A consumer reporting agency shall fully
disclose, clearly and accurately all information contained in your credit
report.
Disclosures to consumers: Section 1681g
- Information on file; sources;
report recipients
- Exempt information
- Summary of rights required to
be included with disclosure
Up (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.
Up
(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.
Up (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)
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