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15 U.S.C. § 1681t — Relation to State laws
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as provided in subsections (b) and (c), this subchapter does not annul, alter, affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to the collection, distribution, or use of any information on consumers, or for the prevention or mitigation of identity theft, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency.
**(b) General exceptions** No requirement or prohibition may be imposed under the laws of any State—
(1) with respect to any subject matter regulated under—
(A) subsection (c) or (e) of [section 1681b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681b&num=0&edition=prelim), relating to the prescreening of consumer reports;
(B) [section 1681i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681i&num=0&edition=prelim), relating to the time by which a consumer reporting agency must take any action, including the provision of notification to a consumer or other person, in any procedure related to the disputed accuracy of information in a consumer’s file, except that this subparagraph shall not apply to any State law in effect on September 30, 1996;
(C) subsections (a) and (b) of [section 1681m of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681m&num=0&edition=prelim), relating to the duties of a person who takes any adverse action with respect to a consumer;
(D) [section 1681m(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681m/d&num=0&edition=prelim), relating to the duties of persons w
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Source file: Laws/federal/codes/united-states-code/title-15/section-1681t-relation-to-state-laws--f6179ee116.md
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Source location: Title 15, Chapter 41, § 1681t; chapter-041-consumer-credit-protection.md
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**(a) In general** Except as provided in subsections (b) and (c), this subchapter does not annul, alter, affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to the collection, distribution, or use of any information on consumers, or for the prevention or mitigation of identity theft, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency.
**(b) General exceptions** No requirement or prohibition may be imposed under the laws of any State—
(1) with respect to any subject matter regulated under—
(A) subsection (c) or (e) of [section 1681b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681b&num=0&edition=prelim), relating to the prescreening of consumer reports;
(B) [section 1681i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681i&num=0&edition=prelim), relating to the time by which a consumer reporting agency must take any action, including the provision of notification to a consumer or other person, in any procedure related to the disputed accuracy of information in a consumer’s file, except that this subparagraph shall not apply to any State law in effect on September 30, 1996;
(C) subsections (a) and (b) of [section 1681m of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681m&num=0&edition=prelim), relating to the duties of a person who takes any adverse action with respect to a consumer;
(D) [section 1681m(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681m/d&num=0&edition=prelim), relating to the duties of persons who use a consumer report of a consumer in connection with any credit or insurance transaction that is not initiated by the consumer and that consists of a firm offer of credit or insurance;
(E) [section 1681c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681c&num=0&edition=prelim), relating to information contained in consumer reports, except that this subparagraph shall not apply to any State law in effect on September 30, 1996;
(F) [section 1681s–2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681s-2&num=0&edition=prelim), relating to the responsibilities of persons who furnish information to consumer reporting agencies, except that this paragraph shall not apply—
(i) with respect to section 54A(a) of chapter 93 of the Massachusetts Annotated Laws (as in effect on September 30, 1996); or
(ii) with respect to section 1785.25(a) of the California Civil Code (as in effect on September 30, 1996);
(G) [section 1681g(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681g/e&num=0&edition=prelim), relating to information available to victims under [section 1681g(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681g/e&num=0&edition=prelim);
(H) [section 1681s–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681s-3&num=0&edition=prelim), relating to the exchange and use of information to make a solicitation for marketing purposes;
(I) [section 1681m(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681m/h&num=0&edition=prelim), relating to the duties of users of consumer reports to provide notice with respect to terms in certain credit transactions;
(J) subsections (i) and (j) of [section 1681c–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681c-1&num=0&edition=prelim) relating to security freezes; or
(K) subsection (k) of [section 1681c–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681c-1&num=0&edition=prelim), relating to credit monitoring for active duty military consumers, as defined in that subsection;
