15 U.S.C. § 1681a — Definitions; rules of construction

Page 1558 TITLE 15—COMMERCE AND TRADE § 1681a 1 See References in Text note below. agencies, but would provide useful information in determining the credit worthiness of consumers; and ‘‘(E) any actions that might be taken within a voluntary reporting system to encourage the re- porting of the types of transactions described in subparagraph (D). ‘‘(3) COSTS AND BENEFITS.—With respect to each area of study described in paragraph (2), the Commis- sion shall consider the extent to which such require- ments would benefit consumers, balanced against the cost of implementing such provisions. ‘‘(b) REPORT REQUIRED.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2003], the chairman of the Commission shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives containing a detailed summary of the findings and conclusions of the study under this section, together with such recommenda- tions for legislative or administrative actions as may be appropriate.’’ FTC STUDY OF THE ACCURACY OF CONSUMER REPORTS Pub. L. 108–159, title III, § 319, Dec. 4, 2003, 117 Stat. 1999, provided that: ‘‘(a) STUDY REQUIRED.—Until the final report is sub- mitted under subsection (b)(2), the Commission shall conduct an ongoing study of the accuracy and com- pleteness of information contained in consumer reports prepared or maintained by consumer reporting agencies and methods for improving the accuracy and complete- ness of such information. ‘‘(b) BIENNIAL REPORTS REQUIRED.— ‘‘(1) INTERIM REPORTS.—The Commission shall sub- mit an interim report to the Congress on the study conducted under subsection (a) at the end of the 1- year period beginning on the date of enactment of this Act [Dec. 4, 2003] and biennially thereafter for 8 years. ‘‘(2) FINAL REPORT.—The Commission shall submit a final report to the Congress on the study conducted under subsection (a) at the end of the 2-year period beginning on the date on which the final interim re- port is submitted to the Congress under paragraph (1). ‘‘(3) CONTENTS.—Each report submitted under this subsection shall contain a detailed summary of the findings and conclusions of the Commission with re- spect to the study required under subsection (a) and such recommendations for legislative and adminis- trative action as the Commission may determine to be appropriate.’’ DEFINITIONS Pub. L. 108–159, § 2, Dec. 4, 2003, 117 Stat. 1953, provided that: ‘‘As used in this Act [see Short Title of 2003 Amendment note set out under section 1601 of this title]— ‘‘(1) the term ‘Board’ means the Board of Governors of the Federal Reserve System; ‘‘(2) the term ‘Commission’, other than as used in title V [20 U.S.C. 9701 et seq.], means the Federal Trade Commission; ‘‘(3) the terms ‘consumer’, ‘consumer report’, ‘con- sumer reporting agency’, ‘creditor’, ‘Federal banking agencies’, and ‘financial institution’ have the same meanings as in section 603 of the Fair Credit Report- ing Act [15 U.S.C. 1681a], as amended by this Act; and ‘‘(4) the term ‘affiliates’ means persons that are re- lated by common ownership or affiliated by corporate control.’’ § 1681a. Definitions; rules of construction (a) Definitions and rules of construction set forth in this section are applicable for the pur- poses of this subchapter. (b) The term ‘‘person’’ means any individual, partnership, corporation, trust, estate, coopera- tive, association, government or governmental subdivision or agency, or other entity. (c) The term ‘‘consumer’’ means an individual. (d) CONSUMER REPORT.— (1) IN GENERAL.—The term ‘‘consumer re- port’’ means any written, oral, or other com- munication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit ca- pacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligi- bility for— (A) credit or insurance to be used pri- marily for personal, family, or household purposes; (B) employment purposes; or (C) any other purpose authorized under section 1681b of this title. (2) EXCLUSIONS.