse action based on reports of persons other than consumer
reporting agencies. 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.

   (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 subsections (a) and (b).


Sec. 1681n.  Civil liability for willful noncompliance

   Any consumer reporting agency or user of information which 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) any actual damages sustained by the consumer as a result of the
failure;

   (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.


Sec. 1681o.  Civil liability for negligent noncompliance

   Any consumer reporting agency or user of information which is
negligent in failing to comply with any requirement imposed under this
title with respect to any consumer is liable to that consumer in an
amount equal to the sum of--

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

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


Sec. 1681p.  Jurisdiction of courts; limitation of actions

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


Sec. 1681q.  Obtaining information under false pretenses

   Any person who knowingly and willfully obtains information on a
consumer from a consumer reporting agency under false pretenses shall be
fined not more than $ 5,000 or imprisoned not more than one year, or
both.


Sec. 1681r.  Unauthorized disclosures by officers or employees

   Any officer or employee of a consumer reporting agency who knowingly
and willfully provides information concerning an individual from the
agency's files to a person not authorized to receive that information
shall be fined not more than $ 5,000 or imprisoned not more than one
year, or both.


Sec. 1681s.  Administrative enforcement

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

   (b) Other administrative bodies. Compliance with the requirements
imposed under this title with respect to consumer reporting agencies and
persons who use consumer reports from such agencies shall be enforced
under--

   (1) section 8 of the Federal Deposit Insurance Act, in the case of--

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

   (B) member banks of the Federal Reserve System (other than national
banks), branches and agencies of foreign banks (other than Federal
branches, Federal agencies, and insured State branches of foreign
banks), commercial lending companies owned or controlled by foreign
banks, and organizations operating under section 25 or 25(a)of the
Federal Reserve Act , by the Board of Governors of the Federal Reserve
System; and

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

   (2) section 8 of the Federal Deposit Insurance Act, by the Director
of the Office of Thrift Supervision, in the case of a savings
association the deposits of which are insured by the Federal Deposit
Insurance Corporation;

   (3) the Federal Credit Union Act, by the Administrator of the
National Credit Union Administration with respect to any Federal credit
union;

   (4) the Acts to regulate commerce, by the Interstate Commerce
Commission with respect to any common carrier subject to those Acts;

   (5) the Federal Aviation Act of 1958, by the Secretary of
Transportation with respect to any air carrier or foreign air carrier
subject to that Act ; and

   (6) the Packers and Stockyards Act, 1921(except as provided in
section 406 of that Act), by the Secretary of Agriculture with respect
to any activities subject to that Act.

   The terms used in paragraph (1) that are not defined in this title or
otherwise defined in section 3(s) of the Federal Deposit Insurance Act
(12 U.S.C. 1813(s)) shall have the meaning given to them in section 1(b)
of the International Banking Act of 1978 (12 U.S.C. 3101).

   (c) Enforcement under other authority. For the purpose of the
exercise by any agency referred to in subsection (b) of its powers under
any Act referred to in that subsection, a violation of any requirement
imposed under this title shall be deemed to be a violation of a
requirement imposed under that Act. In addition to its powers under any
provision of law specifically referred to in subsection (b), each of the
agencies referred to in that subsection may exercise, for the purpose of
enforcing compliance with any requirement imposed under this title any
other authority conferred on it by law.


Sec. 1681t.  Relation to State laws

   This title does not annul, alter, affect, or exempt any person
subject to the provisions of this title from complying with the laws of
any State with respect to the collection, distribution, or use of any
information on consumers, except to the extent that those laws are
inconsistent with any provision of this title, and then only to the
extent of the inconsistency.

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