15 U.S.C. § 1681b — Permissible purposes of consumer re-

Page 1563 TITLE 15—COMMERCE AND TRADE § 1681b [amending this section and sections 1681b, 1681c, 1681g, 1681i, 1681k, and 1681s of this title] shall be deemed to have the same effective date [see section 2420 of Pub. L. 104–208, set out as a note below] as the amendments made by section 2403 of the Consumer Credit Reporting Reform Act of 1996 (Public Law 104–208; 110 Stat. 3009–1257 [3009–430]) [amending section 1681b of this title].’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title II, § 2420, Sept. 30, 1996, 110 Stat. 3009–454, provided that: ‘‘(a) IN GENERAL.—Except as otherwise specifically provided in this chapter [chapter 1 (§§ 2401–2422) of sub- title D of title II of div. A of Pub. L. 104–208, see Short Title of 1996 Amendment note set out under section 1601 of this title], the amendments made by this chapter shall become effective 365 days after the date of enact- ment of this Act [Sept. 30, 1996]. ‘‘(b) EARLY COMPLIANCE.—Any person or other entity that is subject to the requirements of this chapter may, at its option, comply with any provision of this chapter before the date on which that provision becomes effec- tive under this chapter, in which case, each of the cor- responding provisions of this chapter shall be fully ap- plicable to such person or entity.’’ EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–537, § 2(d), Oct. 27, 1992, 106 Stat. 3532, pro- vided that: ‘‘The amendments made by this section [en- acting section 1681s–1 of this title and amending this section] shall take effect on January 1, 1993.’’ EFFECTIVE DATE Section effective upon the expiration of one hundred and eighty days following Oct. 26, 1970, see section 504(d) of Pub. L. 90–321, as added by Pub. L. 91–508, set out as a note under section 1681 of this title. CONSTRUCTION OF 1996 AMENDMENT Pub. L. 104–208, div. A, title II, § 2421, Sept. 30, 1996, 110 Stat. 3009–454, provided that: ‘‘Nothing in this chapter [chapter 1 (§§ 2401–2422) of subtitle D of title II of div. A of Pub. L. 104–208, see Short Title of 1996 Amendment note set out under section 1601 of this title] or the amendments made by this chapter shall be considered to supersede or otherwise affect section 2721 of title 18, United States Code, with respect to motor vehicle records for surveys, marketing, or solicitations.’’ § 1681b. Permissible purposes of consumer re- ports (a) In general Subject to subsection (c), any consumer re- porting agency may furnish a consumer report under the following circumstances and no other: (1) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in ac- cordance with section 5318 of title 31 or section 3486 of title 18. (2) In accordance with the written instruc- tions of the consumer to whom it relates. (3) To a person which it has reason to be- lieve— (A) intends to use the information in con- nection 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 ac- count of, the consumer; or (B) intends to use the information for em- ployment purposes; or (C) intends to use the information in con- nection with the underwriting of insurance involving the consumer; or (D) intends to use the information in con- nection with a determination of the con- sumer’s eligibility for a license or other ben- efit granted by a governmental instrumen- tality required by law to consider an appli- cant’s financial responsibility or status; or (E) intends to use the information, as a po- tential investor or servicer, or current in- surer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit ob- ligation; or (F) otherwise has a legitimate business need for the information— (i) in connection with a business trans- action that is initiated by the consumer; or (ii) to review an account to determine whether the consumer continues to meet the terms of the account. (G) executive departments and agencies in connection with the issuance of government- sponsored individually-billed travel charge cards. (4) In response to a request by the head of a State or local child support enforcement agen- cy (or a State or local government official au- thorized by the head of such an agency), if the person making the request certifies to the consumer reporting agency that— (A) the consumer report is needed for the purpose of establishing an individual’s ca- pacity to make child support payments, de- termining the appropriate level of such pay- ments, or enforcing a child support order, award, agreement, or