15 U.S.C. § 1681j | Charges for certain disclosures

(a)

Free annual disclosure

(1)

Nationwide consumer reporting agencies

(A)

In general

1 See References in Text note below.

section 1681a of this title section 1681g of this titleAll consumer reporting agencies described in subsections (p) and (w)  of shall make all disclosures pursuant to once during any 12-month period upon request of the consumer and without charge to the consumer.

(B)

Centralized source

section 1681a(p) of this title¹Subparagraph (A) shall apply with respect to a consumer reporting agency described in only if the request from the consumer is made using the centralized source established for such purpose in accordance with section 211(c)  of the Fair and Accurate Credit Transactions Act of 2003.

(C)

Nationwide specialty consumer reporting agency

(i)

In general

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

¹The Commission  shall prescribe regulations applicable to each consumer reporting agency described in section 1681a(w)  of this title to require the establishment of a streamlined process for consumers to request consumer reports under subparagraph (A), which shall include, at a minimum, the establishment by each such agency of a toll-free telephone number for such requests.

(ii)

Considerations

In prescribing regulations under clause (i), the Bureau shall consider—

(I)

the significant demands that may be placed on consumer reporting agencies in providing such consumer reports;

(II)

appropriate means to ensure that consumer reporting agencies can satisfactorily meet those demands, including the efficacy of a system of staggering the availability to consumers of such consumer reports; and

(III)

the ease by which consumers should be able to contact consumer reporting agencies with respect to access to such consumer reports.

(iii)

Date of issuance

²December 4, 2003The Commission  shall issue the regulations required by this subparagraph in final form not later than 6 months after .

(iv)

Consideration of ability to comply

¹The regulations of the Bureau under this subparagraph shall establish an effective date by which each nationwide specialty consumer reporting agency (as defined in section 1681a(w)  of this title) shall be required to comply with subsection (a), which effective date—

(I)

shall be established after consideration of the ability of each nationwide specialty consumer reporting agency to comply with subsection (a); and

(II)

shall be not later than 6 months after the date on which such regulations are issued in final form (or such additional period not to exceed 3 months, as the Bureau determines appropriate).

(2)

Timing

A consumer reporting agency shall provide a consumer report under paragraph (1) not later than 15 days after the date on which the request is received under paragraph (1).

(3)

Reinvestigations

section 1681i(a)(1) of this titleNotwithstanding the time periods specified in , a reinvestigation under that section by a consumer reporting agency upon a request of a consumer that is made after receiving a consumer report under this subsection shall be completed not later than 45 days after the date on which the request is received.

(4)

Exception for first 12 months of operation

This subsection shall not apply to a consumer reporting agency that has not been furnishing consumer reports to third parties on a continuing basis during the 12-month period preceding a request under paragraph (1), with respect to consumers residing nationwide.

(b)

Free disclosure after adverse notice to consumer

section 1681g of this title section 1681m of this title section 1681g of this titleEach consumer reporting agency that maintains a file on a consumer shall make all disclosures pursuant to without charge to the consumer if, not later than 60 days after receipt by such consumer of a notification pursuant to , or of a notification from a debt collection agency affiliated with that consumer reporting agency stating that the consumer’s credit rating may be or has been adversely affected, the consumer makes a request under .

(c)

Free disclosure under certain other circumstances

section 1681g of this titleUpon the request of the consumer, a consumer reporting agency shall make all disclosures pursuant to once during any 12-month period without charge to that consumer if the consumer certifies in writing that the consumer—

(1)

is unemployed and intends to apply for employment in the 60-day period beginning on the date on which the certification is made;

(2)

is a recipient of public welfare assistance; or

(3)

has reason to believe that the file on the consumer at the agency contains inaccurate information due to fraud.

(d)

Free disclosures in connection with fraud alerts

section 1681a(p) of this title section 1681g of this title section 1681c–1 of this titleUpon the request of a consumer, a consumer reporting agency described in shall make all disclosures pursuant to without charge to the consumer, as provided in subsections (a)(2) and (b)(2) of , as applicable.

(e)

Other charges prohibited

A consumer reporting agency shall not impose any charge on a consumer for providing any notification required by this subchapter or making any disclosure required by this subchapter, except as authorized by subsection (f).

(f)

Reasonable charges allowed for certain disclosures

(1)

In general

In the case of a request from a consumer other than a request that is covered by any of subsections (a) through (d), a consumer reporting agency may impose a reasonable charge on a consumer—

(A)

section 1681g of this title for making a disclosure to the consumer pursuant to , which charge—

(i)

shall not exceed $8; and

(ii)

shall be indicated to the consumer before making the disclosure; and

(B)

section 1681i(d) of this title section 1681i(a) of this title section 1681i(a) of this title for furnishing, pursuant to , following a reinvestigation under , a statement, codification, or summary to a person designated by the consumer under that section after the 30-day period beginning on the date of notification of the consumer under paragraph (6) or (8) of with respect to the reinvestigation, which charge—

(i)

shall not exceed the charge that the agency would impose on each designated recipient for a consumer report; and

(ii)

shall be indicated to the consumer before furnishing such information.

