Begin typing to search, use arrow keys to navigate, use enter to select. (A) In general. As ordered by a court or a federal grand jury subpoena. If someone violates your rights under the FCRA, you have some remedies available. [FTC Note 1]As written in the poorly drafted 2007 amendment that added section 604(a)(3)(G). From bankers. All users must have a permissible purpose under the FCRA to obtain a consumer report. Company Name FAIR CREDIT REPORTING ACT DISCLOSURE STATEMENT In accordance with the provisions of Section 604(b)(2)(A) of the Fair Credit Reporting Act, Public Law 91-508, as amended by the Consumer Credit Reporting Act of 1996 (Title II, Subtitle D, Chapter I, of Public Law 104-208), you are being informed that reports 18,804, 18,815 (May 4, 1990). The FACT Act created new responsibilities for consumer reporting agencies and users of con­ sumer reports, many concerning consumer disclo­ sures and identity theft. The particular obligations of users of "prescreened" information are described in Section … (i) If a consumer described in subparagraph (C) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph (A) of this section and under section 615(a), within 3 business days of taking such action, an oral, written or electronic notification–. A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information (other than medical contact information treated in the manner required under section 605(a)(6)) about a consumer, unless –. [FTC Note 2]The references in Sections 604(b)(3)(A) and 604(b)(3)(B) should be to Section 1681g(c)(1), not (c)(3) that no longer exists as the result of Congress’ re-organization of Section 1681g(c) in 2003 (FACT Act). Looking for effective, convenient training on a particular subject. (D) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph (A), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose. (II) the address and toll-free telephone number for consumers to use to notify the agency of the consumer's election under clause (I). For purposes of this paragraph, the following definitions shall apply: (i) The term “classified information” means information that is protected from unauthorized disclosure under Executive Order No. State law may impose additional requirements. Section 604 contains a list of the permissible purposes under the law.   Templates for 609 letters can be found on the internet—often for a fee—but there is no need to spend money on such a product. They also are known as consumer reports. Section 604(a)(3)(A) of the FCRA provides a permissible purpose to a party that "intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer." BankersOnline.com - For bankers. Except as permitted pursuant to paragraph (3)(C) or regulations prescribed under paragraph (5)(A), a creditor shall not obtain or use medical information (other than medical contact information treated in the manner required under section 605(a)(6)) pertaining to a consumer in connection with any determination of the consumer's eligibility, or continued eligibility, for credit. (4) Limitation on redisclosure of medical information. (3) Response of agency after notification through system. If a consumer reporting agency is notified pursuant to Section 623(a)(4) 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. Copyright © 2021, Thomson Reuters. (iv) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing. The nonliable spouse has no "credit" relationship with the judgment holder under that provision, and thus no "concrete" or "established" connection to that party that would provide a permissible purpose pursuant to its terms. The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transactions under paragraph (2) that are determined to be necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs (and which shall include permitting actions necessary for administrative verification purposes), consistent with the intent of paragraph (2) to restrict the use of medical information for inappropriate purposes. (E) Definitions. that establishes the permissible purpose. (C) Scope. FAIR CREDIT REPORTING ACT DISCLOSURE STATEMENT In accordance with the provisions of Section 604(b)(2)(A) of the Fair Credit Reporting Act, Public Law 91-508, as amended by the Consumer Credit Reporting Reform Act of 1996 (Title II, Subtitle D, Chapter 1, of Public Law (a) In general. (i) the consumer report is relevant to a national security investigation of such agency or department; (ii) the investigation is within the jurisdiction of such agency or department; (iii) there is reason to believe that compliance with paragraph (3) will –. (3) Actions authorized by federal law, insurance activities and regulatory determinations. [Note: See also 12 CFR Parts 41/222/232/334/571/717]. Please try again. involving the extension of credit to, or review or collection of an account of the consumer, or It doesn’t take a rocket scientist to clearly see that 15 U.S.C. 605. ... Home; Title 16 PART 604. PART 604 - FAIR CREDIT REPORTING ACT RULES . [FTC Note 2]. SECTION 604.1 604… A collection of useful resources for various areas of the bank which have been developed by members of the BankersOnline staff or have been created and contributed by users of the BankersOnline site. (A) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph (2); (B) shall be effective with respect to a consumer reporting agency, (i) subject to subparagraph (C), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph (2)(A); or. (e) Election of consumer to be excluded from lists. Section 604(c). Section 609 [15 USC 1681g ] of the Fair Credit Reporting Act of 1970 provides that your credit bureau should send me all information on file that led to my credit application being denied. This title may be cited as the “Fair Credit Reporting Act”. 545a_fair-credit-reporting-act-0918.pdf (659.69 KB) The Act (Title VI of the Consumer Credit Protection Act) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. The Congress makes the fol-lowing findings: (1) The banking system is dependent upon fair and accurate credit report-ing. (iii) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought. Although staff generally followed the format of the U.S. Code as Subsection (F)(ii) should end with “; or” instead of a period, and the text of subsection (G) should conform to the style of the rest of section 604(a)(3). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Except as provided in section 609(a)(5) [§1681g], a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer. A consumer may elect to have the consumer's name and address excluded from any list provided by a consumer reporting agency under subsection (c)(1)(B) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph (2) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer. 1681i(e)], as added by this section. Support our advertisers and sponsors by clicking through to learn more about their products and services. Except as provided in subparagraph (B), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless –, (i) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and. Not later than January 31 of each year, the head of each agency and department of the United States Government that exercised authority under this paragraph during the preceding year shall submit a report to the Congress on the number of times the department or agency exercised such authority during the year. (B) Application by mail, telephone, computer, or other similar means. In preparing the report required under paragraph (2), the Board and the Commission shall consider information relating to complaints compiled by the Commission under section 611(e) of the Fair Credit Reporting Act [15 U.S.C. L. 108-159, secs. (2) the purpose is certified in accordance with section 607 [§ 1681e] by a prospective user of the report through a general or specific certification. (2) Limitation on creditors. . This article was edited and reviewed by FindLaw Attorney Writers (I) endanger the life or physical safety of any person; (III) result in the destruction of, or tampering with, evidence relevant to the investigation; (IV) result in the intimidation of a potential witness relevant to the investigation; (V) result in the compromise of classified information; or. Microsoft Edge. 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