judgment; (B) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises (if re- quired by those laws); and (C) the consumer report will be kept con- fidential, will be used solely for a purpose described in subparagraph (A), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose. (5) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award. (6) To the Federal Deposit Insurance Cor- poration or the National Credit Union Admin- istration as part of its preparation for its ap- pointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or in- sured credit union under the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.] or the Federal Credit Union Act [12 U.S.C. 1751 et seq.], or other applicable Federal or State law, or in connection with the resolution or liq- uidation of a failed or failing insured deposi- tory institution or insured credit union, as ap- plicable. Page 1564 TITLE 15—COMMERCE AND TRADE § 1681b 1 See References in Text note below. (b) Conditions for furnishing and using con- sumer reports for employment purposes (1) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if— (A) the person who obtains such report from the agency certifies to the agency that— (i) the person has complied with para- graph (2) with respect to the consumer re- port, and the person will comply with paragraph (3) with respect to the consumer report if paragraph (3) becomes applicable; and (ii) information from the consumer re- port will not be used in violation of any applicable Federal or State equal employ- ment opportunity law or regulation; and (B) the consumer reporting agency pro- vides with the report, or has previously pro- vided, a summary of the consumer’s rights under this subchapter, as prescribed by the Bureau under section 1681g(c)(3) 1 of this title. (2) Disclosure to consumer (A) In general Except as provided in subparagraph (B), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless— (i) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for em- ployment purposes; and (ii) the consumer has authorized in writ- ing (which authorization may be made on the document referred to in clause (i)) the procurement of the report by that person. (B) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph (C) applies for employment by mail, tele- phone, computer, or other similar means, at any time before a consumer report is pro- cured or caused to be procured in connection with that application— (i) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumer’s rights under section 1681m(a)(3) 1 of this title; and (ii) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person. (C) Scope Subparagraph (B) shall apply to a person procuring a consumer report on a consumer in connection with the consumer’s applica- tion for employment only if— (i) the consumer is applying for a posi- tion over which the Secretary of Transpor- tation has the power to establish qualifica- tions and maximum hours of service pur- suant to the provisions of section 31502 of title 49, or a position subject to safety reg- ulation by a State transportation agency; and (ii) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. (3) Conditions on use for adverse actions (A) In general Except as provided in subparagraph (B), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates— (i) a copy of the report; and (ii) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g(c)(3) 1 of this title. (B) Application by mail, telephone, computer, or other similar means (i) If a consumer described in subparagraph (C) applies for employment by mail, tele- phone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment pur- poses takes adverse action on the employ- ment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under sub- paragraph (A) of this section and under sec- tion 1681m(a) of this title, within 3 business days of taking such action, an oral, written or electronic notification— (I) that adverse action has been taken based in whole or in part on a consumer re- port received from a consumer reporting agency; (II) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report (in- cluding a toll-free telephone number estab- lished by the agency if the agency com- piles and maintains files on consumers on a nationwide basis); (III) that the consumer reporting agency did not make the decision to take the ad- verse action and is unable to provide to the consumer the specific reasons why the adverse action was taken; and (IV) that the consumer