15 U.S.C. § 1681g — Disclosures to consumers

Page 1582 TITLE 15—COMMERCE AND TRADE § 1681f 1 See References in Text note below. (B) the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of per- sons employed by or contracting with, or un- dergoing investigation for work or con- tracting with the agency or department. (Pub. L. 90–321, title VI, § 607, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1130; amended Pub. L. 104–208, div. A, title II, § 2407, Sept. 30, 1996, 110 Stat. 3009–435; Pub. L. 105–107, title III, § 311(b), Nov. 20, 1997, 111 Stat. 2256; Pub. L. 111–203, title X, § 1088(a)(2)(A), July 21, 2010, 124 Stat. 2087.) Editorial Notes REFERENCES IN TEXT Section 1681b(b)(4) of this title, referred to in subsec. (e)(3)(A), was subsequently amended, and section 1681b(b)(4)(E) no longer defines the term ‘‘classified in- formation’’. However, such term is defined elsewhere in that section. AMENDMENTS 2010—Subsec. (d)(2). Pub. L. 111–203 substituted ‘‘Bu- reau’’ for ‘‘Federal Trade Commission’’ in two places. 1997—Subsec. (e)(3). Pub. L. 105–107 added par. (3). 1996—Subsecs. (c) to (e). Pub. L. 104–208 added subsecs. (c) to (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–107 effective as if included in chapter 1 of subtitle D of the Economic Growth and Regulatory Paperwork Reduction Act of 1996, Pub. L. 104–208, as of Sept. 30, 1996, see section 311(c) of Pub. L. 105–107, set out as a note under section 1681b of this title. 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 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. § 1681f. Disclosures to governmental agencies Notwithstanding the provisions of section 1681b of this title, a consumer reporting agency may furnish identifying information respecting any consumer, limited to his name, address, former addresses, places of employment, or former places of employment, to a governmental agency. (Pub. L. 90–321, title VI, § 608, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1131.) Statutory Notes and Related Subsidiaries 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. § 1681g. Disclosures to consumers (a) Information on file; sources; report recipients Every consumer reporting agency shall, upon request, and subject to section 1681h(a)(1) of this title, clearly and accurately disclose to the con- sumer: (1) All information in the consumer’s file at the time of the request, except that— (A) if the consumer to whom the file relates requests that the first 5 digits of the social se- curity number (or similar identification num- ber) of the consumer not be included in the disclosure and the consumer reporting agency has received appropriate proof of the identity of the requester, the consumer reporting agen- cy shall so truncate such number in such dis- closure; and (B) nothing in this paragraph shall be con- strued to require a consumer reporting agency to disclose to a consumer any information concerning credit scores or any other risk scores or predictors relating to the consumer. (2) The sources of the information; except that the sources of information acquired solely for use in preparing an investigative consumer re- port and actually used for no other purpose need not be disclosed: Provided, That in the event an action is brought under this subchapter, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought. (3)(A) Identification of each person (including each end-user identified under section 1681e(e)(1) of this title) that procured a consumer report— (i) for employment purposes, during the 2- year period preceding the date on which the request is made; or (ii) for any other purpose, during the 1-year period preceding the date on which the request is made. (B) An identification of a person under sub- paragraph (A) shall include— (i) the name of the person or, if applicable, the trade name (written in full) under which such person conducts business; and (ii) upon request of the consumer, the ad- dress and telephone number of the person. (C) Subparagraph (A) does not apply if— (i) the end user is an agency or department of the United States Government that pro- cures the report from the person for purposes of determining the eligibility of the consumer to whom the report relates to receive access or continued access to classified information (as defined in section 1681b(b)(4)(E)(i) 1 of this title); and (ii) the head of the agency or department makes a written finding as prescribed under section 1681b(b)(4)(A) of this title. (4) The dates, original payees, and amounts of any checks upon which is based any adverse characterization of the consumer, included in the file at the time of the disclosure. (5) A record of all inquiries received by the agency during the 1-year period preceding the Page 1583 TITLE 15—COMMERCE AND TRADE § 1681g 2 So in original. Probably should be ‘‘Bureau’’. request that identified the consumer in connec- tion with a credit or insurance transaction that was not initiated by the consumer. (6) If the consumer