5 Simple Steps to Credit Repair Final (1)-5

1
TABLE OF CONTENTS
MY COMMITMENT TO REPAIRING MY CREDIT..............................................................................................................5
THE ONLY WAY YOU CAN FAIL, IS NOT TO TRY! ............................................................................................................5
“I WILL NOT QUIT UNTIL I SUCCEED.” ...........................................................................................................................5
Introduc�on...................................................................................................................................................................6
VALID NEGATIVE CREDIT ITEMS VS INVALID ITEMS: ....................................................................................................11
Vantage Score versus FICO.........................................................................................................................................13
What’s the Difference Between FICO and Vantage Score Calcula�ons?.......................................................................13
How Is FICO Score Calculated?..................................................................................................................................13
FICO Score Ranges.....................................................................................................................................................13
How Is Vantage Score Calculated? ..........................................................................................................................14
Vantage Score Ranges.............................................................................................................................................14
What Is Trended Data?............................................................................................................................................14
What Will Hurt Your Credit Score?..........................................................................................................................15
What If You Don’t Have Credit? ..............................................................................................................................15
What Are the Benefits for Consumers?...................................................................................................................16
How to Read Your Credit Report .................................................................................................................................16
Check your credit history for accuracy....................................................................................................................16
Personal Informa�on on Your Credit Report ..........................................................................................................17
Your Credit Summary ..............................................................................................................................................17
Your Account History...................................................................................................................................................17
Each account will contain several pieces of informa�on: .......................................................................................17
Public Records............................................................................................................................................................18
Credit Inquiries .........................................................................................................................................................18
Why aren’t all of my credit reports the same? .......................................................................................................19
Why aren’t all of my credit scores the same? .........................................................................................................19
What are the other consumer-repor�ng companies? ............................................................................................19
Why are there so many consumer-repor�ng companies?......................................................................................20
Bo�om line..................................................................................................................................................................20
The 5 simple steps.......................................................................................................................................................21
609-DISPUTE LETTERS..................................................................................................................................................22
B
B
C
C
C
E
T
U
$
T
TABLE OF CONTENTS
15 credit cards that offer a pre-approval opton: ........................................................................................................49
Best Secured Credit cards: ......................................................................................................................................50
Bankruptcy
Le�er
.................................................................................................................................................51
Charge Of Le�er.......................................................................................................................................................52
Child Support Le�er..................................................................................................................................................54
Credit Repair Late Payment Le�er...........................................................................................................................55
Evic�ons Le�er............................................................................................................................................................57
Third Party Debt Collec�ons Le�er...............................................................................................................................58
Unsecured credit cards available to individuals with a low credit score: ..............................................................60
$ecret Lenders List .................................................................................................................................................61
THE FAIR DEBT COLLECTION PRACTICES ACT (15 U.S.C. §§ 1692-1692p) ...............................................................66
§ 801 Short �tle ...................................................................................................................................................66
§ 802 Congressional findings and declara�on of purpose....................................................................................66
§ 803 Defini�ons .................................................................................................................................................66
§ 804 Acquisi�on of loca�on informa�on .....................................................................................................67
§ 805 Communica�on in connec�on with debt collec�on ..............................................................................68
§ 806 Harassment or abuse ...........................................................................................................................69
§ 807 False or misleading representa�ons ....................................................................................................69
§ 808 Unfair prac�ces .....................................................................................................................................71
§ 809 Valida�on of debts ......................................................................................................................................72
§ 810 Mul�ple debts ......................................................................................................................................73
§ 811 Legal ac�ons by debt collectors ................................................................................................................73
§ 812 Furnishing certain decep�ve forms ................................................................................................................73
§
813
Civil
liability
....................................................................................................................................73
§ 814 Administra�ve enforcement ....................................................................................................................75
§ 815 Reports to Congress by the Bureau; views of other Federal agencies ........................................................76
§ 816 Rela�on to State laws ................ .................................................................................................................76
§ 817 Exemp�on for State regula�on ................................................................................................................77
§ 818 Excep�on for certain bad check enforcement programs ..........................................................................
operated by private en��es ...........................................................................................................................77
§ 819 Effec�ve date .................................................................................................................................................79
TABLE OF CONTENTS
Fair Credit Repor�ng Act 15 U.S.C § 1681 .......................................................................................................80
§601.
Short
�tle
............................................................................................................................................80
§ 602. Congressional findings and statement of purpose [15 U.S.C. § 1681] ......................................................80
§ 603. Defini�ons; rules of construc�on [15 U.S.C. § 1681a] ........................................................................80
§ 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b] ............................................................89
§ 605. Requirements rela�ng to informa�on contained in consumer reports .....................................................
[15 U.S.C. § 1681c] ...............................................................................................................................................97
§ 605A. Iden�ty the� preven�on; fraud alerts and ac�ve duty alerts ................................................................
[15
U.S.C.
§
1681c-1]
...................................................................................................................101
§ 605B. Block of informa�on resul�ng from iden�ty the� [15 U.S.C. § 1681c-2] ..................................................111
§ 606. Disclosure of inves�ga�ve consumer reports [15 U.S.C. § 1681d] .............................................................113
§ 607. Compliance procedures [15 U.S.C. § 1681e] ...........................................................................114
§ 608. Disclosures to governmental agencies [15 U.S.C. § 1681f] ..........................................................................116
§ 609. Disclosures to consumers [15 U.S.C. § 1681g] ...........................................................................................116
§ 610. Condi�ons and form of disclosure to consumers [15 U.S.C. § 1681h] .........................................................125
§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] .......................................................................126
§ 612. Charges for certain disclosures [15 U.S.C. § 1681j] ...............................................................................132
§ 613. Public record informa�on for employment purposes [15 U.S.C. § 1681k] .............................................135
§ 614. Restric�ons on inves�ga�ve consumer reports [15 U.S.C. § 1681l] ........................................................135
§ 615. Requirements on users of consumer reports [15 U.S.C. § 1681m] ........................................................135
§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] ........................................................................142
§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o] ...........................................................143
§ 618. Jurisdic�on of courts; limita�on of ac�ons [15 U.S.C. § 1681p] ...............................................................143
§ 619. Obtaining informa�on under false pretenses [15 U.S.C. § 1681q] ..............................................................143
§ 620. Unauthorized disclosures by officers or employees [15 U.S.C. § 1681r] ....................................................143
§ 621. Administra�ve enforcement [15 U.S.C. § 1681s] .................................................................................143
§ 622. Informa�on on overdue child support obliga�ons [15 U.S.C. § 1681s-1] .................................................148
§ 623. Responsibili�es of furnishers of informa�on to consumer repor�ng ....................................................
agencies [15 U.S.C. § 1681s-2] ......................................................................................................................148
§ 624. Affiliate sharing [15 U.S.C. § 1681s-3]
................................................................................................156
§ 625. Rela�on to State laws [15 U.S.C. § 1681t] .........................................................................................158
§ 626. Disclosures to FBI for counterintelligence purposes [15 U.S.C. § 1681u] ...................................................160
§ 627. Disclosures to governmental agencies for counterterrorism purposes .............................................
[15 U.S.C. § 1681v]
.......................................................................................................................................163
§ 628. Disposal of records [15 U.S.C. § 1681w] ...............................................................................................164
§ 629. Corporate and technological circumven�on prohibited ..................................................................
[15 U.S.C. § 1681x] ................................................................................................................................................165
5 Simple Steps to Credit Repair
MY COMMITMENT TO REPAIRING MY CREDIT
I am so proud that you made a choice to invest in your financial education. I promise you that the
information in this book, if implemented, will change your life!
I need you to commit to repairing your credit and increasing your financial literacy.
THE ONLY WAY YOU CAN FAIL, IS NOT TO TRY!
So, I need you to not only read the information, but to use it!
Obviously, you are sick and tired of getting turned down for credit cards, car loans and mortgages.
So, I need you to STOP and say this out loud RIGHT NOW
“I WILL NOT QUIT UNTIL I SUCCEED.”
I expect you to be a man/woman of your word and dedicate the time necessary for repairing your credit.
So that you can be accountable to yourself, I am asking YOU to sign and date below.
Signature: ___________________________________
Date: ________________
*** Take a picture and post to FB and IG, please tag @robertjr5x
5|Page
5 Simple Steps to Credit Repair
INTRODUCTION
Restoring your bad credit is not a difficult job if you are ready, willing and have the patience to deal with
the “delay & scare tactics” of the Credit Bureaus and provided that you havethe proper step‐by‐step
instructions and the right tools to do it with.
My E-Book 5 Simple Steps To Credit Repair is the proper tools to use. Don’t let the simplicity of the book
fool you. It works, although the time that it takes to get positive results will vary from person to person
most receive result in 30 days.
In order to understand how and why this E-book will enable you to get all of your negativeitems removed
from your credit reports you need to understand a little bit about the credit reporting business. There are
three main Credit Reporting Agencies referred to as CRA’s and / or credit bureaus. They are Equifax,
Experian and TransUnion.
When you engage in a credit transaction (loan, mortgage, credit card etc.) with a bank or any other
creditor the information for each of these accounts will be reported to one or more of these CRAs (credit
bureaus) by each creditor and each month each “credit item” will be reported inyour “credit file” which
is indexed under your social security number, physical address and full name.
The Fair Credit Reporting Act was put into law prior tothe electronic and computer age. Even though the
credit industry has been trying to lobby Congress to re‐write the law to meet current technology
standards it is important to note that the current version of the Fair Credit Reporting Act (FCRA) requires
the CRA’s to have physical copies in their files of documentation to support each account being reported
on.
It is also important to understand that the creditors report all of your credit items to the credit bureaus
electronically. They don’t send copies of any physical documents whatsoever to the credit bureaus.
IMPORTANT: What that means is that the credit bureaus do not review and or verify any credit
applications, signed contracts or any documents whatsoever before they report the item on your credit
report. They accept any and all credit items that a creditor sends to them electronically. They accept these
credit items as “true” and correct and belonging to you without verifying any documents to make sure
that the account is accurate and belongs to you.
Each month your bank or creditor sends an “electronic file” with the details of your account to each of
the CRAs (credit bureaus) and the credit bureaus simply place this information into your credit file with
NO VERIFICATION done as to whether the account is valid, the information is correct or whether the
creditor even has the right to report the item on your credit report.
Basically, the three main credit bureaus give the creditor the benefit of the doubt that they are reporting
accurate information. Why would they give the creditors the benefit of the doubt you ask?
6|Page
5 Simple Steps to Credit Repair
The main answer to that question is because the creditor pays the credit bureau to report the item and
the creditor also pays the credit bureaus each time, they pull your credit report. The credit bureaus earn
hundreds of millions of dollars a year reporting anything and everything on your credit report that a
creditor provides them with.
Credit bureaus are a “for‐profit” business and they get paid to put items on your credit report and they
get paid when these same creditors pull your credit report. Creditors are able to charge you a higher
interest rate the more negative items that are placed on your report. The problem with this method of
reporting is that ANY CREDITOR can essentially report whatever they want about you whether it is correct
or not. There is a major conflict of interest going on here don’t you agree?
The Federal Government saw a big problem with this method of reporting, so they thought that they
solved the problem when they passed what is known as the Fair Credit Reporting Act (FCRA). It was
supposed to protect you and I and govern the activities of Credit Reporting Agencies and regulate how
they report information about you. It sounds good in theory but read on to find out why it is not working.
If you study this Federal law and also study the case law established in various court cases pertaining to
various sections of the FCRA you will see that the FCRA requires that all Credit Reporting Agencies Are
Supposed to VERIFY ALL INFORMATION received from creditors BEFORE this information is added to your
credit file.
Proper verification according to established case law involves the credit bureau having copies of the
original signed credit application in their files. They are required to have a copy of the credit application
that you signed when you opened the credit account with the creditor in their files. They are supposed to
have it in their files to show that they verified the information and account belongs to you and to show
that they verified the information before they placed it on your credit report.
The truth of the matter is … the credit bureaus don’t review any documents let alone keep a copy of your
credit application in their files. They NEVER see any documents. They don’t want to see any documents.
THESE 4 PARAGRAPHS NOTED BELOW (ALONG WITH OUR PARAPHRASING) REVEAL WHY
DISPUTE LETTERS WORK
1. Page 35: § 609. Disclosures to consumers [15 U.S.C. § 1681g] (a) Information on file; sources;
report recipients. Every consumer reporting agency shall, upon request, and subject to 610(a)(1)
[§ 1681h], clearly and accurately disclose to the consumer:
Paraphrase: The information in the credit bureaus files (not the creditors files), mentioned above,
is the information that they store in their computer base on every consumer. Then § 610(a)(1) [§
1681h] identifies the proper identification required (driver license and SS card) + a written request
by the consumer. Basically, it says that if a consumer asks the correct way, in writing, and has
7|Page
5 Simple Steps to Credit Repair
properly identified themselves, the 3 bureaus are required to disclose to the consumer exactly
what documents are stored within their computer base that were used to verify the information
that is being reported on them. They refuse to show you anything because they don’t have
anything in their files to show you. Instead, they tell you to request these documents from the
original creditor.
2. Page 37 (2) Summary of rights required to be included with agency disclosures. A consumer
reporting agency shall provide to a consumer, with each written disclosure by the agency to the
consumer under this section— Paraphrase: This says the same thing as above…they will disclose
the information requested to the consumer.
3. Page 37 (2), (E), a statement that a consumer reporting agency is not required to remove accurate
derogatory information from the file of a consumer, unless the information is outdated under
section 605 or cannot be verified.
Paraphrase: There are 2 instances revealed in subsection (2), (E), whereby “accurate” derogatory
information can be removed. 1.) If the Information is outdated in Section 605. For example, a
Bankruptcy 7 will stay on a consumer's bureau for 10 years. After the 10 years, this credit file will
expire or drop off from their credit report. Collections, Charge‐offs, Repossessions et al, have a
life span of 7 years before falling off. 2.) The information Cannot be verified. “Verification” is the
focal point of the deletion process. Verification is a vague term but is defined in the terms section
of this document on page 7.
4. Page 7 (2) Verification (B) of the information in the consumer's application for the credit or
insurance, to determine that the consumer meets the specific criteria bearing on credit
worthiness or insurability
Paraphrase: This is about as clear as mud. It was obviously written by a gifted attorney. Although
deals with credit and insurance for our purposes here we are only concerned with the credit
portion. (2) (B) is the CREDIT APPLICATION! If you look closely, it says that it is the "information"
in
the credit application that it uses to determine whether the consumer meets the lending
guidelines.
How It is Supposed to Work: For example, let's assume you are going to purchase a car and
finance that car. When the Credit department of that car dealership fund a deal with a lender, the
dealer surrenders the 2 most important funding documents: the contract + the credit application.
Once the lender is satisfied with these and the necessary supporting documents, the lender funds
the loan. The lender now has the responsibility of reporting this consumer's file to the 3 credit
bureaus.
8|Page
5 Simple Steps to Credit Repair
The lender is supposed to send the credit application to the 3 credit bureaus to properly verify
that this is the correct customer. This verification piece is important. It's important because the
dealership has to comply with the Patriot Act and other imposed regulations to properly verify,
by securing a copy of the consumers Driver License, that the person signing the contract + the
credit application is the person that was properly identified.
Also, the lender used this credit application as proof that the consumer gave the creditor the right
to pull the consumers credit file and check on the person's job, income, residence, references,
and then approve the loan. The credit application is the verification piece.
The lender then, on a monthly basis, sends its gigantic email batch file to the 3 credit bureaus for every
one of their loans. In this giant file, it contains the information on every consumer that has a loan with
them. The lender sends exactly what you see printed on the credit bureau report. The sent info includes:
The problem is…. Even though the law requires the credit reporting agency to verify every account it
reports on before reporting on it the fact is the lender never, ever, ever, sends the credit application to
the 3 credit bureaus! No lenders ever send the credit application therefore the credit bureau NEVER
verifies any of this information. Instead of sending the CRA a copy of the credit application to be verified,
the creditor pulls the credit file of the consumer and the creditor verifies the information that the
consumer puts on the credit application themselves. The verification process was done backwards.
The law requires the credit reporting agency to verify the credit information not the creditor. This being
the case, anything that is included in your credit bureau file can be removed if you request the credit
reporting agencies right to report the item by forcing them to show you the proof of verification that is
supposed to be in their files. You can effectively remove both valid negative items as well as invalid items
this way.
According to the FCRA, if a credit file is going to be reported on a consumer's report it has to be properly
verified by the credit bureau. Each item included in a credit report has a verification piece…but, the
bureaus never have it. The FCRA states that the bureaus are the ones that have to keep this verification
on file even though the bureaus will try to tell you to go directly to the creditor and request this
information instead of asking the credit bureau for the documentation.
This is not good considering the lender, an unscrupulous court employee, or a collection agency or debt
buyer could report anything they like on your credit report in an attempt to gain leverage against you to
collect on an alleged debt or to justify to you why they are charging you a higher interest rate.
We don’t care what documents the creditor has in their files. Our stance is that according to Section 609
of the FCRA and backed up by the various established case law credit bureaus are required to send me a
copy of the documents that they used to verify the account I am disputing. If they do not have a copy of
the document(s) used to verify my account then that means that they did not verify the account and the
FCRA states that they are required to delete all “unverified” items.
9| P a g e
5 Simple Steps to Credit Repair
Why don’t the credit bureaus keep files if the FCRA requires them to? Because reviewing millions and
millions of paper documents and then keeping them in files on their location prior to reporting the account
in your credit file would be extremely difficult and time consuming and would cost a fortune to do it. So
rather than go to this great expense they instead set up an electronic reporting system and rely on a
creditor to submit documentation to you if you challenge any of the items on your report. Again, it all
sounds good in theory BUT it doing it this way does NOT comply with the current law.
The Truth is, NO ONE AT THE CREDIT BUREAU EVER ACTUALLY VERIFIES THE ACTUAL CREDIT
APPLICATION OR ANY OTHER DOCUMENTATION.
This is the dirty little secret that the credit bureaus don’t want you to know about.
How do we know that this is the way they deal with disputes? We know this because we have read the
transcripts where employees for various credit bureaus have admitted under oath that this is how it is
done when they testified under oath in various lawsuits pertaining to the FCRA. (NOTE: A copy of one of
the transcripts testimonies from one court case is included in this package.)
Were you aware of this? If you answered no, don’t feel bad. Most consumers HAVE NO IDEA
that this is how credit items are verified. The Credit Reporting Agencies are in violation of
Federal Law when they do this and they know they are but since 99.9% of consumers do not
knowtheir rights ‐ they don’t do anything about it. Why should they go to all that expense when
they don’t have to?
Not only that, to make matters worse the CFPB (Consumer Financial Protection Bureau), which
is supposed to regulate the Credit Bureaus and enforce the Fair Credit Reporting Act, refuses to
step in when you file a complaint with them or complain that the credit bureau refuses to send
you copies of the documents that they used to verify your disputed accounts.
Today, if you file a complaint with the FTC or the Consumer Financial Protection Bureau (CFPB)
they will send you a “form letter” that states, “We cannot act as your lawyer or intervene ina
dispute between a consumer and a credit bureau or between a consumer and a creditor or
furnisher of information. The private enforcement provisions of the FCRA permit the consumer
tobring a civil lawsuit for willful noncompliance with the Act.”
They will go on to inform you that if you choose to sue a credit bureau that the FCRA allowsyou
may receive actual damages and/or punitive damages up to $1,000 per occurrence for the
credit bureaus willful noncompliance with the Act (Section 616) as well as for negligent
noncompliance and you will be able to recover actual damages sustained by you (Section 617)
andthat attorney fees will be allowed for both forms of your civil action if you win the lawsuit.
