§ 1681h. — Conditions and form of disclosure 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: 15USC1681h]
TITLE 15--COMMERCE AND TRADE
CHAPTER 41--CONSUMER CREDIT PROTECTION
SUBCHAPTER III--CREDIT REPORTING AGENCIES
Sec. 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 required under section 1681g of this title,
that the consumer furnish proper identification.
(2) Disclosure in writing
Except as provided in subsection (b) of this section, the
disclosures 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 reporting agency may
make the disclosures required under \1\ 1681g of this title--
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\1\ So in original. Probably should be followed by ``section''.
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(A) other than in writing; and
(B) in such form as may be--
(i) specified by the consumer in accordance with
paragraph (2); and
(ii) available from the agency.
(2) Form
A consumer may specify pursuant to paragraph (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 consumer reporting agency where
disclosures are regularly provided, during normal business
hours, and on reasonable notice;
(B) by telephone, if the consumer has made a written request
for disclosure by telephone;
(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 accompanied by one other
person of his choosing, who shall furnish reasonable identification. A
consumer reporting agency may require the consumer to furnish a written
statement granting permission to the consumer reporting agency to
discuss the consumer's file in such person's presence.
(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,
invasion of privacy, or negligence with respect to the reporting of
information against any consumer reporting agency, any user of
information, or any person who furnishes information to a consumer
reporting agency, based on information 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 consumer.
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\2\ So in original. Probably should be followed by a comma.
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(Pub. L. 90-321, title VI, Sec. 610, as added Pub. L. 91-508, title VI,
Sec. 601, Oct. 26, 1970, 84 Stat. 1131; amended Pub. L. 104-208, div. A,
title II, Sec. 2408(e)(1), (4), (5)(B), Sept. 30, 1996, 110 Stat. 3009-
438, 3009-439.)
Amendments
1996--Pub. L. 104-208, Sec. 2408(e)(5)(B), inserted ``and form''
after ``Conditions'' in section catchline.
Subsec. (a). Pub. L. 104-208, Sec. 2408(e)(1), inserted heading and
amended text of subsec. (a) generally. Prior to amendment, text read as
follows: ``A consumer reporting 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, Sec. 2408(e)(1), inserted heading and
amended text of subsec. (b) generally. Prior to amendment, text read as
follows: ``The disclosures required 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, Sec. 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''.
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.
Section Referred to in Other Sections
This section is referred to in section 1681g of this title.