requests the credit file and not the credit score, a statement that the con- sumer may request and obtain a credit score. (b) Exempt information The requirements of subsection (a) respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports fur- nished prior to the effective date of this sub- chapter except to the extent that the matter in- volved is contained in the files of the consumer reporting agency on that date. (c) Summary of rights to obtain and dispute in- formation in consumer reports and to obtain credit scores (1) Commission 2 summary of rights required (A) In general The Commission 2 shall prepare a model summary of the rights of consumers under this subchapter. (B) Content of summary The summary of rights prepared under subparagraph (A) shall include a description of— (i) the right of a consumer to obtain a copy of a consumer report under sub- section (a) from each consumer reporting agency; (ii) the frequency and circumstances under which a consumer is entitled to re- ceive a consumer report without charge under section 1681j of this title; (iii) the right of a consumer to dispute information in the file of the consumer under section 1681i of this title; (iv) the right of a consumer to obtain a credit score from a consumer reporting agency, and a description of how to obtain a credit score; (v) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency with- out charge, as provided in the regulations of the Bureau prescribed under section 211(c) 1 of the Fair and Accurate Credit Transactions Act of 2003; and (vi) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency de- scribed in section 1681a(w) 1 of this title, as provided in the regulations of the Bureau prescribed under section 1681j(a)(1)(C) of this title. (C) Availability of summary of rights The Commission 2 shall— (i) actively publicize the availability of the summary of rights prepared under this paragraph; (ii) conspicuously post on its Internet website the availability of such summary of rights; and (iii) promptly make such summary of rights available to consumers, on request. (2) Summary of rights required to be included with agency disclosures A consumer reporting agency shall provide to a consumer, with each written disclosure by the agency to the consumer under this sec- tion— (A) the summary of rights prepared by the Bureau under paragraph (1); (B) in the case of a consumer reporting agency described in section 1681a(p) of this title, a toll-free telephone number estab- lished by the agency, at which personnel are accessible to consumers during normal busi- ness hours; (C) a list of all Federal agencies respon- sible for enforcing any provision of this sub- chapter, and the address and any appropriate phone number of each such agency, in a form that will assist the consumer in selecting the appropriate agency; (D) a statement that the consumer may have additional rights under State law, and that the consumer may wish to contact a State or local consumer protection agency or a State attorney general (or the equiva- lent thereof) to learn of those rights; and (E) a statement that a consumer reporting agency is not required to remove accurate derogatory information from the file of a consumer, unless the information is out- dated under section 1681c of this title or can- not be verified. (d) Summary of rights of identity theft victims (1) In general The Commission,2 in consultation with the Federal banking agencies and the National Credit Union Administration, shall prepare a model summary of the rights of consumers under this subchapter with respect to the pro- cedures for remedying the effects of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other cred- itor. (2) Summary of rights and contact information Beginning 60 days after the date on which the model summary of rights is prescribed in final form by the Bureau pursuant to para- graph (1), if any consumer contacts a con- sumer reporting agency and expresses a belief that the consumer is a victim of fraud or iden- tity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor, the consumer reporting agency shall, in addi- tion to any other action that the agency may take, provide the consumer with a summary of rights that contains all of the information re- quired by the Bureau under paragraph (1), and information on how to contact the Bureau to obtain more detailed information. (e) Information available to victims (1) In general For the purpose of documenting fraudulent transactions resulting from identity theft, not later than 30 days after the date of receipt of a request from a victim in accordance with paragraph (3), and subject to verification of Page 1584 TITLE 15—COMMERCE AND TRADE § 1681g 3 So in original. The word ‘‘an’’ probably should not appear. the identity of the victim and the claim of identity theft in accordance with paragraph (2), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or oth- erwise entered into a commercial transaction for consideration with, a person who