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CONSUMER CREDIT REPORTING
A copy of the main body of the Consumer Credit Reporting
Act as it relates to credit repair is presented below.
It is included so you know exactly how the law is written.
Section 601. Short title
This title may be cited as the Fair Credit Reporting
Act
Section 602. Findings and purpose
(a) The Congress makes the following findings:
(1) The banking system is dependent upon fair and accurate
credit reporting. Inaccurate credit reports directly
impair the efficiency of the banking system, and unfair
credit reporting methods undermine the public confidence
which is essential to the continued functioning of the
banking system. (2) An elaborate mechanism has been
developed for investigating and evaluating creditworthiness,
credit standing, credit capacity, character, and general
reputation of consumers. (3) Consumer reporting agencies
have assumed a vital role in assembling and evaluating
consumer credit and other information on consumers.
(4) There is a need to insure that consumer reporting
agencies exercise their grave responsibilities with
fairness, impartiality, and a respect for a consumer's
right to privacy.
(b) It is the purpose of this title to require that
consumer reporting agencies adopt reasonable procedures
for meeting the needs of commerce for consumer credit,
personnel, insurance, and other information in a manner
which is fair and equitable to the consumer, with regard
to the confidentiality, accuracy, relevancy, and proper
utilization of such information in accordance with the
requirements of this title.
Section 603. Definitions and rules of construction
(a) Definitions and rules of construction set forth
in this section are applicable for the purposes of this
title
(b) The term 'person' means any individual, partnership,
corporation, trust, estate, cooperative, association,
government or governments] subdivision or agency, or
other entity.
(c) The term 'consumer' means an individual.
(d) The term 'consumer report' means any written, oral,
or other communication of any information by a consumer
reporting agency hewing on a consumer's credit worthiness,
credit standing, credit capacity, character, general
reputation, personal characteristics, or mode of living
which is used or expected to be used or collected in
whole or in pan for the purpose of serving as a factor
in establishing the consumer's eligibility for (1) credit
or insurance to be used primarily for personal, family,
or household purposes, or (2) employment purposes, or
(3) other purposes authorized under section 604. The
term does not include (A) my report containing information
solely as to transactions or experiences between the
consumer and the person making the report; (B) any authorization
or approval of a specific extension of credit directly
or indirectly by the issuer of a credit card or similar
device; or (C) any report in which a person who has
been requested by a third party to make a specific extension
of credit directly or indirectly to a consumer conveys
his decision with respect to such request, if the third
party advises the consumer of the name and address of
the person to whom the request was made and such person
makes the disclosures to the consumer required under
section 615
(e) The term 'investigative consumer report' means a
consumer report or portion thereof in which information
on a consumer's character, general reputation, personal
characteristics, or mode of living is obtained through
personal interviews with neighbors, friends, or associates
of the consumer reported on or with others with whom
he is acquainted or who may have knowledge concerning
any such items of information. However, such information
shall not include specific factual information on a
consumer's credit record obtained directly from a creditor
of the consumer or from a consumer reporting agency
when such information was obtained directly from a creditor
of the consumer or from the consumer.
(f) The term 'consumer reporting agency' means any person
which, for monetary fees, does, or on a cooperative
nonprofit basis, regularly engages in whole or in part
in the practice of assembling or evaluating consumer
credit information or other information on consumers
for the purpose of furnishing consumer reports to third
parties, and which uses any means or facility of interstate
commerce for the purpose of preparing or furnishing
consumer reports.
Section 604. Permissible purposes of reports
A consumer reporting agency may furnish a consumer report
under the following circumstances and no other
(I ) In response to the order of a court having jurisdiction
to issue such an order.
(2) In accordance with the written instructions of the
consumer to whom it relates.
(3) To a person which it has reason to believe--
(A) intends to use the information in connection with
a credit transaction involving the consumer on whom
the information is to be furnished and involving the
extension of credit to, or review or collection of an
account of the consumer; or
(B) intends to use the information for employment purposes;
or
(C) intends to use the information in connection with
the underwriting of insurance involving the consumer;
or
(D) intends to use the information in connection with
a determination of the consumer's eligibility for a
license or other benefit granted by a governmental instrumentality
required by law to consider an applicant's financial
responsibility or status; or
(E) otherwise has a legitimate business need for the
information in connection with a business transaction
involving the consumer.