may, upon pro- viding proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report. Page 1565 TITLE 15—COMMERCE AND TRADE § 1681b (ii) If, under clause (B)(i)(IV), the con- sumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumer’s request, together with proper identification, the person must send or pro- vide to the consumer a copy of a report and a copy of the consumer’s rights as prescribed by the Bureau under section 1681g(c)(3) 1 of this title. (C) Scope Subparagraph (B) shall apply to a person procuring a consumer report on a consumer in connection with the consumer’s applica- tion for employment only if— (i) the consumer is applying for a posi- tion over which the Secretary of Transpor- tation has the power to establish qualifica- tions and maximum hours of service pur- suant to the provisions of section 31502 of title 49, or a position subject to safety reg- ulation by a State transportation agency; and (ii) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. (4) Exception for national security investiga- tions (A) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for em- ployment purposes, paragraph (3) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that— (i) the consumer report is relevant to a national security investigation of such agency or department; (ii) the investigation is within the juris- diction of such agency or department; (iii) there is reason to believe that com- pliance with paragraph (3) will— (I) endanger the life or physical safety of any person; (II) result in flight from prosecution; (III) result in the destruction of, or tampering with, evidence relevant to the investigation; (IV) result in the intimidation of a po- tential witness relevant to the investiga- tion; (V) result in the compromise of classi- fied information; or (VI) otherwise seriously jeopardize or unduly delay the investigation or an- other official proceeding. (B) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph (A), or upon the determination that the excep- tion under subparagraph (A) is no longer re- quired for the reasons set forth in such sub- paragraph, the official exercising the au- thority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made— (i) a copy of such consumer report with any classified information redacted as nec- essary; (ii) notice of any adverse action which is based, in part, on the consumer report; and (iii) the identification with reasonable specificity of the nature of the investiga- tion for which the consumer report was sought. (C) Delegation by head of agency or depart- ment For purposes of subparagraphs (A) and (B), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank. (D) Definitions For purposes of this paragraph, the fol- lowing definitions shall apply: (i) Classified information The term ‘‘classified information’’ means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders. (ii) National security investigation The term ‘‘national security investiga- tion’’ means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to de- termine whether classified information has been lost or compromised. (c) Furnishing reports in connection with credit or insurance transactions that are not initi- ated by consumer (1) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph (A) or (C) of sub- section (a)(3) in connection with any credit or insurance transaction that is not initiated by the consumer only if— (A) the consumer authorizes the agency to provide such report to such person; or (B)(i) the transaction consists of a firm offer of credit or insurance; (ii) the consumer reporting agency has complied with subsection (e); (iii) there is not in effect an election by the consumer, made in accordance with sub- section (e), to have the consumer’s name and address excluded from lists of names pro- vided by the agency pursuant to this para- graph; and (iv) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date Page 1566 TITLE 15—COMMERCE AND TRADE § 1681b of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer re- porting agency to such furnishing. (2) Limits on information received under para- graph (1)(B) A person may receive pursuant to paragraph (1)(B) only— (A) the name and address of a consumer; (B) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the iden- tity of the consumer; and (C) other information pertaining to a con- sumer that does not identify the relation- ship or experience of the consumer with re- spect to a particular creditor or other