§ 1681g. — Disclosures to consumers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1681g]
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER III--CREDIT REPORTING AGENCIES
Sec. 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 consumer:
(1) All information in the consumer's file at the time of the
request, except that nothing in this paragraph shall be construed 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 report 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 subparagraph (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 address 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 procures 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) 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 request that identified the consumer in
connection with a credit or insurance transaction that was not initiated
by the consumer.
(b) Exempt information
The requirements of subsection (a) of this section respecting the
disclosure of sources of information and the recipients of consumer
reports do not apply to information received or consumer reports
furnished prior to the effective date of this subchapter except to the
extent that the matter involved is contained in the files of the
consumer reporting agency on that date.
(c) Summary of rights required to be included with disclosure
(1) Summary of rights
A consumer reporting agency shall provide to a consumer, with
each written disclosure by the agency to the consumer under this
section--
(A) a written summary of all of the rights that the consumer
has under this subchapter; and
(B) in the case of a consumer reporting agency that compiles
and maintains files on consumers on a nationwide basis, a toll-
free telephone number established by the agency, at which
personnel are accessible to consumers during normal business
hours.
(2) Specific items required to be included
The summary of rights required under paragraph (1) shall
include--
(A) a brief description of this subchapter and all rights of
consumers under this subchapter;
(B) an explanation of how the consumer may exercise the
rights of the consumer under this subchapter;
(C) a list of all Federal agencies responsible for enforcing
any provision of this subchapter 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 to learn of those rights; and
(E) a statement that a consumer reporting agency is not
required to remove accurate derogatory information from a
consumer's file, unless the information is outdated under
section 1681c of this title or cannot be verified.
(3) Form of summary of rights
For purposes of this subsection and any disclosure by a consumer
reporting agency required under this subchapter with respect to
consumers' rights, the Federal Trade Commission (after consultation
with each Federal agency referred to in section 1681s(b) of this
title) shall prescribe the form and content of any such disclosure
of the rights of consumers required under this subchapter. A
consumer reporting agency shall be in compliance with this
subsection if it provides disclosures under paragraph (1) that are
substantially similar to the Federal Trade Commission prescription
under this paragraph.
(4) Effectiveness
No disclosures shall be required under this subsection until the
date on which the Federal Trade Commission prescribes the form and
content of such disclosures under paragraph (3).
(Pub. L. 90-321, title VI, Sec. 609, as added Pub. L. 91-508, title VI,
Sec. 601, Oct. 26, 1970, 84 Stat. 1131; amended Pub. L. 103-325, title
III, Sec. 339, Sept. 23, 1994, 108 Stat. 2237; Pub. L. 104-208, div. A,
title II, Sec. 2408(a)-(d)(1), (e)(5)(A), Sept. 30, 1996, 110 Stat.
3009-436, 3009-437, 3009-439; Pub. L. 105-347, Sec. 4(a), Nov. 2, 1998,
112 Stat. 3210.)
References in Text
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.
Amendments
1998--Subsec. (a)(3)(C). Pub. L. 105-347 added subpar. (C).
1996--Subsec. (a). Pub. L. 104-208, Sec. 2408(e)(5)(A), in
introductory provisions substituted ``, and subject to section
1681h(a)(1) of this title'' for ``and proper identification of any
consumer''.
Subsec. (a)(1). Pub. L. 104-208, Sec. 2408(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``The nature
and substance of all information (except medical information) in its
files on the consumer at the time of the request.''
Subsec. (a)(3). Pub. L. 104-208, Sec. 2408(b), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ``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 period
preceding the request.''
Subsec. (a)(5). Pub. L. 104-208, Sec. 2408(c), added par. (5).
Subsec. (c). Pub. L. 104-208, Sec. 2408(d)(1), added subsec. (c).
1994--Subsec. (a)(4). Pub. L. 103-325 added par. (4).
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, see section 2420 of Pub.
L. 104-208, set out as a note under section 1681a of this title.
Simplified Disclosure To Maximize Comprehensibility and Standardization
Section 2408(e)(2), (3) of div. A of Pub. L. 104-208 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 purpose of maximizing
the comprehensibility and standardization 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).''
Section Referred to in Other Sections
This section is referred to in sections 1681b, 1681d, 1681h, 1681j,
1681t of this title.