has alleg- edly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business en- tity, evidencing any transaction alleged to be a result of identity theft to— (A) the victim; (B) any Federal, State, or local govern- ment law enforcement agency or officer specified by the victim in such a request; or (C) any law enforcement agency inves- tigating the identity theft and authorized by the victim to take receipt of records pro- vided under this subsection. (2) Verification of identity and claim Before a business entity provides any infor- mation under paragraph (1), unless the busi- ness entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph (1), the victim shall provide to the business entity— (A) as proof of positive identification of the victim, at the election of the business entity— (i) the presentation of a government- issued identification card; (ii) personally identifying information of the same type as was provided to the busi- ness entity by the unauthorized person; or (iii) personally identifying information that the business entity typically requests from new applicants or for new trans- actions, at the time of the victim’s request for information, including any documenta- tion described in clauses (i) and (ii); and (B) as proof of a claim of identity theft, at the election of the business entity— (i) a copy of a police report evidencing the claim of the victim of identity theft; and (ii) a properly completed— (I) copy of a standardized affidavit of identity theft developed and made avail- able by the Bureau; or (II) an 3 affidavit of fact that is accept- able to the business entity for that pur- pose. (3) Procedures The request of a victim under paragraph (1) shall— (A) be in writing; (B) be mailed to an address specified by the business entity, if any; and (C) if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to fa- cilitate compliance with this section includ- ing— (i) if known by the victim (or if readily obtainable by the victim), the date of the application or transaction; and (ii) if known by the victim (or if readily obtainable by the victim), any other iden- tifying information such as an account or transaction number. (4) No charge to victim Information required to be provided under paragraph (1) shall be so provided without charge. (5) Authority to decline to provide information A business entity may decline to provide in- formation under paragraph (1) if, in the exer- cise of good faith, the business entity deter- mines that— (A) this subsection does not require disclo- sure of the information; (B) after reviewing the information pro- vided pursuant to paragraph (2), the business entity does not have a high degree of con- fidence in knowing the true identity of the individual requesting the information; (C) the request for the information is based on a misrepresentation of fact by the individual requesting the information rel- evant to the request for information; or (D) the information requested is Internet navigational data or similar information about a person’s visit to a website or online service. (6) Limitation on liability Except as provided in section 1681s of this title, sections 1681n and 1681o of this title do not apply to any violation of this subsection. (7) Limitation on civil liability No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursu- ant to this subsection. (8) No new recordkeeping obligation Nothing in this subsection creates an obliga- tion on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law. (9) Rule of construction (A) In general No provision of subtitle A of title V of Public Law 106–102 [15 U.S.C. 6801 et seq.], prohibiting the disclosure of financial infor- mation by a business entity to third parties shall be used to deny disclosure of informa- tion to the victim under this subsection. (B) Limitation Except as provided in subparagraph (A), nothing in this subsection permits a busi- ness entity to disclose information, includ- ing information to law enforcement under subparagraphs (B) and (C) of paragraph (1), that the business entity is otherwise prohib- ited from disclosing under any other applica- ble provision of Federal or State law. (10) Affirmative defense In any civil action brought to enforce this subsection, it is an affirmative defense (which Page 1585 TITLE 15—COMMERCE AND TRADE § 1681g the defendant must establish by a preponder- ance of the evidence) for a business entity to file an affidavit or answer stating that— (A) the business entity has made a reason- ably diligent search of its available business records; and (B) the records requested under this sub- section do not exist or are not reasonably available. (11) Definition of victim For purposes of this subsection, the term ‘‘victim’’ means a consumer whose means of identification or financial information has been used or transferred (or has been alleged to have been used or transferred) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime. (12) Effective date This subsection shall