—Except as provided in para- graph (3), the term ‘‘consumer report’’ does not include— (A) subject to section 1681s–3 of this title, any— (i) report containing information solely as to transactions or experiences between the consumer and the person making the report; (ii) communication of that information among persons related by common owner- ship or affiliated by corporate control; or (iii) communication of other information among persons related by common owner- ship or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, be- fore the time that the information is ini- tially communicated, to direct that such information not be communicated among such persons; (B) any authorization or approval of a spe- cific extension of credit directly or indi- rectly by the issuer of a credit card or simi- lar device; (C) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indi- rectly to a consumer conveys his or her deci- sion 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 1681m of this title; or (D) a communication described in sub- section (o) or (x).1 (3) RESTRICTION ON SHARING OF MEDICAL IN- FORMATION.—Except for information or any communication of information disclosed as provided in section 1681b(g)(3) of this title, the exclusions in paragraph (2) shall not apply with respect to information disclosed to any person related by common ownership or affili- ated by corporate control, if the information is— Page 1559 TITLE 15—COMMERCE AND TRADE § 1681a 2 So in original. The period probably should be ‘‘; and’’. (A) medical information; (B) an individualized list or description based on the payment transactions of the consumer for medical products or services; or (C) an aggregate list of identified con- sumers based on payment transactions for medical products or services. (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 knowl- edge 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 di- rectly from a creditor of the consumer or from the consumer. (f) The term ‘‘consumer reporting agency’’ means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regu- larly engages in whole or in part in the practice of assembling or evaluating consumer credit in- formation or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or fa- cility of interstate commerce for the purpose of preparing or furnishing consumer reports. (g) The term ‘‘file’’, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regard- less of how the information is stored. (h) The term ‘‘employment purposes’’ when used in connection with a consumer report means a report used for the purpose of evalu- ating a consumer for employment, promotion, reassignment or retention as an employee. (i) MEDICAL INFORMATION.—The term ‘‘medical information’’— (1) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to— (A) the past, present, or future physical, mental, or behavioral health or condition of an individual; (B) the provision of health care to an indi- vidual; or (C) the payment for the provision of health care to an individual.2 (2) does not include the age or gender of a consumer, demographic information about the consumer, including a consumer’s residence address or e-mail address, or any other infor- mation about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the ex- istence or value of any insurance policy. (j) DEFINITIONS RELATING TO CHILD SUPPORT OBLIGATIONS.— (1) OVERDUE SUPPORT.—The term ‘‘overdue support’’ has the meaning given to such term in section 666(e) of title 42. (2) STATE OR LOCAL CHILD SUPPORT ENFORCE- MENT AGENCY.—The term ‘‘State or local child support enforcement agency’’ means a State or local agency which administers a State or local program for establishing and enforcing child support obligations. (k) ADVERSE ACTION.— (1) ACTIONS INCLUDED.—The term ‘‘adverse action’’— (A) has the same meaning as in section 1691(d)(6) of this title; and (B) means— (i) a denial or cancellation of, an in- crease in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insur- ance, existing or applied for, in connection with the underwriting of insurance; (ii) a denial of employment or any other decision for employment purposes that ad- versely affects any current or prospective employee; (iii) a denial or cancellation of, an in- crease in any charge for, or any other ad- verse or unfavorable change in the terms of, any license or benefit described in sec- tion 1681b(a)(3)(D) of this title; and (iv) an action taken or determination that is— (I) made in connection with an applica- tion that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an ac- count under section 1681b(a)(3)(F)(ii) of this title; and (II) adverse to the interests of the con- sumer. (2) APPLICABLE FINDINGS, DECISIONS, COM- MENTARY, AND ORDERS.