15 U.S.C. § 1681e | Compliance procedures

(a)

Identity and purposes of credit users

section 1681c of this title section 1681b of this title section 1681b of this titleEvery consumer reporting agency shall maintain reasonable procedures designed to avoid violations of and to limit the furnishing of consumer reports to the purposes listed under . 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 .

(b)

Accuracy of report

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.

(c)

Disclosure of consumer reports by users allowed

A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.

(d)

Notice to users and furnishers of information

(1)

Notice requirement

A consumer reporting agency shall provide to any person—

(A)

who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer; or

(B)

to whom a consumer report is provided by the agency;

a notice of such person’s responsibilities under this subchapter.

(2)

Content of notice

The Bureau shall prescribe the content of notices under paragraph (1), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph (1) that is substantially similar to the Bureau prescription under this paragraph.

(e)

Procurement of consumer report for resale

(1)

Disclosure

A person may not procure a consumer report for purposes of reselling the report (or any information in the report) unless the person discloses to the consumer reporting agency that originally furnishes the report—

(A)

the identity of the end-user of the report (or information); and

(B)

section 1681b of this title each permissible purpose under for which the report is furnished to the end-user of the report (or information).

(2)

Responsibilities of procurers for resale

A person who procures a consumer report for purposes of reselling the report (or any information in the report) shall—

(A)

section 1681b of this title establish and comply with reasonable procedures designed to ensure that the report (or information) is resold by the person only for a purpose for which the report may be furnished under , including by requiring that each person to which the report (or information) is resold and that resells or provides the report (or information) to any other person—

(i)

identifies each end user of the resold report (or information);

(ii)

certifies each purpose for which the report (or information) will be used; and

(iii)

certifies that the report (or information) will be used for no other purpose; and

(B)

before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph (A).

(3)

Resale of consumer report to a Federal agency or department

Notwithstanding paragraph (1) or (2), a person who procures a consumer report for purposes of reselling the report (or any information in the report) shall not disclose the identity of the end-user of the report under paragraph (1) or (2) if—

(A)

1 See References in Text note below.

the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information (as defined in section 1681b(b)(4)(E)(i)  of this title); and

(B)

the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department.

Pub. L. 90–321, title VI, § 607 Pub. L. 91–508, title VI, § 601Oct. 26, 197084 Stat. 1130 Pub. L. 104–208, div. A, title II, § 2407Sept. 30, 1996110 Stat. 3009–435 Pub. L. 105–107, title III, § 311(b)Nov. 20, 1997111 Stat. 2256 Pub. L. 111–203, title X, § 1088(a)(2)(A)July 21, 2010124 Stat. 2087 (, as added , , ; amended , , ; , , ; , , .)

Editorial Notes

References in Text

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

Amendments

Pub. L. 111–2032010—Subsec. (d)(2). substituted “Bureau” for “Federal Trade Commission” in two places.

Pub. L. 105–1071997—Subsec. (e)(3). added par. (3).

Pub. L. 104–2081996—Subsecs. (c) to (e). added subsecs. (c) to (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–203 section 1100H of Pub. L. 111–203 section 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 1997 Amendment

Pub. L. 105–107 Pub. L. 104–208Sept. 30, 1996section 311(c) of Pub. L. 105–107 section 1681b of this titleAmendment by effective as if included in chapter 1 of subtitle D of the Economic Growth and Regulatory Paperwork Reduction Act of 1996, , as of , see , set out as a note under .

Effective Date of 1996 Amendment

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

Effective Date

Oct. 26, 1970section 504(d) of Pub. L. 90–321 Pub. L. 91–508 section 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 .