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(B) is assigned to service away from the usual duty station of the consumer. (3) has reason to believe that the file on the consumer at the agency contains inaccurate information due to fraud. Notwithstanding any power granted to any Federal agency under this subchapter, the deference that a court affords to a Federal agency with respect to a determination made by such agency relating to the meaning or interpretation of any provision of this subchapter that is subject to the jurisdiction of such agency shall be applied as if that agency were the only agency authorized to apply, enforce, interpret, or administer the provisions of this subchapter2The regulations prescribed by theBureau under this subchapter shall apply to any person that is subject to this subchapter, notwithstanding the enforcement authorities granted to other agencies under this section. (c). Prior to amendment, par. (c)(1)(B)(vi), was redesignated section 1681a(x) of this title by Pub. 3101).. (Pub. United States Code Annotated Title 15 Commerce and Trade 2020 - Blogger L. 108159, title II, 213(b), Dec. 4, 2003, 117 Stat. L. 90321, title VI, 616, as added Pub. A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information (other than medical contact information treated in the manner required under section 1681c(a)(6) of this title) about a consumer, unless. 2087.). Pub. No provision of this subsection shall be construed as prohibiting a reseller from conducting a reinvestigation of a consumer dispute directly. (2) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. L. 108159, 211(a)(2), added subsec. (1). (a). L. 104208, 2416(a), inserted (1) after (a) and added pars. Pub. 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). (C) the information to be furnished pertains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, 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 provided in section 1681c(a)(6) of this title. L. 90321, title VI, 618, as added Pub. (D) which related to duty of Board to prescribe a model disclosure. (b). Methane Transportation Research, Development, and Demonstration, Chapter 70. (b). 1134; amended Pub. (ii) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information. The Bureau shall prescribe such regulations as are necessary to carry out the purposes of this subchapter, except with respect to sections 1681m(e) and 1681w of this title. In addition to the information provided to it by a third party that provided the credit score or scores, a lender is only required to provide the notice contained in subparagraph (D). L. 104193, title III, 352, Aug. 22, 1996, 110 Stat. Pub. Telecasting of Professional Sports Contests, Chapter 36. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Sections 1681n and 1681oof this title shall not apply to any failure by any person to comply with this section. Each consumer reporting agency that, under subsection (c)(1)(B) of this section, furnishes a consumer 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 appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency 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. No person shall be held liable for any violation of this section if he shows by a preponderance of the evidence that at the time of the alleged violation he maintained reasonable procedures to assure compliance with the provisions of this section. (a)(1). Except as provided in section 1029(a) of the Consumer Financial Protection Act of 2010 [12 U.S.C. A, title II, 2410, Sept. 30, 1996, 110 Stat. Pub. ), If any person takes any adverse action with respect to any consumer that is based in whole or in part on any information contained in a consumer report, the person shall. As used in this subsection, the term creditor, (A) means a creditor, as defined in section 1691a of this title, that regularly and in the ordinary course of business. For complete classification of this Act to the Code, see Short Title note set out under section 1311 of Title 15 and Tables volume. (d). (k). Subsec. (Pub. (b). Pub. (C) as otherwise determined to be necessary 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 annuities). L. 104208, 2411(a), inserted heading and amended text of subsec. TITLE 15COMMERCE AND TRADE - House (2)Contents of report.The report submitted under paragraph (1) shall include the findings and conclusions of the Commission, recommendations to address specific areas of concerns addressed in the study, and recommendations for legislative or administrative action that the Commission may determine to be necessary to ensure that credit and credit-based insurance scores are used appropriately and fairly to avoid negative effects.. The Bureau shall prescribe a brief model disclosure that a financial institution may use to comply with subparagraph (A), which shall not exceed 30 words. (i) notifies the cardholder of the request at the former address of the cardholder and provides to the cardholder a means of promptly reporting incorrect address changes; (ii) notifies the cardholder of the request by such other means of communication as the cardholder and the card issuer previously agreed to; or. L. 105347, 4(b), Nov. 2, 1998, 112 Stat. (i) any national bank or State savings association, and any Federal branch or Federal agency of a foreign bank; (ii) any member bank of the Federal Reserve System (other than a national bank), a branch or agency of a foreign bank (other than a Federal branch, Federal agency, or insured State branch of a foreign bank), a commercial lending company owned or controlled by a foreign bank, and any organization operating under section 25 or 25A of the Federal Reserve Act [12 U.S.C. 717, which is classified generally to subchapter I (41 et seq.) Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. (i) the right of a consumer to obtain a copy of a consumer report under subsection (a) of this section from each consumer reporting agency; (ii) the frequency and circumstances under which a consumer is entitled to receive a consumer report without charge under section 1681j of this title; (iii) the right of a consumer to dispute information in the file of the consumer under section 1681i of this title; (iv) the right of a consumer to obtain a credit score from a consumer reporting agency, and a description of how to obtain a credit score; (v) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency without charge, as provided in the regulations of the Bureau prescribed under section 211(c)1of the Fair and Accurate Credit Transactions Act of 2003; and. L. 90321, title VI, 623, as added Pub. Comprehensive Smokeless Tobacco Health Education, Chapter 71. (D) a communication described in subsection (o) or (x)1of this section. (p). The term solicitation means the marketing of a product or service initiated by a person to a particular consumer that is based on an exchange of information described in subsection (a) of this section, and is intended to encourage the consumer to purchase such product or service, but does not include communications that are directed at the general public or determined not to be a solicitation by the regulations prescribed under this section. Pub. (e) and struck out heading and text of former subsec. 