15 U.S.C. § 1681c — Requirements relating to information contained in consumer reports
submitted 56 years ago by Pub. L. 90-321 to r/title-15-COMMERCE-AND-TRADE · 1,446 words · no verdicts yet
This section limits how long certain negative information may appear in consumer reports. It also sets exceptions for large transactions, requires certain disclosures and notices, and limits the card-number information printed on receipts.
(a) Information excluded from reports. Unless subsection (b) allows it, an agency may not include: (1) a bankruptcy case more than 10 years old, measured from the order for relief or adjudication; (2) a civil suit, civil judgment, or arrest record more than 7 years old or older than the applicable limitations period, whichever is longer; (3) a paid tax lien more than 7 years old, measured from payment; (4) an account placed for collection or charged to profit and loss more than 7 years old; (5) any other adverse information more than 7 years old, except a criminal-conviction record; (6) the name, address, and phone number of a medical-information furnisher that notified the agency of its status, unless the information is restricted or coded so it does not identify or reveal enough to infer the provider or service to anyone other than the consumer*, or the report goes to an insurer for an insurance purpose other than property and casualty insurance; (7) for a nationwide agency, information about a veteran’s medical debt when the related care was provided less than 1 year before the report, if the agency knows it is veteran medical debt and complies with the cited Act; or (8) for a nationwide agency, information about a veteran’s medical debt that was fully paid or settled but had been called delinquent, charged off, or placed for collection, if the agency knows it is veteran medical debt and complies with that Act.
(b) Exempt cases. Paragraphs (1) through (5) of subsection (a) do not apply to a report used for: (1) a credit transaction involving, or reasonably expected to involve, $150,000 or more in principal; (2) life-insurance underwriting involving, or reasonably expected to involve, a face amount of $150,000 or more; or (3) employment at an annual salary of $75,000 or more, or reasonably expected to be that amount.
(c) When the reporting period starts. (1) For an account covered by subsection (a)(4) or (6), the 7-year period begins when the 180-day period after the start of the delinquency immediately preceding collection, a charge to profit and loss, or similar action ends. (2) This rule applies only to information added to a consumer’s file on or after the date 455 days after September 30, 1996.
(d) Required information. (1) If a report contains a Title 11 case, the agency must identify the chapter if the source supplied it. If the case was withdrawn before final judgment, the agency must say so when it receives certified documentation of withdrawal. (2) If a report contains a credit score or other risk score or predictor, the agency must clearly and conspicuously say that the number of inquiries was a key factor that hurt the score, if it actually was such a factor. This does not apply to a check-services company acting to authorize or process negotiable instruments, electronic transfers, or similar payments, but only for that activity.
(e) Closed account. If notified under § 1681s–2(a)(4) that the consumer voluntarily closed a credit account, the agency must show that fact in every report containing information about the account.
(f) Disputed information. If notified under § 1681s–2(a)(3) that the consumer disputes furnished information, the agency must show that fact in every report containing the disputed information.
(g) Card-number truncation. (1) Except as stated below, a business accepting credit or debit cards may print no more than the last five digits of the card number and may not print the expiration date on a receipt given to the cardholder at the point of sale or transaction. (2) This applies only to electronically printed receipts, not transactions recorded only by handwriting, an imprint, or a card copy. (3) It took effect 3 years after December 4, 2003, for machines already in use before January 1, 2005, and 1 year after December 4, 2003, for machines first used on or after January 1, 2005.
(h) Address discrepancy. (1) If a person* requests a report from a nationwide agency using an address that substantially differs from the addresses in the consumer’s file, and the agency provides the report, the agency must notify the requester of the discrepancy. (2) The Bureau, consulting the Federal banking agencies, the National Credit Union Administration*, and the Federal Trade Commission, must issue regulations guiding reasonable user policies and procedures after such notice. The regulations must describe procedures to form a reasonable belief that the user knows the person’s identity and, if the user begins a continuing relationship and regularly furnishes information, to reconcile the address by furnishing it to the agency during that relationship.
Except as authorized under subsection (b), no consumer reporting agency* may make any consumer report* containing any of the following items of information:
Cases under title 11 or under the Bankruptcy 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.
Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.
Paid tax liens which, from date of payment, antedate the report by more than seven years.
Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.
Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.
The name, address, and telephone number of any medical information* furnisher that has notified the agency of its status, unless—
such name, address, and telephone number are restricted or reported using codes that do not identify, or provide information sufficient to infer, the specific provider or the nature of such services, products, or devices to a person* other than the consumer; or
the report is being provided to an insurance company for a purpose relating to engaging in the business of insurance other than property and casualty insurance.