enti- ty. (3) Information regarding inquiries Except as provided in section 1681g(a)(5) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance trans- action that is not initiated by a consumer. (d) Reserved (e) Election of consumer to be excluded from lists (1) In general A consumer may elect to have the con- sumer’s name and address excluded from any list provided by a consumer reporting agency under subsection (c)(1)(B) in connection with a credit or insurance transaction that is not ini- tiated by the consumer, by notifying the agen- cy in accordance with paragraph (2) that the consumer does not consent to any use of a con- sumer report relating to the consumer in con- nection with any credit or insurance trans- action that is not initiated by the consumer. (2) Manner of notification A consumer shall notify a consumer report- ing agency under paragraph (1)— (A) through the notification system main- tained by the agency under paragraph (5); or (B) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph. (3) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph (1) through the notification system maintained by the agency under paragraph (5), a consumer reporting agency shall— (A) inform the consumer that the election is effective only for the 5-year period fol- lowing the election if the consumer does not submit to the agency a signed notice of elec- tion form issued by the agency for purposes of paragraph (2)(B); and (B) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph (5), in the case of a request made at the time the consumer provides notification through the system. (4) Effectiveness of election An election of a consumer under paragraph (1)— (A) shall be effective with respect to a con- sumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with para- graph (2); (B) shall be effective with respect to a con- sumer reporting agency— (i) subject to subparagraph (C), during the 5-year period beginning 5 business days after the date on which the consumer noti- fies the agency of the election, in the case of an election for which a consumer noti- fies the agency only in accordance with paragraph (2)(A); or (ii) until the consumer notifies the agen- cy under subparagraph (C), in the case of an election for which a consumer notifies the agency in accordance with paragraph (2)(B); (C) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph (5), that the election is no longer effective; and (D) shall be effective with respect to each affiliate of the agency. (5) Notification system (A) In general Each consumer reporting agency that, under subsection (c)(1)(B), furnishes a con- sumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall— (i) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with ap- propriate identification, of the consumer’s election to have the consumer’s name and address excluded from any such list of names and addresses provided by the agen- cy for such a transaction; and (ii) publish by not later than 365 days after September 30, 1996, and not less than annually thereafter, in a publication of general circulation in the area served by the agency— (I) a notification that information in consumer files maintained by the agency may be used in connection with such transactions; and (II) the address and toll-free telephone number for consumers to use to notify the agency of the consumer’s election under clause (i). (B) Establishment and maintenance as com- pliance Establishment and maintenance of a noti- fication system (including a toll-free tele- phone number) and publication by a con- sumer reporting agency on the agency’s own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates. Page 1567 TITLE 15—COMMERCE AND TRADE § 1681b 2 So in original. No subpar. (B) has been enacted. (6) Notification system by agencies that oper- ate nationwide Each consumer reporting agency that com- piles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of para- graph (5) jointly with other such consumer re- porting agencies. (f) Certain use or obtaining of information pro- hibited A person shall not use or obtain a consumer report for any purpose unless— (1) the consumer report is obtained for a pur- pose for which the consumer report is author- ized to be furnished under this section; and (2) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification. (g) Protection of medical information (1) Limitation on consumer reporting agencies A consumer reporting agency shall not fur- nish for employment