Even though the FTC is supposed to exist to protect the consumer and to enforce the FCRA they
will tell you that they can’t force the credit bureaus to comply with the law but instead suggest
that you consult with a private attorney if you feel the credit bureau is not complying with the
law.
10 | P a g e
5 Simple Steps to Credit Repair
On the surface this is very disturbing and discouraging don’t you agree? Well, it is and it isn’t. Let
me explain. The truth of the matter is that the credit bureaus are BIG for-profit corporations that
have set up their own way of doing business and have indoctrinated the massesand lobbied the
various government officials into believing that they are doing everything correctand above and
beyond what the law requires them to do.
Why & how do they get away with it? They get away with it because hardly anybody ever challenges
them. But guess what, the credit bureaus back off when somebody challenges them the “right way”. They
don’t want to get sued and have to go to trial therefore they very seldom force you to sue them before
taking the negative items off. Not because it will cost a lot of money. Heck money is not a problem for
them. They have the money and resources to drag a lawsuit through the court system for years.
They don’t want to risk the publicity and have the masses find out about this especially during the banking
and mortgage crisis we are going through now. They know that if they get sued and the case goes to trial,
they will lose and then there will be case law on the record that could get the attention of hordes of
attorneys across the country and then their entire business model would be in jeopardy.
The good news is, if you challenge the credit bureaus “right to report” an account and show them that
you know your rights they will comply with your requests assuming you can get your letters through to
a real human being. (More on that later). After all, the number of people who know how to do a proper
dispute based on section 609 the right way are few and far between so when they receive a valid dispute
based on section 609 they quietly comply.
It’s not a big deal to them considering you are ‘a grain of sand on the beach’. As long as you serve them
with a valid dispute in writing and you don’t give up after receiving their “standard delay or intimidation
reply” that they have verified the item as being valid you will be one in a million so you are no threat to
their business model so they will quietly remove the items that you request them to.
VALID NEGATIVE CREDIT ITEMS VS INVALID ITEMS:
The credit bureaus propaganda machine has indoctrinated the masses into believing that itis
impossible to get accurate credit items removed from your credit report but the truth of the
matter is, that is false. As we discussed earlier, the law is as clear as mud but, “Page 37 (2), (E),
a statement that a consumer reporting agency is not required to remove accurate derogatory
information from the file of a consumer, unless the information is outdated under section 605
orcannot be verified.” this clause in the FCRA clearly states that they are required to remove
accurate information if it cannot be verified. Most people falsely believe there is NO HOPE in
removing “valid” derogatory information from their credit report and essentially give up. But
nothing could be further from the truth.
With the dispute letters in the E-book and my step‐by‐ step set of instructions, it doesn’t
matter whether the negative account is valid or not. The letters work because it disputes the
11 | P a g e
5 Simple Steps to Credit Repair
CREDIT REPORTING AGENCIES’ “RIGHT TO REPORT THE NEGATIVE” and NOT whether the
account is valid or not.
Under the FCRA, Credit Reporting Agencies (Credit Bureaus) must provide a copy of the
verifiable original creditor documentation if it is requested properly by you the consumer. Since
they cannot provide proof of verification to you in the form of a physical contract document
per your written request to do so – the account is classified as “UNVERIFIED” and under the
FCRA – all UNVERIFIED accounts MUST BE DELETED. Whether the account is correct or not –
makes no difference. If the CRA cannot provide you physical verification of the account – it is
an UNVERIFIEDaccount and MUST BE DELETED.
Remember, if you do happen to get some resistance from the Credit Bureaus – don’t be
alarmed and DO NOT give up. They don’t play fair and very seldom do they comply after only
receiving your first letter. If they send you a rejection letter or an intimidation letter as we
discussed earlier just send the next letter in our package and remind them it is your 2nd
Request!
Only use the letters that are in this package. Keep sending the letters DEMANDING the Credit
Bureau either provide the verifiable proof or DELETE the item. It may take a few letters and
determined persistence but all “unverified” items must and will be deleted.
In the extreme case where the CRA’s try to ignore your multiple written requests, you can file
a lawsuit and sue the CRA for damages under the Fair Credit Reporting Act (FCRA) and/or file a
formal complaint with the CFPB – Consumer Financial Protection Bureau for violations of the
FCRA.You can file your complaint here:
Written Request for them to send you copies of their verifiable proof that the account in
question or have the item deleted as per section 609.
Eventually, you will find that all of your derogatory accounts will begin to disappear.
12 | P a g e
5 Simple Steps to Credit Repair
VANTAGE SCORE VERSUS FICO
You may hear the terms FICO and VantageScore interchangeably when mentioning credit scores. While
both companies offer a credit score based on data reported by the three main credit reporting agencies
(Equifax, Experian, and TransUnion), and both scores are currently based on the same numerical scale of
300 to 850, there are differences between how the two companies calculate their scores.
WHAT’S THE DIFFERENCE BETWEEN FICO AND VANTAGE SCORE
CALCULATIONS?
The categories that Vantage Score and FICO use to evaluate credit data are similar in some ways, but
different in others.
How Is FICO Score Calculated?
FICO credit score calculations are broken down into five different categories, each with varying weighted
percentages. It goes as follows:
▪
35% Payment History: Have you paid your bills on time?
▪
30% Accounts Owed: How many outstanding bills are you sitting on?
▪
15% Length of Credit History: How long have you had a credit card?
▪
10% Active Credit Diversity: How many different credit cards and loans do you currently have
open?
▪
10% New Credit (including inquiries): How many new credit cards and loans have you recently
applied for
FICO Score Ranges
FICO scoring using the following tiers:
▪
Exceptional: 800 to 850;
▪
Very Good: 740 to 799;
▪
Good: 670 to 739;
▪
Fair: 580 to 669;
▪
Very Poor: 300 to 579.
13 | P a g e
5 Simple Steps to Credit Repair
How Is Vantage Score Calculated?
Vantage Score calculations take five different factors into account when determining your score. The
breakdown is as follows:
▪
40% Payment History;
▪
21% Age and Type of Credit: How long have you had the credit line or debt? Is it student loans,
credit cards, home loans?
▪
20% Utilization: How much of your allowed credit limit are you actually using?
▪
11% Active Debt: How much debt are you currently carrying?
▪
5% New Credit and Inquiries;
▪
3% Available Credit: How much credit do you still have available to spend?
Recently, Vantage Score 4.0 calculations eliminated criteria, and percentages of each category. The
breakdown follows as such:
▪
Extremely influential: Total credit usage, balance, and available credit;
▪
Highly influential: Credit mix and experience;
▪
Moderately influential: Payment history;
▪
Less influential: Age of credit history;
▪
Less influential: New accounts.
Vantage Score Ranges
Vantage Score 3.0 and 4.0 both use the following credit tiers:
▪
Super Prime: 781 to 850;
▪
Prime: 661 to 780;
▪
Near Prime: 601 to 660;
▪
Subprime: 500 to 600;
▪
Deep Subprime: 300 to 499.
These numbers don’t tell the full story — specifically, how each category is evaluated and where the data
comes from is different between the two models.
What Is Trended Data?
One major difference between Vantage Score and FICO is that the former uses trended data to calculate
your credit score. This means that while FICO takes a snapshot of your credit situation at the time of the
inquiry, Vantage Score looks at more of your data over time to identify patterns.
14 | P a g e
5 Simple Steps to Credit Repair
Many are unaware that recent changes can affect your score. FICO will ding you for a recently missed
payment, while Vantage Score will not weigh it as harshly if it’s contrasted against a history of on-time
payments (if you have a habit of paying your bills late, you will be penalized in both scores). So while on
the one hand it’s harder to run from an unfortunate past, Vantage Score also views isolated strokes of
bad luck in an otherwise healthy financial picture as just that.
What Will Hurt Your Credit Score?
Overall, the two scoring models have more commonalities than differences. They are both looking to
predict whether you’ll be a risk for lenders, so there are certain predictive factors that will ding you in
both VantageScore and FICO:
▪
Taking out too many loans in a short period of time;
▪
Having your identity stolen (not necessarily your fault, but still bad for your score);
▪
Defaulting on loans;
▪
Having multiple missed payments;
▪
Over-relying on debt to pay bills.
While Vantage Score may be more statistically forgiving of isolated mistakes, both scores will dock points
for negative financial habits. The purpose of a more sophisticated scoring system is to help lenders make
better decisions, not help consumers hide mistakes and debts.
The takeaway here is to pay attention to recurring behaviors that may be hurting you and take steps to
remedy them. If you keep running up a higher credit card bill than you can pay off at the end of the month,
determine what you are spending too much on and eliminate it. If you keep having to raise your credit
limit, there could be the potential that your spending outweighs your income and you are avoiding a
budget.
What If You Don’t Have Credit?
Historically, someone who has not yet developed credit by using credit cards cannot have a FICO score (or
at least, not a good one). But now, both VantageScore and a new type of FICO score called FICO XD look
at other histories such as phone and cable bills, as well as trended data, to predict borrowing behaviors,
so even if you’re just starting out on your financial journey you can still get a credit score and qualify for
a loan.
This approach opens up credit scoring to more people than the old FICO model. Just because someone
doesn’t have credit history doesn’t mean they’re not a great candidate for a home loan or other big-ticket
items.
15 | P a g e
5 Simple Steps to Credit Repair
There are specific groups traditionally missed, or excessively penalized, by FICO: immigrants, younger
people, and in many cases, African Americans and Hispanics, who simply use credit cards less routinely.
Some believe that credit reporting may perpetuate discrimination. Including these potential borrowers in
scoring allows lenders to consider more borrowers, and introduces more parity to the lending market.
What Are the Benefits for Consumers?
Vantage Score is easier to understand from a consumer’s perspective. The scoring system includes reason
codes, which provide insight into the factors that influence your credit score. Knowing the reasons your
credit score is what it is empowers you to change those specific behaviors to improve your score.
In an attempt to be more transparent, the Vantage Score website includes educational resources that
help consumers understand how the score works and know how to keep it healthy. FICO also understands
that individuals want more tools to take control of their finances, and has useful resources on its site as
well. The better you understand how the scores work, the more you can tweak your financial behavior to
reflect well in the scores.
Even though they calculate their scores in different ways, FICO and Vantage Score do have some things in
common. They both aim to predict your level of risk from a lender’s perspective based on your past
financial behavior. While a new borrower with little credit history may want to focus on their Vantage
Score, everyone can benefit from finding and fixing good financial habits.
Pay your bills on time, avoid racking up too much consumer debt, and pay down those continuing balances
to help improve your credit score. Remember, credit doesn’t change overnight, it is a continual, on-going
process that takes time.
HOW TO READ YOUR CREDIT REPORT
Check your credit history for accuracy.
Your credit report contains a wealth of information about your financial history and actions. If you have
credit or loan accounts, those accounts and how you pay them, are included in your credit report.1 It’s
important to review your credit report at least once a year so you know what your creditors are saying
about you.
Understanding your credit report can be confusing, especially if you’re reading your credit report for the
first time. Here is a breakdown of the types of information contained in your report.
16 | P a g e
5 Simple Steps to Credit Repair
Personal Information on Your Credit Report
The personal information included in your report is used to identify you. It contains basic information like
your name, address, and place of employment. Previous addresses and employment might also be
included.
It’s not uncommon to have variations or misspellings of your name. Most credit reporting agencies leave
these variations to maintain the link between your identity and credit information.
Having different variations of your name and old addresses won't hurt your credit score as long as it's
actually your information. Check this section to make sure personal information is identifying you and not
someone else.
Your Credit Summary
The credit summary section of your credit report summarizes information about the different types of
accounts you have. This section lists the total number of accounts you have along with the balance. It also
lists the number of current and delinquent accounts.2
It will include the following account types:
▪
Real Estate Accounts – Any mortgages that you have.
▪
Revolving Accounts - Any credit cards and lines of credit.
▪
Installment Accounts - Any loans not related to real estate purchases, such as car or education
loans.
▪
Other Accounts - Any miscellaneous accounts that don't fall into the other categories.
▪
Collection Accounts - Any accounts that have been sent to collections.
Your credit summary will also summarize the number of accounts you have open, closed, and the number
of inquiries made against your credit within the past two years.
YOUR ACCOUNT HISTORY
The account history section of your credit report contains the bulk of the information. This section includes
each of your credit accounts and details about how you've paid.2
Your account history will be very detailed, but it's important that you read through it to make sure the
information is being reported correctly.
Each account will contain several pieces of information:
▪
Creditor name of the institution reporting the information.
17 | P a g e
5 Simple Steps to Credit Repair
▪
Account number associated with the account. The account number may be scrambled or
shortened for privacy purposes.
▪
Account type, i.e., a revolving account, education loan, auto loan.
▪
Responsibility. This indicates whether you have an individual, joint, or authorized user responsible
for the account.
▪
Monthly payment is the minimum amount you are required to pay on the account each month.
▪
Date opened. The month and year the account was established.
▪
Date reported is the last date the creditor updated the account information with the credit
bureau.
▪
Balance. The amount owed on the account at the time data was reported.
▪
Credit limit or loan amount.
▪
High balance or high credit is the highest amount ever charged on the credit card. For installment
loans, high credit is the original loan amount.
▪
Past due. Amount past due at the time the data was reported.
▪
Remarks are comments made by the creditor about your account.
▪
Payment status. Indicates the status of the account, i.e. current, past due, charge-off. Even if your
account is current, it might contain information about previous delinquencies.
▪
Payment history. Indicates your monthly payment status since the time your account was
established.
Collection accounts may appear as part of the account history or in a separate section. Where it appears
depends on the company providing your credit report.
Public Records
Bankruptcy is the only type of public record that can appear on your credit report. Depending on the type
of bankruptcy, the record may stay on your credit report for 7-10 years.
Credit Inquiries
Credit inquiries list all parties who have accessed your credit report within the past two years. While your
version of the credit report lists several credit inquiries, not all of these appear on the lenders' and
creditors' versions.
The three major consumer credit bureaus: Equifax, Experian and
TransUnion
Most people are aware of the three major consumer credit bureaus. These companies collect information
about a person’s credit history and compile reports that lenders can use to make credit decisions.
18 | P a g e
5 Simple Steps to Credit Repair
The typical data found on credit reports includes your personal and financial information, such as a
person’s identifying information, address, credit accounts, payment history, account balances, credit
inquiries, collection accounts and public records such as bankruptcies and civil judgments.
Why aren’t all of my credit reports the same?
It’d be easier to keep track of credit reports and credit scores if they were all exactly the same, but that’s
not the case. There are a few reasons why your credit reports are different, one being that each credit
bureau only has the information that gets submitted to it, which means the bureaus can have different
information.
Not every lender reports to all three of the major consumer credit bureaus. If a lender only submits
information to Experian and TransUnion and doesn’t submit that information to Equifax, then Equifax has
no way of knowing about your account with that lender.
That’s why it’s important to check your credit reports from all three major credit bureaus for errors, not
just one or two. The information in your TransUnion® credit report may be correct, but if one of your
lenders incorrectly reported information to Equifax, you may never know about the error unless you check
your Equifax® credit report.
You can get a copy of your Equifax® and TransUnion® credit reports by signing up for a free Credit Karma
account.
Why aren’t all of my credit scores the same?
Your credit scores may be different for a number of reasons. One reason being that there are many
different credit-scoring models that are used for different purposes. Each credit-scoring model can use
the information on your credit reports differently, coming up with a different score. And some scores are
geared toward the kind of credit product that you’re applying for. For instance, there are specific credit
scores used to determine risk for auto loans and others to determine risk for credit cards.
What are the other consumer-reporting companies?
While the three major consumer credit bureaus get the most attention, smaller consumer-reporting
companies may also be used from time to time depending on your lender and your situation. According
to the Consumer Financial Protection Bureau, there are other consumer-reporting companies that offer
supplementary or alternative reports. Some of the other players include …
▪
CoreLogic Credco
▪
SageStream (subsidiary of ID Analytics LLC)
▪
Innovis
▪
LexisNexis Risk Solutions
19 | P a g e
5 Simple Steps to Credit Repair
▪
MicroBilt/PRBC
Some of these consumer-reporting companies specialize in particular data, while others simply provide
an additional source of information for lenders. LexisNexis Risk Solutions, for example, collects
information from public records and other proprietary data sources, like professional license information
and real estate transaction data.
According to the CFPB, as of 2012 there were about 400 consumer-reporting companies in the United
States. In addition to the largest reporting firms, there are a variety of other agencies that report on
alternative financial products and services, including checking accounts and payday loans.
Why are there so many consumer-reporting companies?
Credit is a big business in the United States. If you stop and think for a minute about all of the financial
products you’ve applied for over the years (a student loan, auto loan, mortgage, credit card, apartment
rental, etc.), it’s easy to see how often lenders need information about individuals.
While the three major credit bureaus typically focus on collecting the same types of information, some of
the smaller consumer-reporting companies focus on collecting niche information. For instance,
MicroBilt/PRBC offers services to help provide credit information on borrowers with little to no typical
credit activity, often called a thin file.
BOTTOM LINE
Now that you’re aware that there are more companies reporting on consumer information than just the
three major credit bureaus, it’s time to decide what to do with your newfound knowledge.
If you already have an established credit history and decent credit scores, chances are you don’t have to
worry too much. But there are a number of smaller consumer-reporting companies out there that lenders
can turn to when making decisions, so it may be worth your while to take notice.
20 | P a g e
5 Simple Steps to Credit Repair
THE 5 SIMPLE STEPS
1. Get a copy of your credit report from all 3 credit bureaus (Transunion, Equifax and
Experian) Each bureau must provide you with 1 FREE credit report each year. Go
to annnualcreditreport.com to obtain your free report or get a report directly from
each credit bureau. Last but not least, you could download Credit Karma App.
Credit karma will only give you 2 credit bureaus (Transunion and Equifax)
2. Review each credit report for inaccurate personal and transactional information.
One of the best hacks at this stage is to remove all old personal information before
disputing the negative items. Make sure that only your current information is
showing up on your credit report. (Current address, current phone #, current
employment)
3. This step is one of the most critical. Here is where you must Opt-out, not freeze
your account with the following 5 secondary credit bureaus:
▪ Sage Stream
▪ Core Logic
▪ ARS
▪ Innovis
▪ Lexus Nexus
**All instruction on how to opt-out can be found be going to each of the
company’s website**.
4. This is the step in which you Fill out your 609-dispute letter for each bureau.
▪ Go to the appendix section and use letter number 1
▪ If all items are not deleted, send letter 2. Follow sequence until satisfied
▪ Also send the verification letter to the creditor of each negative account
▪ Add the Account name, Account number for each account
5. The last step is to sit back and watch. If you don’t hear back from the credit bureaus
in 30 days open a case with the Consumer Finance Protection Bureau (which is the
governmental agency that oversees the credit bureaus)
21 | P a g e
609-DISPUTE LETTERS
Equifax
609-DISPUTE LETTERS
Your Full Name (Make sure it matches the name on your credit report)
Address
City, State Zip
SSN: 000-00-0000 | DOB: 7/1/1960
June 1, 2013
Equifax
P.O. Box 740256
Atlanta, GA 30374
This letter is to inform you that I recently received a copy of my credit report that your company
publishes and after reviewing it I found a number of items on the report that are inaccurate. The accounts
in question are listed below.
Please send me copies of the documents that you have in your files as of this date that you used
to verify the accuracy of the accounts listed below.
Under the Fair Credit Reporting Act, 15 U.S.C. § 1681g I have the right to demand that you disclose
to me all of the documents that you have recorded and retained in your file at the time of this request
concerning the accounts that you are reporting in my credit report. Please don’t respond to my request
by saying that these accounts have been verified. Send me copies of the documents that you have in your
files that were used to verify them.
