Information excluded from consumer reports
Exempted cases
Running of reporting period
In general
The 7-year period referred to in paragraphs (4) and (6) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.
Effective date
Paragraph (1) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after .
Information required to be disclosed
Title 11 information
Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that arises under title 11 shall include in the report an identification of the chapter of such title 11 under which such case arises if provided by the source of the information. If any case arising or filed under title 11 is withdrawn by the consumer before a final judgment, the consumer reporting agency shall include in the report that such case or filing was withdrawn upon receipt of documentation certifying such withdrawal.
Key factor in credit score information
section 1681g(f)(2)(B) of this titleAny consumer reporting agency that furnishes a consumer report that contains any credit score or any other risk score or predictor on any consumer shall include in the report a clear and conspicuous statement that a key factor (as defined in ) that adversely affected such score or predictor was the number of enquiries, if such a predictor was in fact a key factor that adversely affected such score. This paragraph shall not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, but only to the extent that such company is engaged in such activities.
Indication of closure of account by consumer
section 1681s–2(a)(4) of this titleIf a consumer reporting agency is notified pursuant to that a credit account of a consumer was voluntarily closed by the consumer, the agency shall indicate that fact in any consumer report that includes information related to the account.
Indication of dispute by consumer
section 1681s–2(a)(3) of this title1
Truncation of credit card and debit card numbers
In general
Except as otherwise provided in this subsection, no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction.
Limitation
This subsection shall apply only to receipts that are electronically printed, and shall not apply to transactions in which the sole means of recording a credit card or debit card account number is by handwriting or by an imprint or copy of the card.
Effective date
Notice of discrepancy in address
In general
section 1681a(p) of this titleIf a person has requested a consumer report relating to a consumer from a consumer reporting agency described in , the request includes an address for the consumer that substantially differs from the addresses in the file of the consumer, and the agency provides a consumer report in response to the request, the consumer reporting agency shall notify the requester of the existence of the discrepancy.
Regulations
Regulations required
2
Policies and procedures to be included
Pub. L. 90–321, title VI, § 605Pub. L. 91–508, title VI, § 60184 Stat. 1129Pub. L. 95–598, title III, § 312(b)92 Stat. 2676Pub. L. 104–208, div. A, title II, § 2406(a)110 Stat. 3009–434Pub. L. 105–347, § 5112 Stat. 3211Pub. L. 108–159, title I, § 113117 Stat. 1959Pub. L. 111–203, title X, § 1088(a)(2)(D)124 Stat. 2087Pub. L. 115–174, title III, § 302(b)(2)132 Stat. 1333(, as added , , ; amended , , ; –(e)(1), , , 3009–435; , , ; , title II, § 212(d), title III, § 315, title IV, § 412(b), (c), title VIII, § 811(c)(1), (2)(A), , , 1977, 1996, 2002, 2011; , (5), , ; , , .)
Editorial Notes
References in Text
act July 1, 1898, ch. 54130 Stat. 544Pub. L. 95–59892 Stat. 2549The Bankruptcy Act, referred to in subsec. (a)(1), was , , which was classified to section 1 et seq. of former Title 11, Bankruptcy, prior to its repeal by , , , section 101 of which enacted revised Title 11.
section 302(c)(5) of Pub. L. 115–174Section 302(c)(5) of the Economic Growth, Regulatory Relief, and Consumer Protection Act, referred to in subsec. (a)(7), (8), is , which is set out as a note below.
Amendments
Pub. L. 115–1742018—Subsec. (a)(7), (8). added pars. (7) and (8).
Pub. L. 111–203, § 1088(a)(5)section 1681s of this title2010—Subsec. (h)(2)(A). , 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 ”.
Pub. 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”.
Pub. L. 108–159, § 811(c)(1)2003—Subsec. (a)(1). , substituted “(1) Cases” for “(1) cases”.
Pub. L. 108–159, § 811(c)(2)(A)Pub. L. 105–347, § 5(1)Subsec. (a)(2). , made technical correction to directory language of . See 1998 Amendment note below.
Pub. L. 108–159, § 412(b)Subsec. (a)(6). , added par. (6).
Pub. L. 108–159, § 412(c)Subsec. (b). , substituted “The provisions of paragraphs (1) through (5) of subsection (a)” for “The provisions of subsection (a)” in introductory provisions.
Pub. L. 108–159, § 212(d)Subsec. (d). , designated existing provisions as par. (1), inserted heading, and added par. (2).
Pub. L. 108–159, § 113Subsec. (g). , added subsec. (g).
Pub. L. 108–159, § 315Subsec. (h). , added subsec. (h).
Pub. L. 105–347, § 5(1)Pub. L. 108–159, § 811(c)(2)(A)1998—Subsec. (a)(2). , as amended by , substituted “Civil suits, civil judgments, and records of arrest that” for “Suits and judgments which”.
Pub. L. 105–347, § 5(2)Subsec. (a)(5), (6). –(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.”
Pub. L. 104–208, § 2406(e)(1)1996—, amended section catchline.
Pub. L. 104–208, § 2406(a)(1)Subsec. (a). , inserted heading.
Pub. L. 104–208, § 2406(a)(2)Subsec. (b). , substituted “$150,000” for “$50,000” in pars. (1) and (2) and “$75,000” for “$20,000” in par. (3).
Pub. L. 104–208, § 2406(b)Subsec. (c). , added subsec. (c).
Pub. L. 104–208, § 2406(c)Subsec. (d). , added subsec. (d).
Pub. L. 104–208, § 2406(d)Subsecs. (e), (f). , added subsecs. (e) and (f).
Pub. L. 95–5981978—Subsec. (a)(1). 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
Pub. L. 115–174section 302(e) of Pub. L. 115–174section 1681a of this titleAmendment by effective 1 year after , see , set out as a note under .
Effective Date of 2010 Amendment
Pub. L. 111–203section 1100H of Pub. L. 111–203section 552a of Title 5Amendment by effective on the designated transfer date, see , set out as a note under , Government Organization and Employees.
Effective Date of 2003 Amendment
Pub. L. 108–159section 3 of Pub. L. 108–159section 1681 of this titleAmendment by subject to joint regulations establishing effective dates as prescribed by Federal Reserve Board and Federal Trade Commission, except as otherwise provided, see , set out as a note under .
section 412 of Pub. L. 108–159section 412(g) of Pub. L. 108–159section 1681b of this titleAmendment by effective at end of 15-month period beginning on , see , set out as a note under .
Pub. L. 108–159, title VIII, § 811(c)(2)(B)117 Stat. 2011
Effective Date of 1998 Amendment
Pub. L. 105–347section 2403 of Pub. L. 104–208section 7 of Pub. L. 105–347section 1681a of this titleAmendment by deemed to have same effective date as amendments made by , see , set out as a note under .
Effective Date of 1996 Amendment
Pub. L. 104–208section 2420 of Pub. L. 104–208section 1681a of this titleAmendment by effective 365 days after , with special rule for early compliance, see , set out as a note under .
Effective Date of 1978 Amendment
Pub. L. 95–598section 402(a) of Pub. L. 95–598section 101 of Title 11Amendment by effective , see , set out as an Effective Date note preceding , Bankruptcy.
Effective Date
section 504(d) of Pub. L. 90–321Pub. L. 91–508section 1681 of this titleSection effective upon the expiration of one hundred and eighty days following , see , as added by , set out as a note under .
Verification of Veteran’s Medical Debt
Pub. L. 115–174, title III, § 302(c)132 Stat. 1334