—For purposes of any determination of whether an action is an ad- verse action under paragraph (1)(A), all appro- priate final findings, decisions, commentary, and orders issued under section 1691(d)(6) of this title by the Bureau or any court shall apply. (l) FIRM OFFER OF CREDIT OR INSURANCE.—The term ‘‘firm offer of credit or insurance’’ means any offer of credit or insurance to a consumer that will be honored if the consumer is deter- mined, based on information in a consumer re- port on the consumer, to meet the specific cri- teria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following: (1) The consumer being determined, based on information in the consumer’s application for the credit or insurance, to meet specific cri- teria bearing on credit worthiness or insur- ability, as applicable, that are established— (A) before selection of the consumer for the offer; and (B) for the purpose of determining whether to extend credit or insurance pursuant to the offer. (2) Verification— (A) that the consumer continues to meet the specific criteria used to select the con- Page 1560 TITLE 15—COMMERCE AND TRADE § 1681a sumer for the offer, by using information in a consumer report on the consumer, infor- mation in the consumer’s application for the credit or insurance, or other information bearing on the credit worthiness or insur- ability of the consumer; or (B) of the information in the consumer’s application for the credit or insurance, to determine that the consumer meets the spe- cific criteria bearing on credit worthiness or insurability. (3) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was— (A) established before selection of the con- sumer for the offer of credit or insurance; and (B) disclosed to the consumer in the offer of credit or insurance. (m) CREDIT OR INSURANCE TRANSACTION THAT IS NOT INITIATED BY THE CONSUMER.—The term ‘‘credit or insurance transaction that is not ini- tiated by the consumer’’ does not include the use of a consumer report by a person with which the consumer has an account or insurance pol- icy, for purposes of— (1) reviewing the account or insurance pol- icy; or (2) collecting the account. (n) STATE.—The term ‘‘State’’ means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or pos- session of the United States. (o) EXCLUDED COMMUNICATIONS.—A commu- nication is described in this subsection if it is a communication— (1) that, but for subsection (d)(2)(D), would be an investigative consumer report; (2) that is made to a prospective employer for the purpose of— (A) procuring an employee for the em- ployer; or (B) procuring an opportunity for a natural person to work for the employer; (3) that is made by a person who regularly performs such procurement; (4) that is not used by any person for any purpose other than a purpose described in sub- paragraph (A) or (B) of paragraph (2); and (5) with respect to which— (A) the consumer who is the subject of the communication— (i) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communica- tion; (ii) consents orally or in writing to the making of the communication to a pro- spective employer, before the making of the communication; and (iii) in the case of consent under clause (i) or (ii) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person; (B) the person who makes the communica- tion does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the con- sumer who is the subject of the communica- tion would violate any applicable Federal or State equal employment opportunity law or regulation; and (C) the person who makes the communica- tion— (i) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiv- ing any request from the consumer for such disclosure, the nature and substance of all information in the consumer’s file at the time of the request, except that the sources of any information that is ac- quired solely for use in making the com- munication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery proce- dures in any court of competent jurisdic- tion in which an action is brought; and (ii) notifies the consumer who is the sub- ject of the communication, in writing, of the consumer’s right to request the infor- mation described in clause (i). (p) CONSUMER REPORTING AGENCY THAT COM- PILES AND MAINTAINS FILES ON CONSUMERS ON A NATIONWIDE BASIS.