If you do not have any documentation in your files to verify the accuracy of these disputed
accounts then please delete them immediately as required under Section 611(a)(5)(A)(i). By publishing
these inaccurate and unverified items on my credit report and distributing them to 3 rd parties you are
damaging my reputation and credit worthiness.
Under the FCRA 15 U.S.C. § 1681i, all unverified accounts must be promptly deleted. Therefore,
if you are unable to provide me with a copy of the verifiable proof that you have on file for each of the
accounts listed below within 30 days of receipt of this letter then you must remove these accounts from
my credit report.
Please provide me with a copy of an updated and corrected credit report showing these items removed.
I demand the following accounts be properly verified or removed immediately.
Name of Account:
Account Number:
1. Chase Bank
#533376304023 …
Provide Physical Proof of Verification
Unverified Account
(Hand Write this information with blue ink pen)
Make sure that you don’t have more than 22 accounts listed
* NOTE: Please also remove all non-account holding inquiries over 30 days old.
Thank You,
Sign your name here
(Your Name Here)
22| P a g e
609-DISPUTE LETTERS
Equifax
Attached: Copy of my Social Security Card & Drivers License is attached
Sent: USPS Certified Mail
Take these cards down to your copy center and make clear copies of both on one sheet.
They must be legible or else the credit bureaus will reject them.
COPY of SSN CARD
COPY OF ID CARD
(Driver’s License, Passport or
State ID Card)
23 | P a g e
609-DISPUTE LETTERS
Equifax
August 1, 2013
Your Name
Address
City, State Zip
SSN: 000-00-0000 | DOB: 1/1/1960
Equifax
P.O. Box 740256
Atlanta, GA 30374
Please be advised that this is my SECOND WRITTEN REQUEST asking you to remove the
unverified accounts listed below that remain on my credit report in violation of 15 U.S.C. § 1681. You are
required under the FCRA to have properly verified the accuracy of an account listed on my credit report.
In the results of your first re-investigation, you stated in writing that you “verified” that these items are
being “reported correctly”.
Where are the documents that you used to verify these accounts? What is the name of the
person in your company who verified these accounts? What documents did they use to verify them?
Please provide me with the name of that individual, their business address, and telephone number.
Black’s Law Dictionary, 9th Edition, 2009, defines “Verify” as, 1) "To prove to be true; to confirm
or establish the truth or truthfulness of; to authenticate." 2) “to confirm or substantiate by oath or
affidavit; to swear to the truth of." and “Verification” as, “Confirmation of correctness, truth or
authenticity, by affidavit, oath, or deposition. Affidavit of truth of a matter stated and object of
verification is to assure good faith in averments or statements of a party.”
What this means is that your company must be willing and able to produce a document in your
files that proves the account(s) in dispute belong to me and the information being reported is accurate
and you must be able to do this in a court of law if I file a lawsuit against you. Someone in your company
must authenticate the documents in your files that were used to verify the disputed accounts and to do
this they must have 1st hand knowledge of the alleged account(s) and all that has ever transpired for the
alleged account(s), under oath and under the penalty of perjury.
As I am sure that you are well aware, current Federal case law states that, Consumer Reporting
Agencies bear grave responsibilities to ensure the accuracy of the accounts they report on and their
responsibility must consist of something more than merely parroting information received from other
sources. The Courts have also ordered that a “Reinvestigation” that merely shifts the burden back to
the consumer and the credit grantor cannot fulfill the obligations imposed by § 1681(a)(4).
You have ignored my request to provided me with the documents that you have in your files that
you used to verify the disputed accounts which means that you have NOT verified or you cannot verify
any of these accounts and under Section 611 (5)(A) of the FCRA – you are required to “…promptly DELETE
all information which cannot be verified.”
The law is very clear as to the Civil liability and the remedy available to me for “negligent
noncompliance” (Section 617) if you fail to comply with this Federal Law. I am a litigious consumer and
fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. I demand the
following accounts be verified or deleted immediately.
Name of Account:
Account Number:
Provide Physical Proof of Verification
1. Chase Bank
#533376304023 …
(Hand Write this information with blue ink pen)
Unverified Account
24 | P a g e
609-DISPUTE LETTERS
Equifax
Note: If they have already removed some of the items that you listed on your first
letter than remove them from your list on this letter.
On removal of the above noted accounts please provide me with a copy of an updated
and corrected copy of my credit report showing that these accounts have been removed.
Thanking you in advance for your anticipated quick co-operation on this matter.
Thank you,
Your Signature Here
Your Name Here
Attached: Copy of my Social Security Card & Drivers License is attached
Sent: USPS Certified Mail
COPY of SSN CARD
COPY OF ID CARD
(Driver’s License, Passport or
State ID Card)
25 | P a g e
609-DISPUTE LETTERS
Equifax
August 1, 2013
Your Name
Address
City, State Zip
SSN: 000-00-0000 | DOB: 1/1/1960
Equifax
P.O. Box 740256
Atlanta, GA 30374
NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY DAMAGES UNDER FCRA SECTION
616 & SECTION 617
Please accept this final written OFFER OF SETTLEMENT BEFORE LITIGATION as my attempt to
amicably resolve your continued willful violation of the Fair Credit Reporting Act regarding your refusal
to delete all of the UNVERIFIED account information from my consumer file.
Despite my three written requests, the unverified items listed below still remain on my credit
report in violation of Federal Law. In the results of your re-investigations, you stated in writing that you
“verified” that these items are being “reported correctly”? You still have not identified Who in your
company verified the accuracy of these accounts or how they verified them?
As previously pointed out to you, Black’s Law Dictionary, 6th Edition, 1990, defines “Verification”
as, “Confirmation of correctness, truth or authenticity, by affidavit, oath, or deposition. Affidavit of
truth of a matter stated and object of verification is to assure good faith in averments or statements of
a party.”
What this means is that your company must be willing and able to produce a document that
proves the account(s) in dispute belong to me and the information being reported is accurate and you
must be able to do this in a court of law. Someone in your company must authenticate the documents in
your files that were used to verify the disputed accounts and to do this they must have 1st hand knowledge
of the alleged account(s) and all that has ever transpired for the alleged account(s), under oath and under
the penalty of perjury.
Your failure to provide me with verifiable proof required for your company to post the accounts
listed below is evidence that it does not exist and therefore is proof that you can not properly “Verify” the
accuracy of any of the disputed accounts. Please be advised that under Section 611 (5)(A) of the FCRA –
you are required to “…promptly DELETE all information which cannot be verified.”
Due to your continued willful disregard of the law I intend to pursue litigation in accordance with
the FCRA to seek relief and recover all monetary damages that I may be entitled to under Section 616 and
Section 617 if the UNVERIFIED items listed below are not deleted within10 days.
A copy of this letter as well as copies of the three previously written letters sent to you by certified
mail with proof of delivery will also become part of a formal complaint to the Consumer Financial
Protection Bureau. They will also be submitted as evidence in pending litigation provided you fail to
comply with this offer of settlement.
The law is very clear as to the Civil liability and the remedy available to me (Section 616 & 617) if
you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this
matter to enforce my rights under the FCRA.
26 | P a g e
609-DISPUTE LETTERS
Equifax
In order to avoid legal action I demand that you delete all of the unverified accounts listed
below immediately. Please provide me with a copy of an updated and corrected credit report showing
that these items have been deleted.
Name of Account:
Account Number:
Provide Physical Proof of Verification
1. Chase Bank
#533376304023 …
Unverified Account
(Hand Write this information with blue ink pen)
Note: If they have already removed some of the items that you listed on your first
& second letter than remove them from your list on this letter.
Thank you,
Your Signature Here
Your Name Here
Attached: Copy of my Social Security Card & Drivers License is attached
Sent: USPS Certified Mail
COPY of SSN CARD
COPY OF ID CARD
(Driver’s License, Passport or
State ID Card)
27 | P a g e
609-DISPUTE LETTERS
Experian
Your Full Name (Make sure it matches the name on your credit report)
Address
City, State Zip
SSN: 000-00-0000 | DOB: 7/1/1960
Experian
P.O. Box 2002
Allen, TX 75013
June 1, 2013
This letter is to inform you that I recently received a copy of my credit report that your company
publishes and after reviewing it I found a number of items on the report that are inaccurate. The accounts
in question are listed below.
Please send me copies of the documents that you have in your files as of this date that you used
to verify the accuracy of the accounts listed below.
Under the Fair Credit Reporting Act, 15 U.S.C. § 1681g I have the right to demand that you disclose
to me all of the documents that you have recorded and retained in your file at the time of this request
concerning the accounts that you are reporting in my credit report. Please don’t respond to my request
by saying that these accounts have been verified. Send me copies of the documents that you have in your
files that were used to verify them.
If you do not have any documentation in your files to verify the accuracy of these disputed
accounts then please delete them immediately as required under Section 611(a)(5)(A)(i). By publishing
these inaccurate and unverified items on my credit report and distributing them to 3 rd parties you are
damaging my reputation and credit worthiness.
Under the FCRA 15 U.S.C. § 1681i, all unverified accounts must be promptly deleted. Therefore,
if you are unable to provide me with a copy of the verifiable proof that you have on file for each of the
accounts listed below within 30 days of receipt of this letter then you must remove these accounts from
my credit report.
Please provide me with a copy of an updated and corrected credit report showing these items
removed.
I demand the following accounts be properly verified or removed immediately.
Name of Account:
Account Number:
Provide Physical Proof of Verification
1. Chase Bank
#533376304023 …
Unverified Account
(Hand Write this information with blue ink pen)
Make sure that you don’t have more than 22 accounts listed
* NOTE: Please also remove all non-account holding inquiries over 30 days old.
Thank You,
Sign your name here
(Your Name Here)
Attached: Copy of my Social Security Card & Drivers License is attached
Sent: USPS Certified Mail
28| P a g e
609-DISPUTE LETTERS
Experian
Take these cards down to your copy center and make clear copies of both on one sheet.
They must be legible or else the credit bureaus will reject them.
COPY of SSN CARD
COPY OF ID CARD
(Driver’s License, Passport or
State ID Card)
29 | P a g e
609-DISPUTE LETTERS
Experian
August 1, 2013
Your Name
Address
City, State Zip
SSN: 000-00-0000 | DOB: 1/1/1960
Experian
P.O. Box 2002
Allen, TX 75013
Please be advised that this is my SECOND WRITTEN REQUEST asking you to remove the
unverified accounts listed below that remain on my credit report in violation of 15 U.S.C. § 1681. You are
required under the FCRA to have properly verified the accuracy of an account listed on my credit report.
In the results of your first re-investigation, you stated in writing that you “verified” that these items are
being “reported correctly”.
Where are the documents that you used to verify these accounts? What is the name of the
person in your company who verified these accounts? What documents did they use to verify them?
Please provide me with the name of that individual, their business address, and telephone number.
Black’s Law Dictionary, 9th Edition, 2009, defines “Verify” as, 1) "To prove to be true; to confirm
or establish the truth or truthfulness of; to authenticate." 2) “to confirm or substantiate by oath or
affidavit; to swear to the truth of." and “Verification” as, “Confirmation of correctness, truth or
authenticity, by affidavit, oath, or deposition. Affidavit of truth of a matter stated and object of
verification is to assure good faith in averments or statements of a party.”
What this means is that your company must be willing and able to produce a document in your
files that proves the account(s) in dispute belong to me and the information being reported is accurate
and you must be able to do this in a court of law if I file a lawsuit against you. Someone in your company
must authenticate the documents in your files that were used to verify the disputed accounts and to do
this they must have 1st hand knowledge of the alleged account(s) and all that has ever transpired for the
alleged account(s), under oath and under the penalty of perjury.
As I am sure that you are well aware, current Federal case law states that, Consumer Reporting
Agencies bear grave responsibilities to ensure the accuracy of the accounts they report on and their
responsibility must consist of something more than merely parroting information received from other
sources. The Courts have also ordered that a “Reinvestigation” that merely shifts the burden back to
the consumer and the credit grantor cannot fulfill the obligations imposed by § 1681(a)(4).
You have ignored my request to provided me with the documents that you have in your files that
you used to verify the disputed accounts which means that you have NOT verified or you cannot verify
any of these accounts and under Section 611 (5)(A) of the FCRA – you are required to “…promptly DELETE
all information which cannot be verified.”
The law is very clear as to the Civil liability and the remedy available to me for “negligent
noncompliance” (Section 617) if you fail to comply with this Federal Law. I am a litigious consumer and
fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. I demand the
following accounts be verified or deleted immediately.
Name of Account:
Account Number:
Provide Physical Proof of Verification
1. Chase Bank
#533376304023 …
(Hand Write this information with blue ink pen)
Unverified Account
30 | P a g e
609-DISPUTE LETTERS
Experian
Note: If they have already removed some of the items that you listed on your first
letter than remove them from your list on this letter.
On removal of the above noted accounts please provide me with a copy of an updated
and corrected copy of my credit report showing that these accounts have been removed.
Thanking you in advance for your anticipated quick co-operation on this matter.
Thank you,
Your Signature Here
Your Name Here
Attached: Copy of my Social Security Card & Drivers License is attached
Sent: USPS Certified Mail
COPY of SSN CARD
COPY OF ID CARD
(Driver’s License, Passport or
State ID Card)
31 | P a g e
609-DISPUTE LETTERS
Experian
August 1, 2013
Your Name
Address
City, State Zip
SSN: 000-00-0000 | DOB: 1/1/1970
Experian
P.O. Box 2002
Allen, TX 75013
Please be advised that this is my THIRD WRITTEN REQUEST and FINAL WARNING that I fully
intend to pursue litigation in accordance with the FCRA to enforce my rights and seek relief and recover
all monetary damages that I may be entitled to under Section 616 and Section 617 regarding your
continued willful and negligent noncompliance.
Despite my previous 2 written requests, the unverified items listed below still remain on my credit
report in violation of Federal Law. You stated in your responses to my 2 dispute letters that you have
verified that the items listed below are accurate but you failed to send me copies of the documents that
you used to verify these accounts as per my request. The fact that you have ignored my request to send
me copies of the documents that you used to verify the disputed accounts is evidence that you can not
and did not verify any of the disputed accounts like you said you did. Your failure to delete the disputed
accounts that you can not verify after two written requests is also evidence of your willful disregard of
Federal Law.
When we go to litigation and through the discovery process you will be required to produce these
documents along with an affidavit swearing under oath that these are the true and correct documents
that you used to verify the disputed accounts. The fact that you don’t have any of the said documents in
your files is proof that you did not properly verify the accounts within 30 days as required by law and the
Court will order you to delete them.
You say that you have reinvestigated these accounts but you’ve admitted that all you have done
is parroted information given to you by other sources and shifted the burden back to me to contact the
original creditor to verify these accounts which is clearly in violation of § 1681(a)(4).
I also asked you to give me the name of the person in your company who verified the accuracy of
these accounts but you ignored this request as well which is another violation of Federal Law and evidence
of your willful disregard of the law.
Please be advised that under Section 611 (5)(A) of the FCRA – you are required to “…promptly
DELETE all information which cannot be verified.” I request that you do this immediately.
The law is very clear as to the Civil liability and the remedy available to me (Section 616 & 617) if
you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this
matter to enforce my rights under the FCRA.
I demand that you delete all of the accounts listed below immediately. Please provide me with
a copy of an updated and corrected credit report showing that these items have been deleted.
Name of Account:
Account Number:
Provide Physical Proof of Verification
1. Chase Bank
#533376304023 …
Unverified Account
(Hand Write this information with blue ink pen)
32 | P a g e
609-DISPUTE LETTERS
Experian
Note: If they have already removed some of the items that you listed on your first
& second letter than remove them from your list on this letter.
Thanking you in advance for your anticipated quick co-operation on this matter.
Thank you,
Your Signature Here
Your Name Here
Attached: Copy of my Social Security Card & Drivers License is attached
Sent: USPS Certified Mail
COPY of SSN CARD
COPY OF ID CARD
(Driver’s License, Passport or
State ID Card)
33 | P a g e
609-DISPUTE LETTERS
Experian
August 1, 2013
Your Name
Address
City, State Zip
SSN: 000-00-0000 | DOB: 1/1/1960
Experian
P.O. Box 2002
Allen, TX 75013
NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY DAMAGES UNDER FCRA SECTION
616 & SECTION 617
Please accept this final written OFFER OF SETTLEMENT BEFORE LITIGATION as my attempt to
amicably resolve your continued willful violation of the Fair Credit Reporting Act regarding your refusal
to delete all of the UNVERIFIED account information from my consumer file.
Despite my three written requests, the unverified items listed below still remain on my credit
report in violation of Federal Law. In the results of your re-investigations, you stated in writing that you
“verified” that these items are being “reported correctly”? You still have not identified Who in your
company verified the accuracy of these accounts or how they verified them?
As previously pointed out to you, Black’s Law Dictionary, 6th Edition, 1990, defines “Verification”
as, “Confirmation of correctness, truth or authenticity, by affidavit, oath, or deposition. Affidavit of
truth of a matter stated and object of verification is to assure good faith in averments or statements of
a party.”
What this means is that your company must be willing and able to produce a document that
proves the account(s) in dispute belong to me and the information being reported is accurate and you
must be able to do this in a court of law. Someone in your company must authenticate the documents in
your files that were used to verify the disputed accounts and to do this they must have 1st hand knowledge
of the alleged account(s) and all that has ever transpired for the alleged account(s), under oath and under
the penalty of perjury.
Your failure to provide me with verifiable proof required for your company to post the accounts
listed below is evidence that it does not exist and therefore is proof that you can not properly “Verify” the
accuracy of any of the disputed accounts. Please be advised that under Section 611 (5)(A) of the FCRA –
you are required to “…promptly DELETE all information which cannot be verified.”
Due to your continued willful disregard of the law I intend to pursue litigation in accordance with
the FCRA to seek relief and recover all monetary damages that I may be entitled to under Section 616 and
Section 617 if the UNVERIFIED items listed below are not deleted within10 days.
A copy of this letter as well as copies of the three previously written letters sent to you by certified
mail with proof of delivery will also become part of a formal complaint to the Consumer Financial
Protection Bureau. They will also be submitted as evidence in pending litigation provided you fail to
comply with this offer of settlement.
The law is very clear as to the Civil liability and the remedy available to me (Section 616 & 617) if
you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this
matter to enforce my rights under the FCRA.
34 | P a g e
609-DISPUTE LETTERS
Experian
In order to avoid legal action I demand that you delete all of the unverified accounts listed
below immediately. Please provide me with a copy of an updated and corrected credit report showing
that these items have been deleted.
Name of Account:
Account Number:
Provide Physical Proof of Verification
1. Chase Bank
#533376304023 …
Unverified Account
(Hand Write this information with blue ink pen)
Note: If they have already removed some of the items that you listed on your first
& second letter than remove them from your list on this letter.
Thank you,
Your Signature Here
Your Name Here
Attached: Copy of my Social Security Card & Drivers License is attached
Sent: USPS Certified Mail
COPY of SSN CARD
COPY OF ID CARD
(Driver’s License, Passport or
State ID Card)
35 | P a g e
609-DISPUTE LETTERS
TransUnion
Your Full Name (Make sure it matches the name on your credit report)
Address
City, State Zip
SSN: 000-00-0000 | DOB: 7/1/1960
June 1, 2013
Trans Union
P.O. Box 2000
Chester, PA 19022
This letter is to inform you that I recently received a copy of my credit report that your company
publishes and after reviewing it I found a number of items on the report that are inaccurate. The accounts
in question are listed below.
Please send me copies of the documents that you have in your files as of this date that you used
to verify the accuracy of the accounts listed below.