(2)

Modification of amount

The Bureau shall increase the amount referred to in paragraph (1)(A)(i) on January 1 of each year, based proportionally on changes in the Consumer Price Index, with fractional changes rounded to the nearest fifty cents.

(g)

Prevention of deceptive marketing of credit reports

(1)

In general

Subject to rulemaking pursuant to section 205(b) of the Credit CARD Act of 2009, any advertisement for a free credit report in any medium shall prominently disclose in such advertisement that free credit reports are available under Federal law at: “AnnualCreditReport.com” (or such other source as may be authorized under Federal law).

(2)

Television and radio advertisement

3 So in original. Probably should be “television”.

In the case of an advertisement broadcast by television, the disclosures required under paragraph (1) shall be included in the audio and visual part of such advertisement. In the case of an advertisement broadcast by televison  or radio, the disclosure required under paragraph (1) shall consist only of the following: “This is not the free credit report provided for by Federal law”.

Pub. L. 90–321, title VI, § 612 Pub. L. 91–508, title VI, § 601Oct. 26, 197084 Stat. 1132 Pub. L. 104–208, div. A, title II, § 2410Sept. 30, 1996110 Stat. 3009–442 Pub. L. 108–159, title II, § 211(a)Dec. 4, 2003117 Stat. 1968 Pub. L. 111–24, title II, § 205(a)May 22, 2009123 Stat. 1747 Pub. L. 111–203, title X, § 1088(a)(2)(A)July 21, 2010124 Stat. 2087(, as added , , ; amended , , ; , , ; , , ; , (C), , .)

Editorial Notes

References in Text

Section 1681a(w) of this title section 1681a(x) of this title Pub. L. 111–203, title X, § 1088(a)(1)July 21, 2010124 Stat. 2086, referred to in subsec. (a)(1)(A), (C)(i), (iv), was redesignated by , , .

section 211(d) of Pub. L. 108–159 Section 211(c) of Pub. L. 108–159 section 1681g of this titleSection 211(c) of the Fair and Accurate Credit Transactions Act of 2003, referred to in subsec. (a)(1)(B), probably means , which is set out as a note below and relates to the establishment of a centralized source. amended .

section 205(b) of Pub. L. 111–24Section 205(b) of the Credit CARD Act of 2009, referred to in subsec. (g), is , which is set out as a note below.

Amendments

Pub. L. 111–203, § 1088(a)(2)(A)Subsec. (f)(2). , substituted “Bureau” for “Federal Trade Commission”.

Pub. L. 111–242009—Subsec. (g). added subsec. (g).

Pub. L. 108–159, § 211(a)(2)2003—Subsec. (a). , added subsec. (a). Former subsec. (a) redesignated (f).

Pub. L. 108–159, § 211(a)(4)Subsec. (d). , added subsec. (d). Former subsec. (d) redesignated (e).

Pub. L. 108–159, § 211(a)(3)Subsec. (e). , (5), redesignated subsec. (d) as (e) and substituted “subsection (f)” for “subsection (a)”.

Pub. L. 108–159, § 211(a)(1)Subsec. (f). , (6), redesignated subsec. (a) as (f) and substituted “In the case of a request from a consumer other than a request that is covered by any of subsections (a) through (d), a” for “Except as provided in subsections (b), (c), and (d), a” in par. (1).

Pub. L. 104–208 section 1681g of this title section 1681i(d) of this title section 1681m of this title section 1681g of this title section 1681i(d) of this title1996— amended section generally. Prior to amendment, section read as follows: “A consumer reporting agency shall make all disclosures pursuant to and furnish all consumer reports pursuant to without charge to the consumer if, within thirty days after receipt by such consumer of a notification pursuant to 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 1681g or 1681i(d) of this title. Otherwise, the consumer reporting agency may impose a reasonable charge on the consumer for making disclosure to such consumer pursuant to , 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 , 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.”

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 2009 Amendment

Pub. L. 111–24May 22, 2009section 3 of Pub. L. 111–24 section 1602 of this titleAmendment by effective 9 months after , except as otherwise specifically provided, see , set out as a note under .

Effective Date of 2003 Amendment

Pub. L. 108–159 section 3 of Pub. L. 108–159 section 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 .

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 .