become effective 180 days after December 4, 2003. (13) Effectiveness study Not later than 18 months after December 4, 2003, the Comptroller General of the United States shall submit a report to Congress as- sessing the effectiveness of this provision. (f) Disclosure of credit scores (1) In general Upon the request of a consumer for a credit score, a consumer reporting agency shall sup- ply to the consumer a statement indicating that the information and credit scoring model may be different than the credit score that may be used by the lender, and a notice which shall include— (A) the current credit score of the con- sumer or the most recent credit score of the consumer that was previously calculated by the credit reporting agency for a purpose re- lated to the extension of credit; (B) the range of possible credit scores under the model used; (C) all of the key factors that adversely af- fected the credit score of the consumer in the model used, the total number of which shall not exceed 4, subject to paragraph (9); (D) the date on which the credit score was created; and (E) the name of the person or entity that provided the credit score or credit file upon which the credit score was created. (2) Definitions For purposes of this subsection, the fol- lowing definitions shall apply: (A) Credit score The term ‘‘credit score’’— (i) means a numerical value or a cat- egorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, in- cluding default (and the numerical value or the categorization derived from such analysis may also be referred to as a ‘‘risk predictor’’ or ‘‘risk score’’); and (ii) does not include— (I) any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including the loan to value ratio, the amount of down pay- ment, or the financial assets of a con- sumer; or (II) any other elements of the under- writing process or underwriting decision. (B) Key factors The term ‘‘key factors’’ means all relevant elements or reasons adversely affecting the credit score for the particular individual, listed in the order of their importance based on their effect on the credit score. (3) Timeframe and manner of disclosure The information required by this subsection shall be provided in the same timeframe and manner as the information described in sub- section (a). (4) Applicability to certain uses This subsection shall not be construed so as to compel a consumer reporting agency to de- velop or disclose a score if the agency does not— (A) distribute scores that are used in con- nection with residential real property loans; or (B) develop scores that assist credit pro- viders in understanding the general credit behavior of a consumer and predicting the future credit behavior of the consumer. (5) Applicability to credit scores developed by another person (A) In general This subsection shall not be construed to require a consumer reporting agency that distributes credit scores developed by an- other person or entity to provide a further explanation of them, or to process a dispute arising pursuant to section 1681i of this title, except that the consumer reporting agency shall provide the consumer with the name and address and website for contacting the person or entity who developed the score or developed the methodology of the score. (B) Exception This paragraph shall not apply to a con- sumer reporting agency that develops or modifies scores that are developed by an- other person or entity. (6) Maintenance of credit scores not required This subsection shall not be construed to re- quire a consumer reporting agency to main- tain credit scores in its files. (7) Compliance in certain cases In complying with this subsection, a con- sumer reporting agency shall— (A) supply the consumer with a credit score that is derived from a credit scoring model that is widely distributed to users by that consumer reporting agency in connec- tion with residential real property loans or with a credit score that assists the consumer in understanding the credit scoring assess- ment of the credit behavior of the consumer and predictions about the future credit be- havior of the consumer; and Page 1586 TITLE 15—COMMERCE AND TRADE § 1681g (B) a statement indicating that the infor- mation and credit scoring model may be dif- ferent than that used by the lender. (8) Fair and reasonable fee A consumer reporting agency may charge a fair and reasonable fee, as determined by the Bureau, for providing the information required under this subsection. (9) Use of enquiries as a key factor If a key factor that adversely affects the credit score of a consumer consists of the number of enquiries made with respect to a consumer report, that factor shall be included in the disclosure pursuant to paragraph (1)(C) without regard to the numerical limitation in such paragraph. (g) Disclosure of credit scores by certain mort- gage lenders (1) In general Any person who makes or arranges loans and who uses a consumer credit score, as defined in subsection (f), in connection with an