Under the Fair Credit Reporting Act, 15 U.S.C. § 1681g I have the right to demand that you disclose
to me all of the documents that you have recorded and retained in your file at the time of this request
concerning the accounts that you are reporting in my credit report. Please don’t respond to my request
by saying that these accounts have been verified. Send me copies of the documents that you have in your
files that were used to verify them.
If you do not have any documentation in your files to verify the accuracy of these disputed
accounts then please delete them immediately as required under Section 611(a)(5)(A)(i). By publishing
these inaccurate and unverified items on my credit report and distributing them to 3rd parties you are
damaging my reputation and credit worthiness.
Under the FCRA 15 U.S.C. § 1681i, all unverified accounts must be promptly deleted. Therefore,
if you are unable to provide me with a copy of the verifiable proof that you have on file for each of the
accounts listed below within 30 days of receipt of this letter then you must remove these accounts from
my credit report.
Please provide me with a copy of an updated and corrected credit report showing these items
removed.
I demand the following accounts be properly verified or removed immediately.
Name of Account:
Account Number:
Provide Physical Proof of Verification
1. Chase Bank
#533376304023 …
Unverified Account
(Hand Write this information with blue ink pen)
Make sure that you don’t have more than 22 accounts listed
* NOTE: Please also remove all non-account holding inquiries over 30 days old.
Thank You,
Sign your name here
(Your Name Here)
36 | P a g e
609-DISPUTE LETTERS
TransUnion
Attached: Copy of my Social Security Card & Drivers License is attached
Sent: USPS Certified Mail
Take these cards down to your copy center and make clear copies of both on one sheet.
They must be legible or else the credit bureaus will reject them.
COPY of SSN CARD
COPY OF ID CARD
(Driver’s License, Passport or
State ID Card)
37 | P a g e
609-DISPUTE LETTERS
TransUnion
August 1, 2013
Your Name
Address
City, State Zip
SSN: 000-00-0000 | DOB: 1/1/1960
Trans Union
P.O. Box 2000
Chester, PA 19022
Please be advised that this is my SECOND WRITTEN REQUEST asking you to remove the
unverified accounts listed below that remain on my credit report in violation of 15 U.S.C. § 1681. You are
required under the FCRA to have properly verified the accuracy of an account listed on my credit report.
In the results of your first re-investigation, you stated in writing that you “verified” that these items are
being “reported correctly”.
Where are the documents that you used to verify these accounts? What is the name of the
person in your company who verified these accounts? What documents did they use to verify them?
Please provide me with the name of that individual, their business address, and telephone number.
Black’s Law Dictionary, 9th Edition, 2009, defines “Verify” as, 1) "To prove to be true; to confirm
or establish the truth or truthfulness of; to authenticate." 2) “to confirm or substantiate by oath or
affidavit; to swear to the truth of." and “Verification” as, “Confirmation of correctness, truth or
authenticity, by affidavit, oath, or deposition. Affidavit of truth of a matter stated and object of
verification is to assure good faith in averments or statements of a party.”
What this means is that your company must be willing and able to produce a document in your
files that proves the account(s) in dispute belong to me and the information being reported is accurate
and you must be able to do this in a court of law if I file a lawsuit against you. Someone in your company
must authenticate the documents in your files that were used to verify the disputed accounts and to do
this they must have 1st hand knowledge of the alleged account(s) and all that has ever transpired for the
alleged account(s), under oath and under the penalty of perjury.
As I am sure that you are well aware, current Federal case law states that, Consumer Reporting
Agencies bear grave responsibilities to ensure the accuracy of the accounts they report on and their
responsibility must consist of something more than merely parroting information received from other
sources. The Courts have also ordered that a “Reinvestigation” that merely shifts the burden back to
the consumer and the credit grantor cannot fulfill the obligations imposed by § 1681(a)(4).
You have ignored my request to provided me with the documents that you have in your files that
you used to verify the disputed accounts which means that you have NOT verified or you cannot verify
any of these accounts and under Section 611 (5)(A) of the FCRA – you are required to “…promptly DELETE
all information which cannot be verified.”
The law is very clear as to the Civil liability and the remedy available to me for “negligent
noncompliance” (Section 617) if you fail to comply with this Federal Law. I am a litigious consumer and
fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. I demand the
following accounts be verified or deleted immediately.
Name of Account:
Account Number:
Provide Physical Proof of Verification
38 | P a g e
609-DISPUTE LETTERS
TransUnion
1. Chase Bank
#533376304023 …
Unverified Account
(Hand Write this information with blue ink pen)
Note: If they have already removed some of the items that you listed on your first letter than
remove them from your list on this letter.
On removal of the above noted accounts please provide me with a copy of an updated and
corrected copy of my credit report showing that these accounts have been removed. Thanking you in
advance for your anticipated quick co-operation on this matter.
Thank you,
Your Signature Here
Your Name Here
Attached: Copy of my Social Security Card & Drivers License is attached
Sent: USPS Certified Mail
COPY of SSN CARD
COPY OF ID CARD
(Driver’s License, Passport or
State ID Card)
39 | P a g e
609-DISPUTE LETTERS
TransUnion
August 1, 2013
Your Name
Address
City, State Zip
SSN: 000-00-0000 | DOB: 1/1/1970
Trans Union
P.O. Box 2000
Chester, PA 19022
Please be advised that this is my THIRD WRITTEN REQUEST and FINAL WARNING that I fully
intend to pursue litigation in accordance with the FCRA to enforce my rights and seek relief and recover
all monetary damages that I may be entitled to under Section 616 and Section 617 regarding your
continued willful and negligent noncompliance.
Despite my previous 2 written requests, the unverified items listed below still remain on my credit
report in violation of Federal Law. You stated in your responses to my 2 dispute letters that you have
verified that the items listed below are accurate but you failed to send me copies of the documents that
you used to verify these accounts as per my request. The fact that you have ignored my request to send
me copies of the documents that you used to verify the disputed accounts is evidence that you can not
and did not verify any of the disputed accounts like you said you did. Your failure to delete the disputed
accounts that you can not verify after two written requests is also evidence of your willful disregard of
Federal Law.
When we go to litigation and through the discovery process you will be required to produce these
documents along with an affidavit swearing under oath that these are the true and correct documents
that you used to verify the disputed accounts. The fact that you don’t have any of the said documents in
your files is proof that you did not properly verify the accounts within 30 days as required by law and the
Court will order you to delete them.
You say that you have reinvestigated these accounts but you’ve admitted that all you have done
is parroted information given to you by other sources and shifted the burden back to me to contact the
original creditor to verify these accounts which is clearly in violation of § 1681(a)(4).
I also asked you to give me the name of the person in your company who verified the accuracy of
these accounts but you ignored this request as well which is another violation of Federal Law and evidence
of your willful disregard of the law.
Please be advised that under Section 611 (5)(A) of the FCRA – you are required to “…promptly
DELETE all information which cannot be verified.” I request that you do this immediately.
The law is very clear as to the Civil liability and the remedy available to me (Section 616 & 617) if
you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this
matter to enforce my rights under the FCRA.
I demand that you delete all of the accounts listed below immediately. Please provide me with a copy
of an updated and corrected credit report showing that these items have been deleted.
Name of Account:
Account Number:
Provide Physical Proof of Verification
1. Chase Bank
#533376304023 …
Unverified Account
(Hand Write this information with blue ink pen)
40 | P a g e
609-DISPUTE LETTERS
TransUnion
Note: If they have already removed some of the items that you listed on your first
& second letter than remove them from your list on this letter.
Thanking you in advance for your anticipated quick co-operation on this matter.
Thank you,
Your Signature Here
Your Name Here
Attached: Copy of my Social Security Card & Drivers License is attached
Sent: USPS Certified Mail
COPY of SSN CARD
COPY OF ID CARD
(Driver’s License, Passport or
State ID Card)
41 | P a g e
609-DISPUTE LETTERS
TransUnion
August 1, 2013
Your Name
Address
City, State Zip
SSN: 000-00-0000 | DOB: 1/1/1960
Trans Union
P.O. Box # 2000
Chester, PA. 19022
NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY DAMAGES UNDER FCRA SECTION 616 &
SECTION 617
Please accept this final written OFFER OF SETTLEMENT BEFORE LITIGATION as my attempt to
amicably resolve your continued willful violation of the Fair Credit Reporting Act regarding your refusal
to delete all of the UNVERIFIED account information from my consumer file.
Despite my three written requests, the unverified items listed below still remain on my credit
report in violation of Federal Law. In the results of your re-investigations, you stated in writing that you
“verified” that these items are being “reported correctly”? You still have not identified Who in your
company verified the accuracy of these accounts or how they verified them?
As previously pointed out to you, Black’s Law Dictionary, 6th Edition, 1990, defines “Verification”
as, “Confirmation of correctness, truth or authenticity, by affidavit, oath, or deposition. Affidavit of
truth of a matter stated and object of verification is to assure good faith in averments or statements of
a party.”
What this means is that your company must be willing and able to produce a document that
proves the account(s) in dispute belong to me and the information being reported is accurate and you
must be able to do this in a court of law. Someone in your company must authenticate the documents in
your files that were used to verify the disputed accounts and to do this they must have 1st hand knowledge
of the alleged account(s) and all that has ever transpired for the alleged account(s), under oath and under
the penalty of perjury.
Your failure to provide me with verifiable proof required for your company to post the accounts
listed below is evidence that it does not exist and therefore is proof that you can not properly “Verify” the
accuracy of any of the disputed accounts. Please be advised that under Section 611 (5)(A) of the FCRA –
you are required to “…promptly DELETE all information which cannot be verified.”
Due to your continued willful disregard of the law I intend to pursue litigation in accordance with
the FCRA to seek relief and recover all monetary damages that I may be entitled to under Section 616 and
Section 617 if the UNVERIFIED items listed below are not deleted within10 days.
A copy of this letter as well as copies of the three previously written letters sent to you by certified
mail with proof of delivery will also become part of a formal complaint to the Consumer Financial
Protection Bureau. They will also be submitted as evidence in pending litigation provided you fail to
comply with this offer of settlement.
The law is very clear as to the Civil liability and the remedy available to me (Section 616 & 617) if
you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this
matter to enforce my rights under the FCRA.
In order to avoid legal action I demand that you delete all of the unverified accounts listed
below immediately. Please provide me with a copy of an updated and corrected credit report showing
that these items have been deleted.
42 | P a g e
609-DISPUTE LETTERS
Name of Account:
TransUnion
Account Number:
Provide Physical Proof of Verification
1. Chase Bank
#533376304023 …
Unverified Account
(Hand Write this information with blue ink pen)
Note: If they have already removed some of the items that you listed on your first
& second letter than remove them from your list on this letter.
Thank you,
Your Signature Here
Your Name Here
Attached: Copy of my Social Security Card & Drivers License is attached
Sent: USPS Certified Mail
COPY of SSN CARD
COPY OF ID CARD
(Driver’s License, Passport or
State ID Card)
43 | P a g e
609-DISPUTE LETTERS
No Response Letter
Your Full Name (Make sure it matches the name on your credit report)
Address
City, State Zip
SSN: 000-00-0000 | DOB: 7/1/1960
August 1, 2013
Name of Credit Bureau
Address
City, State, Zip
This letter is to inform you that you have failed to respond to my credit dispute letter that I sent
to you certified mail on (date letter#1 was sent). As a consumer, I have rights under the FCRA and Federal
Law mandates that you must respond to my dispute letter within 30 days of receipt of my dispute letter.
I am attaching a copy of the dispute letter that I sent you via certified mail asking you to verify the
accuracy or remove the unverified accounts listed below. According to the USPS you received my dispute
letter on (date Credit Bureau received letter#1).
You failed to respond to my dispute letter and you failed to verify that these accounts belong to
me before the end of the 30-day period beginning on the date that you received my dispute letter. Under
15 U.S.C. § 1681i, of the FCRA all unverified accounts must be promptly deleted from my credit file. The
files listed below are inaccurate and unverified and I am requesting that you delete all of them from my
credit report immediately.
You are also required to send me a copy of my credit file showing that these items have been
removed. . Please provide me with a copy of an updated and corrected credit report showing these items
removed.
I demand the following accounts be removed immediately.
Name of Account:
Account Number:
Provide Physical Proof of Verification
1. Chase Bank
#533376304023 …
Unverified Account
(Hand Write this information with blue ink pen)
Make sure that you don’t have more than 22 accounts listed
Thank You,
Sign your name here
(Your Name Here)
Attached:
Copy of my Dispute Letter and proof of delivery is attached
Copy of my Social Security Card & Drivers License is attached
44 | P a g e
609-DISPUTE LETTERS
No Response Letter
Sent: USPS Certified Mail
cc. Consumer Financial Protection Bureau (CFPB), PO Box 4503, Iowa City, IA 52244
COPY of SSN CARD
COPY OF ID CARD
(Driver’s License, Passport or
State ID Card)
45 | P a g e
609-DISPUTE LETTERS
Response to Frivolous Accusation
August 18, 2013
Your Name
Address
City, State, Zip
SSN: xxx-xx-xxxx | DOB: xx/xx/xxxx
Name of Credit Bureau
Address
City, State, zip
Please be advised that this is my 2nd / THIRD WRITTEN REQUEST and FINAL WARNING that I fully
intend to pursue litigation in accordance with the FCRA to enforce my rights and seek relief and recover
all monetary damages that I may be entitled to under Section 616 and Section 617 regarding your
continued willful and negligent noncompliance.
Despite my previous written requests for you to provide me with the name of the person in your
company who verified that these accounts are accurate and belong on my file, what documentation did
they use to verify that these accounts are accurate and belong on my file you ignored my rights and instead
told me that you are labeling my dispute as “Frivolous”. Your actions clearly demonstrate your willful
violation of the FCRA and I believe the Courts will agree when I present them with copies of my letters
and your responses to them.
Black’s Law Dictionary, 9th Edition, 2009, defines “Verify” as, 1) "To prove to be true; to confirm
or establish the truth or truthfulness of; to authenticate." 2) “to confirm or substantiate by oath or
affidavit; to swear to the truth of." and “Verification” as, “Confirmation of correctness, truth or
authenticity, by affidavit, oath, or deposition. Affidavit of truth of a matter stated and object of
verification is to assure good faith in averments or statements of a party.”
You say that your company has reinvestigated these accounts and verified them as being accurate
but it is obvious that you have verified nothing. All you have done is parroted information given to you
by other sources and shifted the burden back to me to prove that the reported items on the accounts
listed below are not valid which is clearly in violation of § 1681(a)(4).
It is obvious that you don’t have any proof on file to verify that these accounts belong on my file.
When we go to litigation you will be required to produce the documents you used to verify these items
through the discovery process and since you don’t have any documents in your files verifying that these
items are valid then that will be proof that you did not properly verify the accounts and they will have to
be deleted and I’ll be entitled to damages.
Please be advised that under Section 611 (5)(A) of the FCRA – you are required to “…promptly
DELETE all information which cannot be verfied.” The law is very clear as to the Civil liability and the
remedy available to me (Section 616 & 617) if you fail to comply with Federal Law. I am a litigious
consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA.
I demand that you send me copies of the documents you used to verify the following accounts listed
below or you delete them immediately. Please provide me with a copy of an updated and corrected
credit report showing that these items have been deleted.
Name of Account:
Account Number:
Provide Physical Proof of Verification
1. Healtcare Funding #12000004 xxxx Failed to send Proof of verification
2. CapOne
# 51780572 xxxx Failed to send Proof of verification
3. Gecrb/old Navy # 601859623678 xxxx Failed to send Proof of verification
4. Chase Bank # 4559525000000***
Failed to send Proof of verification
46 | P a g e
609-DISPUTE LETTERS
Response to Frivolous Accusation
Thanking you in advance for your anticipated quick co-operation on this matter.
Thank you,Your Signature Here
Your Name
Attached: Copy of my Social Security Card & Drivers License is attached
Sent: USPS Certified Mail
COPY of SSN CARD
COPY OF ID CARD
(Driver’s License, Passport or
State ID Card)
47 | P a g e
609-DISPUTE LETTERS
Verification to Creditors
March 27, 2021
Your first and last name
Your current address
Apt (if necessary)
City, State and Zip
Creditor Name
Creditor Address
City, State and Zip
Original Creditor: *******
Original Acct. #: ******
Balance: ********
This letter is being sent to you in response to a listing on my credit report. Be advised that this is not a
refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g (Sec.
809) that your claim is disputed, and validation is requested.
I must demand proof of this debt, specifically the alleged contract or other instrument bearing my
signature, as well as proof of your authority in this matter. Absent such proof, you must correct any
erroneous reports of this past debt as mine.
I ask you to provide all following information:
1. Please provide evidence of your authorization under 15 USC 1692e and 15 USC 1692f in this
alleged matter.
2. What is your authorization of law for your collection of information?
3. What is your authorization of law for your collection of this alleged debt?
4. Please provide evidence of your authorization to do business in my state.
5. Please provide evidence or proof of the alleged debt, including specifically the alleged contract or
other instrument bearing my signature.
6. Please provide a complete account history, including any charges added for collection activity.
You have 30 days from receipt of this notice to respond. Your failure to respond, on point in writing, hand
signed, and in timely manner, will work as a waiver to any and all of your claims in this matter, and will
entitle me to presume that you placed this on my credit report(s) in error and that this matter is
permanently closed. Provide the proof, or correct the record and remove this invalid debt from all sources
to which you have reported it
For the purpose of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the
alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records,
and any information received from you will be collected as evidence should further action be necessary.
This is a request for information only, and is not a statement, election, or waiver of status.
Kind Regards,
Your signature
48 | P a g e
15 credit cards pre-approval option
15 credit cards that offer a pre-approval op�on:
1. Chase Freedom Unlimited®: This card offers unlimited 1.5% cash back on purchases and has a
pre-approval op�on available on the Chase website.
2. Capital One Quicksilver Cash Rewards Credit Card: This card offers unlimited 1.5% cash back on
purchases and has a pre-approval op�on available on the Capital One website.
3. American Express® Gold Card: This card offers rewards points on purchases and has a pre-approval
op�on available on the American Express website.
4. Discover it® Cash Back: This card offers rota�ng 5% cash back categories and has a pre-approval
op�on available on the Discover website.
5. Ci�® Double Cash Card: This card offers 2% cash back on all purchases and has a pre-approval op�on
available on the Ci� website.
6. Bank of America® Cash Rewards Credit Card: This card offers cash back rewards on purchases and
has a pre-approval op�on available on the Bank of America website.
7. Wells Fargo Cash Wise Visa® Card: This card offers cash back rewards on purchases and has a
pre-approval op�on available on the Wells Fargo website.
8. U.S. Bank Cash+™ Visa Signature® Card: This card offers cash back rewards on purchases and has
a pre-approval op�on available on the U.S. Bank website.
9. Capital One Pla�num Credit Card: This card has no annual fee and a preapproval op�on available
on the Capital One website.
10. Chase Freedom Flex℠: This card offers rota�ng 5% cash back categories and has a pre-approval
op�on available on the Chase website.
11. Capital One Venture Rewards Credit Card: This card offers rewards points on purchases and has
a pre-approval op�on available on the Capital One website.
12. Blue Cash Preferred® Card from American Express: This card offers cash back rewards on
purchases and has a pre-approval op�on available on the American Express website.
13. Discover it® Miles: This card offers rewards points on purchases and has a preapproval op�on available on the Discover website.
14. Chase Sapphire Preferred® Card: This card offers rewards points on purchases and has a pre-approval op�on available on the Chase website.
15. Bank of America® Travel Rewards Credit Card: This card offers rewards points on purchases and
has a pre-approval op�on available on the Bank of America website.