purposes, or in connec- tion with a credit or insurance transaction, a consumer report that contains medical infor- mation (other than medical contact informa- tion treated in the manner required under sec- tion 1681c(a)(6) of this title) about a consumer, unless— (A) if furnished in connection with an in- surance transaction, the consumer affirma- tively consents to the furnishing of the re- port; (B) if furnished for employment purposes or in connection with a credit transaction— (i) the information to be furnished is rel- evant to process or effect the employment or credit transaction; and (ii) the consumer provides specific writ- ten consent for the furnishing of the report that describes in clear and conspicuous language the use for which the informa- tion will be furnished; or (C) the information to be furnished per- tains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or de- vises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as pro- vided in section 1681c(a)(6) of this title. (2) Limitation on creditors Except as permitted pursuant to paragraph (3)(C) or regulations prescribed under para- graph (5)(A), a creditor shall not obtain or use medical information (other than medical in- formation treated in the manner required under section 1681c(a)(6) of this title) per- taining to a consumer in connection with any determination of the consumer’s eligibility, or continued eligibility, for credit. (3) Actions authorized by Federal law, insur- ance activities and regulatory determina- tions Section 1681a(d)(3) of this title shall not be construed so as to treat information or any communication of information as a consumer report if the information or communication is disclosed— (A) in connection with the business of in- surance or annuities, including the activi- ties described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation issued by the Na- tional Association of Insurance Commis- sioners (as in effect on January 1, 2003); (B) for any purpose permitted without au- thorization under the Standards for Individ- ually Identifiable Health Information pro- mulgated by the Department of Health and Human Services pursuant to the Health In- surance Portability and Accountability Act of 1996, or referred to under section 1179 of such Act,1 or described in section 6802(e) of this title; or (C) as otherwise determined to be nec- essary and appropriate, by regulation or order, by the Bureau or the applicable State insurance authority (with respect to any person engaged in providing insurance or an- nuities). (4) Limitation on redisclosure of medical infor- mation Any person that receives medical informa- tion pursuant to paragraph (1) or (3) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially dis- closed, or as otherwise permitted by statute, regulation, or order. (5) Regulations and effective date for para- graph (2) (A) 2 Regulations required The Bureau may, after notice and oppor- tunity for comment, prescribe regulations that permit transactions under paragraph (2) that are determined to be necessary and ap- propriate to protect legitimate operational, transactional, risk, consumer, and other needs (and which shall include permitting actions necessary for administrative verification purposes), consistent with the intent of paragraph (2) to restrict the use of medical information for inappropriate pur- poses. (6) Coordination with other laws No provision of this subsection shall be con- strued as altering, affecting, or superseding the applicability of any other provision of Federal law relating to medical confiden- tiality. (Pub. L. 90–321, title VI, § 604, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1129; amended Pub. L. 101–73, title IX, § 964(c), Aug. 9, 1989, 103 Stat. 506; Pub. L. 104–193, title III, § 352, Aug. 22, 1996, 110 Stat. 2240; Pub. L. 104–208, div. A, title II, §§ 2403, 2404(a), (b), 2405, Sept. 30, 1996, 110 Stat. 3009–430, 3009–431, 3009–433, 3009–434; Pub. L. 105–107, title III, § 311(a), Nov. 20, 1997, 111 Stat. 2255; Pub. L. 105–347, §§ 2, 3, 6(4), Nov. 2, 1998, 112 Stat. 3208, 3210, 3211; Pub. L. 107–306, title VIII, § 811(b)(8)(A), Nov. 27, 2002, 116 Stat. Page 1568 TITLE 15—COMMERCE AND TRADE § 1681b 2426; Pub. L. 108–159, title II, § 213(c), title IV, §§ 411(a), 412(f), title VIII, § 811(b), Dec. 4, 2003, 117 Stat. 1979, 1999, 2003, 2011; Pub. L. 108–177, title III, § 361(j), Dec. 13, 2003, 117 Stat. 2625; Pub. L. 109–351, title VII, § 719, Oct. 13, 