15 USC 1681 - Requirements relating to information contained in consumer reports

1 So in original. Probably should be “which”.

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.

2 So in original.

in consultation with the Federal banking agencies, the National Credit Union Administration, and the Federal Trade Commission,,

Editorial Notes

References in Text

The Bankruptcy Act, referred to in subsec. (a)(1), was act July 1, 1898, ch. 541, 30 Stat. 544, which was classified to section 1 et seq. of former Title 11, Bankruptcy, prior to its repeal by Puspan. L. 95–598, Nov. 6, 1978, 92 Stat. 2549, section 101 of which enacted revised Title 11.

Section 302(c)(5) of the Economic Growth, Regulatory Relief, and Consumer Protection Act, referred to in subsec. (a)(7), (8), is section 302(c)(5) of Puspan. L. 115–174, which is set out as a note below.

Amendments

2018—Subsec. (a)(7), (8). Puspan. L. 115–174 added pars. (7) and (8).

2010—Subsec. (h)(2)(A). Puspan. L. 111–203, § 1088(a)(5), substituted “, in consultation with the Federal banking agencies, the National Credit Union Administration, and the Federal Trade Commission,” for “with respect to the entities that are subject to their respective enforcement authority under section 1681s of this title”.

Puspan. L. 111–203, § 1088(a)(2)(D), substituted “The Bureau shall” for “The Federal banking agencies, the National Credit Union Administration, and the Commission shall jointly”.

2003—Subsec. (a)(1). Puspan. L. 108–159, § 811(c)(1), substituted “(1) Cases” for “(1) cases”.

Subsec. (a)(2). Puspan. L. 108–159, § 811(c)(2)(A), made technical correction to directory language of Puspan. L. 105–347, § 5(1). See 1998 Amendment note below.

Subsec. (a)(6). Puspan. L. 108–159, § 412(span), added par. (6).

Subsec. (span). Puspan. L. 108–159, § 412(c), substituted “The provisions of paragraphs (1) through (5) of subsection (a)” for “The provisions of subsection (a)” in introductory provisions.

Subsec. (d). Puspan. L. 108–159, § 212(d), designated existing provisions as par. (1), inserted span, and added par. (2).

Subsec. (g). Puspan. L. 108–159, § 113, added subsec. (g).

Subsec. (h). Puspan. L. 108–159, § 315, added subsec. (h).

1998—Subsec. (a)(2). Puspan. L. 105–347, § 5(1), as amended by Puspan. L. 108–159, § 811(c)(2)(A), substituted “Civil suits, civil judgments, and records of arrest that” for “Suits and judgments which”.

Subsec. (a)(5), (6). Puspan. L. 105–347, § 5(2)–(4), redesignated par. (6) as (5), inserted “, other than records of convictions of crimes” after “of information”, and struck out former par. (5) which read as follows: “Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years.”

1996—Puspan. L. 104–208, § 2406(e)(1), amended section catchline.

Subsec. (a). Puspan. L. 104–208, § 2406(a)(1), inserted span.

Subsec. (span). Puspan. L. 104–208, § 2406(a)(2), substituted “$150,000” for “$50,000” in pars. (1) and (2) and “$75,000” for “$20,000” in par. (3).

Subsec. (c). Puspan. L. 104–208, § 2406(span), added subsec. (c).

Subsec. (d). Puspan. L. 104–208, § 2406(c), added subsec. (d).

Subsecs. (e), (f). Puspan. L. 104–208, § 2406(d), added subsecs. (e) and (f).

1978—Subsec. (a)(1). Puspan. L. 95–598 substituted “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” for “Bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than fourteen years”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Puspan. L. 115–174 effective 1 year after May 24, 2018, see section 302(e) of Puspan. L. 115–174, set out as a note under section 1681a of this title.

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–203 effective on the designated transfer date, see section 1100H of Puspan. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Effective Date of 2003 Amendment

Amendment by Puspan. L. 108–159 subject to joint regulations establishing effective dates as prescribed by Federal Reserve Board and Federal Trade Commission, except as otherwise provided, see section 3 of Puspan. L. 108–159, set out as a note under section 1681 of this title.

Amendment by section 412 of Puspan. L. 108–159 effective at end of 15-month period beginning on Dec. 4, 2003, see section 412(g) of Puspan. L. 108–159, set out as a note under section 1681span of this title.

Puspan. L. 108–159, title VIII, § 811(c)(2)(B), Dec. 4, 2003, 117 Stat. 2011, provided that: “The amendment made by subparagraph (A) [amending this section] shall be deemed to have the same effective date as section 5(1) of Public Law 105–347 (112 Stat. 3211) [see Effective Date of 1998 Amendment note below].”

Effective Date of 1998 Amendment

Amendment by Puspan. L. 105–347 deemed to have same effective date as amendments made by section 2403 of Puspan. L. 104–208, see section 7 of Puspan. L. 105–347, set out as a note under section 1681a of this title.

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–208 effective 365 days after Sept. 30, 1996, with special rule for early compliance, see section 2420 of Puspan. L. 104–208, set out as a note under section 1681a of this title.

Effective Date of 1978 Amendment

Amendment by Puspan. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Puspan. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

Effective Date

Section effective upon the expiration of one hundred and eighty days following Oct. 26, 1970, see section 504(d) of Puspan. L. 90–321, as added by Puspan. L. 91–508, set out as a note under section 1681 of this title.

Verification of Veteran’s Medical Debt

Puspan. L. 115–174, title III, § 302(c), May 24, 2018, 132 Stat. 1334, provided that:

“(1)Definitions.—For purposes of this subsection—

“(A) the term ‘consumer reporting agency’ means a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)); and

“(B) the terms ‘veteran’ and ‘veteran’s medical debt’ have the meanings given those terms in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a), as added by subsection (span)(1).

“(2)Establishment.—Not later than 1 year after the date of enactment of this Act [May 24, 2018], the Secretary of Veterans Affairs shall establish a database to allow consumer reporting agencies to verify whether a debt furnished to a consumer reporting agency is a veteran’s medical debt.

“(3)Database features.—The Secretary of Veterans Affairs shall ensure that the database established under paragraph (2), to the extent permitted by law, provides consumer reporting agencies with—

“(A) sufficiently detailed and specific information to verify whether a debt being furnished to the consumer reporting agency is a veteran’s medical debt;

“(B) access to verification information in a secure electronic format;

“(C) timely access to verification information; and

“(D) any other features that would promote the efficient, timely, and secure delivery of information that consumer reporting agencies could use to verify whether a debt is a veteran’s medical debt.

“(4)Stakeholder input.—Prior to establishing the database for verification under paragraph (2), the Secretary of Veterans Affairs shall publish in the Federal Register a notice and request for comment that solicits input from consumer reporting agencies and other stakeholders.

“(5)Verification.—Provided the database established under paragraph (2) is fully functional and the data available to consumer reporting agencies, a consumer reporting agency shall use the database as a means to identify a veteran’s medical debt pursuant to paragraphs (7) and (8) of section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)), as added by subsection (span)(2).”