15 USC 1681 - Disclosures to consumers

1 See References in Text note below.

of this title); and

2 So in original. Probably should be “Bureau”.

summary of rights required

3 So in original. The word “an” probably should not appear.

affidavit of fact that is acceptable to the business entity for that purpose.

Editorial Notes

References in Text

Section 1681span(span)(4) of this title, referred to in subsec. (a)(3)(C)(i), was subsequently amended, and section 1681span(span)(4)(E) no longer defines the term “classified information”. However, such term is defined elsewhere in that section.

For the effective date of this subchapter, referred to in subsec. (span), see section 504(d) of Puspan. L. 90–321, set out as an Effective Date note under section 1681 of this title.

Section 211(c) of the Fair and Accurate Credit Transactions Act of 2003, referred to in subsec. (c)(1)(B)(v), probably means section 211(d) of Puspan. L. 108–159, which is set out as a note under section 1681j of this title and relates to the promulgation of regulations. Section 211(c) of Puspan. L. 108–159 amended this section.

Section 1681a(w) of this title, referred to in subsec. (c)(1)(B)(vi), was redesignated section 1681a(x) of this title by Puspan. L. 111–203, title X, § 1088(a)(1), July 21, 2010, 124 Stat. 2086.

Public Law 106–102, referred to in subsec. (e)(9)(A), is Puspan. L. 106–102, Nov. 12, 1999, 113 Stat. 1338, known as the Gramm-Leach-Bliley Act. Subtitle A of title V of the Act is classified principally to subchapter I (§ 6801 et seq.) of chapter 94 of this title. For complete classification of this Act to the Code, see Short Title of 1999 Amendment note set out under section 1811 of Title 12, Banks and Banking, and Tables.

Amendments

2010—Puspan. L. 111–203 substituted “the Bureau” for “the Commission” wherever appearing.

2003—Subsec. (a)(1). Puspan. L. 108–159, § 115, substituted “except that—

“(A) if the consumer to whom the file relates requests that the first 5 digits of the social security number (or similar identification number) of the consumer not be included in the disclosure and the consumer reporting agency has received appropriate proof of the identity of the requester, the consumer reporting agency shall so truncate such number in such disclosure; and

“(B) nothing”

for “except that nothing”.

Subsec. (a)(2), (3)(C). Puspan. L. 108–159, § 811(d), realigned margins.

Subsec. (a)(6). Puspan. L. 108–159, § 212(a), added par. (6).

Subsec. (c). Puspan. L. 108–159, § 211(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to the summary of rights required to be included with disclosure to consumers by consumer reporting agencies.

Subsecs. (d), (e). Puspan. L. 108–159, § 151(a)(1), added subsecs. (d) and (e).

Subsec. (f). Puspan. L. 108–159, § 212(span), added subsec. (f).

Subsec. (g). Puspan. L. 108–159, § 212(c), added subsec. (g).

1998—Subsec. (a)(3)(C). Puspan. L. 105–347 added subpar. (C).

1996—Subsec. (a). Puspan. L. 104–208, § 2408(e)(5)(A), in introductory provisions substituted “, and subject to section 1681h(a)(1) of this title” for “and proper identification of any consumer”.

Subsec. (a)(1). Puspan. L. 104–208, § 2408(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The nature and substance of all information (except medical information) in its files on the consumer at the time of the request.”

Subsec. (a)(3). Puspan. L. 104–208, § 2408(span), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “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.”

Subsec. (a)(5). Puspan. L. 104–208, § 2408(c), added par. (5).

Subsec. (c). Puspan. L. 104–208, § 2408(d)(1), added subsec. (c).

1994—Subsec. (a)(4). Puspan. L. 103–325 added par. (4).

Statutory Notes and Related Subsidiaries

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.

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

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.

Simplified Disclosure To Maximize Comprehensibility and Standardization

Puspan. L. 104–208, div. A, title II, § 2408(e)(2), (3), Sept. 30, 1996, 110 Stat. 3009–438, 3009–439, provided that:

“(2)Simplified disclosure.—Not later than 90 days after the date of enactment of this Act [Sept. 30, 1996], each consumer reporting agency shall develop a form on which such consumer reporting agency shall make the disclosures required under section 609(a) of the Fair Credit Reporting Act [15 U.S.C. 1681g(a)], for the purpose of maximizing the comprehensibility and standardization of such disclosures.

“(3)Goals.—The Federal Trade Commission shall take appropriate action to assure that the goals of comprehensibility and standardization are achieved in accordance with paragraph (2).”