15 U.S.C. § 1681c : US Code - Section 1681C: Requirements relating to information contained in consumer reports

Search 15 U.S.C. § 1681c : US Code - Section 1681C: Requirements relating to information contained in consumer reports

(a) Information excluded from consumer reports
Except as authorized under subsection (b) of this section, no
consumer reporting agency may make any consumer report containing
any of the following items of information:
(1) Cases under title 11 or under the Bankruptcy Act that, from
the date of entry of the order for relief or the date of
adjudication, as the case may be, antedate the report by more than
10 years.
(2) Civil suits, civil judgments, and records of arrest that,
from date of entry, antedate the report by more than seven years or
until the governing statute of limitations has expired, whichever
is the longer period.
(3) Paid tax liens which, from date of payment, antedate the
report by more than seven years.
(4) Accounts placed for collection or charged to profit and loss
which antedate the report by more than seven years.
(5) Any other adverse item of information, other than records of
convictions of crimes which antedates the report by more than seven
years.
(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 information
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) of
subsection (a) of this section shall begin, with respect to any
delinquent account that is placed for collection (internally or
by referral to a third party, whichever is earlier), charged to
profit and loss, or subjected to any similar action, upon the
expiration of the 180-day period beginning on the date of the
commencement of the delinquency which immediately preceded the
collection activity, charge to profit and loss, or similar
action.
(2) Effective date
Paragraph (1) shall apply only to items of information added to
the file of a consumer on or after the date that is 455 days
after September 30, 1996.
(d) Information required to be disclosed
(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 shall include in the report
an identification of the chapter of such title 11 under which
such case arises if provided by the source of the information. If
any case arising or filed under title 11 is withdrawn by the
consumer before a final judgment, the consumer reporting agency
shall include in the report that such case or filing was
withdrawn upon receipt of documentation certifying such
withdrawal.
(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
1681g(f)(2)(B) of this title) 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
1681s-2(a)(4) of this title that a credit account of a consumer was
voluntarily closed by the consumer, the agency shall indicate that
fact in any consumer report that includes information related to
the account.
(f) Indication of dispute by consumer
If a consumer reporting agency is notified pursuant to section
1681s-2(a)(3) of this title that information regarding a consumer
who (!1) 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 December 4, 2003, with respect to any cash
register or other machine or device that electronically prints
receipts for credit card or debit card transactions that is in
use before January 1, 2005; and
(B) 1 year after December 4, 2003, 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
1681a(p) of this title, 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.
(2) Regulations
(A) Regulations required
The Federal banking agencies, the National Credit Union
Administration, and the Commission shall jointly, with respect
to the entities that are subject to their respective
enforcement authority under section 1681s of this title,
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.