49 | P a g e
Best Secured Credit cards:
Best Secured Credit cards:
1. Discover it Secured: This card offers cashback rewards and has no annual fee. Discover also offers a
free credit score monitoring service.
2. Capital One Secured Mastercard: This card has no annual fee and offers the opportunity to earn a
higher credit limit by making your first five monthly payments on �me.
3. Ci� Secured Mastercard: This card has no annual fee and offers flexibility in se�ng your own credit
limit.
4. OpenSky Secured Visa: This card has no credit check and no annual fee, making it a good op�on for
those with poor credit.
5. Secured Mastercard from Bank of America: This card has no annual fee and offers the opportunity
to upgrade to an unsecured card a�er 12 months of on-�me payments.
6. Green Dot primor® Visa® Gold Secured Credit Card: This card has a low fixed interest rate, no
applica�on or processing fees, and no penalty APR.
7. Secured Mastercard® from Capital One: This card offers the opportunity to earn a higher credit
limit by making your first five monthly payments on �me, and there is no annual fee.
8. First Progress Pla�num Pres�ge Mastercard® Secured Credit Card: This card has a low annual
fee and offers a low APR for purchases and balance transfers.
9. Applied Bank® Secured Visa® Gold Preferred® Credit Card: This card has no credit check and
offers a low APR for purchases and balance transfers.
10. UNITY® Visa Secured Credit Card: This card offers a low APR, no applica�on fee, and reports to all
three major credit bureaus.
11. Wells Fargo Secured Credit Card: This card offers a low annual fee and the opportunity to upgrade
to an unsecured card a�er 12 months of on-�me payments.
12. DCU Visa® Pla�num Secured Credit Card: This card has no annual fee, a low interest rate, and
allows you to earn rewards on purchases.
13. State Farm® Good Neighbor Visa® Secured Card: This card has no annual fee and offers a low
interest rate.
14. BBVA Secured Visa® Business Credit Card: This card is designed for small business owners and
offers a low annual fee and cash back rewards on eligible purchases.
15. Navy Federal Credit Union® nRewards® Secured Credit Card: This card offers rewards points on
eligible purchases, has no annual fee, and allows you to set your own credit limit.
50 | P a g e
Bankruptcy letter
Bankruptcy Le�er
Dear Sir/Madam,
I am wri�ng to request the immediate removal of my bankruptcy from my consumer report. A�er a
thorough review of my report, I have no�ced that my bankruptcy, which was discharged on [date], is s�ll
being reported.
Under the Fair Credit Repor�ng Act, a consumer repor�ng agency must provide accurate informa�on
regarding a consumer's credit history. In accordance with 15 USC 1681e, the informa�on on my report
must be fair, accurate, and current. As my bankruptcy was discharged on [date], it is no longer current and
therefore must be removed.
I am also aware of my rights under the Fair Debt Collec�on Prac�ces Act, specifically 15 USC 1692c,
which prohibits debt collectors from communica�ng with third par�es regarding my debt. As such, any
con�nued repor�ng of my bankruptcy is in viola�on of federal law.
I demand that this error be rec�fied immediately, and that my bankruptcy be removed from my consumer
report. Please provide me with wri�en confirma�on of this removal, along with an updated copy of my
consumer report. Any delay or inac�on on your part will be considered a deliberate a�empt to violate my
consumer rights and will not be tolerated.
I do not expect to receive a verifica�on of the item in ques�on as it is abundantly clear that it is in viola�on
of the law. I demand that you send me an updated copy of my consumer report once the disputed item
has been removed. I trust that you will take this ma�er seriously and resolve it immediately.
Sincerely,
[Your Name]
51 | P a g e
Charge Off Letter
Charge Off Le�er
To Whom It May Concern,
I am wri�ng to express my extreme frustra�on and u�er disgust a�er discovering that the following company(s) have reported charge off(s) on my consumer report:
[List the account name(s) and account number(s)].
According to the IRS, when a debt is charged off by a creditor, it means the creditor has given up on
a�emp�ng to collect the debt and has declared it as a loss for tax purposes.
When a creditor charges off a debt, they're required to file a 1099-C form with the IRS, which reports the
amount of the canceled debt as income. This means that I may owe taxes on the charged-off amount,
even though I didn't receive any money from the creditor.
Let me be clear, the charge off(s) on my consumer report is/are a blatant viola�on of my consumer rights
and will not be tolerated. I demand the immediate removal of these late payment(s) without any further
delay!
I would like to remind you that the consumer law(s) cited below are not sugges�ons, but are in fact, legally binding regula�ons that you are required to follow.
15 USC 1681a 2 -Exclusions (a)(i) is a subsec�on of the Fair Credit Repor�ng Act that clearly states “Any
report containing informa�on solely as to transac�ons and experiences between the consumer and the
person making the report.
15 USC 6802 is a sec�on of the United States Code that outlines the obliga�ons of financial ins�tu�ons
with respect to the disclosure of personal informa�on. 15 USC 6802 outlines the "Opt Out" requirements
for financial ins�tu�ons when disclosing nonpublic personal informa�on to nonaffiliated third par�es.
Financial ins�tu�ons are required to clearly and conspicuously disclose to the consumer, in wri�ng or in
electronic form, that their personal informa�on may be disclosed to third par�es. The consumer must be
given the opportunity to direct that their informa�on not be disclosed and must be provided with an
explana�on of how they can exercise that op�on.
15 usc 1681b(a)(2) is a sec�on of the United States Code that outlines the permissible purposes for which
a consumer repor�ng agency may furnish a consumer report. In general, a consumer repor�ng agency
may furnish a consumer report only under the following circumstances and no other: 1) The consumer
must give wri�en authoriza�on, and I did not and will not give any creditor the right to add nega�ve,
inaccurate and injurious informa�on to my consumer report.
It is clear that the charge off(s) on my consumer report is/are in direct viola�on of the laws cited above.
As such, I am en�tled to receive damages for this willful noncompliance. Let me be unequivocally clear,
according to 15 US Code1681n, I can charge $1000 for damages if you fail to remove this item immediately, as it is causing me significant harm and distress.
52 | P a g e
Charge Off Letter
I demand that you take immediate ac�on and rec�fy this issue promptly. Any delay or inac�on on your
part will be considered a deliberate a�empt to violate my consumer rights and will not be tolerated.
I do not expect to receive a verifica�on of the item in ques�on as it is abundantly clear that it is in viola�on
of the law. I demand that you send me an updated copy of my consumer report once the disputed item
has been removed.
I trust that you will take this ma�er seriously and resolve it immediately.
Sincerely,
[Your Name]
53 | P a g e
Child Support Letter
Child Support Le�er
[Your Name]
[Your Address]
[City, State ZIP Code]
[Date] [Consumer Repor�ng Agency Name]
[Address]
[City, State ZIP Code]
Dear Sir/Madam,
I am wri�ng to request that you remove child support informa�on from my consumer report in accordance with Sec�on 1681b of the Fair Credit Repor�ng Act.
Notwithstanding any other provision of this subchapter, a consumer repor�ng agency shall include in any
consumer report furnished by the agency in accordance with sec�on 1681b of this �tle, any informa�on
on the failure of the consumer to pay overdue support which—
(1) is provided— (A) to the consumer repor�ng agency by a State or local child support enforcement
agency; or (B) to the consumer repor�ng agency and verified by any local, State, or Federal Government
agency; and (2) antedates the report by 7 years or less.
I understand that child support informa�on has been included in my consumer report, and I believe this
informa�on is in viola�on of the Fair Credit Repor�ng Act. I have not failed to pay overdue support, and
this informa�on is inaccurate and misleading. Therefore, I demand that you remove any and all child
support informa�on from my consumer report immediately.
If this informa�on is not removed promptly, I will take necessary legal ac�on to ensure that my rights
under the Fair Credit Repor�ng Act are protected.
Thank you for your a�en�on to this ma�er.
Sincerely,
[Your Name]
54 | P a g e
Credit Repair Late Payment Letter
Credit Repair Late Payment Le�er
To Whom It May Concern,
A�er checking my consumer report, to my surprise the following company(s) is/are repor�ng a charge
off(s)
List the account name(s) and account number(S)
I am demanding the following charge-offs(s) be removed because I believe my consumer rights have been
validated based on the consumer law(s) listed below
15 usc 1681a - Defini�ons; rules of construc�on
Sec�on 2 - Exclusions subsec�on A subsec�on i - reports containing informa�on solely as to transac�ons
or experiences between the consumer and the person making the report.
15 usc 6802 – Obliga�ons with the respect of disclosure of personal informa�on:
(b)OPT OUT
(1)IN GENERAL A financial ins�tu�on may not disclose nonpublic personal informa�on to a nonaffiliated
third party unless—
(A)
such financial ins�tu�on clearly and conspicuously discloses to the consumer, in wri�ng or in electronic
form or other form permi�ed by the regula�ons prescribed under sec�on 6804 of this �tle, that such
informa�on may be disclosed to such third party;
(B)
the consumer is given the opportunity, before the �me that such informa�on is ini�ally disclosed, to
direct that such informa�on not be disclosed to such third party; and
(C)
the consumer is given an explana�on of how the consumer can exercise that nondisclosure op�on.
15 U.S. Code § 1681b - Permissible purposes of consumer reports
(a)IN GENERAL Subject to subsec�on (c), any consumer repor�ng agency may furnish a consumer report
under the following circumstances and no other:
(2) In accordance with the wri�en instruc�ons of the consumer to whom it relates
Clearly, under the law a late payment is considered a Transac�on and not have added to my consumer
report.
55| P a g e
Credit Repair Late Payment Letter
Under 15 usc 1681n, - Civil liability for willful noncompliance
(a)IN GENERAL Any person who willfully fails to comply with any requirement imposed under this
subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of—
(A)
any actual damages sustained by the consumer as a result of the failure or damages of not less than $100
and not more than $1,000; or
(B)
in the case of liability of a natural person for obtaining a consumer report under false pretenses or
knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the
failure or $1,000, whichever is greater;
as a consumer I can charge $1000 for damages if you don't remove this item because it is very injurious
to me.
PLEASE DONT SAY THE ITEM HAS BEEN VERIFIED. Either the law is applicable or not! Send an updated
copy once the item disputed has been removed
56 | P a g e
Eviction letter
Evic�ons Le�er
Dear Sir/Madam,
I am wri�ng to dispute an evic�on record that has been inaccurately reported on my consumer report.
The presence of this record on my credit report is causing significant damage to my creditworthiness and
my ability to secure housing.
There is no legal requirement for courts to report evic�on proceedings to consumer repor�ng agencies.
While evic�ons are a ma�er of public record, they are not considered "credit events" like missed
payments, charge-offs, or bankruptcies, which are typically reported to credit bureaus.
As you may be aware, the Fair Credit Repor�ng Act mandates that consumer repor�ng agencies maintain
accurate and up-to-date records on their consumers. The evic�on record in ques�on is not only
inaccurate, but it is also in viola�on of the law(s) listed below:
15 USC 1681a 2 -Exclusions (a)(i) is a subsec�on of the Fair Credit Repor�ng Act that clearly states “Any
report containing informa�on solely as to transac�ons and experiences between the consumer and the
person making the report.
15 USC 6802 is a sec�on of the United States Code that outlines the obliga�ons of financial ins�tu�ons
with respect to the disclosure of personal informa�on. 15 USC 6802 outlines the "Opt Out" requirements
for financial ins�tu�ons when disclosing nonpublic personal informa�on to nonaffiliated third par�es.
Financial ins�tu�ons are required to clearly and conspicuously disclose to the consumer, in wri�ng or in
electronic form, that their personal informa�on may be disclosed to third par�es. The consumer must be
given the opportunity to direct that their informa�on not be disclosed and must be provided with an
explana�on of how they can exercise that op�on.
15 usc 1681b(a)(2) is a sec�on of the United States Code that outlines the permissible purposes for which
a consumer repor�ng agency may furnish a consumer report. In general, a consumer repor�ng agency
may furnish a consumer report only under the following circumstances and no other: 1) The consumer
must give wri�en authoriza�on, and I did not and will not give any creditor the right to add nega�ve,
inaccurate and injurious informa�on to my consumer report.
I demand that you immediately remove this inaccurate and damaging informa�on from my credit report
and provide me with wri�en confirma�on that this has been done. Failure to do so may result in legal
ac�on, as I am en�tled to protec�on under the law and expect my rights as a consumer to be respected.
Please understand that I will not accept any delays or excuses in resolving this ma�er. I expect prompt
ac�on and will not hesitate to escalate this issue if necessary.
Thank you for your a�en�on to this urgent ma�er.
Sincerely,
[Your Name]
57 | P a g e
Third Party Debt Collections Letter
Third Party Debt Collec�ons Le�er
Dear [Collec�on Company],
I am wri�ng to you today in regards to the debt that you are a�emp�ng to collect from me. I want to
remind you of my rights under the Fair Debt Collec�on Prac�ces Act (FDCPA), specifically 15 USC 1692g
and 1692c.
Let me be clear, the collec�on(s) on my consumer report, listed below, is/are a blatant viola�on of my
consumer rights and will not be tolerated. I demand the immediate removal of this/these collec�on(s)
without any further delay!
>>>>>>>>>>>>>> LIST ALL COLLECTION ACCOUNTS HERE <<<<<<<<<<<<<<
Your company has not provided me with any of the informa�on previously requested
1. The amount of the debt that you claim I owe.
2. The name of the original creditor to whom the debt is owed.
3. A statement that I have the right to dispute the debt within 30 days of receipt of your letter.
4. A statement that if I dispute the debt in writing within 30 days, you will provide verification of the
debt.
5. A statement that if I request it in writing within 30 days, you will provide the name and address of
the original creditor (if different from the current creditor).
6. A statement that you will cease all communication with me if I request it in
writing.
7. A contract or agreement with signatures of all parties involved in the debt transfer
I would like to remind you that the consumer law(s) cited below and above are not sugges�ons, but are
in fact, legally binding regula�ons that you are required to follow.
15 USC 1681a 2 -Exclusions (a)(i) is a subsec�on of the Fair Credit Repor�ng Act that clearly states “Any
report containing informa�on solely as to transac�ons and experiences between the consumer and the
person making the report.
15 USC 6802 is a sec�on of the United States Code that outlines the obliga�ons of financial ins�tu�ons
with respect to the disclosure of personal informa�on. 15 USC 6802 outlines the "Opt Out" requirements
for financial ins�tu�ons when disclosing nonpublic personal informa�on to nonaffiliated third par�es.
Financial ins�tu�ons are required to clearly and conspicuously disclose to the consumer, in wri�ng or in
electronic form, that their personal informa�on may be disclosed to third par�es. The consumer must be
given the opportunity to direct that their informa�on not be disclosed and must be provided with an
explana�on of how they can exercise that op�on.
58 | P a g e
Third Party Debt Collections Letter
15 usc 1681b(a)(2) is a sec�on of the United States Code that outlines the permissible purposes for which
a consumer repor�ng agency may furnish a consumer report. In general, a consumer repor�ng agency
may furnish a consumer report only under the following circumstances and no other: 1) The consumer
must give wri�en authoriza�on, and I did not and will not give any creditor the right to add nega�ve,
inaccurate and injurious informa�on to my consumer report.
It is clear that the collec�on(s) on my consumer report is/are in direct viola�on of the laws cited above.
As such, I am en�tled to receive damages for this willful noncompliance. Let me be unequivocally clear,
according to 15 US Code1681n, I can charge $1000 for damages if you fail to remove this item
immediately, as it is causing me significant harm and distress.
I demand that you take immediate ac�on and rec�fy this issue promptly. Any delay or inac�on on your
part will be considered a deliberate a�empt to violate my consumer rights and will not be tolerated.
Furthermore, I am invoking my right to demand that you cease all communica�on with me, except for
providing the informa�on requested in this le�er. Please do not contact me by phone, mail, or any other
means except to provide the informa�on requested in this le�er. Any further communica�on a�empts
will be considered a viola�on of the FDCPA.
I do not expect to receive a verifica�on of the item in ques�on as it is abundantly clear that it is in viola�on
of the law. I demand that you send me an updated copy of my consumer report once the disputed item
has been removed.
I trust that you will take this ma�er seriously and resolve it immediately.
Sincerely,
[Your Name]
59 | P a g e
Unsecured credit cards
Unsecured credit cards available to individuals with a low credit score:
1. Capital One Pla�num Credit Card: This card has no annual fee and is designed for individuals with
average or limited credit history.
2. Credit One Bank Pla�num Visa: This card is designed for individuals with fair credit and offers cashback rewards on eligible purchases but has an annual fee.
3. Total Visa® Credit Card: This card is designed for individuals with limited or bad credit and has no
processing fee, but has a high annual fee and APR.
4. Surge Mastercard®: This card is designed for individuals with limited or bad credit and has no
processing fee, but has a high annual fee and APR.
5. Milestone® Gold Mastercard®: This card is designed for individuals with limited or bad credit and
has no processing fee, but has a high annual fee and APR.
6. First Access Visa® Credit Card: This card is designed for individuals with limited or bad credit and has
no processing fee, but has a high annual fee and APR.
7. Applied Bank® Unsecured Classic Visa® Card: This card is designed for individuals with limited or
bad credit and has no processing fee, but has a high annual fee and APR.
8. Fingerhut Credit Account: This card is designed for individuals with limited or bad credit and can
only be used to make purchases from Fingerhut but has no annual fee.
9. OpenSky® Secured Visa® Credit Card: This card requires a security deposit but has no credit check
and no annual fee.
10. Horizon Gold Card: This card is not a tradi�onal credit card, but a membership card that can only be
used to make purchases from Horizon Outlet but has no credit check and no annual fee.
11. Petal® 1 "No Annual Fee" Visa® Credit Card: This card is designed for individuals with limited
credit history and has no annual fee but requires a good banking history.
12. Upgrade Card: This card is designed for individuals with limited credit history and offers cashback
rewards but requires a checking account and has no annual fee.
13. Green Dot primor® Visa® Gold Secured Credit Card: This card requires a security deposit, but has
a low fixed interest rate and no processing fee, but has an annual fee.
14. Merrick Bank Double Your Line™ Visa® Credit Card: This card is designed for individuals with
limited or bad credit and offers the opportunity to double your credit line a�er making payments on �me
for the first seven months, but has a high annual fee and APR.
15. Surge Mastercard® Credit Card: This card is designed for individuals with limited or bad credit and
has no processing fee, but has a high annual fee and APR.