2006, 120 Stat. 1998; Pub. L. 110–161, div. D, title VII, § 743, Dec. 26, 2007, 121 Stat. 2033; Pub. L. 111–24, title III, § 302, May 22, 2009, 123 Stat. 1748; Pub. L. 111–203, title X, § 1088(a)(2)(A), (4), July 21, 2010, 124 Stat. 2087; Pub. L. 114–94, div. G, title LXXX, § 80001, Dec. 4, 2015, 129 Stat. 1792; Pub. L. 116–283, div. F, title LXIII, § 6308(b), Jan. 1, 2021, 134 Stat. 4594.) Editorial Notes REFERENCES IN TEXT The Federal Deposit Insurance Act, referred to in subsec. (a)(6), is act Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873, which is classified generally to chapter 16 (§ 1811 et seq.) of Title 12, Banks and Banking. For complete clas- sification of this Act to the Code, see Short Title note set out under section 1811 of Title 12 and Tables. The Federal Credit Union Act, referred to in subsec. (a)(6), is act June 26, 1934, ch. 750, 48 Stat. 1216, which is classified principally to chapter 14 (§ 1751 et seq.) of Title 12, Banks and Banking. For complete classifica- tion of this Act to the Code, see section 1751 of Title 12 and Tables. Section 1681g(c) of this title, referred to in subsec. (b)(1)(B), (3)(A)(ii), (B)(ii), was amended generally by Pub. L. 108–159, title II, § 211(c), Dec. 4, 2003, 117 Stat. 1970, and, as so amended, no longer contains a par. (3). Section 1681m(a)(3) of this title, referred to in subsec. (b)(2)(B)(i), was redesignated section 1681m(a)(4) of this title by Pub. L. 111–203, title X, § 1100F(1)(A), July 21, 2010, 124 Stat. 2112. Executive Order No. 12958, referred to in subsec. (b)(4)(D)(i), which was formerly set out under section 435 (now section 3161) of Title 50, War and National De- fense, was revoked by Ex. Ord. No. 13526, § 6.2(g), Dec. 29, 2009, 75 F.R. 731. The Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (g)(3)(B), is Pub. L. 104–191, Aug. 21, 1996, 110 Stat. 1936. For complete classi- fication of this Act to the Code, see Short Title of 1996 Amendments note set out under section 201 of Title 42, The Public Health and Welfare, and Tables. Section 1179 of such Act, referred to in subsec. (g)(3)(B), probably means section 1179 of the Social Se- curity Act, as added by section 262(a) of Pub. L. 104–191, title II, Aug. 21, 1996, 110 Stat. 2030, which is classified to section 1320d–8 of Title 42, The Public Health and Welfare. AMENDMENTS 2021—Subsec. (a)(1). Pub. L. 116–283 substituted ‘‘such an order, a’’ for ‘‘such an order, or a’’ and inserted ‘‘, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18’’ after ‘‘grand jury’’. 2015—Subsec. (a)(4)(A). Pub. L. 114–94, § 80001(1), sub- stituted ‘‘, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment’’ for ‘‘or determining the ap- propriate level of such payments’’. Subsec. (a)(4)(B). Pub. L. 114–94, § 80001(2)(A), sub- stituted ‘‘parentage’’ for ‘‘paternity’’ and inserted ‘‘and’’ at end. Subsec. (a)(4)(C), (D). Pub. L. 114–94, § 80001(3), (4), re- designated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: ‘‘the person has pro- vided at least 10 days’ prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested; and’’. 2010—Subsec. (b)(1)(B), (3)(A)(ii), (B)(ii). Pub. L. 111–203, § 1088(a)(2)(A), substituted ‘‘Bureau’’ for ‘‘Fed- eral Trade Commission’’. Subsec. (g)(3)(C). Pub. L. 111–203, § 1088(a)(4)(A), added subpar. (C) and struck out former subpar. (C) which read as follows: ‘‘as otherwise determined to be nec- essary and appropriate, by regulation or order and sub- ject to paragraph (6), by the Commission, any Federal banking agency or the National Credit Union Adminis- tration (with respect to any financial institution sub- ject to the jurisdiction of such agency or Administra- tion under paragraph (1), (2), or (3) of section 1681s(b) of this title, or the applicable State insurance authority (with respect to any person engaged in providing insur- ance or annuities).’’ Subsec. (g)(5). Pub. L. 111–203, § 1088(a)(4)(B), added par. (5) and struck out former par. (5) which related to prescription of par. (2) regulations by each Federal banking agency and the National Credit Union Admin- istration and required issuance of final regulations be- fore the end of the 6-month period beginning on Dec. 4, 2003. 2009—Subsec. (c)(1)(B)(iv). Pub. L. 111–24 added cl. (iv). 2007—Subsec. (a)(3)(G). Pub. L. 110–161 added subpar. (G). 2006—Subsec. (a)(6). Pub. L. 109–351 added par. (6). 