3009436, 3009437, 3009439; Pub. No prospective user of a consumer report that includes an initial fraud alert or an active duty alert in accordance with this section may establish a new credit plan or extension of credit, other than under an open-end credit plan (as defined in section 1602(i)1of this title), in the name of the consumer, or issue an additional card on an existing credit account requested by a consumer, or grant any increase in credit limit on an existing credit account requested by a consumer, unless the user utilizes reasonable policies and procedures to form a reasonable belief that the user knows the identity of the person making the request. L. 95598, Nov. 6, 1978, 92 Stat. If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a(p) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. The Federal Bureau of Investigation may not disseminate information obtained pursuant to this section outside of the Federal Bureau of Investigation, except to other Federal agencies as may be necessary for the approval or conduct of a foreign counterintelligence investigation, or, where the information concerns a person subject to the Uniform Code of Military Justice, to appropriate investigative authorities within the military department concerned as may be necessary for the conduct of a joint foreign counterintelligence investigation. Subsec. L. 108159, 412(e), added subsec. L. 108159, 214(c)(2)(A), struck out or after semicolon at end. Notwithstanding any other provision of this subchapter, any consumer reporting agency or agent or employee thereof making disclosure of consumer reports or other information pursuant to this section in good-faith reliance upon a certification of a government agency pursuant to the provisions of this section shall not be liable to any person for such disclosure under this subchapter, the constitution of any State, or any law or regulation of any State or any political subdivision of any State. 1978Subsec. L. 108159, 412(f)(2), inserted (other than medical information treated in the manner required under section 1681c(a)(6) of this title) after a creditor shall not obtain or use medical information. Each consumer reporting agency described in section 1681a(p) of this title shall develop and maintain procedures for the referral to each other such agency of any consumer complaint received by the agency alleging identity theft, or requesting a fraud alert under section 1681c1 of this title or a block under section 1681c2 of this title. Pub. (iii) uses other means of assessing the validity of the change of address, in accordance with reasonable policies and procedures established by the card issuer in accordance with the regulations prescribed under subparagraph (B). (a). Subsec. TITLE 15COMMERCE AND TRADE. (A) credit or insurance to be used primarily for personal, family, or household purposes; (C) any other purpose authorized under section 1681b of this title. 3531; renumbered 624 and amended Pub. Any agency or department of the United States obtaining or disclosing any consumer reports, records, or information contained therein in violation of this section is liable to the consumer to whom such consumer reports, records, or information relate in an amount equal to the sum of. (3) Any recipient disclosing to those persons necessary to comply with the request or to any attorney to obtain legal advice or legal assistance with respect to the request shall inform such persons of any applicable nondisclosure requirement. 1751 et seq. Instead, our system considers things like how recent a review is and if the reviewer bought the item on Amazon. A, title II, 2412(a)(c), (e)(1), Sept. 30, 1996, 110 Stat. (b)(1)(B), (3)(A)(ii), (B)(ii), was amended generally by Pub. Pub. (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. (e) which related to establishment and maintenance of accuracy guidelines and prescription of implementing regulations by the Federal banking agencies, the National Credit Union Administration, and the Commission. 3457.). If a person has requested a consumer report relating to a consumer from a consumer reporting agency described in section 1681a(p) of this title, the request includes an address for the consumer that substantially differs from the addresses in the file of the consumer, and the agency provides a consumer report in response to the request, the consumer reporting agency shall notify the requester of the existence of the discrepancy. Amendment by Pub. L. 105347, 5(1). Except as provided in subparagraph (A), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs (B) and (C) of paragraph (1), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law. 9, 2006, 120 Stat. (a). This subsection shall not prohibit the use of information to send a solicitation to a consumer if such information was received prior to the date on which persons are required to comply with regulations implementing this subsection. Amendment by Pub. A notice under this subsection shall, at a minimum. 2003Subsec. A financial institution shall be deemed to be in compliance with subparagraph (A) if the financial institution uses any model form prescribed by the Bureau under this subparagraph, or the financial institution uses any such model form and rearranges its format. 1998Subsec. Prior to amendment, par. (v) provide the disclosure required by this subsection when another person has made the disclosure to the consumer for that loan transaction. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph (B) shall not be subject to subparagraph (A); however, nothing in subparagraph (B) shall require a person to specify such an address. 745. (o)(4). (1) If the Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request) that the Federal Bureau of Investigation has sought or obtained the identity of financial institutions or a consumer report respecting any consumer under subsection (a), (b), or (c), and no consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall include in any consumer report any information that would indicate that the Federal Bureau of Investigation has sought or obtained such information on a consumer report. 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