Section 605. Obsolete information
(a) Except as authorized under subsection (b), no consumer
reporting agency may make any consumer report containing
any of the following items of information
( 1) Cases under title II of the United States Code
or under the Bankruptcy Act that, from the date of entry
of the order for relief or the date of adjudication,
as the cause may be, antedate, the report by more than
10 years.
(2) Suits and judgments which, 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) Records of arrest, indictment, or conviction of
come, which, from date of disposition, release, or parole,
antedate the report by more than seven years.
(6) Any other adverse item of information which antedates
the report by more than seven years.
(b) The provisions of subsection (a) 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 $50,000
or more;
(2) the underwriting of life insurance involving, or
which may reasonably be expected to involve, a face
amount of $50,000 or more; or (3) the employment of
any individual at an annual salary which equals, or
which may reasonably be expected to equal $20,000, or
more.
Section 606. Disclosure of investigative consumer
reports
(a) A person may not procure or cause to be prepared
an investigative consumer report on any consumer unless--
(1 ) it is clearly and accurately disclosed to the consumer
than an investigative consumer report including information
as to his character, general reputation, personal characteristics,
and mode of living, whichever are applicable, may be
made, and such disclosure (A) is made in a writing mailed,
or otherwise delivered, to the consumer, not later than
three days after the date on which the report was first
requested, and (B) includes a statement informing the
consumer of his fight to request the additional disclosures
provided for under subsection (b) of this section; or
(2) the report is to be used for employment purposes
for which the Consumer has no specifically applied.
(b) Any person who procures or causes to be prepared
an investigative consumer report on any consumer shall,
upon written request made by the consumer within a reasonable
period of time after the receipt by him of the disclosure
required by subsection (a)(1), shall make a complete
and accurate disclosure of the nature and scope of the
investigation requested. This disclosure shall be made
in a writing mailed, or otherwise delivered, to the
consumer not later than five days after the date on
which the request for such disclosure was received from
the consumer or such report was first requested, whichever
is the later.
(c) No person may be held liable for any violation of
subsection (a) or (b) of this section if he shows by
a preponderance of the evidence that at the time of
the violation he maintained reasonable procedures to
assure compliance with subsection (a) or (b),
Section 607. Compliance procedures
(a) Every consumer reporting agency shall maintain reasonable
procedures designed to avoid violations of section 605
and to limit the furnishing of consumer reports to the
purposes listed under section 604. These procedures
shall require that prospective users of the information
identify themselves, certify the purposes for which
the information is sought, and certify that the information
will be used for no other purpose. Every consumer reporting
agency shall make a reasonable effort to verify the
identity of a new prospective user and the uses certified
by such prospective user prior to furnishing such user
a consumer report. No consumer reporting agency may
furnish a consumer report to any person if it has reasonable
grounds for believing that the consumer report will
not be used for a purpose listed in section 604.
(b) Whenever a consumer reporting agency prepares a
consumer report it shall follow reasonable procedures
to assure maximum possible accuracy of the information
concerning the individual about whom the report relates.
Section 608. Disclosures to governmental agencies
Notwithstanding the provisions of section 604, a Consumer
reporting agency may furnish identifying information
respecting any consumer, limited to his name, address,
former address, places of employment, or former places
of employment, to a governmental agency.
Section 609. Disclosures to consumers
(a) Every consumer reporting agency shall, upon request
and proper identification of any consumer, clearly and
accurately disclose to the consumer
(1) The nature and substance of all information (except
medical information in its files on the consumer at
the time of the request.
(2) The sources of the information; except that the
sources of information acquired solely for use in preparing
an investigative consumer report and actually used for
no other purpose need not he disclosed: Provided, That
in the event an action is brought under this title,
such sources shall be available to the plaintiff under
appropriate discovery procedures in the coot( in which
the action is brought.
(3) The recipients of my consumer report on the consumer
which it has furnished- -
(A) for employment purposes within a two-year period
preceding the request, and
(B) for my other purpose within the six-month period
preceding the request.
(b) The requirements of subsection (a) respecting the
disclosure of sources if information and the recipients
of consumer reports do not apply to information received
or consumer reports furnished prior to the effective
date of this title except to the extent that the matter
involved is contained in the files of the consumer reporting
agency on that date.