(2) with respect to the exchange of information among persons affiliated by common ownership or common corporate control, except that this paragraph shall not apply with respect to subsection (a) or (c)(1) of [section 2480e of title 9](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title9-section2480e&num=0&edition=prelim), Vermont Statutes Annotated (as in effect on September 30, 1996);
(3) with respect to the disclosures required to be made under subsection (c), (d), (e), or (g) of [section 1681g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681g&num=0&edition=prelim), or subsection (f) of [section 1681g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681g&num=0&edition=prelim) relating to the disclosure of credit scores for credit granting purposes, except that this paragraph—
(A) shall not apply with respect to sections 1785.10, 1785.16, and 1785.20.2 of the California Civil Code (as in effect on December 4, 2003) and section 1785.15 through section 1785.15.2 of such Code (as in effect on such date);
(B) shall not apply with respect to sections 5–3–106(2) and 212–14.3–104.3 of the Colorado Revised Statutes (as in effect on December 4, 2003); and
(C) shall not be construed as limiting, annulling, affecting, or superseding any provision of the laws of any State regulating the use in an insurance activity, or regulating disclosures concerning such use, of a credit-based insurance score of a consumer by any person engaged in the business of insurance;
(4) with respect to the frequency of any disclosure under [section 1681j(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681j/a&num=0&edition=prelim), except that this paragraph shall not apply—
(A) with respect to section 12–14.3–105(1)(d) of the Colorado Revised Statutes (as in effect on December 4, 2003);
(B) with respect to section 10–1–393(29)(C) of the Georgia Code (as in effect on December 4, 2003);
(C) with respect to section 1316.2 of title 10 of the Maine Revised Statutes (as in effect on December 4, 2003);
(D) with respect to sections 14–1209(a)(1) and 14–1209(b)(1)(i) of the Commercial Law Article of the Code of Maryland (as in effect on December 4, 2003);
(E) with respect to section 59(d) and section 59(e) of chapter 93 of the General Laws of Massachusetts (as in effect on December 4, 2003);
(F) with respect to section 56:11–37.10(a)(1) of the New Jersey Revised Statutes (as in effect on December 4, 2003); or
(G) with respect to [section 2480c(a)(1) of title 9](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title9-section2480c/a/1&num=0&edition=prelim) of the Vermont Statutes Annotated (as in effect on December 4, 2003); or
(5) with respect to the conduct required by the specific provisions of—
(A) [section 1681c(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681c/g&num=0&edition=prelim);
(B) [section 1681c–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681c-1&num=0&edition=prelim);
(C) [section 1681c–2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681c-2&num=0&edition=prelim);
(D) [section 1681g(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681g/a/1/A&num=0&edition=prelim);
(E) [section 1681j(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681j/a&num=0&edition=prelim);
(F) subsections (e), (f), and (g) of [section 1681m of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681m&num=0&edition=prelim);
(G) [section 1681s(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681s/f&num=0&edition=prelim);
(H) [section 1681s–2(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681s–2/a/6&num=0&edition=prelim); or
(I) [section 1681w of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681w&num=0&edition=prelim).
**(c) “Firm offer of credit or insurance” defined** Notwithstanding any definition of the term “firm offer of credit or insurance” (or any equivalent term) under the laws of any State, the definition of that term contained in section 1681a(l) of this title shall be construed to apply in the enforcement and interpretation of the laws of any State governing consumer reports.
**(d) Limitations** Subsections (b) and (c) do not affect any settlement, agreement, or consent judgment between any State Attorney General and any consumer reporting agency in effect on September 30, 1996.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Identity of financial institutions** Notwithstanding [section 1681b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681b&num=0&edition=prelim) or any other provision of this subchapter, a consumer reporting agency shall furnish to the Federal Bureau of Investigation the names and addresses of all financial institutions (as that term is defined in [section 3401 of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3401&num=0&edition=prelim)) at which a consumer maintains or has maintained an account, to the extent that information is in the files of the agency, when presented with a written request for that information that includes a term that specifically identifies a consumer or account to be used as the basis for the production of that information, signed by the Director of the Federal Bureau of Investigation, or the Director’s designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director, which certifies compliance with this section. The Director or the Director’s designee may make such a certification only if the Director or the Director’s designee has determined in writing, that such information is sought for the conduct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.