—The term ‘‘consumer report- ing agency that compiles and maintains files on consumers on a nationwide basis’’ means a con- sumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing con- sumer reports to third parties bearing on a con- sumer’s credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide: (1) Public record information. (2) Credit account information from persons who furnish that information regularly and in the ordinary course of business. (q) DEFINITIONS RELATING TO FRAUD ALERTS.— (1) ACTIVE DUTY MILITARY CONSUMER.—The term ‘‘active duty military consumer’’ means a consumer in military service who— (A) is on active duty (as defined in section 101(d)(1) of title 10) or is a reservist per- forming duty under a call or order to active duty under a provision of law referred to in section 101(a)(13) of title 10; and (B) is assigned to service away from the usual duty station of the consumer. (2) FRAUD ALERT; ACTIVE DUTY ALERT.—The terms ‘‘fraud alert’’ and ‘‘active duty alert’’ mean a statement in the file of a consumer that— (A) notifies all prospective users of a con- sumer report relating to the consumer that the consumer may be a victim of fraud, in- cluding identity theft, or is an active duty military consumer, as applicable; and (B) is presented in a manner that facili- tates a clear and conspicuous view of the statement described in subparagraph (A) by any person requesting such consumer report. (3) IDENTITY THEFT.—The term ‘‘identity theft’’ means a fraud committed using the identifying information of another person, Page 1561 TITLE 15—COMMERCE AND TRADE § 1681a 3 So in original. subject to such further definition as the Bu- reau may prescribe, by regulation. (4) IDENTITY THEFT REPORT.—The term ‘‘iden- tity theft report’’ has the meaning given that term by rule of the Bureau, and means, at a minimum, a report— (A) that alleges an identity theft; (B) that is a copy of an official, valid re- port filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other govern- ment agency deemed appropriate by the Bu- reau; and (C) the filing of which subjects the person filing the report to criminal penalties relat- ing to the filing of false information if, in fact, the information in the report is false. (5) NEW CREDIT PLAN.—The term ‘‘new credit plan’’ means a new account under an open end credit plan (as defined in section 1602(i) 1 of this title) or a new credit transaction not under an open end credit plan. (r) CREDIT AND DEBIT RELATED TERMS— (1) CARD ISSUER.—The term ‘‘card issuer’’ means— (A) a credit card issuer, in the case of a credit card; and (B) a debit card issuer, in the case of a debit card. (2) CREDIT CARD.—The term ‘‘credit card’’ has the same meaning as in section 1602 of this title. (3) DEBIT CARD.—The term ‘‘debit card’’ means any card issued by a financial institu- tion to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between ac- counts or obtaining money, property, labor, or services. (4) ACCOUNT AND ELECTRONIC FUND TRANS- FER.—The terms ‘‘account’’ and ‘‘electronic fund transfer’’ have the same meanings as in section 1693a of this title. (5) CREDIT AND CREDITOR.—The terms ‘‘cred- it’’ and ‘‘creditor’’ have the same meanings as in section 1691a of this title. (s) FEDERAL BANKING AGENCY.—The term ‘‘Federal banking agency’’ has the same mean- ing as in section 1813 of title 12. (t) FINANCIAL INSTITUTION.—The term ‘‘finan- cial institution’’ means a State or National bank, a State or Federal savings and loan asso- ciation, a mutual savings bank, a State or Fed- eral credit union, or any other person that, di- rectly or indirectly, holds a transaction account (as defined in section 461(b) of title 12) belonging to a consumer. (u) RESELLER.