
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: 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.