2003—Subsec. (a). Pub. L. 108–159, § 811(b), realigned margins. Subsec. (b)(4)(D) to (F). Pub. L. 108–177 struck out subpars. (D) and (E) and redesignated subpar. (F) as (D). Prior to amendment, subpars. (D) and (E) read as fol- lows: ‘‘(D) REPORT TO THE CONGRESS.—Except as provided in subparagraph (E), not later than January 31 of each year, the head of each agency and department of the United States Government that exercised authority under this paragraph during the preceding year shall submit a report to the Congress on the number of times the department or agency exercised such authority dur- ing the year. ‘‘(E) REPORTS TO CONGRESSIONAL INTELLIGENCE COM- MITTEES.—In the case of a report to be submitted under subparagraph (D) to the congressional intelligence committees (as defined in section 401a of title 50), the submittal date for such report shall be as provided in section 415b of title 50.’’ Subsec. (e)(3)(A), (4)(B)(i). Pub. L. 108–159, § 213(c), substituted ‘‘5-year period’’ for ‘‘2-year period’’. Subsec. (g). Pub. L. 108–159, § 411(a), amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: ‘‘A consumer reporting agency shall not furnish for employment purposes, or in con- nection with a credit or insurance transaction, a con- sumer report that contains medical information about a consumer, unless the consumer consents to the fur- nishing of the report.’’ Subsec. (g)(1). Pub. L. 108–159, § 412(f)(1), inserted ‘‘(other than medical contact information treated in the manner required under section 1681c(a)(6) of this title)’’ after ‘‘a consumer report that contains medical information’’ in introductory provisions. Subsec. (g)(2). Pub. L. 108–159, § 412(f)(2), inserted ‘‘(other than medical information treated in the man- ner required under section 1681c(a)(6) of this title)’’ after ‘‘a creditor shall not obtain or use medical infor- mation’’. 2002—Subsec. (b)(4)(D). Pub. L. 107–306, § 811(b)(8)(A)(i), substituted ‘‘Except as provided in subparagraph (E), not later than’’ for ‘‘Not later than’’. Subsec. (b)(4)(E), (F). Pub. L. 107–306, § 811(b)(8)(A)(ii), (iii), added subpar. (E) and redesignated former subpar. (E) as (F). 1998—Subsec. (b)(1)(B). Pub. L. 105–347, § 3, inserted ‘‘, or has previously provided,’’ before ‘‘a summary’’. Subsec. (b)(2). Pub. L. 105–347, § 2(a), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: ‘‘A person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless— ‘‘(A) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that Page 1569 TITLE 15—COMMERCE AND TRADE § 1681c a consumer report may be obtained for employment purposes; and ‘‘(B) the consumer has authorized in writing the procurement of the report by that person.’’ Subsec. (b)(3). Pub. L. 105–347, § 2(b), amended heading and text of par. (3) generally. Prior to amendment, text read as follows: ‘‘In using a consumer report for em- ployment purposes, before taking any adverse action based in whole or in part on the report, the person in- tending to take such adverse action shall provide to the consumer to whom the report relates— ‘‘(A) a copy of the report; and ‘‘(B) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Federal Trade Commission under section 1681g(c)(3) of this title.’’ Subsec. (g). Pub. L. 105–347, § 6(4), struck out ‘‘or a di- rect marketing transaction’’ after ‘‘or insurance trans- action’’. 1997—Subsec. (b)(4). Pub. L. 105–107 added par. (4). 1996—Pub. L. 104–208, §§ 2403(a), 2404(a)(1), designated existing provisions as subsec. (a) and inserted heading, substituted ‘‘Subject to subsection (c), any consumer reporting agency’’ for ‘‘A consumer reporting agency’’ in introductory provisions, added subpars. (E) and (F) of par. (3), and struck out former subpar. (E) of par. (3) which read as follows: ‘‘otherwise has a legitimate busi- ness need for the information in connection with a business transaction involving the consumer.’’ Subsec. (b). Pub. L. 104–208, § 2403(b), added subsec. (b). Subsecs. (c) to (e). Pub. L. 104–208, § 2404(a)(2), added subsecs. (c) to (e). Subsec. (f). Pub. L. 104–208, § 2404(b), added subsec. (f). Subsec. (g). Pub. L. 104–208, § 2405, added subsec. (g). Pars. (4), (5). Pub. L. 104–193 added pars. (4) and (5). 