60 | P a g e
$ecret Lenders List
$ecret Lenders List
Welcome to the Secret List that the banks would never let you see! Below is a list of lenders and credit
bureaus that they pull from based on what we have seen with our clients and our own experience. Do you
need help increasing your credit? We can assist
Name of Lender / Credit Bureau / Minimum Credit Score Needed (if it’s available
















Amex – Experian
Bank of America - Equifax
Barclaycard Apple Rewards – Experian (720+ $3,500)
BMW Financial Services – Experian
BMW Financial Services – Experian (695+ $50,000 Lease)
Capital One Auto Finance – Experian – Equifax
Capital One Auto Finance – Experian (650+ $30,000 with Proof of Income)
Capital One Bank Credit Cards – Equifax – Transunion
Capital One Venture – Experian – Transunion (650+ $5,000)
Capital One Quick Silver 1 – Experian (600+ $500)
Capital One Venture – Experian (680+ $20,000 with 2 AU’s over $10,000 each)
Car Smart – Transunion
Carmax – Experian – Equifax – Transunion
CBNA Credit Cards – Experian – Equifax
Centric Credit Union Visa – Experian (530+ $500)
Chase Bank – Experian & Equifax
Name of Lender / Credit Bureau / Minimum Credit Score Needed (if it’s available)













Chase – Experian (750+ $10,000)
Chase Amazon Rewards – Experian (750+ $7,000)
Chase Freedom – Experian (750+ $7,000)
Chase Ink Bold – Experian (720+ $15,000)
Chase Sapphire Preferred – Experian (720+ $18,000) Chase
Southwest Plus – Experian (750+ $3,500)
Chase Amazon Rewards – Experian (750+ $7,000) Chase
Freedom – Experian (750+ $7,000)
Chase Ink Bold – Experian (720+ $15,000)
Chase Sapphire Preferred – Experian (720+ $18,000) Chase
Southwest Plus – Experian (750+ $3,500)
Chase United Explorer – Experian (720+ $19,500)
Ci�bank Best Buy - Equifax
61 | P a g e
$ecret Lenders List













Ci� American Airlines Pla�num – Experian (720+ $6,500)
Ci� Double Cash / Ci� Thank You Premier – Experian (720+ $6,800)
Ci�zen’s Bank (loca�on specific) Equifax
Community First Credit Union – Equifax (region specific)
Community – Transunion or Equifax
Credit Union of Texas – Equifax
Credco Auto Reseller – Experian – Transunion
Chrysler Credit – Transunion – Does Not Re Report to D&B Dell Computers Preferred Account –
Experian (690+ $1,500) Delta Skymiles Gold Amex – Experian (660+ $5,000)
Digital Credit Union DCU Personal Loan – Experian (700+ $26,000)
Digital Credit Union DCU Auto Loan – Experian (700+ $25,000 with Proof of Income)
Direct TV - Equifax
Discover Card – Equifax – Transunion
Name of Lender / Credit Bureau / Minimum Credit Score Needed (if it’s available)













Discover It - Experian (620+ $1,500 - $5,500)
Drive Finance Auto Financing - Experian - Transunion Elan Financial - Equifax
Fi�h Third Bank - Transunion
FIA Amex Fidelity American Express - Experian (740+ $9,000)
Fidelity Amex Investment Rewards - Experian (720+ $12,500)
Fidelity Investment Rewards Visa Signature Card - Experian (750+ $7,500) FirstBank Credit (FNBO)
SavingStar Amex - Experian (650+ $1,000) FNBO/NRA - Experian (740+ $8,500)
First Choice Bank - Primer Visa - Experian - Equifax - Transunion First Data Merchant Services Credit Card Merchant Account Processor Greater Texas FCU - Experian (620+ $27,000)
Hertz Corpora�on - Equifax Home
Depot - Experian (650+) HSBC - Transunion
Jared/Sterling - Experian (600+ $1,500)
JCB Marukai Premium California - Experian (750+ $5,000 with Proof of Income) JCrew (Comenity) Experian (600+ $750)









JP Morgan Chase Business - Transunion - Chexsystems JP Morgan Chase Bank - Equifax
Kohls - Experian (560 $300)
Lexus Financial Services - Experian (690+ $90,000 with Lease)
Mercedes Auto - Transunion + Experian + Equifax
Macys - Experian (700+ $1,000)
NASA FCU Pla�num Rewards - Experian
NASA Visa Pla�num Cash Rewards - Experian (735+ $20,000)
Navy Federal Credit Union - Equifax - Transunion
NFCU GoRewards Visa - Experian (660+ $1,000)
62 | P a g e
$ecret Lenders List
Name of Lender / Credit Bureau / Minimum Credit Score Needed (if it’s
 Navy Federal Credit Union – Business – Transunion
 Nordstrom – Experian (620+ $1,000)
 OneMain Financial – Equifax
 Overstock.com Comenity Bank – Experian (640+ $2,200)
 PEX Card – Will Start Experian Business File
 PNC Bank – Experian
 PNC Bank – Experian (750+ $10,000)
 Prosper – Experian (640+ $15,000) RBS –
 Ci�zens Bank – Equifax
 Red Check – Equifax
 Restora�on Hardware – Experian (700+ $2,000) Road Loans – Equifax
 Sam’s Club -Experian (660+ $700)
 SchoolsFirst FCU – Experian (660+ $12,000)
 Sprint Nextel – Equifax
 Sportsmans Guide Comenity Bank – Experian (680+ $2,500)
SunTrust Bank – Transunion
 Stash (Synchrony) - Experian
 TD Signature Visa – Experian (700+ $5,000)
 Tempur-Pedic – Wells Fargo Financial Na�onal Bank – Experian (745+ $5,000)
 TD Bank - Experian
 T-Mobile – Equifax – Transunion
 True Value Comenity Bank – Experian (640 $350)
 USAA - Equifax
 Verizon Wireless – Equifax – Experian Vystar – Equifax (region specific)
 Victoria’s Secret – Experian Wells Fargo Bank – Experian – Chexsysems
 Wells Fargo Credit Cards – Equifax
 Wells Fargo Auto Finance – Experian – Equifax
 Affinity Plus (Join Founda�on)
 Allegacy Federal CU (Join Associa�on applica�on process) Applied Bank
 Barclays
 BBVA Compass Bank
 CFNA
 Discover (Equifax 50% of the �me)
 Eaton Family CU (Ohio Only) Fi�h
 Third Bank
 First Premier Bank
 GECRB (General Electric Capital Retail Bank)
63| P a g e
$ecret Lenders List
 John Deere Financial
 KEMBA Financial CU (Angie’s List Eligible, used to pull Equifax)
 Lake Michigan CU (ALS Assoc Eligible)
Lending Club
 Mazuma CU (Join Harry S Truman Library & Museum
 Mercedes Benz Credit Corp
 Merrick Bank
 Michigan First CUPNC (TU 50% of the �me)
 Regions Bank (region specific)
 RBFCU
 Smart Financial CU ($60 to join Houston Museum)
Synchrony Bank (See store card lis�ng below held by Synchrony bank). Note synchrony also
pulls from Experian























State Farm
UMB
U.S. Bank VW
BRANDS AND STORE CARDS TRANSUNION BASED:
Amazon Store (SYNCHRONY AND CHASE)
American Eagle (SYNCHRONY)
Ameriprise (Barclays)
Apple (Barclays)
Ashley Furniture (SYNCHRONY)
Banana Republic (SYNCHRONY)
Belk (SYNCHRONY)
Babies R Us (SYNCHRONY)
Barclaycard Arrival
BJ’s (Barclays)
Bridgestone (CFNA)
Care Credit (SYNCHRONY)
Chevron (SYNCHRONY)
Dillard’s (SYNCHRONY) eBay
(GECRB)
Firestone (Ci�bank)
Gap (SYNCHRONY)
Golfsmith (SYNCHRONY)
Guide Dogs (UMB)
64 | P a g e
$ecret Lenders List




















H.H.Gregg (SYNCHRONY)
Hooters (Merrick Bank)
JCPenneys (SYNCHRONY)
Linux (UMB)
L.L.Bean (Barclays)
Old Navy (SYNCHRONY)
PayPal (SYNCHRONY)
Priceline (Barclays)
QVC (SYNCHRONY)
Rooms To Go (SYNCHRONY)
Sallie Mae (Barclays)
Sam’s Club (SYNCHRONY)
Texaco (SYNCHRONY) TJX
(SYNCHRONY)
Toys R Us (SYNCHRONY)
Travelocity (Barclays)
UPromise (Barclays) US Air
(Barclays)
Walmart (SYNCHRONY)
Williams Sonoma (Barclays)
Your geographical loca�on can impact which credit bureau a lender will pull from. This list is a collec�on
of what we have seen with our clients who live in various places across the United States. Banks change
their policies from �me to �me so if you experience that anything has changed, let us know!
65 | P a g e
15 U.S.C. §§ 1692-1692p
THE FAIR DEBT COLLECTION PRACTICES ACT (15 U.S.C. §§ 1692-1692p)
§ 801. Short Title
This subchapter may be cited as the “Fair Debt Collec�on Prac�ces Act.”
§ 802. Congressional findings and declara�on of purpose
(a) Abusive prac�ces There is abundant evidence of the use of abusive, decep�ve, and unfair debt
collec�on prac�ces by many debt collectors. Abusive debt collec�on prac�ces contribute to the number
of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.
(b) Inadequacy of laws Exis�ng laws and procedures for redressing these injuries are inadequate to
protect consumers.
(c) Available non-abusive collec�on methods Means other than misrepresenta�on or other abusive
debt collec�on prac�ces are available for the effec�ve collec�on of debts.
(d) Interstate commerce Abusive debt collec�on prac�ces are carried on to a substan�al extent in
interstate commerce and through means and instrumentali�es of such commerce. Even where abusive
debt collec�on prac�ces are purely intrastate in character, they nevertheless directly affect interstate
commerce.
(e) Purposes It is the purpose of this subchapter to eliminate abusive debt collec�on prac�ces by
debt collectors, to insure that those debt collectors who refrain from using abusive debt collec�on
prac�ces are not compe��vely disadvantaged, and to promote consistent State ac�on to protect
consumers against debt collec�on abuses.
§ 803. Defini�ons
As used in this subchapter
(1) The term “Bureau” means the Bureau of Consumer Financial Protec�on.
(2) The term “communica�on” means the conveying of informa�on regarding a debt directly or
indirectly to any person through any medium.
(3) The term “consumer” means any natural person obligated or allegedly obligated to pay any debt.
(4) The term “creditor” means any person who offers or extends credit crea�ng a debt or to whom a
debt is owed, but such term does not include any person to the extent that he receives an assignment
or transfer of a debt in default solely for the purpose of facilita�ng collec�on of such debt for another.
(5) The term “debt” means any obliga�on or alleged obliga�on of a consumer to pay money arising
out of a transac�on in which the money, property, insurance or services which are the subject of the
transac�on are primarily for personal, family, or household purposes, whether or not such obliga�on
has been reduced to judgment.
66 | P a g e
15 U.S.C. §§ 1692-1692p
(6) The term “debt collector” means any person who uses any instrumentality of interstate commerce
or the mails in any business the principal purpose of which is the collec�on of any debts, or who
regularly collects or a�empts to collect, directly or indirectly, debts owed or due or asserted to be
owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this
paragraph, the term includes any creditor who, in the process of collec�ng his own debts, uses any
name other than his own which would indicate that a third person is collec�ng or a�emp�ng to
collect such debts. For the purpose of sec�on 1692f(6) of this �tle, such term also includes any person
who uses any instrumentality of interstate commerce or the mails in any business the principal pur
pose of which is the enforcement of security interests. The term does not include
(A) any officer or employee of a creditor while, in the name of the creditor, collec�ng debts for such
creditor;
(B) any person while ac�ng as a debt collector for another person, both of whom are related by common
ownership or affiliated by corporate control, if the person ac�ng as a debt collector does so only for
persons to whom it is so related or affiliated and if the principal business of such person is not the
collec�on of debts;
(C) any officer or employee of the United States or any State to the extent that collec�ng or a�emp�ng to
collect any debt is in the performance of his official du�es;
(D) any person while serving or a�emp�ng to serve legal process on any other person in connec�on with
the judicial enforcement of any debt;
(E) any nonprofit organiza�on which, at the request of consumers, performs bona fide consumer credit
counseling and assists consumers in the liquida�on of their debts by receiving payments from such
consumers and distribu�ng such amounts to creditors; and
(F) any person collec�ng or a�emp�ng to collect any debt owed or due or asserted to be owed or due
another to the extent such ac�vity
(i) is incidental to a bona fide fiduciary obliga�on or a bona fide escrow arrangement;
(ii) concerns a debt which was originated by such person;
(iii) concerns a debt which was not in default at the �me it was obtained by such person; or
(iv) concerns a debt obtained by such person as a secured party in a commercial credit transac�on
involving the creditor.
(7) The term “loca�on informa�on” means a consumer’s place of abode and his telephone number at
such place, or his place of employment.
(8) The term “State” means any State, territory, or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or any poli�cal subdivision of any of the foregoing.
§ 804. Acquisi�on of loca�on informa�on
Any debt collector communica�ng with any person other than the consumer for the purpose of acquiring
loca�on informa�on about the consumer shall
67 | P a g e
15 U.S.C. §§ 1692-1692p
(1) iden�fy himself, state that he is confirming or correc�ng loca�on informa�on concerning the
consumer, and, only if expressly requested, iden�fy his employer;
(2) not state that such consumer owes any debt;
(3) not communicate with any such person more than once unless requested to do so by such person
or unless the debt collector reasonably believes that the earlier response of such person is erroneous
or incomplete and that such person now has correct or complete loca�on informa�on;
(4) not communicate by post card;
(5) not use any language or symbol on any envelope or in the contents of any communica�on effected
by the mails or telegram that indicates that the debt collector is in the debt collec�on business or that
the communica�on relates to the collec�on of a debt; and
(6) a�er the debt collector knows the consumer is represented by an a�orney with regard to the
subject debt and has knowledge of, or can readily ascertain, such a�orney’s name and address, not
communicate with any person other than that a�orney, unless the a�orney fails to respond within a
reasonable period of �me to communica�on from the debt collector.
§ 805. Communica�on in connec�on with debt collec�on
(a) Communica�on with the consumer generally Without the prior consent of the consumer given directly
to the debt collector or the express permission of a court of competent jurisdic�on, a debt collector may
not communicate with a consumer in connec�on with the collec�on of any debt
(1) at any unusual �me or place or a �me or place known or which should be known to be
inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt
collector shall assume that the convenient �me for communica�ng with a consumer is a�er 8 o’clock
antemeridian and before 9 o’clock postmeridian, local �me at the consumer’s loca�on;
(2) if the debt collector knows the consumer is represented by an a�orney with respect to such debt
and has knowledge of, or can readily ascertain, such a�orney’s name and address, unless the a�orney
fails to respond within a reasonable period of �me to a communica�on from the debt collector or
unless the a�orney consents to direct communica�on with the consumer; or
(3) at the consumer’s place of employment if the debt collector knows or has reason to know that the
consumer’s employer prohibits the consumer from receiving such communica�on.
(b) Communica�on with third par�es Except as provided in sec�on 1692b of this �tle, without the prior
consent of the consumer given directly to the debt collector, or the express permission of a court of
competent jurisdic�on, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt
collector may not communicate, in connec�on with the collec�on of any debt, with any person other than
the consumer, his a�orney, a consumer repor�ng agency if otherwise permi�ed by law, the creditor, the
a�orney of the creditor, or the a�orney of the debt collector.
68 | P a g e
15 U.S.C. §§ 1692-1692p
(c) Ceasing communica�on
If a consumer no�fies a debt collector in wri�ng that the consumer refuses to pay a debt or that the
consumer wishes the debt collector to cease further communica�on with the consumer, the debt
collector shall not communicate further with the consumer with respect to such debt, except
(1) to advise the consumer that the debt collector’s further efforts are being terminated;
(2) to no�fy the consumer that the debt collector or creditor may invoke specified remedies which are
ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to no�fy the consumer that the debt collector or creditor intends to invoke a
specified remedy.
If such no�ce from the consumer is made by mail, no�fica�on shall be complete upon receipt. (d)
“Consumer” defined For the purpose of this sec�on, the term “consumer” includes the consumer’s
spouse, parent (if the consumer is a minor), guardian, executor, or administrator.
§ 806. Harassment or abuse
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress,
or abuse any person in connec�on with the collec�on of a debt. Without limi�ng the general applica�on
of the foregoing, the following conduct is a viola�on of this sec�on:
(1) The use or threat of use of violence or other criminal means to harm the physical person,
reputa�on, or property of any person.
(2) The use of obscene or profane language or language the natural consequence of which is to abuse
the hearer or reader.
(3) The publica�on of a list of consumers who allegedly refuse to pay debts, except to a consumer
repor�ng agency or to persons mee�ng the requirements of sec�on 1681a(f) or 1681b(3)1 of this
�tle.
(4) The adver�sement for sale of any debt to coerce payment of the debt.
(5) Causing a telephone to ring or engaging any person in telephone conversa�on repeatedly or
con�nuously with intent to annoy, abuse, or harass any person at the called number. (6)Except as
provided in sec�on 1692b of this �tle, the placement of telephone calls without meaningful disclosure
of the caller’s iden�ty.
§ 807. False or misleading representa�ons
A debt collector may not use any false, decep�ve, or misleading representa�on or means in
connec�on with the collec�on of any debt. Without limi�ng the general applica�on of the foregoing,
the following conduct is a viola�on of this sec�on:
69 | P a g e
15 U.S.C. §§ 1692-1692p
(1) The false representa�on or implica�on that the debt collector is vouched for, bonded by, or
affiliated with the United States or any State, including the use of any badge, uniform, or facsimile
thereof.
(2) The false representa�on of—
(A)the character, amount, or legal status of any debt; or
(B) any services rendered or compensa�on which may be lawfully received by any debt collector for the
collec�on of a debt.
(3) The false representa�on or implica�on that any individual is an a�orney or that any
communica�on is from an a�orney.
(4) The representa�on or implica�on that nonpayment of any debt will result in the arrest or
imprisonment of any person or the seizure, garnishment, a�achment, or sale of any property or
wages of any person unless such ac�on is lawful and the debt collector or creditor intends to take
such ac�on.
1. Section 604(3) has been renumbered as Section 604(a)(3).
(5) The threat to take any ac�on that cannot legally be taken or that is not intended to be taken. (6)
The false representa�on or implica�on that a sale, referral, or other transfer of any interest in a debt
shall cause the consumer to
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any prac�ce prohibited by this subchapter.
(7) The false representa�on or implica�on that the consumer commi�ed any crime or other conduct
in order to disgrace the consumer.
(8) Communica�ng or threatening to communicate to any person credit informa�on which is known
or which should be known to be false, including the failure to communicate that a disputed debt is
disputed.
(9) The use or distribu�on of any wri�en communica�on which simulates or is falsely represented to
be a document authorized, issued, or approved by any court, official, or agency of the United States
or any State, or which creates a false impression as to its source, authoriza�on, or approval.
(10) The use of any false representa�on or decep�ve means to collect or a�empt to collect any debt
or to obtain informa�on concerning a consumer.
(11) The failure to disclose in the ini�al wri�en communica�on with the consumer and, in addi�on, if
the ini�al communica�on with the consumer is oral, in that ini�al oral communica�on, that the debt
collector is a�emp�ng to collect a debt and that any informa�on obtained will be used for that
purpose, and the failure to disclose in subsequent communica�ons that the communica�on is from a
debt collector, except that this paragraph shall not apply to a formal pleading made in connec�on
with a legal ac�on.
70 | P a g e
15 U.S.C. §§ 1692-1692p
(12) The false representa�on or implica�on that accounts have been turned over to innocent
purchasers for value.
(13) The false representa�on or implica�on that documents are legal process.
(14) The use of any business, company, or organiza�on name other than the true name of the debt
collector’s business, company, or organiza�on.
(15) The false representa�on or implica�on that documents are not legal process forms or do not
require ac�on by the consumer.
(16) The false representa�on or implica�on that a debt collector operates or is employed by a
consumer repor�ng agency as defined by sec�on 1681a(f) of this �tle
§ 808. Unfair prac�ces
A debt collector may not use unfair or unconscionable means to collect or a�empt to collect any debt.
Without limi�ng the general applica�on of the foregoing, the following conduct is a viola�on of this
sec�on:
(1) The collec�on of any amount (including any interest, fee, charge, or expense incidental to the
principal obliga�on) unless such amount is expressly authorized by the agreement crea�ng the debt
or permi�ed by law.
