
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1681e]

 
                      TITLE 15--COMMERCE AND TRADE
 
                 CHAPTER 41--CONSUMER CREDIT PROTECTION
 
                SUBCHAPTER III--CREDIT REPORTING AGENCIES
 
Sec. 1681e. Compliance procedures


(a) Identity and purposes of credit users

    Every consumer reporting agency shall maintain reasonable procedures 
designed to avoid violations of section 1681c of this title and to limit 
the furnishing of consumer reports to the purposes listed under section 
1681b of this title. These procedures shall require that prospective 
users of the information identify themselves, certify the purposes for 
which the information is sought, and certify that the information will 
be used for no other purpose. Every consumer reporting agency shall make 
a reasonable effort to verify the identity of a new prospective user and 
the uses certified by such prospective user prior to furnishing such 
user a consumer report. No consumer reporting agency may furnish a 
consumer report to any person if it has reasonable grounds for believing 
that the consumer report will not be used for a purpose listed in 
section 1681b of this title.

(b) Accuracy of report

    Whenever a consumer reporting agency prepares a consumer report it 
shall follow reasonable procedures to assure maximum possible accuracy 
of the information concerning the individual about whom the report 
relates.

(c) Disclosure of consumer reports by users allowed

    A consumer reporting agency may not prohibit a user of a consumer 
report furnished by the agency on a consumer from disclosing the 
contents of the report to the consumer, if adverse action against the 
consumer has been taken by the user based in whole or in part on the 
report.

(d) Notice to users and furnishers of information

                       (1) Notice requirement

        A consumer reporting agency shall provide to any person--
            (A) who regularly and in the ordinary course of business 
        furnishes information to the agency with respect to any 
        consumer; or
            (B) to whom a consumer report is provided by the agency;

    a notice of such person's responsibilities under this subchapter.

                        (2) Content of notice

        The Federal Trade Commission shall prescribe the content of 
    notices under paragraph (1), and a consumer reporting agency shall 
    be in compliance with this subsection if it provides a notice under 
    paragraph (1) that is substantially similar to the Federal Trade 
    Commission prescription under this paragraph.

(e) Procurement of consumer report for resale

                           (1) Disclosure

        A person may not procure a consumer report for purposes of 
    reselling the report (or any information in the report) unless the 
    person discloses to the consumer reporting agency that originally 
    furnishes the report--
            (A) the identity of the end-user of the report (or 
        information); and
            (B) each permissible purpose under section 1681b of this 
        title for which the report is furnished to the end-user of the 
        report (or information).

            (2) Responsibilities of procurers for resale

        A person who procures a consumer report for purposes of 
    reselling the report (or any information in the report) shall--
            (A) establish and comply with reasonable procedures designed 
        to ensure that the report (or information) is resold by the 
        person only for a purpose for which the report may be furnished 
        under section 1681b of this title, including by requiring that 
        each person to which the report (or information) is resold and 
        that resells or provides the report (or information) to any 
        other person--
                (i) identifies each end user of the resold report (or 
            information);
                (ii) certifies each purpose for which the report (or 
            information) will be used; and
                (iii) certifies that the report (or information) will be 
            used for no other purpose; and

            (B) before reselling the report, make reasonable efforts to 
        verify the identifications and certifications made under 
        subparagraph (A).

        (3) Resale of consumer report to a Federal agency or 
                                 department

        Notwithstanding paragraph (1) or (2), a person who procures a 
    consumer report for purposes of reselling the report (or any 
    information in the report) shall not disclose the identity of the 
    end-user of the report under paragraph (1) or (2) if--
            (A) the end user is an agency or department of the United 
        States Government which procures the report from the person for 
        purposes of determining the eligibility of the consumer 
        concerned to receive access or continued access to classified 
        information (as defined in section 1681b(b)(4)(E)(i) of this 
        title); and
            (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 persons employed 
        by or contracting with, or undergoing investigation for work or 
        contracting with the agency or department.

(Pub. L. 90-321, title VI, Sec. 607, as added Pub. L. 91-508, title VI, 
Sec. 601, Oct. 26, 1970, 84 Stat. 1130; amended Pub. L. 104-208, div. A, 
title II, Sec. 2407, Sept. 30, 1996, 110 Stat. 3009-435; Pub. L. 105-
107, title III, Sec. 311(b), Nov. 20, 1997, 111 Stat. 2256.)


                               Amendments

    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).


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1681b, 1681g of this title.