Regulations

Pub. L. 111–24, title II, § 205(b)May 22, 2009123 Stat. 1747

“(1)

In general .—

May 22, 2009Not later than 9 months after the date of enactment of this Act [], the Federal Trade Commission shall issue a final rule to carry out this section.

“(2)

Content .—

The rule required by this subsection—

“(A)

shall include specific wording to be used in advertisements in accordance with this section; and

“(B)

15 U.S.C. 1681j(g)(1) for advertisements on the Internet, shall include whether the disclosure required under section 612(g)(1) of the Fair Credit Reporting Act [] (as added by this section) shall appear on the advertisement or the website on which the free credit report is made available.

“(3)

Interim disclosures .—

15 U.S.C. 1681j(g)If an advertisement subject to section 612(g) of the Fair Credit Reporting Act [], as added by this section, is made public after the 9-month deadline specified in paragraph (1), but before the rule required by paragraph (1) is finalized, such advertisement shall include the disclosure: ‘Free credit reports are available under Federal law at: “AnnualCreditReport.com”.’ ”

, , , provided that:

Pub. L. 108–159, title II, § 211(d)Dec. 4, 2003117 Stat. 1972 Pub. L. 111–203, § 1088(b)(2)July 21, 2010124 Stat. 2092

“(1)

In general .—

15 U.S.C. 1681a(p)The Bureau [probably means the Bureau of Consumer Financial Protection] shall prescribe regulations applicable to consumer reporting agencies described in section 603(p) of the Fair Credit Reporting Act [], to require the establishment of—

“(A)

15 U.S.C. 1681j(a) a centralized source through which consumers may obtain a consumer report from each such consumer reporting agency, using a single request, and without charge to the consumer, as provided in section 612(a) of the Fair Credit Reporting Act [] (as amended by this section); and

“(B)

a standardized form for a consumer to make such a request for a consumer report by mail or through an Internet website.

“(2)

Considerations .—

In prescribing regulations under paragraph (1), the Bureau shall consider—

“(A)

the significant demands that may be placed on consumer reporting agencies in providing such consumer reports;

“(B)

“(C)

the ease by which consumers should be able to contact consumer reporting agencies with respect to access to such consumer reports.

“(3)

Centralized source .—

The centralized source for a request for a consumer report from a consumer required by this subsection shall provide for—

“(A)

a toll-free telephone number for such purpose;

“(B)

use of an Internet website for such purpose; and

“(C)

a process for requests by mail for such purpose.

“(4)

Transition .—

15 U.S.C. 1681a(p)15 U.S.C. 1681j(a)(1)(B)The regulations of the Bureau under paragraph (1) shall provide for an orderly transition by consumer reporting agencies described in section 603(p) of the Fair Credit Reporting Act [] to the centralized source for consumer report distribution required by section 612(a)(1)(B) [], as amended by this section, in a manner that—

“(A)

does not temporarily overwhelm such consumer reporting agencies with requests for disclosures of consumer reports beyond their capacity to deliver; and

“(B)

does not deny creditors, other users, and consumers access to consumer reports on a time-sensitive basis for specific purposes, such as home purchases or suspicions of identity theft, during the transition period.

“(5)

Timing .—

Regulations required by this subsection shall—

“(A)

Dec. 4, 2003 be issued in final form not later than 6 months after the date of enactment of this Act []; and

“(B)

become effective not later than 6 months after the date on which they are issued in final form.

“(6)

Scope of regulations.—

“(A)

In general .—

15 U.S.C. 1681a(p)The Bureau shall, by rule, determine whether to require a consumer reporting agency that compiles and maintains files on consumers on substantially a nationwide basis, other than one described in section 603(p) of the Fair Credit Reporting Act [], to make free consumer reports available upon consumer request, and if so, whether such consumer reporting agencies should make such free reports available through the centralized source described in paragraph (1)(A).

“(B)

Considerations .—

Before making any determination under subparagraph (A), the Bureau shall consider—

“(i)

15 U.S.C. 1681a(p) the number of requests for consumer reports to, and the number of consumer reports generated by, the consumer reporting agency, in comparison with consumer reporting agencies described in subsections (p) and (w) [now (x)] of section 603 of the Fair Credit Reporting Act [, (w) [x]];

“(ii)

the overall scope of the operations of the consumer reporting agency;

“(iii)

the needs of consumers for access to consumer reports provided by consumer reporting agencies free of charge;

“(iv)

the costs of providing access to consumer reports by consumer reporting agencies free of charge; and

“(v)

the effects on the ongoing competitive viability of such consumer reporting agencies if such free access is required.”

, , , as amended by , , , provided that:

section 211(d) of Pub. L. 108–159 section 2 of Pub. L. 108–159 section 1681 of this title[For definitions of terms used in , set out above, see , set out as a Definitions note under .]