(2) The acceptance by a debt collector from any person of a check or other payment instrument
postdated by more than five days unless such person is no�fied in wri�ng of the debt collector’s intent
to deposit such check or instrument not more than ten nor less than three business days prior to such
deposit.
(3) The solicita�on by a debt collector of any postdated check or other postdated payment instrument
for the purpose of threatening or ins�tu�ng criminal prosecu�on.
(4) Deposi�ng or threatening to deposit any postdated check or other postdated payment instrument
prior to the date on such check or instrument.
(5) Causing charges to be made to any person for communica�ons by concealment of the true
propose of the communica�on. Such charges include, but are not limited to, collect telephone calls
and telegram fees.
(6) Taking or threatening to take any nonjudicial ac�on to effect dispossession or disablement of
property if—
(A)there is no present right to possession of the property claimed as collateral through an enforceable
security interest;
(B) there is no present inten�on to take possession of the property; or
(C) the property is exempt by law from such dispossession or disablement.
71 | P a g e
15 U.S.C. §§ 1692-1692p
(7) Communica�ng with a consumer regarding a debt by post card.
(8) Using any language or symbol, other than the debt collector’s address, on any envelope when
communica�ng with a consumer by use of the mails or by telegram, except that a debt collector may
use his business name if such name does not indicate that he is in the debt collec�on business.
§ 809. Valida�on of debts
(a) No�ce of debt; contents Within five days a�er the ini�al communica�on with a consumer in
connec�on with the collec�on of any debt, a debt collector shall, unless the following informa�on is
contained in the ini�al communica�on or the consumer has paid the debt, send the consumer a wri�en
no�ce containing
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days a�er receipt of the no�ce, disputes the
validity of the debt, or any por�on thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer no�fies the debt collector in wri�ng within the thirty-day period
that the debt, or any por�on thereof, is disputed, the debt collector will obtain verifica�on of the debt
or a copy of a judgment against the consumer and a copy of such verifica�on or judgment will be
mailed to the consumer by the debt collector; and (
5) a statement that, upon the consumer’s wri�en request within the thirty-day period, the debt
collector will provide the consumer with the name and address of the original creditor, if different
from the current creditor.
(b) Disputed debts
If the consumer no�fies the debt collector in wri�ng within the thirty-day period described in subsec�on
(a) of this sec�on that the debt, or any por�on thereof, is disputed, or that the consumer requests the
name and address of the original creditor, the debt collector shall cease collec�on of the debt, or any
disputed por�on thereof, un�l the debt collector obtains verifica�on of the debt or a copy of a judgment,
or the name and address of the original creditor, and a copy of such verifica�on or judgment, or name and
address of the original creditor, is mailed to the consumer by the debt collector. Collec�on ac�vi�es and
communica�ons that do not otherwise violate this subchapter may con�nue during the 30-day period
referred to in subsec�on (a) unless the consumer has no�fied the debt collector in wri�ng that the debt,
or any por�on of the debt, is disputed or that the consumer requests the name and address of the original
creditor. Any collec�on ac�vi�es and communica�on during the 30-day period may not overshadow or be
inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and
address of the original creditor.
(c) Admission of liability The failure of a consumer to dispute the validity of a debt under this sec�on may
not be construed by any court as an admission of liability by the consumer.
(d) Legal pleadings A communica�on in the form of a formal pleading in a civil ac�on shall not be treated
as an ini�al communica�on for purposes of subsec�on (a).
72 | P a g e
15 U.S.C. §§ 1692-1692p
(e) No�ce provisions
The sending or delivery of any form or no�ce which does not relate to the collec�on of a debt and is
expressly required by �tle 26, �tle V of Gramm-Leach-Bliley Act [15 U.S.C. 6801 et seq.], or any provision
of Federal or State law rela�ng to no�ce of data security breach or privacy, or any regula�on prescribed
under any such provision of law, shall not be treated as an ini�al communica�on in connec�on with debt
collec�on for purposes of this sec�on.
§ 810. Mul�ple debts
If any consumer owes mul�ple debts and makes any single payment to any debt collector with respect to
such debts, such debt collector may not apply such payment to any debt which is disputed by the
consumer and, where applicable, shall apply such payment in accordance with the consumer’s direc�ons.
§ 811. Legal ac�ons by debt collectors
(a) Venue
Any debt collector who brings any legal ac�on on a debt against any consumer shall
(1) in the case of an ac�on to enforce an interest in real property securing the consumer’s obliga�on,
bring such ac�on only in a judicial district or similar legal en�ty in which such real property is located;
or
(2) in the case of an ac�on not described in paragraph (1), bring such ac�on only in the judicial district
or similar legal en�ty
(A)in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the ac�on.
(b) Authoriza�on of ac�ons Nothing in this subchapter shall be construed to authorize the bringing of
legal ac�ons by debt collectors.
§ 812. Furnishing certain decep�ve forms
(a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create
the false belief in a consumer that a person other than the creditor of such consumer is par�cipa�ng in
the collec�on of or in an a�empt to collect a debt such consumer allegedly owes such creditor, when in
fact such person is not so par�cipa�ng.
(b) Any person who violates this sec�on shall be liable to the same extent and in the same manner as a
debt collector is liable under sec�on 1692k of this �tle for failure to comply with a provision of this
subchapter.
§ 813. Civil liability
(a) Amount of damages
73 | P a g e
15 U.S.C. §§ 1692-1692p
Except as otherwise provided by this sec�on, any debt collector who fails to comply with any provision of
this subchapter with respect to any person is liable to such person in an amount equal to the sum of—
(1) any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any ac�on by an individual, such addi�onal damages as the court may allow, but
not exceeding $1,000; or
(B) in the case of a class ac�on,
(i) such amount for each named plain�ff as could be recovered under subparagraph (A), and
(ii) such amount as the court may allow for all other class members, without regard to a minimum
individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt
collector; and
(3) in the case of any successful ac�on to enforce the foregoing liability, the costs of the ac�on,
together with a reasonable a�orney’s fee as determined by the court. On a finding by the court that
an ac�on under this sec�on was brought in bad faith and for the purpose of harassment, the court
may award to the defendant a�orney’s fees reasonable in rela�on to the work expended and costs.
(b) Factors considered by court In determining the amount of liability in any ac�on under subsec�on (a)
of this sec�on, the court shall consider, among other relevant factors
(1) in any individual ac�on under subsec�on (a)(2)(A) of this sec�on, the frequency and persistence of
noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such
noncompliance was inten�onal; or
(2) in any class ac�on under subsec�on (a)(2)(B) of this sec�on, the frequency and persistence of
noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt
collector, the number of persons adversely affected, and the extent to which the debt collector’s
noncompliance was inten�onal.
(c) Intent A debt collector may not be held liable in any ac�on brought under this subchapter if the debt
collector shows by a preponderance of evidence that the viola�on was not inten�onal and resulted from
a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such
error.
(d) Jurisdic�on An ac�on to enforce any liability created by this subchapter may be brought in any
appropriate United States district court without regard to the amount in controversy, or in any other
court of competent jurisdic�on, within one year from the date on which the viola�on occurs.
(e) Advisory opinions of Bureau No provision of this sec�on imposing any liability shall apply to any act
done or omi�ed in good faith in conformity with any advisory opinion of the Bureau, notwith-standing
that a�er such act or omission has occurred, such opinion is amended, rescinded, or determined by
judicial or other authority to be invalid for any reason.
74 | P a g e
15 U.S.C. §§ 1692-1692p
§ 814. Administra�ve enforcement
(a) Federal Trade Commission
The Federal Trade Commission shall be authorized to enforce compliance with this subchapter, except to
the extent that enforcement of the requirements imposed under this subchapter is specifically commi�ed
to another Government agency under any of paragraphs (1) through (5) of subsec�on (b), subject to
sub�tle B of the Consumer Financial Protec�on Act of 2010 [12 U.S.C. 5511 et seq.]. For purpose of the
exercise by the Federal Trade Commission of its func�ons and powers under the Federal Trade
Commission Act (15 U.S.C. 41 et seq.), a viola�on of this subchapter shall be deemed an unfair or
decep�ve act or prac�ce in viola�on of that Act. All of the func�ons and powers of the Federal Trade
Commission under the Federal Trade Commission Act are available to the Federal Trade Commission to
enforce compliance by any person with this subchapter, irrespec�ve of whether that person is engaged in
commerce or meets any other jurisdic�onal tests under the Federal Trade Commission Act, including the
power to enforce the provisions of this subchapter, in the same manner as if the viola�on had been a
viola�on of a Federal Trade Commission trade regula�on rule.
(b) Applicable provisions of law
Subject to sub�tle B of the Consumer Financial Protec�on Act of 2010, compliance with any requirements
imposed under this subchapter shall be enforced under
(1) sec�on 8 of the Federal Deposit Insurance Act [12 U.S.C. 1818], by the appropriate Federal banking
agency, as defined in sec�on 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), with
respect to
(A)na�onal banks, Federal savings associa�ons, and Federal branches and Federal agencies of foreign
banks;
(B) member banks of the Federal Reserve System (other than na�onal banks), branches and agencies of
foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign
banks), commercial lending companies owned or controlled by foreign banks, and organiza�ons
opera�ng under sec�on 25 or 25A of the Federal Reserve Act [12 U.S.C. 601 et seq., 611 et seq.]; and
(C) banks and State savings associa�ons insured by the Federal Deposit Insurance Corpora�on (other than
members of the Federal Reserve System), and insured State branches of foreign banks;
(2) the Federal Credit Union Act [12 U.S.C. 1751 et seq.], by the Administrator of the Na�onal Credit
Union Administra�on with respect to any Federal credit union;
(3) sub�tle IV of �tle 49, by the Secretary of Transporta�on, with respect to all carriers subject to the
jurisdic�on of the Surface Transporta�on Board;
(4) part A of sub�tle VII of �tle 49, by the Secretary of Transporta�on with respect to any air carrier or
any foreign air carrier subject to that part;
(5) the Packers and Stockyards Act, 1921 [7 U.S.C. 181 et seq.] (except as provided in sec�on 406 of
that Act [7 U.S.C. 226, 227]), by the Secretary of Agriculture with respect to any ac�vi�es subject to
that Act; and
75 | P a g e
15 U.S.C. §§ 1692-1692p
(6) sub�tle E of the Consumer Financial Protec�on Act of 2010 [12 U.S.C. 5561 et seq.], by the Bureau,
with respect to any person subject to this subchapter. The terms used in paragraph (1) that are not
defined in this subchapter or otherwise defined in sec�on 3(s) of the Federal Deposit Insurance Act
(12 U.S.C. 1813(s)) shall have the meaning given to them in sec�on 1(b) of the Interna�onal Banking
Act of 1978 (12 U.S.C. 3101).
(c) Agency powers
For the purpose of the exercise by any agency referred to in subsec�on (b) of this sec�on of its powers
under any Act referred to in that subsec�on, a viola�on of any requirement imposed under this
subchapter shall be deemed to be a viola�on of a requirement imposed under that Act. In addi�on to its
powers under any provision of law specifically referred to in subsec�on (b) of this sec�on, each of the
agencies referred to in that subsec�on may exercise, for the purpose of enforcing compliance with any
requirement imposed under this subchapter any other authority conferred on it by law, except as
provided in subsec�on (d) of this sec�on.
(d) Rules and regula�ons
Except as provided in sec�on 1029(a) of the Consumer Financial Protec�on Act of 2010 [12 U.S.C.
5519(a)], the Bureau may prescribe rules with respect to the collec�on of debts by debt collectors, as
defined in this subchapter.
§815. Reports to Congress by the Bureau; views of other Federal agencies
(a) Not later than one year a�er the effec�ve date of this subchapter and at one-year intervals therea�er,
the Bureau shall make reports to the Congress concerning the administra�on of its func�ons under this
subchapter, including such recommenda�ons as the Bureau deems necessary or appropriate. In addi�on,
each report of the Bureau shall include its assessment of the extent to which compliance with this
subchapter is being achieved and a summary of the enforcement ac�ons taken by the Bureau under
sec�on 1692l of this �tle.
(b) In the exercise of its func�ons under this subchapter, the Bureau may obtain upon request the views
of any other Federal agency which exercises enforcement func�ons under sec�on 1692l of this �tle.
§ 816. Rela�on to State laws
This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this
subchapter from complying with the laws of any State with respect to debt collec�on prac�ces, except to
the extent that those laws are inconsistent with any provision of this subchapter, and then only to the
extent of the inconsistency. For purposes of this sec�on, a State law is not inconsistent with this
subchapter if the protec�on such law affords any consumer is greater than the protec�on provided by
this subchapter.
76 | P a g e
15 U.S.C. §§ 1692-1692p
§ 817. Exemption for State regulation
The Bureau shall by regulation exempt from the requirements of this subchapter any class of debt
collection practiceswithin any State if the Bureau determines that under the law
of that State that class of debt collection practices is subject to requirements substantially similar to
those imposed by this subchapter, and that there is adequate provision for enforcement.
§ 818. Excep�on for certain bad check enforcement programs operated by
private en��es
(a) In general
(1) Treatment of certain private en��es Subject to paragraph
(2), a private en�ty shall be excluded from the defini�on of a debt collector, pursuant to the excep�on
provided in sec�on 1692a(6) of this �tle, with respect to the opera�on by the en�ty of a program
described in paragraph (2)(A) under a contract described in paragraph (2)(B). (2) Condi�ons of
applicability Paragraph (1) shall apply if
(A) a State or district a�orney establishes, within the jurisdic�on of such State or district a�orney and
with respect to alleged bad check viola�ons that do not involve a check described in subsec�on (b), a
pretrial diversion program for alleged bad check offenders who agree to par�cipate voluntarily in such
program to avoid criminal prosecu�on;
(B) a private en�ty, that is subject to an administra�ve support services contract with a State or district
a�orney and operates under the direc�on, supervision, and control of such State or district a�orney,
operates the pretrial diversion program described in subparagraph (A); and
(C) in the course of performing du�es delegated to it by a State or district a�orney under the contract, the
private en�ty referred to in subparagraph (B)
(i) complies with the penal laws of the State;
(ii) conforms with the terms of the contract and direc�ves of the State or district a�orney;
(iii) does not exercise independent prosecutorial discre�on;
(iv) contacts any alleged offender referred to in subparagraph (A) for purposes of par�cipa�ng in a
program referred to in such paragraph
(I) only as a result of any determination by the State or district attorney that probable cause of a bad check
violation under State penal law exists, and that contact with the alleged offender for purposes of participation
in the program is appropriate; and
(II) the alleged offender has failed to pay the bad check after demand for payment, pursuant to State law, is
made for payment of the check amount;
77 | P a g e
15 U.S.C. §§ 1692-1692p
(v) includes as part of an ini�al wri�en communica�on with an alleged offender a clear and
conspicuous statement that
(I) the alleged offender may dispute the validity of any alleged bad check violation;
(II) where the alleged offender knows, or has reasonable cause to believe, that the al-leged bad check violation
is the result of theft or forgery of the check, identity theft, or other fraud that is not the result of the conduct of
the alleged offender, the alleged offender may file a crime report with the appropriate law enforcement agency;
and
(III)if the alleged offender notifies the private entity or the district attorney in writing, not later than 30 days after
being contacted for the first time pursuant to clause (iv), that there is a dispute pursuant to this subsection,
before further restitution efforts are pursued, the district attorney or an employee of the district attorney
authorized to make such a determination makes a determination that there is probable cause to believe that a
crime has been committed; and
(vi) charges only fees in connec�on with services under the contract that have been authorized by the
contract with the State or district a�orney.
(b) Certain checks excluded A check is described in this subsec�on if the check involves, or is subsequently
found to involve
(1) a postdated check presented in connec�on with a payday loan, or other similar transac�on, where
the payee of the check knew that the issuer had insufficient funds at the �me the check was made,
drawn, or delivered;
(2) a stop payment order where the issuer acted in good faith and with reasonable cause in stopping
payment on the check;
(3) a check dishonored because of an adjustment to the issuer’s account by the financial ins�tu�on
holding such account without providing no�ce to the person at the �me the check was made, drawn,
or delivered;
(4) a check for par�al payment of a debt where the payee had previously accepted par�al payment for
such debt;
(5) a check issued by a person who was not competent, or was not of legal age, to enter into a legal
contractual obliga�on at the �me the check was made, drawn, or delivered; or
(6) a check issued to pay an obliga�on arising from a transac�on that was illegal in the jurisdic�on of
the State or district a�orney at the �me the check was made, drawn, or delivered.
(c) Defini�ons For purposes of this sec�on, the following defini�ons shall apply:
(1) State or district a�orney
The term “State or district a�orney” means the chief elected or appointed prosecu�ng a�orney in a
district, county (as defined in sec�on 2 of �tle 1), municipality, or comparable jurisdic�on, including
State a�orneys general who act as chief elected or appointed prosecu�ng a�orneys in a district,
county (as so defined), municipality or comparable jurisdic�on,
78 | P a g e
15 U.S.C. §§ 1692-1692p
who may be referred to by a variety of �tles such as district a�orneys, prosecu�ng a�orneys,
commonwealth’s a�orneys, solicitors, county a�orneys, and state’s a�orneys, and who are
responsible for the prosecu�on of State crimes and viola�ons of jurisdic�on-specific local ordinances.
(2) Check The term “check” has the same meaning as in sec�on 5002(6) of �tle 12.
(3) Bad check viola�on The term “bad check viola�on” means a viola�on of the applicable State
criminal law rela�ng to the wri�ng of dishonored checks.
§ 819. Effec�ve date
This �tle takes effect upon the expira�on of six months a�er the date of its enactment, but sec�on 809
shall apply only with respect to debts for which the ini�al a�empt to collect occurs a�er such effec�ve
date.
Legisla�ve History
House Report: No. 95-131 (Comm. on Banking, Finance, and Urban Affairs)
Senate Report: No. 95-382 (Comm. on Banking, Housing and Urban Affairs)
Congressional Record, Vol. 123 (1977)
April 4, House considered and passed H.R. 5294.
Aug. 5, Senate considered and passed amended version of H.R. 5294.
Sept. 8, House considered and passed Senate version.
Enactment: Public Law 95-109 (September 20, 1977)
Amendments: Public Law Nos.
99-361 (July 9, 1986)
101-73 (August 9, 1989)
102-242 (December 19, 1991)
102-550 (October 28, 1992)
104-88 (December 29, 1995)
104-208 (September 30, 1996)
109-351 (October 13, 2006)
111-203 (July 21, 2010)
79| P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
Fair Credit Repor�ng Act (15 U.S.C § 1681)
§ 601. Short �tle
This �tle may be cited as the “Fair Credit Repor�ng Act.”
§ 602. Congressional findings and statement of purpose [15 U.S.C. § 1681]
(a) Accuracy and fairness of credit repor�ng. The Congress makes the following findings:
1. The banking system is dependent upon fair and accurate credit repor�ng. Inaccurate credit
reports directly impair the efficiency of the banking system, and unfair credit repor�ng methods
undermine the public confidence which is essen�al to the con�nued func�oning of the banking
system.
2. An elaborate mechanism has been developed for inves�ga�ng and evalua�ng the credit
worthiness, credit standing, credit capacity, character, and general reputa�on of consumers.
3. Consumer repor�ng agencies have assumed a vital role in assembling and evalua�ng consumer
credit and other informa�on on consumers.
4. There is a need to insure that consumer repor�ng agencies exercise their grave responsibili�es
with fairness, impar�ality, and a respect for the consumer’s right to privacy.