**(b) Identifying information** Notwithstanding the provisions of [section 1681b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti
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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.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations**
(1) **In general** — The Federal Trade Commission, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal banking agencies, and the National Credit Union Administration, with respect to the entities that are subject to their respective enforcement authority under [section 1681s of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681s&num=0&edition=prelim), and in coordination as described in paragraph (2), shall issue final regulations requiring any person that maintains or otherwise possesses consumer information, or any compilation of consumer information, derived from consumer reports for a business purpose to properly dispose of any such information or compilation.
(2) **Coordination** — Each agency required to prescribe regulations under paragraph (1) shall—
(A) consult and coordinate with each other such agency so that, to the extent possible, the regulations prescribed by each such agency are consistent and comparable with the regulations by each such other agency; and
(B) ensure that such regulations are consistent with the requirements and regulations issued pursuant to Public Law 106–102 and other provisions of Federal law.
(3) **Exemption authority** — In issuing regulations under this section, the agencies identified in paragraph (1) may exempt any person or class of persons from application of those regulations, as such agency deems appropriate to carry out the purpose of this section.
**(b) Rule of construction** Nothing in this section shall be construed—
(1) to require a person to maintain or destroy any record pertaining to a consumer that is not imposed under other law; or
(2) to alter or affect any requirement imposed under any other provisio
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1681w
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Duties of users taking adverse actions on basis of information contained in consumer reports** If any person takes any adverse action with respect to any consumer that is based in whole or in part on any information contained in a consumer report, the person shall—
(1) provide oral, written, or electronic notice of the adverse action to the consumer;
(2) provide to the consumer written or electronic disclosure—
(A) of a numerical credit score as defined in [section 1681g(f)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681g/f/2/A&num=0&edition=prelim) used by such person in taking any adverse action based in whole or in part on any information in a consumer report; and
(B) of the information set forth in subparagraphs (B) through (E) of [section 1681g(f)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681g/f/1&num=0&edition=prelim);
(3) provide to the consumer orally, in writing, or electronically—
(A) the name, address, and telephone number of the consumer reporting agency (including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis) that furnished the report to the person; and
(B) a statement that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the consumer the specific reasons why the adverse action was taken; and
(4) provide to the consumer an oral, written, or electronic notice of the consumer’s right—
(A) to obtain, under [section 1681j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681j&num=0&edition=prelim), a free copy of a consumer report on the consumer
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Information excluded from consumer reports** Except as authorized under subsection (b), no consumer reporting agency may make any consumer report containing any of the following items of information:
(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.
(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.
(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.
(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.
(5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.
(6) The name, address, and telephone number of any medical information furnisher that has notified the agency of its status, unless—
(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
(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.
(7) With respect to a consumer reporting agency described in [section 1681a(p) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681a/p&num=0&edition=prelim), any information related to a veteran’s medical deb
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Federal law — U.S. Code and appendices · legal_authorities
(a) Information on file; sources; report recipients
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reinvestigations of disputed information**
(1) **Reinvestigation required**
(A) *In general* — Subject to subsection (f) and except as provided in subsection (g), if the completeness or accuracy of any item of information contained in a consumer’s file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.
(B) *Extension of period to reinvestigate* — Except as provided in subparagraph (C), the 30-day period described in subparagraph (A) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation.
(C) *Limitations on extension of period to reinvestigate* — Subparagraph (B) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph (A), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information cannot be verified.
(2) **Prompt notice of dispute to furnisher of information**
(A) *In general* — Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer or a reseller in accordance with paragrap
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1681i
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Federal law — U.S. Code and appendices · legal_authorities
(a) One-call fraud alerts
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1681c–1
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