15 U.S.C. § 6821 — Privacy protection for customer informa-

Page 2297 TITLE 15—COMMERCE AND TRADE § 6821 (D) the disclosure is required, or is a usual, appropriate or acceptable method, in con- nection with— (i) the authorization, settlement, billing, processing, clearing, transferring, recon- ciling, or collection of amounts charged, debited, or otherwise paid using a debit, credit or other payment card, check, or ac- count number, or by other payment means; (ii) the transfer of receivables, accounts or interests therein; or (iii) the audit of debit, credit or other payment information. (8) State insurance authority The term ‘‘State insurance authority’’ means, in the case of any person engaged in providing insurance, the State insurance au- thority of the State in which the person is domiciled. (9) Consumer The term ‘‘consumer’’ means an individual who obtains, from a financial institution, fi- nancial products or services which are to be used primarily for personal, family, or house- hold purposes, and also means the legal rep- resentative of such an individual. (10) Joint agreement The term ‘‘joint agreement’’ means a formal written contract pursuant to which two or more financial institutions jointly offer, en- dorse, or sponsor a financial product or serv- ice, and as may be further defined in the regu- lations prescribed under section 6804 of this title. (11) Customer relationship The term ‘‘time of establishing a customer relationship’’ shall be defined by the regula- tions prescribed under section 6804 of this title, and shall, in the case of a financial insti- tution engaged in extending credit directly to consumers to finance purchases of goods or services, mean the time of establishing the credit relationship with the consumer. (Pub. L. 106–102, title V, § 509, Nov. 12, 1999, 113 Stat. 1443.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle A (§§ 501–510) of title V of Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1436, which is classified principally to this subchapter. For complete classification of subtitle A to the Code, see Tables. The Commodity Exchange Act, referred to in par. (3)(B), is act Sept. 21, 1922, ch. 369, 42 Stat. 998, which is classified generally to chapter 1 (§ 1 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1 of Title 7 and Tables. The Farm Credit Act of 1971, referred to in par. (3)(C), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 583, which is classified generally to chapter 23 (§ 2001 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 12 and Tables. SUBCHAPTER II—FRAUDULENT ACCESS TO FINANCIAL INFORMATION § 6821. Privacy protection for customer informa- tion of financial institutions (a) Prohibition on obtaining customer informa- tion by false pretenses It shall be a violation of this subchapter for any person to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, customer information of a financial institution relating to another person— (1) by making a false, fictitious, or fraudu- lent statement or representation to an officer, employee, or agent of a financial institution; (2) by making a false, fictitious, or fraudu- lent statement or representation to a cus- tomer of a financial institution; or (3) by providing any document to an officer, employee, or agent of a financial institution, knowing that the document is forged, counter- feit, lost, or stolen, was fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation. (b) Prohibition on solicitation of a person to ob- tain customer information from financial in- stitution under false pretenses It shall be a violation of this subchapter to re- quest a person to obtain customer information of a financial institution, knowing that the per- son will obtain, or attempt to obtain, the infor- mation from the institution in any manner de- scribed in subsection (a). (c) Nonapplicability to law enforcement agencies No provision of this section shall be construed so as to prevent any action by a law enforce- ment agency, or any officer, employee, or agent of such agency, to obtain customer information of a financial institution in connection with the performance of the official duties of the agency. (d) Nonapplicability to financial institutions in certain cases No provision of this section shall be construed so as to prevent any financial institution, or any officer, employee, or agent of a financial institu- tion, from obtaining customer information of such financial institution in the course of— (1) testing the security procedures or sys- tems of such institution for maintaining the confidentiality of customer information; (2) investigating allegations of misconduct or negligence on the part of any officer, em- ployee, or agent of the financial institution; or (3) recovering customer information of the financial institution which was obtained or re- ceived by another person in any manner de- scribed in subsection (a) or (b). (e) Nonapplicability to insurance institutions for investigation of insurance fraud No provision of this section shall be construed so as to prevent any insurance institution, or any officer, employee, or agency of an insurance institution, from obtaining information as part of an