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15 U.S.C. § 1681k — Public record information for employment purposes
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer’s ability to obtain employment shall—
(1) at the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or
(2) maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer’s ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported.
**(b) Exemption for national security investigations** Subsection (a) does not apply in the case of an agency or department of the United States Government that seeks to obtain and use a consumer report for employment purposes, if the head of the agency or department makes a written finding as prescribed under [section 1681b(b)(4)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681b/b/4/A&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_7b8a3f671aee0cebbfab52e9
Source file: Laws/federal/codes/united-states-code/title-15/section-1681k-public-record-information-for-employment-purposes--42a73422dd.md
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Source location: Title 15, Chapter 41, § 1681k; chapter-041-consumer-credit-protection.md
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**(a) In general** A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer’s ability to obtain employment shall—
(1) at the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or
(2) maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer’s ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported.
**(b) Exemption for national security investigations** Subsection (a) does not apply in the case of an agency or department of the United States Government that seeks to obtain and use a consumer report for employment purposes, if the head of the agency or department makes a written finding as prescribed under [section 1681b(b)(4)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681b/b/4/A&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Accuracy and fairness of credit reporting** The Congress makes the following findings:
(1) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.
(2) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.
(3) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.
(4) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer’s right to privacy.
**(b) Reasonable procedures** It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1681
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.
**(b)** The term “person” means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.
**(c)** The term “consumer” means an individual.
**(d) Consumer Report.—**
(1) **In general.—** — The term “consumer report” means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for—
(A) credit or insurance to be used primarily for personal, family, or household purposes;
(B) employment purposes; or
(C) any other purpose authorized under [section 1681b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681b&num=0&edition=prelim).
(2) **Exclusions.—** — Except as provided in paragraph (3), the term “consumer report” does not include—
(A) subject to [section 1681s–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681s-3&num=0&edition=prelim), any—
(i) report containing information solely as to transactions or experiences between the consumer and the person making the report;
(ii) communication of that information among persons related by common ownership or affiliated by corporate control; or
(iii) communication of other information among persons related by common ownership or affiliated by corporate control, if it
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1681a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disclosure of fact of preparation** A person may not procure or cause to be prepared an investigative consumer report on any consumer unless—
(1) it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and such disclosure (A) is made in a writing mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested, and (B) includes a statement informing the consumer of his right to request the additional disclosures provided for under subsection (b) of this section and the written summary of the rights of the consumer prepared pursuant to [section 1681g(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681g/c&num=0&edition=prelim); and
(2) the person certifies or has certified to the consumer reporting agency that—
(A) the person has made the disclosures to the consumer required by paragraph (1); and
(B) the person will comply with subsection (b).
**(b) Disclosure on request of nature and scope of investigation** Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection (a)(1), make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such repo
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1681d
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Federal law — U.S. Code and appendices · legal_authorities
Page 1596
TITLE 15—COMMERCE AND TRADE
§ 1681k
distribution required by section 612(a)(1)(B) [15 U.S.C.
1681j(a)(1)(B)], as amended by this section, in a manner
that—
‘‘(A) does not temporarily overwhelm such con-
sumer reporting agencies with requests for disclo-
sures of consumer reports beyond their capacity to
deliver; and
‘‘(B) does not deny creditors, other users, and con-
sumers access to consumer reports on a time-sen-
sitive basis for specific purposes, such as home pur-
chases or suspicions of identity theft, during the
transition period.
‘‘(5) TIMING.—Regulations required by this subsection
shall—
‘‘(A) be issued in final form not later than 6 months
after the date of enactment of this Act [Dec. 4, 2003];
and
‘‘(B) become effective not later than 6 months after
the date on which they are issued in final form.
‘‘(6) SCOPE OF REGULATIONS.—
‘‘(A) IN GENERAL.—The Bureau shall, by rule, deter-
mine whether to require a consumer reporting agency
that compiles and maintains files on consumers on
substantially a nationwide basis, other than one de-
scribed in section 603(p) of the Fair Credit Reporting
Act [15 U.S.C. 1681a(p)], to make free consumer re-
ports available upon consumer request, and if so,
whether such consumer reporting agencies should
make such free reports available through the central-
ized source described in paragraph (1)(A).
‘‘(B) CONSIDERATIONS.—Before making any deter-
mination under subparagraph (A), the Bureau shall
consider—
‘‘(i) the number of requests for consumer reports
to, and the number of consumer reports generated
by, the consumer reporting agency, in comparison
with consumer reporting agencies described in sub-
sections (p) and (w) [now (x)] of section 603 of the
Fair Credit Reporting Act [15 U.S.C. 1681a(p), (
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1681k
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