
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: 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.