With respect to a consumer reporting agency described in section 1681a(p) of this title, any information related to a veteran’s medical debt if the date on which the hospital care, medical services, or extended care services was rendered relating to the debt antedates the report by less than 1 year if the consumer reporting agency has actual knowledge that the information is related to a veteran’s medical debt and the consumer reporting agency is in compliance with its obligation under section 302(c)(5) of the Economic Growth, Regulatory Relief, and Consumer Protection Act.
With respect to a consumer reporting agency described in section 1681a(p) of this title, any information related to a fully paid or settled veteran’s medical debt that had been characterized as delinquent, charged off, or in collection if the consumer reporting agency has actual knowledge that the information is related to a veteran’s medical debt and the consumer reporting agency is in compliance with its obligation under section 302(c)(5) of the Economic Growth, Regulatory Relief, and Consumer Protection Act.
The provisions of paragraphs (1) through (5) of subsection (a) are not applicable in the case of any consumer credit report to be used in connection with—
a credit transaction involving, or which may reasonably be expected to involve, a principal amount of $150,000 or more;
the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of $150,000 or more; or
the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal $75,000, or more.
The 7-year period referred to in paragraphs (4) and (6) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.
Paragraph (1) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after September 30, 1996.
Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that arises under title 11 shall include in the report an identification of the chapter of such title 11 under which such case arises if provided by the source of the information. If any case arising or filed under title 11 is withdrawn by the consumer before a final judgment, the consumer reporting agency shall include in the report that such case or filing was withdrawn upon receipt of documentation certifying such withdrawal.
Any consumer reporting agency that furnishes a consumer report that contains any credit score or any other risk score or predictor on any consumer shall include in the report a clear and conspicuous statement that a key factor (as defined in section 1681g(f)(2)(B) of this title) that adversely affected such score or predictor was the number of enquiries, if such a predictor was in fact a key factor that adversely affected such score. This paragraph shall not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, but only to the extent that such company is engaged in such activities.
If a consumer reporting agency is notified pursuant to section 1681s–2(a)(4) of this title that a credit account of a consumer was voluntarily closed by the consumer, the agency shall indicate that fact in any consumer report that includes information related to the account.
If a consumer reporting agency is notified pursuant to section 1681s–2(a)(3) of this title that information regarding a consumer who 1 was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information.
Except as otherwise provided in this subsection, no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction.
This subsection shall apply only to receipts that are electronically printed, and shall not apply to transactions in which the sole means of recording a credit card or debit card account number is by handwriting or by an imprint or copy of the card.
This subsection shall become effective—
3 years after December 4, 2003, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is in use before January 1, 2005; and
1 year after December 4, 2003, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is first put into use on or after January 1, 2005.
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.
The Bureau shall,,2 in consultation with the Federal banking agencies, the National Credit Union Administration*, and the Federal Trade Commission,,2 prescribe regulations providing guidance regarding reasonable policies and procedures that a user of a consumer report should employ when such user has received a notice of discrepancy under paragraph (1).
The regulations prescribed under subparagraph (A) shall describe reasonable policies and procedures for use by a user of a consumer report—
to form a reasonable belief that the user knows the identity of the person to whom the consumer report pertains; and
if the user establishes a continuing relationship with the consumer, and the user regularly and in the ordinary course of business furnishes information to the consumer reporting agency from which the notice of discrepancy pertaining to the consumer was obtained, to reconcile the address of the consumer with the consumer reporting agency by furnishing such address to such consumer reporting agency as part of information regularly furnished by the user for the period in which the relationship is established.
Source credit: (Pub. L. 90–321, title VI, § 605, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1129; amended Pub. L. 95–598, title III, § 312(b), Nov. 6, 1978, 92 Stat. 2676; Pub. L. 104–208, div. A, title II, § 2406(a)–(e)(1), Sept. 30, 1996, 110 Stat. 3009–434, 3009–435; Pub. L. 105–347, § 5, Nov. 2, 1998, 112 Stat. 3211; Pub. L. 108–159, title I, § 113, title II, § 212(d), title III, § 315, title IV, § 412(b), (c), title VIII, § 811(c)(1), (2)(A), Dec. 4, 2003, 117 Stat. 1959, 1977, 1996, 2002, 2011; Pub. L. 111–203, title X, § 1088(a)(2)(D), (5), July 21, 2010, 124 Stat. 2087; Pub. L. 115–174, title III, § 302(b)(2), May 24, 2018, 132 Stat. 1333.)
- 1970Enacted · Pub. L. 90-321 · 84 Stat. 1129
- 1978Amended · Pub. L. 95-598 · 92 Stat. 2676
- 1996Amended · Pub. L. 104-208 · 110 Stat. 3009
- 1998Amended · Pub. L. 105-347 · 112 Stat. 3211
- 2003Amended · Pub. L. 108-159 · 117 Stat. 1959, 1977, 1996, 2002, 2011
- 2010Amended · Pub. L. 111-203 · 124 Stat. 2087
- 2018Amended · Pub. L. 115-174 · 132 Stat. 1333
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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