appli- cation initiated or sought by a consumer for a closed end loan or the establishment of an open end loan for a consumer purpose that is secured by 1 to 4 units of residential real prop- erty (hereafter in this subsection referred to as the ‘‘lender’’) shall provide the following to the consumer as soon as reasonably prac- ticable: (A) Information required under subsection (f) (i) In general A copy of the information identified in subsection (f) that was obtained from a consumer reporting agency or was devel- oped and used by the user of the informa- tion. (ii) Notice under subparagraph (D) In addition to the information provided to it by a third party that provided the credit score or scores, a lender is only re- quired to provide the notice contained in subparagraph (D). (B) Disclosures in case of automated under- writing system (i) In general If a person that is subject to this sub- section uses an automated underwriting system to underwrite a loan, that person may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency. (ii) Numerical credit score However, if a numerical credit score is generated by an automated underwriting system used by an enterprise, and that score is disclosed to the person, the score shall be disclosed to the consumer con- sistent with subparagraph (C). (iii) Enterprise defined For purposes of this subparagraph, the term ‘‘enterprise’’ has the same meaning as in paragraph (6) of section 4502 of title 12. (C) Disclosures of credit scores not obtained from a consumer reporting agency A person that is subject to the provisions of this subsection and that uses a credit score, other than a credit score provided by a consumer reporting agency, may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency. (D) Notice to home loan applicants A copy of the following notice, which shall include the name, address, and telephone number of each consumer reporting agency providing a credit score that was used: ‘‘NOTICE TO THE HOME LOAN APPLICANT ‘‘In connection with your application for a home loan, the lender must disclose to you the score that a consumer reporting agency distrib- uted to users and the lender used in connection with your home loan, and the key factors affect- ing your credit scores. ‘‘The credit score is a computer generated summary calculated at the time of the request and based on information that a consumer re- porting agency or lender has on file. The scores are based on data about your credit history and payment patterns. Credit scores are important because they are used to assist the lender in de- termining whether you will obtain a loan. They may also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your conduct, how your credit history and payment patterns change, and how credit scoring tech- nologies change. ‘‘Because the score is based on information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure it is accurate. Credit records may vary from one company to another. ‘‘If you have questions about your credit score or the credit information that is furnished to you, contact the consumer reporting agency at the address and telephone number provided with this notice, or contact the lender, if the lender developed or generated the credit score. The consumer reporting agency plays no part in the decision to take any action on the loan applica- tion and is unable to provide you with specific reasons for the decision on a loan application. ‘‘If you have questions concerning the terms of the loan, contact the lender.’’. (E) Actions not required under this sub- section This subsection shall not require any per- son to— (i) explain the information provided pur- suant to subsection (f); (ii) disclose any information other than a credit score or key factors, as defined in subsection (f); (iii) disclose any credit score or related information obtained by the user after a loan has closed; (iv) provide more than 1 disclosure per loan transaction; or Page 1587 TITLE 15—COMMERCE AND TRADE § 1681g (v) provide the disclosure required by this subsection when another person has made the disclosure to the consumer for that loan transaction. (F) No obligation for content (i) In general The obligation of any person pursuant to this subsection shall be limited solely to providing a copy of the information that was received from the consumer reporting agency. (ii) Limit on liability No person has liability under this sub- section for the content of that information or for the omission of any information within the report provided by the con- sumer reporting agency. (G) Person defined as excluding enterprise As used in this subsection, the term ‘‘per- son’’ does not include an enterprise (as de- fined in paragraph (6) of section 4502 of title 12). (2) Prohibition on disclosure clauses null and void (A) In general Any provision in a contract that prohibits the disclosure of a credit score by a person who makes or arranges loans or a consumer reporting agency is void. (B) No liability for disclosure