Pub. L. 104-208, div. A, tit. II, subtit. D, ch. 1, sec. 2407

COMPLIANCE PROCEDURES.

EnactedYear: 1996Length: 511 wordsOfficial source
SEC. 2407. COMPLIANCE PROCEDURES. (a) Disclosure of Consumer Reports by Users.— Section 607 of the Fair Credit Reporting Act (15 U.S.C. 168le) is amended by adding at the end the following new subsection: “(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.”. (b) Notice to Users and Providers of Information To Ensure Compliance.— Section 607 of the Fair Credit Reporting Act (15 U.S.C. 168le) is amended by adding after subsection (c) (as added by subsection (a) of this section) the following new subsection: “(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 110 STAT. 3009–436 “(B) to whom a consumer report is provided by the agency; a notice of such person’s responsibilities under this title. “(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.”. (c) Record of Identity of Users and Purposes Certified by Users of Reports.— Section 607 of the Fair Credit Reporting Act (15 U.S.C. 168le) is amended by adding after subsection (d) (as added by subsection (b) of this section) the following new subsection: “(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 604 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 604, 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).”.
Pub. L. 104-208, div. A, tit. II, subtit. D, ch. 1, sec. 2407: COMPLIANCE PROCEDURES. | Justis AI