15 U.S.C. § 1681e — Compliance procedures
submitted 56 years ago by Pub. L. 90-321 to r/title-15-COMMERCE-AND-TRADE · 723 words · no verdicts yet
This section requires agencies to use procedures that limit reports to lawful purposes and maximize accuracy. It also regulates disclosures by resellers and requires notices about responsibilities.
(a) Identity and purpose. Every agency must maintain reasonable procedures to avoid violations of § 1681c and limit reports to § 1681b purposes. Prospective users must identify themselves, certify why they want the information, and certify they will use it only for that purpose. The agency must reasonably try to verify a new user’s identity and certified uses before providing a report, and may not provide one when it has reasonable grounds to believe the purpose is not listed in § 1681b.
(b) Accuracy. Whenever an agency prepares a report, it must use reasonable procedures to achieve the greatest possible accuracy for information about the individual.
(c) Disclosure to the consumer*. An agency may not stop a user from disclosing a report’s contents to the consumer when the user took adverse action* based wholly or partly on the report.
(d) Notices. (1) The agency must give a notice of responsibilities under this subchapter to anyone who regularly and ordinarily furnishes consumer information to the agency, and to anyone to whom the agency provides a report. (2) The Bureau sets the notice’s content. An agency complies if its notice is substantially similar to the Bureau’s prescription.
(e) Obtaining a report for resale. (1) A person* may not obtain a report to resell it or information in it unless the person tells the original agency (A) the end user’s identity and (B) every § 1681b purpose for which the end user will receive it. (2) The person must establish and follow reasonable procedures ensuring resale only for a § 1681b purpose. Each later reseller or provider must identify every end user, certify every use, and certify no other use. Before resale, the person must reasonably try to verify those identifications and certifications. (3) The person need not disclose the end user’s identity if the end user is a U.S. Government agency or department determining eligibility for access to classified information as defined in § 1681b(b)(4)(D)(i), and it certifies in writing that nondisclosure is needed to protect classified information or the safety of persons employed by, contracting with, or being investigated for work with the agency or department.
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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report*. No consumer reporting agency may furnish a consumer report to any person* if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.
Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.
A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action* against the consumer has been taken by the user based in whole or in part on the report.
A consumer reporting agency shall provide to any person—
who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer; or
to whom a consumer report is provided by the agency;
a notice of such person’s responsibilities under this subchapter.
The Bureau shall prescribe the content of notices under paragraph (1), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph (1) that is substantially similar to the Bureau prescription under this paragraph.
A person may not procure a consumer report for purposes of reselling the report (or any information in the report) unless the person discloses to the consumer reporting agency that originally furnishes the report—
the identity of the end-user of the report (or information); and
each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report (or information).
A person who procures a consumer report for purposes of reselling the report (or any information in the report) shall—
establish and comply with reasonable procedures designed to ensure that the report (or information) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report (or information) is resold and that resells or provides the report (or information) to any other person—
identifies each end user of the resold report (or information);
certifies each purpose for which the report (or information) will be used; and
certifies that the report (or information) will be used for no other purpose; and
before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph (A).
Notwithstanding paragraph (1) or (2), a person who procures a consumer report for purposes of reselling the report (or any information in the report) shall not disclose the identity of the end-user of the report under paragraph (1) or (2) if—
the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information (as defined in section 1681b(b)(4)(E)(i) 1 of this title); and
the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department.
Source credit: (Pub. L. 90–321, title VI, § 607, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1130; amended Pub. L. 104–208, div. A, title II, § 2407, Sept. 30, 1996, 110 Stat. 3009–435; Pub. L. 105–107, title III, § 311(b), Nov. 20, 1997, 111 Stat. 2256; Pub. L. 111–203, title X, § 1088(a)(2)(A), July 21, 2010, 124 Stat. 2087.)
- 1970Enacted · Pub. L. 90-321 · 84 Stat. 1130
- 1996Amended · Pub. L. 104-208 · 110 Stat. 3009
- 1997Amended · Pub. L. 105-107 · 111 Stat. 2256
- 2010Amended · Pub. L. 111-203 · 124 Stat. 2087
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-321 on 1970-10-26.
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