under this sub- section A lender shall not have liability under any contractual provision for disclosure of a credit score pursuant to this subsection. (Pub. L. 90–321, title VI, § 609, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1131; amended Pub. L. 103–325, title III, § 339, Sept. 23, 1994, 108 Stat. 2237; Pub. L. 104–208, div. A, title II, § 2408(a)–(d)(1), (e)(5)(A), Sept. 30, 1996, 110 Stat. 3009–436, 3009–437, 3009–439; Pub. L. 105–347, § 4(a), Nov. 2, 1998, 112 Stat. 3210; Pub. L. 108–159, title I, §§ 115, 151(a)(1), title II, §§ 211(c), 212(a)–(c), title VIII, § 811(d), Dec. 4, 2003, 117 Stat. 1961, 1970, 1973–1975, 2011; Pub. L. 111–203, title X, § 1088(a)(2)(C), July 21, 2010, 124 Stat. 2087.) Editorial Notes REFERENCES IN TEXT Section 1681b(b)(4) of this title, referred to in subsec. (a)(3)(C)(i), was subsequently amended, and section 1681b(b)(4)(E) no longer defines the term ‘‘classified in- formation’’. However, such term is defined elsewhere in that section. For the effective date of this subchapter, referred to in subsec. (b), see section 504(d) of Pub. L. 90–321, set out as an Effective Date note under section 1681 of this title. Section 211(c) of the Fair and Accurate Credit Trans- actions Act of 2003, referred to in subsec. (c)(1)(B)(v), probably means section 211(d) of Pub. L. 108–159, which is set out as a note under section 1681j of this title and relates to the promulgation of regulations. Section 211(c) of Pub. L. 108–159 amended this section. Section 1681a(w) of this title, referred to in subsec. (c)(1)(B)(vi), was redesignated section 1681a(x) of this title by Pub. L. 111–203, title X, § 1088(a)(1), July 21, 2010, 124 Stat. 2086. Public Law 106–102, referred to in subsec. (e)(9)(A), is Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1338, known as the Gramm-Leach-Bliley Act. Subtitle A of title V of the Act is classified principally to subchapter I (§ 6801 et seq.) of chapter 94 of this title. For complete classi- fication of this Act to the Code, see Short Title of 1999 Amendment note set out under section 1811 of Title 12, Banks and Banking, and Tables. AMENDMENTS 2010—Pub. L. 111–203 substituted ‘‘the Bureau’’ for ‘‘the Commission’’ wherever appearing. 2003—Subsec. (a)(1). Pub. L. 108–159, § 115, substituted ‘‘except that— ‘‘(A) if the consumer to whom the file relates re- quests that the first 5 digits of the social security number (or similar identification number) of the con- sumer not be included in the disclosure and the con- sumer reporting agency has received appropriate proof of the identity of the requester, the consumer reporting agency shall so truncate such number in such disclosure; and ‘‘(B) nothing’’ for ‘‘except that nothing’’. Subsec. (a)(2), (3)(C). Pub. L. 108–159, § 811(d), realigned margins. Subsec. (a)(6). Pub. L. 108–159, § 212(a), added par. (6). Subsec. (c). Pub. L. 108–159, § 211(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to the summary of rights required to be included with disclosure to consumers by consumer reporting agen- cies. Subsecs. (d), (e). Pub. L. 108–159, § 151(a)(1), added sub- secs. (d) and (e). Subsec. (f). Pub. L. 108–159, § 212(b), added subsec. (f). Subsec. (g). Pub. L. 108–159, § 212(c), added subsec. (g). 1998—Subsec. (a)(3)(C). Pub. L. 105–347 added subpar. (C). 1996—Subsec. (a). Pub. L. 104–208, § 2408(e)(5)(A), in in- troductory provisions substituted ‘‘, and subject to sec- tion 1681h(a)(1) of this title’’ for ‘‘and proper identifica- tion of any consumer’’. Subsec. (a)(1). Pub. L. 104–208, § 2408(a), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘The nature and substance of all information (ex- cept medical information) in its files on the consumer at the time of the request.’’ Subsec. (a)(3). Pub. L. 104–208, § 2408(b), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘The recipients of any consumer report on the consumer which it has furnished— ‘‘(A) for employment purposes within the two-year period preceding the request, and ‘‘(B) for any other purpose within the six-month pe- riod preceding the request.’’ Subsec. (a)(5). Pub. L. 104–208, § 2408(c), added par. (5). Subsec. (c). Pub. L. 104–208, § 2408(d)(1), added subsec. (c). 1994—Subsec. (a)(4). Pub. L. 103–325 added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the des- ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–159 subject to joint regu- lations establishing effective dates as prescribed by Federal Reserve Board and Federal Trade Commission, except as otherwise provided, see section 3 of Pub. L. 108–159, set out as a note under section 1681 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–347 deemed to have same effective date as amendments made by section 2403 of Pub. L. 104–208, see section 7 of Pub. L. 105–347, set out as a note under section 1681a of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 effective 365 days after Sept. 30, 1996, with special rule for early compliance, 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