insurance investigation into criminal ac- tivity, fraud, material misrepresentation, or material nondisclosure that is authorized for such institution under State law, regulation, in- terpretation, or order. Page 2298 TITLE 15—COMMERCE AND TRADE § 6822 (f) Nonapplicability to certain types of customer information of financial institutions No provision of this section shall be construed so as to prevent any person from obtaining cus- tomer information of a financial institution that otherwise is available as a public record filed pursuant to the securities laws (as defined in section 78c(a)(47) of this title). (g) Nonapplicability to collection of child sup- port judgments No provision of this section shall be construed to prevent any State-licensed private investi- gator, or any officer, employee, or agent of such private investigator, from obtaining customer information of a financial institution, to the ex- tent reasonably necessary to collect child sup- port from a person adjudged to have been delin- quent in his or her obligations by a Federal or State court, and to the extent that such action by a State-licensed private investigator is not unlawful under any other Federal or State law or regulation, and has been authorized by an order or judgment of a court of competent juris- diction. (Pub. L. 106–102, title V, § 521, Nov. 12, 1999, 113 Stat. 1446.) § 6822. Administrative enforcement (a) Enforcement by Federal Trade Commission Except as provided in subsection (b), compli- ance with this subchapter shall be enforced by the Federal Trade Commission in the same man- ner and with the same power and authority as the Commission has under the Fair Debt Collec- tion Practices Act [15 U.S.C. 1692 et seq.] to en- force compliance with such Act. (b) Enforcement by other agencies in certain cases (1) In general Compliance with this subchapter shall be en- forced under— (A) section 8 of the Federal Deposit Insur- ance Act [12 U.S.C. 1818], in the case of— (i) national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Cur- rency; (ii) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending com- panies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act [12 U.S.C. 601 et seq., 611 et seq.], by the Board; (iii) banks insured by the Federal De- posit Insurance Corporation (other than members of the Federal Reserve System and national nonmember banks) and in- sured State branches of foreign banks, by the Board of Directors of the Federal De- posit Insurance Corporation; and (iv) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, by the Director of the Office of Thrift Supervision; and (B) the Federal Credit Union Act [12 U.S.C. 1751 et seq.], by the Administrator of the Na- tional Credit Union Administration with re- spect to any Federal credit union. (2) Violations of this subchapter treated as vio- lations of other laws For the purpose of the exercise by any agen- cy referred to in paragraph (1) of its powers under any Act referred to in that paragraph, a violation of this subchapter shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in paragraph (1), each of the agencies referred to in that paragraph may exercise, for the pur- pose of enforcing compliance with this sub- chapter, any other authority conferred on such agency by law. (Pub. L. 106–102, title V, § 522, Nov. 12, 1999, 113 Stat. 1447.) Editorial Notes REFERENCES IN TEXT The Fair Debt Collection Practices Act, referred to in subsec. (a), is title VIII of Pub. L. 90–321, as added by Pub. L. 95–109, Sept. 20, 1977, 91 Stat. 874, which is clas- sified generally to subchapter V (§ 1692 et seq.) of chap- ter 41 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1601 of this title and Tables. Section 25 of the Federal Reserve Act, referred to in subsec. (b)(1)(A)(ii), is classified to subchapter I (§ 601 et seq.) of chapter 6 of Title 12, Banks and Banking. Sec- tion 25A of the Federal Reserve Act is classified to sub- chapter II (§ 611 et seq.) of chapter 6 of Title 12. The Federal Credit Union Act, referred to in subsec. (b)(1)(B), is act June 26, 1934, ch. 750, 48 Stat. 1216, which is classified generally to chapter 14 (§ 1751 et seq.) of Title 12, Banks and Banking. For complete classifica- tion of this Act to the Code, see section 1751 of Title 12 and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions vested in Administrator of National Credit Union Administration transferred and vested in Na- tional Credit Union Administration Board pursuant to section 1752a of Title 12, Banks and Banking. § 6823. Criminal penalty (a) In general Whoever knowingly and intentionally vio- lates, or knowingly and intentionally attempts to violate, section 6821 of this title shall be fined in accordance with title 18 or imprisoned for not more than 5 years, or both. (b) Enhanced penalty for aggravated cases Whoever violates, or attempts to violate, sec- tion 6821 of this title while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000 in a 12-month period shall be fined twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of section 3571 of title 18, imprisoned for not more than 10 years, or both. (Pub. L. 106–102, title V, § 523, Nov. 12, 1999, 113 Stat. 1448.)