1989—Par. (1). Pub. L. 101–73 inserted ‘‘, or a subpoena issued in connection with proceedings before a Federal grand jury’’ before period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–24 effective 9 months after May 22, 2009, except as otherwise specifically provided, see section 3 of Pub. L. 111–24, set out as a note under section 1602 of this title. EFFECTIVE DATE OF 2003 AMENDMENTS Amendment by Pub. L. 108–177 effective Dec. 31, 2003, see section 361(n) of Pub. L. 108–177, set out as a note under section 1611 of Title 10, Armed Forces. Amendment by Pub. L. 108–159 subject to joint regu- lations establishing effective dates as prescribed by Federal Reserve Board and Federal Trade Commission, except as otherwise provided, see section 3 of Pub. L. 108–159, set out as a note under section 1681 of this title. Amendment by section 411 of Pub. L. 108–159 effective at end of 180-day period beginning on Dec. 4, 2003, with certain exceptions, see section 411(d) of Pub. L. 108–159, set out as an Effective Date of 2003 Amendment note under section 1681a of this title. Pub. L. 108–159, title IV, § 412(g), Dec. 4, 2003, 117 Stat. 2003, provided that: ‘‘The amendments made by this section [amending this section and sections 1681c, 1681s, and 1681s–2 of this title] shall take effect at the end of the 15-month period beginning on the date of enact- ment of this Act [Dec. 4, 2003].’’ EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–347 deemed to have same effective date as amendments made by section 2403 of Pub. L. 104–208, see section 7 of Pub. L. 105–347, set out as a note under section 1681a of this title. EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–107, title III, § 311(c), Nov. 20, 1997, 111 Stat. 2256, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section and sec- tion 1681e of this title] shall take effect as if such amendments had been included in chapter 1 of subtitle D of the Economic Growth and Regulatory Paperwork Reduction Act of 1996 [chapter 1 (§§ 2401–2422) of subtitle D of title II of div. A of Pub. L. 104–208], as of the date of the enactment of such Act [Sept. 30, 1996].’’ EFFECTIVE DATE OF 1996 AMENDMENTS Amendment by Pub. L. 104–208 effective 365 days after Sept. 30, 1996, with special rule for early compliance, see section 2420 of Pub. L. 104–208, set out as a note under section 1681a of this title. For effective date of amendment by Pub. L. 104–193, see section 395(a)–(c) of Pub. L. 104–193, set out as a note under section 654 of Title 42, The Public Health and Welfare. EFFECTIVE DATE Section effective upon the expiration of one hundred and eighty days following Oct. 26, 1970, see section 504(d) of Pub. L. 90–321, as added by Pub. L. 91–508, set out as a note under section 1681 of this title. PUBLIC AWARENESS CAMPAIGN Pub. L. 108–159, title II, § 213(d), Dec. 4, 2003, 117 Stat. 1979, provided that: ‘‘The Commission shall actively publicize and conspicuously post on its website any ad- dress and the toll-free telephone number established as part of a notification system for opting out of prescreening under section 604(e) of the Fair Credit Re- porting Act (15 U.S.C. 1681b(e)), and otherwise take measures to increase public awareness regarding the availability of the right to opt out of prescreening.’’ [For definitions of terms used in section 213(d) of Pub. L. 108–159, set out above, see section 2 of Pub. L. 108–159, set out as a Definitions note under section 1681 of this title.] COORDINATION WITH FEDERAL LAWS RELATING TO MEDICAL CONFIDENTIALITY Pub. L. 108–159, title IV, § 412(d), Dec. 4, 2003, 117 Stat. 2002, provided that: ‘‘No provision of any amendment made by this section [amending this section and sec- tions 1681c, 1681s, and 1681s–2 of this title] shall be con- strued as altering, affecting, or superseding the appli- cability of any other provision of Federal law relating to medical confidentiality.’’ FTC GUIDELINES REGARDING PRESCREENING FOR INSURANCE TRANSACTIONS Pub. L. 104–208, div. A, title II, § 2404(c), Sept. 30, 1996, 110 Stat. 3009–434, provided that: ‘‘The Federal Trade Commission may issue such guidelines as it deems nec- essary with respect to the use of consumer reports in connection with insurance transactions that are not initiated by the consumer pursuant to section 604(c) of the Fair Credit Reporting Act [15 U.S.C. 1681b(c)], as added by subsection (a) of this section.’’ § 1681c. Requirements relating to information contained in consumer reports (a) Information excluded from consumer reports Except as authorized under subsection (b), no consumer reporting agency may make any con- sumer report containing any of the following items of information: (1) Cases under title 11 or under the Bank- ruptcy 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. (2) Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the re-