—The term ‘‘reseller’’ means a consumer reporting agency that— (1) assembles and merges information con- tained in the database of another consumer re- porting agency or multiple consumer report- ing agencies concerning any consumer for pur- poses of furnishing such information to any third party, to the extent of such activities; and (2) does not maintain a database of the as- sembled or merged information from which new consumer reports are produced. (v) COMMISSION.—The term ‘‘Commission’’ means the Bureau.3 (w) The term ‘‘Bureau’’ means the Bureau of Consumer Financial Protection. (x) NATIONWIDE SPECIALTY CONSUMER REPORT- ING AGENCY.—The term ‘‘nationwide specialty consumer reporting agency’’ means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relat- ing to— (1) medical records or payments; (2) residential or tenant history; (3) check writing history; (4) employment history; or (5) insurance claims. (y) EXCLUSION OF CERTAIN COMMUNICATIONS FOR EMPLOYEE INVESTIGATIONS.— (1) COMMUNICATIONS DESCRIBED IN THIS SUB- SECTION.—A communication is described in this subsection if— (A) but for subsection (d)(2)(D), the com- munication would be a consumer report; (B) the communication is made to an em- ployer in connection with an investigation of— (i) suspected misconduct relating to em- ployment; or (ii) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any pre- existing written policies of the employer; (C) the communication is not made for the purpose of investigating a consumer’s credit worthiness, credit standing, or credit capac- ity; and (D) the communication is not provided to any person except— (i) to the employer or an agent of the employer; (ii) to any Federal or State officer, agen- cy, or department, or any officer, agency, or department of a unit of general local government; (iii) to any self-regulatory organization with regulatory authority over the activi- ties of the employer or employee; (iv) as otherwise required by law; or (v) pursuant to section 1681f of this title. (2) SUBSEQUENT DISCLOSURE.—After taking any adverse action based in whole or in part on a communication described in paragraph (1), the employer shall disclose to the con- sumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection (d)(2)(D) an investigative consumer report need not be disclosed. (3) SELF-REGULATORY ORGANIZATION DE- FINED.—For purposes of this subsection, the term ‘‘self-regulatory organization’’ includes any self-regulatory organization (as defined in section 78c(a)(26) of this title), any entity es- tablished under title I of the Sarbanes-Oxley Act of 2002 [15 U.S.C. 7211 et seq.], any board of trade designated by the Commodity Futures Trading Commission, and any futures associa- tion registered with such Commission. Page 1562 TITLE 15—COMMERCE AND TRADE § 1681a (z) VETERAN.—The term ‘‘veteran’’ has the meaning given the term in section 101 of title 38. (aa) VETERAN’S MEDICAL DEBT.—The term ‘‘veteran’s medical debt’’— (1) means a medical collection debt of a vet- eran owed to a non-Department of Veterans Affairs health care provider that was sub- mitted to the Department for payment for health care authorized by the Department of Veterans Affairs; and (2) includes medical collection debt that the Department of Veterans Affairs has wrong- fully charged a veteran. (Pub. L. 90–321, title VI, § 603, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1128; amended Pub. L. 102–537, § 2(b), Oct. 27, 1992, 106 Stat. 3531; Pub. L. 104–208, div. A, title II, § 2402, Sept. 30, 1996, 110 Stat. 3009–426; Pub. L. 105–347, § 6(1)–(3), Nov. 2, 1998, 112 Stat. 3211; Pub. L. 108–159, title I, § 111, title II, § 214(c)(1), title IV, § 411(b), (c), title VI, § 611, Dec. 4, 2003, 117 Stat. 1954, 1983, 2001, 2010; Pub. L. 111–203, title X, § 1088(a)(1), (2)(A), (C), (3), July 21, 2010, 124 Stat. 2086, 2087; Pub. L. 115–174, title III, § 302(b)(1), May 24, 2018, 132 Stat. 1333.) Editorial Notes REFERENCES IN TEXT Subsection (x) of this section, referred to in subsec. (d)(2)(D), was redesignated subsection (y) of this section by Pub. L. 111–203, title X, § 1088(a)(1), July 21, 2010, 124 Stat. 2086. Section 1602(i) of this title, referred to in subsec. (q)(5), was redesignated section 1602(j) of this title by Pub. L. 111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107. The Sarbanes-Oxley Act of 2002, referred to in subsec. (y)(3), is Pub. L. 107–204, July 30, 2002, 116 Stat. 745. Title I of the Act is classified principally to subchapter I (§ 7211 et seq.) of chapter 98 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7201 of this title and Tables. AMENDMENTS 2018—Subsecs. (z), (aa). Pub. L. 115–174 added subsecs. (z) and (aa). 