§1681c — Requirements Relating to Information Contained in Consumer Reports

Commerce and Trade

Chapter 41 — Consumer Credit Protection

Subchapter III — Credit Reporting Agencies

(a) Information excluded from consumer reports. - Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(a)(1) 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.

(a)(2) 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.

(a)(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.

(a)(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.

(a)(5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.

(a)(6) The name, address, and telephone number of any medical information furnisher that has notified the agency of its status, unless—

(a)(6)(A) 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

(a)(6)(B) 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.

(b) Exempted cases. - The provisions of paragraphs (1) through (5) of subsection (a) of this section are not applicable in the case of any consumer credit report to be used in connection with—

(b)(1) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of $150,000 or more;

(b)(2) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of $150,000 or more; or

(b)(3) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal $75,000, or more.

(c) Running of reporting period. -

(c)(1) In general. - The 7-year period referred to in paragraphs (4) and (6) of subsection (a) of this section 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.

(c)(2) Effective date. - 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.

(d) Information required to be disclosed. -

(d)(1) Title 11 information

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.

(d)(2) Key factor in credit score information

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.

(e) Indication of closure of account by consumer. - 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.

(f) Indication of dispute by consumer. - If a consumer reporting agency is notified pursuant to section 1681s-2(a)(3) of this title that information regarding a consumer who² 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.

(g) Truncation of credit card and debit card numbers

(g)(1) In general

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.

(g)(2) Limitation

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.

(g)(3) Effective date

This subsection shall become effective—

(g)(3)(A) 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

(g)(3)(B) 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.

(h) Notice of discrepancy in address

(h)(1) In general

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.

(h)(2) Regulations

(h)(2)(A) Regulations required

The Bureau shall, in consultation with the Federal banking agencies, the National Credit Union Administration, and the Federal Trade Commission, 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).

(h)(2)(B) Policies and procedures to be included The regulations prescribed under subparagraph (A) shall describe reasonable policies and procedures for use by a user of a consumer report—

(h)(2)(B)(i) to form a reasonable belief that the user knows the identity of the person to whom the consumer report pertains; and

(h)(2)(B)(ii) 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.

(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 .)

Amendment of Subsection (a)

Pub. L. 115–174, title III, §302(b)(2), (e), May 24, 2018, 132 Stat. 1333 , 1335, provided that, effective 1 year after May 24, 2018, subsection (a) of this section is amended by adding at the end the following new paragraphs:

(7) 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.

(8) 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. See 2018 Amendment note below.

REFERENCES IN TEXT

The Bankruptcy Act, referred to in subsec. (a)(1), was act July 1, 1898, ch. 541, 30 Stat. 544, as amended, which was classified to section 1 et seq. of former Title 11, Bankruptcy, prior to its repeal by Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2549, section 101 of which enacted revised Title 11.

AMENDMENTS

2018-Subsec. (a)(7), (8). Pub. L. 115–174 added pars. (7) and (8).

2010—Subsec. (h)(2)(A). Pub. L. 111–203, §1088(a)(5), substituted “, in consultation with the Federal banking agencies, the National Credit Union Administration, and the Federal Trade Commission,” for “with respect to the entities that are subject to their respective enforcement authority under section 1681s of this title”.

Pub. L. 111–203, §1088(a)(2)(D), substituted “The Bureau shall” for “The Federal banking agencies, the National Credit Union Administration, and the Commission shall jointly”.

2003—Subsec. (a)(1). Pub. L. 108–159, §811(c)(1), substituted “(1) Cases” for “(1) cases”.

Subsec. (a)(2). Pub. L. 108–159, §811(c)(2)(A), made technical correction to directory language of Pub. L. 105–347, §5(1). See 1998 Amendment note below.

Subsec. (a)(6). Pub. L. 108–159, §412(b), added par. (6).

Subsec. (b). Pub. L. 108–159, §412(c), substituted “The provisions of paragraphs (1) through (5) of subsection (a)” for “The provisions of subsection (a)” in introductory provisions.

Subsec. (d). Pub. L. 108–159, §212(d), designated existing provisions as par. (1), inserted heading, and added par. (2).

Subsec. (g). Pub. L. 108–159, §113, added subsec. (g).

Subsec. (h). Pub. L. 108–159, §315, added subsec. (h).

1998 - Subsection(a)(2). Pub. L. 105-347, §5(1), which directed the amendment of par. (2) by substituting ''Civil suits, civil judgments, and records of arrest that'' for ''Suits and Judgments which'', was executed by making the substitution for ''Suits and judgments which'' to reflect the probable intent of Congress.

Subsection(a)(5), (6). Pub. L. 105-347, §5(2)-(4), redesignated par. (6) as (5), inserted '', other than records of convictions of crimes'' after ''of information'', and struck out former par. (5) which read as follows: ''Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years.''

1996 - Pub. L. 104-208, §2406(e )(1), amended section catchline.

Subsection(a). Pub. L. 104-208, §2406(a )(1), inserted heading.

Subsection(b). Pub. L. 104-208, §2406(a )(2), substituted ''$150,000'' for ''$50,000'' in pars. (1) and (2) and ''$75,000'' for ''$20,000'' in par. (3).

Subsection(c). Pub. L. 104-208, §2406(b), added Subsection(c).

Subsection(d). Pub. L. 104-208, §2406(c), added Subsection(d).

Subsections. (e), (f). Pub. L. 104-208, §2406(d), added Subsections. ( e) and (f).

1978 - Subsection(a)(1). Pub. L. 95-598 substituted ''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'' for ''Bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than fourteen years''.