15 U.S.C. § 1681h — Conditions and form of disclosure to

Page 1588 TITLE 15—COMMERCE AND TRADE § 1681h 1 So in original. Probably should be followed by ‘‘section’’. 2 So in original. Probably should be followed by a comma. see section 2420 of Pub. L. 104–208, set out as a note under section 1681a of this title. EFFECTIVE DATE Section effective upon the expiration of one hundred and eighty days following Oct. 26, 1970, see section 504(d) of Pub. L. 90–321, as added by Pub. L. 91–508, set out as a note under section 1681 of this title. SIMPLIFIED DISCLOSURE TO MAXIMIZE COMPREHENSIBILITY AND STANDARDIZATION Pub. L. 104–208, div. A, title II, § 2408(e)(2), (3), Sept. 30, 1996, 110 Stat. 3009–438, 3009–439, provided that: ‘‘(2) SIMPLIFIED DISCLOSURE.—Not later than 90 days after the date of enactment of this Act [Sept. 30, 1996], each consumer reporting agency shall develop a form on which such consumer reporting agency shall make the disclosures required under section 609(a) of the Fair Credit Reporting Act [15 U.S.C. 1681g(a)], for the pur- pose of maximizing the comprehensibility and stand- ardization of such disclosures. ‘‘(3) GOALS.—The Federal Trade Commission shall take appropriate action to assure that the goals of comprehensibility and standardization are achieved in accordance with paragraph (2).’’ § 1681h. Conditions and form of disclosure to consumers (a) In general (1) Proper identification A consumer reporting agency shall require, as a condition of making the disclosures re- quired under section 1681g of this title, that the consumer furnish proper identification. (2) Disclosure in writing Except as provided in subsection (b), the dis- closures required to be made under section 1681g of this title shall be provided under that section in writing. (b) Other forms of disclosure (1) In general If authorized by a consumer, a consumer re- porting agency may make the disclosures re- quired under 1 1681g of this title— (A) other than in writing; and (B) in such form as may be— (i) specified by the consumer in accord- ance with paragraph (2); and (ii) available from the agency. (2) Form A consumer may specify pursuant to para- graph (1) that disclosures under section 1681g of this title shall be made— (A) in person, upon the appearance of the consumer at the place of business of the con- sumer reporting agency where disclosures are regularly provided, during normal busi- ness hours, and on reasonable notice; (B) by telephone, if the consumer has made a written request for disclosure by tele- phone; (C) by electronic means, if available from the agency; or (D) by any other reasonable means that is available from the agency. (c) Trained personnel Any consumer reporting agency shall provide trained personnel to explain to the consumer any information furnished to him pursuant to section 1681g of this title. (d) Persons accompanying consumer The consumer shall be permitted to be accom- panied by one other person of his choosing, who shall furnish reasonable identification. A con- sumer reporting agency may require the con- sumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer’s file in such person’s pres- ence. (e) Limitation of liability Except as provided in sections 1681n and 1681o of this title, no consumer may bring any action or proceeding in the nature of defamation, inva- sion of privacy, or negligence with respect to the reporting of information against any con- sumer reporting agency, any user of informa- tion, or any person who furnishes information to a consumer reporting agency, based on informa- tion disclosed pursuant to section 1681g, 1681h, or 1681m of this title, or based on information disclosed by a user of a consumer report to or for a consumer against whom the user has taken adverse action, based in whole or in part on the report 2 except as to false information furnished with malice or willful intent to injure such con- sumer. (Pub. L. 90–321, title VI, § 610, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1131; amended Pub. L. 104–208, div. A, title II, § 2408(e)(1), (4), (5)(B), Sept. 30, 1996, 110 Stat. 3009–438, 3009–439.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–208, § 2408(e)(5)(B), inserted ‘‘and form’’ after ‘‘Conditions’’ in section catchline. Subsec. (a). Pub. L. 104–208, § 2408(e)(1), inserted head- ing and amended text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘A consumer report- ing agency shall make the disclosures required under section 1681g of this title during normal business hours and on reasonable notice.’’ Subsec. (b). Pub. L. 104–208, § 2408(e)(1), inserted head- ing and amended text of subsec. (b) generally. Prior to amendment, text read as follows: ‘‘The disclosures re- quired under section 1681g of this title shall be made to the consumer— ‘‘(1) in person if he appears in person and furnishes proper identification; or ‘‘(2) by telephone if he has made a written request, with proper identification, for telephone disclosure and the toll charge, if any, for the telephone call is prepaid by or charged directly to the consumer.’’ Subsec. (e). Pub. L. 104–208, § 2408(e)(4), inserted ‘‘or based on information disclosed by a user of a consumer report to or for a consumer against whom the user has taken adverse action, based in whole or in part on the report’’ before ‘‘except’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 effective 365 days after Sept. 30, 1996, with special rule for early compliance, see section 2420 of Pub. L. 104–208, set out as a note under section 1681a of this title. EFFECTIVE DATE Section effective upon the expiration of one hundred and eighty days following Oct. 26, 1970, see section Page 1589 TITLE 15—COMMERCE AND TRADE § 1681i 504(d) of Pub. L. 90–321, as added by Pub. L. 91–508, set out as a note under section 1681 of this title. § 1681i. Procedure in case of disputed accuracy (a) Reinvestigations of disputed information (1) Reinvestigation required (A) In general Subject to subsection (f) and except as pro- vided in subsection (g), if the completeness or accuracy of any item of information con- tained in a consumer’s file at a consumer re- porting agency is disputed by the consumer and the consumer notifies the agency di- rectly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed informa- tion 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 ad- ditional days if the consumer reporting agency receives information from the con- sumer during that 30-day period that is rel- evant to the reinvestigation. (C) Limitations on extension of period to re- investigate Subparagraph (B) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph (A), the in- formation that is the subject of the reinves- tigation is found to be inaccurate or incom- plete or the consumer reporting agency de- termines that the information cannot be verified. (2) Prompt notice of dispute to furnisher of in- formation (A) In general Before the expiration of the 5-business-day period beginning on the date on which a con- sumer reporting agency receives notice of a dispute from any consumer or a reseller in accordance with paragraph (1), the agency shall provide notification of the dispute to any person who provided any item of infor- mation in dispute, at the address and in the manner established with the person. The no- tice shall include all relevant information regarding the dispute that the agency has received from the consumer or reseller. (B) Provision of other information The consumer reporting agency shall promptly provide to the person who provided the information in dispute all relevant infor- mation regarding the dispute that is re- ceived by the agency from the consumer or the reseller after the period referred to in subparagraph (A) and before the end of the period referred to in paragraph (1)(A). (3) Determination that dispute is frivolous or irrelevant (A) In general Notwithstanding paragraph (1), a con- sumer reporting agency may terminate a re- investigation of information disputed by a consumer under that paragraph if the agen- cy reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a con- sumer to provide sufficient information to investigate the disputed information. (B) Notice of determination Upon making any determination in ac- cordance with subparagraph (A) that a dis- pute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 busi- ness days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency. (C) Contents of notice A notice under subparagraph (B) shall in- clude— (i) the reasons for the determination under subparagraph (A); and (ii) identification of any information re- quired to investigate the disputed informa- tion, which may consist of a standardized form describing the general nature of such information. (4) Consideration of consumer information In conducting any reinvestigation under paragraph (1) with respect to disputed infor- mation in the file of any consumer, the con- sumer reporting agency shall review and con- sider all relevant information submitted by the consumer in the period described in para- graph (1)(A) with respect to such disputed in- formation. (5) Treatment of inaccurate or unverifiable in- formation (A) In general If, after any reinvestigation under para- graph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can- not be verified, the consumer reporting agency shall— (i) promptly delete that item of informa- tion from the file of the consumer, or mod- ify that item of information, as appro- priate, based on the results of the reinves- tigation; and (ii) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. (B) Requirements relating to reinsertion of previously deleted material (i) Certification of accuracy of information If any information is deleted from a con- sumer’s file pursuant to subparagraph (A), the information may not be reinserted in the file by the consumer reporting agency