15 U.S.C. § 1681c–3 — Adverse information in cases of trafficking
submitted 5 years ago by Pub. L. 90-321 to r/title-15-COMMERCE-AND-TRADE · 247 words · no verdicts yet
This section prevents a consumer reporting agency from reporting adverse information that resulted from severe forms of trafficking in persons or sex trafficking when the consumer supplies the required documentation. It directs the Director to issue rules for submitting that documentation.
(a) Definitions. (1) “Trafficking documentation” means documentation of (A) a Federal, State*, or Tribal governmental entity’s determination, or a court’s determination, that the consumer* is a trafficking victim, and (B) documentation identifying adverse-information items that should not be furnished because they resulted from severe forms of trafficking in persons or sex trafficking of which the consumer is a victim. (2) “Severe forms of trafficking in persons” and “sex trafficking” have the meanings given in § 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. § 7102). This section does not define those quoted terms. (3) A “victim of trafficking” is a person* who is a victim of a severe form of trafficking in persons or sex trafficking.
(b) Adverse information. An agency may not provide a report containing an adverse item that resulted from such trafficking if the consumer gave the agency trafficking documentation.
(c) Rules. (1) Within 180 days after December 27, 2021, the Director must issue rules implementing subsection (a). (2) The rules must establish how consumers submit trafficking documentation to agencies.
In this section:
The term “trafficking documentation” means—
documentation of—
a determination that a consumer* is a victim of trafficking made by a Federal, State*, or Tribal governmental entity; or
by a court of competent jurisdiction; and
documentation that identifies items of adverse information that should not be furnished by a consumer reporting agency* because the items resulted from a severe form of trafficking in persons or sex trafficking of which the consumer is a victim.
The terms “severe forms of trafficking in persons” and “sex trafficking” have the meanings given, respectively, in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
The term “victim of trafficking” means a person* who is a victim of a severe form of trafficking in persons or sex trafficking.
A consumer reporting agency may not furnish a consumer report* containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if the consumer has provided trafficking documentation to the consumer reporting agency.
Not later than 180 days after December 27, 2021, the Director shall issue rules to implement subsection (a).
The rules issued pursuant to paragraph (1) shall establish a method by which consumers shall submit trafficking documentation to consumer reporting agencies.
Source credit: (Pub. L. 90–321, title VI, § 605C, as added Pub. L. 117–81, div. F, title LXI, § 6102(a), Dec. 27, 2021, 135 Stat. 2383.)
- 2021Enacted · Pub. L. 90-321 · 135 Stat. 2383
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-321 on 2021-12-27.
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