Section 610. Conditions of disclosure to consumers
(a) A consumer reporting agency shall make the disclosures
required under section 609 during normal business hours
and on reasonable notice.
(b) The disclosures required under section 609 shall
be made to the consumer--
(1) in person if he appears in person and furnishes
proper identification; or
(2) by telephone if he has made a written request, with
proper identification, for telephone disclosure and
the toll charge, if any, for the telephone call is prepaid
by or charged directly to the consumer.
(c) Any consumer reporting agency shall provide trained
personnel to explain to the consumer my information
furnished to him pursuant to section 609.
(d) The consumer shall be permitted to be accompanied
by one other person of his choosing, who shall furnish
reasonable identification. A consumer reporting agency
may require the consumer to furnish a written statement
granting permission to the consumer reporting agency
to discuss the consumer's file in such person's presence.
(e) Except as provided in sections 616 and 617, no consumer
my bring my action or proceeding in the nature of defamation,
invasion of privacy, or negligence with respect to the
reporting of information against any consumer reporting
agency, any user of information, or any person who furnishes
information to a consumer reporting agency, based on
information disclosed pursuant to section 609, 610,
or 615, except as to false information furnished with
malice or willful intent to injure such consumer.
Section 611. Procedure in case of disputed accuracy
(a) If the completeness or accuracy of any item of information
contained in his file is disputed by a consumer, and
such dispute is directly conveyed to the consumer reporting
agency by the consumer, the consumer reporting agency
shall within a reasonable period of time re investigate
and record the current status of that information unless
it has reasonable grounds to believe that the dispute
by the consumer is frivolous or irrelevant. If after
such reinvestigation such information is found to be
inaccurate or can no longer be verified, the consumer
reporting agency shall promptly delete such information.
The presence of contradictory information in the consumer's
file does not in and of itself constitute reasonable
grounds for believing the dispute is frivolous or irrelevant.
(b) If the reinvestigation does not resolve the dispute,
the consumer may file a brief statement setting forth
the nature of the dispute. The consumer reporting agency
may limit such statements to not mom than one hundred
words if it provides the consumer with assistance in
writing a clear summary of the dispute.
(c) Whenever a statement of a dispute is filed, unless
there is reasonable grounds to believe that it is frivolous
or irrelevant, the consumer reporting agency shall,
in my subsequent consumer report containing the information
in question, clearly note that it is disputed by the
consumer and provide either the consumers statement
or a clear and accurate codification or summary thereof.
(d) Following any deletion of information which is found
to be inaccurate or whose accuracy can no longer be
verified or any notation as to disputed information,
the consumer reporting agency shall, at the request
of the consumer, furnish notification that the item
has been deleted or the statement. codification or summary
pursuant to subsection (b) or (c) to any person specifically
designated by the consumer who has within two years
prior thereto received a consumer report for employment
purposes, or within six months prior thereto received
a consumer report for any other purpose, which contained
the deleted or disputed information, The consumer reporting
agency shall clearly and conspicuously disclose to the
consumer his rights to make such a request. Such disclosure
shall be made at or prior to the time the information
is deleted or the consumer's statement regarding the
disputed information is received.
Section 612. Charges for certain disclosures
A consumer reporting agency shall make all disclosures
pursuant to section 609 and furnish all consumer reports
pursuant to section 61 1 (d) without charge to the customer
if, within thirty days after receipt by such consumer
of a notification pursuant to section 615 or notification
from a debt collection agency affiliated with such consumer
reporting agency stating that the consumer's credit
rating may be or has been adversely affected, the consumer
makes a request under section 609 or 611 (d). Otherwise,
the consumer reporting agency may impose a reasonable
charge on the consumer for making disclosure to such
consumer pursuant to section 609, the charge for which
shall be indicated to the consumer prior to making disclosure;
and for furnishing notifications, statements, summaries,
or codifications to person designated by the consumer
pursuant to section 61 1 (d), the charge for which shall
be indicated to the consumer prior to furnishing such
information and shall not exceed the charge that the
consumer reporting agency would impose on each designated
recipient for a consumer report except that no charge
may be made for notifying such persons of the deletion
of information which is found to be inaccurate or which
can no longer be verified.