2010—Subsec. (k)(2). Pub. L. 111–203, § 1088(a)(3), sub- stituted ‘‘Bureau’’ for ‘‘Board of Governors of the Fed- eral Reserve System’’. Subsec. (q)(3), (4). Pub. L. 111–203, § 1088(a)(2)(C), sub- stituted ‘‘the Bureau’’ for ‘‘the Commission’’ wherever appearing. Subsec. (v). Pub. L. 111–203, § 1088(a)(2)(A), substituted ‘‘Bureau’’ for ‘‘Federal Trade Commission’’. Subsecs. (w) to (y). Pub. L. 111–203, § 1088(a)(1), added subsec. (w) and redesignated former subsecs. (w) and (x) as (x) and (y), respectively. 2003—Subsec. (d)(2). Pub. L. 108–159, § 411(b)(1), sub- stituted ‘‘Except as provided in paragraph (3), the term’’ for ‘‘The term’’ in introductory provisions. Subsec. (d)(2)(A). Pub. L. 108–159, § 214(c)(1), inserted ‘‘subject to section 1681s–3 of this title,’’ after ‘‘(A)’’ in introductory provisions. Subsec. (d)(2)(D). Pub. L. 108–159, § 611(b), inserted ‘‘or (x)’’ after ‘‘subsection (o)’’. Subsec. (d)(3). Pub. L. 108–159, § 411(b)(2), added par. (3). Subsec. (i). Pub. L. 108–159, § 411(c), inserted heading and amended text of subsec. (i) generally. Prior to amendment, text read as follows: ‘‘The term ‘medical information’ means information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hos- pitals, clinics, or other medical or medically related fa- cilities.’’ Subsecs. (q) to (w). Pub. L. 108–159, § 111, added sub- secs. (q) to (w). Subsec. (x). Pub. L. 108–159, § 611(a), added subsec. (x). 1998—Subsec. (d)(2)(A)(iii). Pub. L. 105–347, § 6(1), struck out ‘‘any’’ before ‘‘communication of other’’. Subsec. (o)(1). Pub. L. 105–347, § 6(2), substituted ‘‘(d)(2)(D)’’ for ‘‘(d)(2)(E)’’. Subsec. (o)(4). Pub. L. 105–347, § 6(3), substituted ‘‘and’’ for ‘‘or’’ at end. 1996—Subsec. (d). Pub. L. 104–208, § 2402(e), inserted subsec. heading, designated existing provisions as par. (1) and inserted heading, redesignated cls. (1) to (3) as subpars. (A) to (C), respectively, added par. (2), and struck out at end ‘‘The term does not include (A) any 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 di- rectly 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 1681m of this title.’’ Subsec. (k). Pub. L. 104–208, § 2402(a), added subsec. (k). Subsec. (l). Pub. L. 104–208, § 2402(b), added subsec. (l). Subsec. (m). Pub. L. 104–208, § 2402(c), added subsec. (m). Subsec. (n). Pub. L. 104–208, § 2402(d), added subsec. (n). Subsec. (o). Pub. L. 104–208, § 2402(f), added subsec. (o). Subsec. (p). Pub. L. 104–208, § 2402(g), added subsec. (p). 1992—Subsec. (j). Pub. L. 102–537 added subsec. (j). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–174, title III, § 302(e), May 24, 2018, 132 Stat. 1335, provided that: ‘‘The amendments made by this section [amending this section and sections 1681c, 1681c–1, 1681i, and 1681t of this title and enacting provi- sions set out as a note under section 1681c of this title] shall take effect on the date that is 1 year after the date of enactment of this Act [May 24, 2018].’’ 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 2003 AMENDMENT 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. Pub. L. 108–159, title IV, § 411(d), Dec. 4, 2003, 117 Stat. 2002, provided that: ‘‘This section [amending this sec- tion and section 1681b of this title] shall take effect at the end of the 180-day period beginning on the date of enactment of this Act [Dec. 4, 2003], except that para- graph (2) of section 604(g) of the Fair Credit Reporting Act [15 U.S.C. 1681b(g)(2)] (as amended by subsection (a) of this section) shall take effect on the later of— ‘‘(1) the end of the 90-day period beginning on the date on which the regulations required under para- graph (5)(B) of such section 604(g) are issued in final form; or ‘‘(2) the date specified in the regulations referred to in paragraph (1).’’ EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–347, § 7, Nov. 2, 1998, 112 Stat. 3211, pro- vided that: ‘‘The amendments made by this Act 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.