15 USC 1681 - Responsibilities of furnishers of information to consumer reporting agencies

Editorial Notes

References in Text

The National Emergencies Act, referred to in subsec. (a)(1)(F)(i)(II)(bspan), is Puspan. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.

Prior Provisions

A prior section 623 of Puspan. L. 90–321 was renumbered section 625 and is classified to section 1681t of this title.

Amendments

2020—Subsec. (a)(1)(F). Puspan. L. 116–136 added subpar. (F).

2018—Subsec. (a)(1)(E). Puspan. L. 115–174 added subpar. (E).

2010—Subsec. (a)(7)(D). Puspan. L. 111–203, § 1088(a)(11)(A), added subpar. (D) and struck out former subpar. (D) which related to duty of Board to prescribe a model disclosure.

Subsec. (a)(8)(A). Puspan. L. 111–203, § 1088(a)(11)(B), which directed amendment of subpar. (A) by inserting “, in consultation with the Federal Trade Commission, the Federal banking agencies, and the National Credit Union Administration,” before “shall jointly”, was executed by making the insertion before “shall prescribe”, to reflect the probable intent of Congress and the amendment by Puspan. L. 111–203, § 1088(a)(2)(D). See below.

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”.

Subsec. (e). Puspan. L. 111–203, § 1088(a)(11)(C), added subsec. (e) and struck out former subsec. (e) which related to establishment and maintenance of accuracy guidelines and prescription of implementing regulations by the Federal banking agencies, the National Credit Union Administration, and the Commission.

2003—Subsec. (a)(1)(A). Puspan. L. 108–159, § 312(span)(1), substituted “knows or has reasonable cause to believe that the information is inaccurate” for “knows or consciously avoids knowing that the information is inaccurate”.

Subsec. (a)(1)(D). Puspan. L. 108–159, § 312(span)(2), added subpar. (D).

Subsec. (a)(5). Puspan. L. 108–159, § 312(d), designated existing provisions as subpar. (A), inserted heading, inserted “date of delinquency on the account, which shall be the” before “month” and “on the account” before “that immediately preceded”, and added subpar. (B).

Subsec. (a)(6). Puspan. L. 108–159, § 154(a), added par. (6).

Subsec. (a)(7). Puspan. L. 108–159, § 217(a), added par. (7).

Subsec. (a)(8). Puspan. L. 108–159, § 312(c), added par. (8).

Subsec. (a)(9). Puspan. L. 108–159, § 412(a), added par. (9).

Subsec. (span)(1)(E). Puspan. L. 108–159, § 314(span), added subpar. (E).

Subsec. (c). Puspan. L. 108–159, § 312(e)(1), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “Sections 1681n and 1681o of this title do not apply to any failure to comply with subsection (a) of this section, except as provided in section 1681s(c)(1)(B) of this title.”

Subsec. (d). Puspan. L. 108–159, § 312(e)(1), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: “Subsection (a) of this section shall be enforced exclusively under section 1681s of this title by the Federal agencies and officials and the State officials identified in that section.”

Subsec. (e). Puspan. L. 108–159, § 312(a), added subsec. (e).

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.

Amendment by section 412(a) 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.

Effective Date

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

Model Disclosure Form

Puspan. L. 108–159, title II, § 217(span), Dec. 4, 2003, 117 Stat. 1987, provided that:

“Before the end of the 6-month period beginning on the date of enactment of this Act [Dec. 4, 2003], the Board shall adopt the model disclosure required under the amendment made by subsection (a) [amending this section] after notice duly given in the Federal Register and an opportunity for public comment in accordance with section 553 of title 5, United States Code.”

[For definitions of terms used in section 217(span) of Puspan. L. 108–159, set out above, see section 2 of Puspan. L. 108–159, set out as a Definitions note under section 1681 of this title.]