15 U.S.C. § 1681j : US Code - Section 1681J: Charges for certain disclosures

Search 15 U.S.C. § 1681j : US Code - Section 1681J: Charges for certain disclosures

    (a) Free annual disclosure
      (1) Nationwide consumer reporting agencies
        (A) In general
          All consumer reporting agencies described in subsections (p)
        and (w) (!1) of section 1681a of this title shall make all
        disclosures pursuant to section 1681g of this title 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 1681a(p) of this title
        only if the request from the consumer is made using the
        centralized source established for such purpose in accordance
        with section 211(c) (!1) of the Fair and Accurate Credit
        Transactions Act of 2003.
        (C) Nationwide specialty consumer reporting agency
          (i) In general
            The Commission (!2) shall prescribe regulations applicable
          to each consumer reporting agency described in section
          1681a(w) (!1) of this title 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.
          (iii) Date of issuance
            The Commission (!2) shall issue the regulations required by
          this subparagraph in final form not later than 6 months after
          December 4, 2003.
          (iv) 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
          1681a(w) (!1) of this title) shall be required to comply with
          subsection (a) of this section, which effective date - 
              (I) shall be established after consideration of the
            ability of each nationwide specialty consumer reporting
            agency to comply with subsection (a) of this section; 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
      1681i(a)(1) of this title, 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 1681g of
    this title without charge to the consumer if, not later than 60
    days after receipt by such consumer of a notification pursuant to
    section 1681m of this title, or of a notification from a debt
    collection agency affiliated with that consumer reporting agency
    stating that the consumer's credit rating may be or has been
    adversely affected, the consumer makes a request under section
    1681g of this title.
    (c) Free disclosure under certain other circumstances
      Upon the request of the consumer, a consumer reporting agency
    shall make all disclosures pursuant to section 1681g of this title
    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 1681a(p) of this title shall make all
    disclosures pursuant to section 1681g of this title without charge
    to the consumer, as provided in subsections (a)(2) and (b)(2) of
    section 1681c-1 of this title, 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 subchapter
    or making any disclosure required by this subchapter, except as
    authorized by subsection (f) of this section.
    (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) of this
      section, a consumer reporting agency may impose a reasonable
      charge on a consumer - 
          (A) for making a disclosure to the consumer pursuant to
        section 1681g of this title, which charge - 
            (i) shall not exceed $8; and
            (ii) shall be indicated to the consumer before making the
          disclosure; and

          (B) for furnishing, pursuant to section 1681i(d) of this
        title, following a reinvestigation under section 1681i(a) of
        this title, 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) of section 1681i(a) of this title
        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.
    (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 (!3) 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".