Section 613. Public record information for employment
purposes
A consumer reporting agency which furnishes a consumer
report for employment purposes and which for that purpose
compiles and reports items of information on consumers
which are matters of public record and are likely to
have an adverse effect upon a consumer's ability to
obtain employment shall--
(1) at the time such public record information is reported
to the user of such consumer report, notify the consumer
of the fact that public record information is being
reported by the consumer reporting agency, together
with the name and address of the person to whom such
information is being reported; or
(2) maintain strict procedures designed to insure that
whenever public record information which is likely to
have an adverse effect on a consumer's ability to obtain
employment is reported it is complete and up to date.
For purposes of this paragraph, items of public record
relating to arrests, indictments, convictions, suits,
tax liens, and outstanding judgments shall be considered
up to date if the current public record status of the
item at the time of the report is reported.
Section 614. Restrictions on investigative consumer
reports
Whenever a consumer reporting agency prepares an investigative
consumer report, no adverse information in the consumer
report (other than information which is a matter of
public record) may be included in a subsequent consumer
report unless such adverse information has been verified
in the process of making such subsequent consumer report,
or the adverse information was received within the three-month
period preceding the date the subsequent report is furnished,
Section 615. Requirements on users of consumer reports
(a) Whenever credit or insurance for personal, family,
or household purposes, or employment involving a consumer
is denied or the charge for such credit or insurance
is increased either wholly or partly because of information
contained in a consumer report from a consumer reporting
agency, the user of the consumer report shall so advise
the consumer against whom such adverse action has been
taken and supply the name and address of the consumer
reporting agency making the report.
(b) Whenever credit for personal, family, or household
purposes involving a consumer is denied or the charge
for such credit is increased wither wholly or partly
because of information obtained from a person other
than a consumer reporting agency bearing upon the consumer's
credit worthiness, credit standing, credit capacity,
character, general reputation, personal characteristics,
or mode of living, the user of such information shall,
within a reasonable period of time, upon the consumer's
written request for the reasons for such adverse action
received within sixty days after learning of such adverse
action, disclose the nature of the information to the
consumer. The user of such information shall clearly
and accurately disclose to the consumer his right to
make such written request at the time such adverse action
is communicated to the consumer.
(c) No person shall be held liable for any violations
of this section if he shows by a preponderance of the
evidence that at the time of the alleged violation,
he maintained reasonable procedures to assure compliance
with the provisions of subsections (a) and (b).
Section 616. Civil liability for willful noncompliance
Any consumer reporting agency or user of information
which willfully fails to comply with any requirement
imposed under this title with respect to any consumer
is liable to that consumer in an amount equal to the
sum of--
(1) any actual damages sustained by the consumer as
a result of the failure;
(2) such amount of punitive damages as the court may
allow; and
(3) in the case of any successful action to enforce
any liability
under this section, the costs of the action together
with reasonable attorneys fees as determined by the
court.
Section 617. Civil liability for negligent noncompliance
Any consumer reporting agency or user of information
which is negligent in failing to comply with any requirement
imposed under this title with respect to my consumer
is liable to that consumer in an amount equal to the
sum of--
(] ) any actual damages sustained by the consumer as
a result of the failure;
(2)in the case of any successful action to enforce any
liability under this section, the costs of the action
together with reasonable attorney's fees as determined
by the court.
Section 618. Jurisdiction of courts; limitation of
actions
An action to enforce any liability created under this
title may be brought in any appropriate United States
district court without regard to the amount in controversy,
or in my other court of competent jurisdiction, within
two years from the date on which the liability arises,
except that where a defendant has materially and willfully
misrepresented any information required under this title
to be disclosed to an individual and the information
so misrepresented is material to the establishment of
the defendants liability to that individual under this
title, the action may be brought at any time within
two years after the discovery by the individual of the
misrepresentation.
Section 619. Obtaining information under false pretenses
Any person who knowingly and willfully obtains information
on a consumer from a consumer reporting agency under
false pretenses shall be fined not mom than $5,000 or
imprisoned not mom than one year, or both.
Section 620. Unauthorized disclosures by officers
or employees
Any officer or employee of a consumer reporting agency
who knowingly and willfully provides information concerning
an individual from the agency's files to a person not
authorized to receive that information shall be fined
not mom than $5,000 or imprisoned not more than one
year, or both.
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