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15 U.S.C. § 1681c–2 — Block of information resulting from identity theft

submitted 23 years ago by Pub. L. 90-321 to r/title-15-COMMERCE-AND-TRADE · 738 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires a consumer reporting agency to block information that a consumer identifies as resulting from identity theft when the consumer provides the required proof and statement. It also sets exceptions for resellers and check-services companies and preserves law-enforcement access.

(a) Block. Unless this section provides otherwise, within 4 business days after receiving (1) appropriate proof of the consumer’s identity, (2) an identity-theft report, (3) the consumer’s identification of the information, and (4) the consumer’s statement that the information does not relate to a transaction by the consumer, an agency must block reporting of information in the consumer’s file that the consumer identifies as resulting from alleged identity theft.
(b) Notice. The agency must promptly tell the furnisher that the information may result from identity theft, an identity-theft report was filed, a block was requested, and the block’s effective dates.
(c) Declining or rescinding a block. (1) The agency may decline or rescind a block if it reasonably determines that the information or request was erroneous, the request or block was based on the consumer’s material factual misrepresentation relevant to it, or the consumer obtained goods, services, or money from the blocked transaction. (2) The agency must promptly notify the affected consumer in the same way consumers are notified when information is reinserted under § 1681i(a)(5)(B). (3) If a block is rescinded, the fact that the information was in the file before blocking does not show that the consumer knew or should have known that the consumer obtained goods, services, or money from the transaction.
(d) Resellers. (1) This section does not apply to a reseller that is not furnishing or reselling a report about the identified information when the consumer requests the block and that tells the consumer, by any means, that the consumer may report the identity theft to the Bureau for information about identity theft. (2) If a reseller does maintain the identified information, its only duty is to block its report from later use when the consumer makes the subsection (a) identification and the reseller is the reseller of that information. (3) The reseller must promptly tell the consumer that it blocked the file and give the name, address, and telephone number of every agency from which it obtained the information for resale.
(e) Check-services companies. This section does not apply to a check-services company acting as such to authorize or process negotiable instruments, electronic transfers, or similar payments. But beginning 4 business days after receiving the information described in subsection (a)(1) through (3), it may not report to a nationwide agency any information identified in the identity-theft report as resulting from identity theft.
(f) Law enforcement. Nothing here requires an agency to stop a Federal, State, or local law-enforcement agency from accessing blocked information that the agency could otherwise access under this subchapter.

the actual law source: uscode.house.gov ↗public domain
(a) Block

Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of—

(1)

appropriate proof of the identity of the consumer;

(2)

a copy of an identity theft report;

(3)

the identification of such information by the consumer; and

(4)

a statement by the consumer that the information is not information relating to any transaction by the consumer.

(b) Notification

A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection (a)—

(1)

that the information may be a result of identity theft;

(2)

that an identity theft report has been filed;

(3)

that a block has been requested under this section; and

(4)

of the effective dates of the block.

(c) Authority to decline or rescind
(1) In general

A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that—

(A)

the information was blocked in error or a block was requested by the consumer in error;

(B)

the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block; or

(C)

the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions.

(2) Notification to consumer

If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i(a)(5)(B) of this title.

(3) Significance of block

For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block.

(d) Exception for resellers
(1) No reseller file

This section shall not apply to a consumer reporting agency, if the consumer reporting agency—

(A)

is a reseller;

(B)

is not, at the time of the request of the consumer under subsection (a), otherwise furnishing or reselling a consumer report concerning the information identified by the consumer; and

(C)

informs the consumer, by any means, that the consumer may report the identity theft to the Bureau to obtain consumer information regarding identity theft.

(2) Reseller with file

The sole obligation of the consumer reporting agency under this section, with regard to any request of a consumer under this section, shall be to block the consumer report maintained by the consumer reporting agency from any subsequent use, if—

(A)

the consumer, in accordance with the provisions of subsection (a), identifies, to a consumer reporting agency, information in the file of the consumer that resulted from identity theft; and

(B)

the consumer reporting agency is a reseller of the identified information.

(3) Notice

In carrying out its obligation under paragraph (2), the reseller shall promptly provide a notice to the consumer of the decision to block the file. Such notice shall contain the name, address, and telephone number of each consumer reporting agency from which the consumer information was obtained for resale.

(e) Exception for verification companies

The provisions of this section do 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, except that, beginning 4 business days after receipt of information described in paragraphs (1) through (3) of subsection (a), a check services company shall not report to a national consumer reporting agency described in section 1681a(p) of this title, any information identified in the subject identity theft report as resulting from identity theft.

(f) Access to blocked information by law enforcement agencies

No provision of this section shall be construed as requiring a consumer reporting agency to prevent a Federal, State, or local law enforcement agency from accessing blocked information in a consumer file to which the agency could otherwise obtain access under this subchapter.

Source credit: (Pub. L. 90–321, title VI, § 605B, as added Pub. L. 108–159, title I, § 152(a), Dec. 4, 2003, 117 Stat. 1964; amended Pub. L. 111–203, title X, § 1088(a)(2)(C), July 21, 2010, 124 Stat. 2087.)

history & why it existsrecord from the source credit
  • 2003Enacted · Pub. L. 90-321 · 117 Stat. 1964
  • 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 2003-12-04.

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