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42 U.S.C. § 1320d–8 — Processing payment transactions by financial institutions

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1320d–8 — Processing payment transactions by financial institutions

To the extent that an entity is engaged in activities of a financial institution (as defined in [section 3401 of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3401&num=0&edition=prelim)), or is engaged in authorizing, processing, clearing, settling, billing, transferring, reconciling, or collecting payments, for a financial institution, this part, and any standard adopted under this part, shall not apply to the entity with respect to such activities, including the following: (1) The use or disclosure of information by the entity for authorizing, processing, clearing, settling, billing, transferring, reconciling or collecting, a payment for, or related to, health plan premiums or health care, where such payment is made by any means, including a credit, debit, or other payment card, an account, check, or electronic funds transfer. (2) The request for, or the use or disclosure of, information by the entity with respect to a payment described in paragraph (1)— (A) for transferring receivables; (B) for auditing; (C) in connection with— (i) a customer dispute; or (ii) an inquiry from, or to, a customer; (D) in a communication to a customer of the entity regarding the customer’s transactions, payment card, account, check, or electronic funds transfer; (E) for reporting to consumer reporting agencies; or (F) for complying with— (i) a civil or criminal subpoena; or (ii) a Federal or State law regulating the entity.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1320d–8

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Stable record: federal_law:legal_authorities:record_usc_22d5200884a22824df316cda
Source file: Laws/federal/codes/united-states-code/title-42/section-1320d8-processing-payment-transactions-by-financial-institutions--3a8190c393.md
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Passage SHA-256: c2cfd077eeb4ba8c9e5dc9f29b2b63451dbc1c4581e13c5bd8d4911169d3e314

Source location: Title 42, Chapter 7, § 1320d–8; chapter-007-social-security.md

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To the extent that an entity is engaged in activities of a financial institution (as defined in [section 3401 of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3401&num=0&edition=prelim)), or is engaged in authorizing, processing, clearing, settling, billing, transferring, reconciling, or collecting payments, for a financial institution, this part, and any standard adopted under this part, shall not apply to the entity with respect to such activities, including the following: (1) The use or disclosure of information by the entity for authorizing, processing, clearing, settling, billing, transferring, reconciling or collecting, a payment for, or related to, health plan premiums or health care, where such payment is made by any means, including a credit, debit, or other payment card, an account, check, or electronic funds transfer. (2) The request for, or the use or disclosure of, information by the entity with respect to a payment described in paragraph (1)— (A) for transferring receivables; (B) for auditing; (C) in connection with— (i) a customer dispute; or (ii) an inquiry from, or to, a customer; (D) in a communication to a customer of the entity regarding the customer’s transactions, payment card, account, check, or electronic funds transfer; (E) for reporting to consumer reporting agencies; or (F) for complying with— (i) a civil or criminal subpoena; or (ii) a Federal or State law regulating the entity.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 3401 — Definitions

For the purpose of this chapter, the term— (1) “financial institution”, except as provided in [section 3414 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3414&num=0&edition=prelim), means any office of a bank, savings bank, card issuer as defined in section 1602(n) 11 See References in Text note below. of title 15, industrial loan company, trust company, savings association, building and loan, or homestead association (including cooperative banks), credit union, or consumer finance institution, located in any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, or the Virgin Islands; (2) “financial record” means an original of, a copy of, or information known to have been derived from, any record held by a financial institution pertaining to a customer’s relationship with the financial institution; (3) “Government authority” means any agency or department of the United States, or any officer, employee, or agent thereof; (4) “person” means an individual or a partnership of five or fewer individuals; (5) “customer” means any person or authorized representative of that person who utilized or is utilizing any service of a financial institution, or for whom a financial institution is acting or has acted as a fiduciary, in relation to an account maintained in the person’s name; (6) “holding company” means— (A) any bank holding company (as defined in [section 1841 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1841&num=0&edition=prelim)); and (B) any company described in [section 1843(f)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1843/f/1&num=0&edition=prelim); (7) “supervisory

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 3401

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1681b — Permissible purposes of consumer reports

**(a) In general** Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other: (1) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with [section 5318 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5318&num=0&edition=prelim) or [section 3486 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3486&num=0&edition=prelim). (2) In accordance with the written instructions of the consumer to whom it relates. (3) To a person which it has reason to believe— (A) 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; or (B) intends to use the information for employment purposes; or (C) intends to use the information in connection with the underwriting of insurance involving the consumer; or (D) intends to use the information in connection with a determination of the consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status; or (E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or (F) otherwise has a legitimate business need for the information— (i) in connection with a business transaction that is i

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1681b

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