(b) Reasonable procedures. It is the purpose of this �tle to require that consumer repor�ng agencies
adopt reasonable procedures for mee�ng the needs of commerce for consumer credit, personnel,
insurance, and other informa�on in a manner which is fair and equitable to the consumer, with regard to
the confiden�ality, accuracy, relevancy, and proper u�liza�on of such informa�on in accordance with the
requirements of this �tle.
§ 603. Defini�ons; rules of construc�on [15 U.S.C. § 1681a]
(a) Defini�ons and rules of construc�on set forth in this sec�on are applicable for the purposes of this
�tle.
(b) The term “person” means any individual, partnership, corpora�on, trust, estate, coopera�ve,
associa�on, government or governmental subdivision or agency, or other en�ty.
(c) The term “consumer” means an individual. (d) Consumer Report
1. In general. The term “consumer report” means any wri�en, oral, or other communica�on of any
informa�on by a consumer repor�ng agency bearing on a consumer’s credit worthiness, credit
standing, credit capacity, character, general reputa�on, personal characteris�cs, or mode of living
which is used or expected to be used or collected in whole or in part for the purpose of serving as a
factor in establishing the consumer’s eligibility for
80 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(A) credit or insurance to be used primarily for personal, family, or household purposes;
(B) employment purposes; or
(C) any other purpose authorized under sec�on 604 [§ 1681b].
2. Exclusions. Except as provided in paragraph (3), the term “consumer report” does not include
(A) subject to sec�on 624, any
(i) report containing informa�on solely as to transac�ons or experiences between the consumer and
the person making the report; (ii) communica�on of that informa�on among persons related by
common ownership or affiliated by corporate control; or
(iii) communica�on of other informa�on among persons related by common ownership or affiliated
by corporate control, if it is clearly and conspicuously disclosed to the consumer that the informa�on
may be communicated among such persons and the consumer is given the opportunity, before the
�me that the informa�on is ini�ally communicated, to direct that such informa�on not be
communicated among such persons;
(B) any authoriza�on or approval of a specific extension of credit directly or indirectly by the issuer of a
credit card or similar device;
(C) any report in which a person who has been requested by a third party to make a specific extension of
credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the
third party advises the consumer of the name and address of the person to whom the request was made,
and such person makes the disclosures to the consumer required under sec�on 615 [§ 1681m]; or
(D) a communica�on described in subsec�on (o) or (x).1
3. Restric�on on sharing of medical informa�on. Except for informa�on or any communica�on of
informa�on disclosed as provided in sec�on 604(g)(3), the exclusions in paragraph (2) shall not apply
with respect to informa�on disclosed to any person related by common ownership or affiliated by
corporate control, if the informa�on is –
(A) medical informa�on;
(B) an individualized list or descrip�on based on the payment transac�ons of the consumer for medical
products or services; or
(C) an aggregate list of iden�fied consumers based on payment transac�ons for medical products or
services.
81 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(e) The term “inves�ga�ve consumer report” means a consumer report or por�on thereof in which
informa�on on a consumer’s character, general reputa�on, personal characteris�cs, or mode of living is
obtained through personal interviews with neighbors, friends, or associates of the consumer reported on
or with others with whom he is acquainted or who may have knowledge concerning any such items of
informa�on. However, such informa�on shall not include specific factual informa�on on a consumer’s
credit record obtained directly from a creditor of the consumer or from a consumer repor�ng agency
when such informa�on was obtained directly from a creditor of the consumer or from the consumer.
(f) The term “consumer repor�ng agency” means any person which, for monetary fees, dues, or on a
coopera�ve nonprofit basis, regularly engages in whole or in part in the prac�ce of assembling or
evalua�ng consumer credit informa�on or other informa�on on consumers for the purpose of furnishing
consumer reports to third par�es, and which uses any means or facility of interstate commerce for the
purpose of preparing or furnishing consumer reports.
(g) The term “file,” when used in connec�on with informa�on on any consumer, means all of the
informa�on on that consumer recorded and retained by a consumer repor�ng agency regardless of how
the informa�on is stored.
(h) The term “employment purposes” when used in connec�on with a consumer report means a report
used for the purpose of evalua�ng a consumer for employment, promo�on, reassignment or reten�on as
an employee.
(i) The term “medical informa�on” –
1. means informa�on or data, whether oral or recorded, in any form or medium, created by or
derived from a health care provider or the consumer, that relates to –
(A) the past, present, or future physical, mental, or behavioral health or condi�on of an individual;
(B) the provision of health care to an individual; or
(C) the payment for the provision of health care to an individual.
2. does not include the age or gender of a consumer, demographic informa�on about the consumer,
including a consumer’s residence address or e-mail address, or any other informa�on about a
consumer that does not relate to the physical, mental, or behavioral health or condi�on of a
consumer, including the existence or value of any insurance policy.
(j) Defini�ons Rela�ng to Child Support Obliga�ons
1. The “overdue support” has the meaning given to such term in sec�on 666(e) of �tle 42 [Social
Security Act, 42 U.S.C. § 666(e)].
2. The term “State or local child support enforcement agency” means a State or local agency which
administers a State or local program for establishing and enforcing child support obliga�ons.
82 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(k) Adverse Ac�on
1. Ac�ons included. The term “adverse ac�on” –
(A) has the same meaning as in sec�on 701(d)(6) of the Equal Credit Opportunity Act; and
(B) means
(i) a denial or cancella�on of, an increase in any charge for, or a reduc�on or other adverse or
unfavorable change in the terms of coverage or amount of, any insurance, exis�ng or applied for, in
connec�on with the underwri�ng of insurance;
(ii) a denial of employment or any other decision for employment purposes that adversely affects any
current or prospec�ve employee;
(iii) a denial or cancella�on of, an increase in any charge for, or any other adverse or unfavorable
change in the terms of, any license or benefit described in sec�on 604(a)(3)(D) [§ 1681b]; and
(iv) an ac�on taken or determina�on that is
(I) made in connec�on with an applica�on that was made by, or a transac�on that was ini�ated by,
any consumer, or in connec�on with a review of an account under sec�on 604(a)(3)(F)(ii)[§ 1681b];
and
(II) adverse to the interests of the consumer
2. Applicable findings, decisions, commentary, and orders. For purposes of any determina�on of
whether an ac�on is an adverse ac�on under paragraph (1)(A), all appropriate final findings,
decisions, commentary, and orders issued under sec�on 701(d)(6) of the Equal Credit Opportunity
Act by the Bureau or any court shall apply.
(l) The term “firm offer of credit or insurance” means any offer of credit or insurance to a consumer that
will be honored if the consumer is determined, based on informa�on in a consumer report on the
consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer
may be further condi�oned on one or more of the following:
1. The consumer being determined, based on informa�on in the consumer’s applica�on for the
credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as
applicable, that are established
(A) before selec�on of the consumer for the offer; and
(B) for the purpose of determining whether to extend credit or insurance pursuant to the offer.
2. Verifica�on
(A) that the consumer con�nues to meet the specific criteria used to select the consumer for the offer, by
using informa�on in a consumer report on the consumer, informa�on in the consumer’s applica�on for
the credit or insurance, or other informa�on bearing on the credit worthiness or insurability of the
consumer; or
83 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(B) of the informa�on in the consumer’s applica�on for the credit or insurance, to determine that the
consumer meets the specific criteria bearing on credit worthiness or insurability.
3. The consumer furnishing any collateral that is a requirement for the extension of the credit or
insurance that was
(A) established before selec�on of the consumer for the offer of credit or insurance; and
(B) disclosed to the consumer in the offer of credit or insurance.
(m) The term “credit or insurance transac�on that is not ini�ated by the consumer” does not include the
use of a consumer report by a person with which the consumer has an account or insurance policy, for
purposes of
1. reviewing the account or insurance policy; or
1. collec�ng the account.
(n) The term “State” means any State, the Commonwealth of Puerto Rico, the District of Columbia, and
any territory or possession of the United States.
Excluded communica�ons. A communica�on is described in this subsec�on if it is a communica�on
1. that, but for subsec�on (d)(2)(D), would be an inves�ga�ve consumer report;
2. that is made to a prospec�ve employer for the purpose of
(A) procuring an employee for the employer; or
(B) procuring an opportunity for a natural person to work for the employer;
3. that is made by a person who regularly performs such procurement;
4. that is not used by any person for any purpose other than a purpose described in subparagraph
(A) or (B) of paragraph (2); and
5. with respect to which
(A) the consumer who is the subject of the communica�on
(i) consents orally or in wri�ng to the nature and scope of the communica�on, before the collec�on
of any informa�on for the purpose of making the communica�on;
(ii) consents orally or in wri�ng to the making of the communica�on to a prospec�ve employer,
before the making of the communica�on; and
(iii) in the case of consent under clause (i) or (ii) given orally, is provided wri�en confirma�on of that
consent by the person making the communica�on, not later than 3 business days a�er the receipt of
the consent by that person;
84 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(B) the person who makes the communica�on does not, for the purpose of making the communica�on,
make any inquiry that if made by a prospec�ve employer of the consumer who is the subject of the
communica�on would violate any applicable Federal or State equal employment opportunity law or
regula�on; and
(C) the person who makes the communica�on
(i) discloses in wri�ng to the consumer who is the subject of the communica�on, not later than 5
business days a�er receiving any request from the consumer for such disclosure, the nature and
substance of all informa�on in the consumer’s file at the �me of the request, except that the sources
of any informa�on that is acquired solely for use in making the communica�on and is actually used for
no other purpose, need not be disclosed other than under appropriate discovery procedures in any
court of competent jurisdic�on in which an ac�on is brought; and
(ii) no�fies the consumer who is the subject of the communica�on, in wri�ng, of the consumer’s right
to request the informa�on described in clause (i).
(p) The term “consumer repor�ng agency that compiles and maintains files on consumers on a
na�onwide basis” means a consumer repor�ng agency that regularly engages in the prac�ce of
assembling or evalua�ng, and maintaining, for the purpose of furnishing consumer reports to third
par�es bearing on a consumer’s credit worthiness, credit standing, or credit capacity, each of the
following regarding consumers residing na�onwide:
1. Public record informa�on.
2. Credit account informa�on from persons who furnish that informa�on regularly and in the
ordinary course of business
(q) Defini�ons rela�ng to fraud alerts.
1. The term “ac�ve duty military consumer” means a consumer in military service who
(A) is on ac�ve duty (as defined in sec�on 101(d)(1) of �tle 10, United States Code) or is a reservist
performing duty under a call or order to ac�ve duty under a provision of law referred to in sec�on
101(a)(13) of �tle 10, United States Code; and
(B) is assigned to service away from the usual duty sta�on of the consumer.
2. The terms “fraud alert” and “ac�ve duty alert” mean a statement in the file of a consumer that
(A) no�fies all prospec�ve users of a consumer report rela�ng to the consumer that the consumer may be
a vic�m of fraud, including iden�ty the�, or is an ac�ve duty military consumer, as applicable; and
(B) is presented in a manner that facilitates a clear and conspicuous view of the statement described in
subparagraph (A) by any person reques�ng such consumer report.
85 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
3. The term “iden�ty the�” means a fraud commi�ed using the iden�fying informa�on of another
person, subject to such further defini�on as the Bureau may prescribe, by regula�on.
See also 16 CFR Part 603.2 69 Fed. Reg. 63922 (11/03/04)
4. The term “iden�ty the� report” has the meaning given that term by rule of the Bureau, and
means, at a minimum, a report –
See also 16 CFR Part 603.3 69 Fed. Reg. 63922 (11/03/04)
(A) that alleges an iden�ty the�;
(B) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local
law enforcement agency, including the United States Postal Inspec�on Service, or such other government
agency deemed appropriate by the Bureau; and
(C) the filing of which subjects the person filing the report to criminal penal�es rela�ng to the filing of
false informa�on if, in fact, the informa�on in the report is false.
5. The term “new credit plan” means a new account under an open end credit plan (as defined in
sec�on 103(i) of the Truth in Lending Act) or a new credit transac�on not under an open end credit
plan.
(r) Credit and Debit Related Terms
1. The term “card issuer” means –
(A) a credit card issuer, in the case of a credit card; and
(B) a debit card issuer, in the case of a debit card.
2. The term “credit card” has the same meaning as in sec�on 103 of the Truth in Lending Act.
3. The term “debit card” means any card issued by a financial ins�tu�on to a consumer for use in
ini�a�ng an electronic fund transfer from the account of the consumer at such financial ins�tu�on,
for the purpose of transferring money between accounts or obtaining money, property, labor, or
services.
4. The terms “account” and “electronic fund transfer” have the same meanings as in sec�on 903 of
the Electronic Fund Transfer Act.
4. The terms “credit” and “creditor” have the same meanings as in sec�on 702 of the Equal Credit
Opportunity Act.
86 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(s) The term “Federal banking agency” has the same meaning as in sec�on 3 of the Federal Deposit
Insurance Act.
(t) The term “financial ins�tu�on” means a State or Na�onal bank, a State or Federal savings and loan
associa�on, a mutual savings bank, a State or Federal credit union, or any other person that, directly or
indirectly, holds a transac�on account (as defined in sec�on 19(b) of the Federal Reserve Act) belonging
to a consumer.
(u) The term “reseller” means a consumer repor�ng agency that –
1. assembles and merges informa�on contained in the database of another consumer repor�ng
agency or mul�ple consumer repor�ng agencies concerning any consumer for purposes of furnishing
such informa�on to any third party, to the extent of such ac�vi�es; and
2. does not maintain a database of the assembled or merged informa�on from which new consumer
reports are produced.
(v) The term “Commission” means the Federal Trade Commission.
(w) The term “Bureau” means the Bureau of Consumer Financial Protec�on.
(x) The term “na�onwide specialty consumer repor�ng agency” means a consumer repor�ng
agency that compiles and maintains files on consumers on a na�onwide basis rela�ng to
(1) medical records or payments;
(2) residen�al or tenant history;
(3) check wri�ng history;
(4) employment history; or
(5) insurance claims.
(y) Exclusion of Certain Communica�ons for Employee Inves�ga�ons
1. A communica�on is described in this subsec�on if
(A) but for subsec�on (d)(2)(D), the communica�on would be a consumer report;
(B) the communica�on is made to an employer in connec�on with an inves�ga�on of
(i) suspected misconduct rela�ng to employment; or
(ii) compliance with Federal, State, or local laws and regula�ons, the rules of a self-regulatory
organiza�on, or any preexis�ng wri�en policies of the employer;
(C) the communica�on is not made for the purpose of inves�ga�ng a consumer’s credit worthiness, credit
standing, or credit capacity; and
(D) the communica�on is not provided to any person except
87 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(i) to the employer or an agent of the employer;
(ii) to any Federal or State officer, agency, or department, or any officer, agency, or department
of a unit of general local government;
(iii) to any self-regulatory organiza�on with regulatory authority over the ac�vi�es of the
employer or employee;
(iv) as otherwise required by law; or
(v) pursuant to sec�on 608.
2.
(Subsequent disclosure. A�er taking any adverse ac�on based in whole or in part on a
communica�on described in paragraph (1), the employer shall disclose to the consumer a summary
containing the nature and substance of the communica�on upon which the adverse ac�on is based,
except that the sources of informa�on acquired solely for use in preparing what would be but for
subsec�on (d)(2)(D) an inves�ga�ve consumer report need not be disclosed.
3.
For purposes of this subsec�on, the term “self-regulatory organiza�on” includes any
self-regulatory organiza�on (as defined in sec�on 3(a) (26) of the Securi�es Exchange Act of 1934),
any en�ty established under �tle I of the Sarbanes-Oxley Act of 2002, any board of trade designated
by the Commodity Futures Trading Commission, and any futures associa�on registered with such
Commission.
(z) Veteran. The term ‘veteran’ has the meaning given the term in sec�on 101 of �tle 38, United States
Code.
(aa) Veteran’s medical debt. The term ‘veteran’s medical debt’
1.
means a medical collec�on debt of a veteran owed to a non-Department of Veterans Affairs
health care provider that was submi�ed to the Department for payment for health care authorized
by the Department of Veterans Affairs; and
2. includes medical collec�on debt that the Department of Veterans Affairs has wrongfully charged
a veteran.
88 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
§ 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b]
(a) In general. Subject to subsec�on (c), any consumer repor�ng agency may furnish a consumer report
under the following circumstances and no other:
(1) In response to the order of a court having jurisdic�on to issue such an order, or a subpoena issued
in connec�on with proceedings before a Federal grand jury.
(2) In accordance with the wri�en instruc�ons of the consumer to whom it relates.
(3) To a person which it has reason to believe
(A) intends to use the informa�on in connec�on with a credit transac�on involving the consumer on
whom the informa�on is to be furnished and involving the extension of credit to, or review or collec�on
of an account of, the consumer; or
(B) intends to use the informa�on for employment purposes; or
(C) intends to use the informa�on in connec�on with the underwri�ng of insurance involving the
consumer; or
(D) intends to use the informa�on in connec�on with a determina�on of the consumer’s eligibility for a
license or other benefit granted by a governmental instrumentality required by law to consider an
applicant’s financial responsibility or status; or
(E) intends to use the informa�on, as a poten�al investor or servicer, or current insurer, in connec�on
with a valua�on of, or an assessment of the credit or prepayment risks associated with, an exis�ng credit
obliga�on; or
(F) otherwise has a legi�mate business need for the informa�on (i) in connec�on with a business
transac�on that is ini�ated by the consumer; or (ii) to review an account to determine whether the
consumer con�nues to meet the terms of the account.2
(G) execu�ve departments and agencies in connec�on with the issuance of government-sponsored
individually-billed travel charge cards. 2
(4) In response to a request by the head of a State or local child support enforcement agency (or a
State or local government official authorized by the head of such an agency), if the person making the
request cer�fies to the consumer repor�ng agency that –
(A) the consumer report is needed for the purpose of establishing an individual’s capacity to make child
support payments, determining the appropriate level of such payments, or enforcing a child support
order, award, agreement, or judgment;
(B) the parentage of the consumer for the child to which the obliga�on relates has been established or
acknowledged by the consumer in accordance with State laws under which the obliga�on arises (if
required by those laws); and
89 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(C) the consumer report will be kept confiden�al, will be used solely for a purpose described in
subparagraph (A), and will not be used in connec�on with any other civil, administra�ve, or criminal
proceeding, or for any other purpose.
(D) Redesignated (C)
(5) To an agency administering a State plan under Sec�on 454 of the Social Security Act (42 U.S.C. §
654) for use to set an ini�al or modified child support award.
(6) To the Federal Deposit Insurance Corpora�on or the Na�onal Credit Union Administra�on as part
of its prepara�on for its appointment or as part of its exercise of powers, as conservator, receiver, or
liquida�ng agent for an insured depository ins�tu�on or insured credit union under the Federal
Deposit Insurance Act or the Federal Credit Union Act, or other applicable Federal or State law, or in
connec�on with the resolu�on or liquida�on of a failed or failing insured depository ins�tu�on or
insured credit union, as applicable.
(b) Condi�ons for Furnishing and Using Consumer Reports for Employment Purposes.
(1) Cer�fica�on from user. A consumer repor�ng agency may furnish a consumer report for
employment purposes only if (A) the person who obtains such report from the agency cer�fies to the
agency that
(i) the person has complied with paragraph (2) with respect to the consumer report, and the person
will comply with paragraph (3) with respect to the consumer report if paragraph (3) becomes
applicable; and
(ii) informa�on from the consumer report will not be used in viola�on of any applicable Federal or
State equal employment opportunity law or regula�on; and
(B) the consumer repor�ng agency provides with the report, or has previously provided, a summary of the
consumer’s rights under this �tle, as prescribed by the Bureau under sec�on 609(c)(3) [§ 1681g].
(2) Disclosure to Consumer.
(A) In general. Except as provided in subparagraph (B), a person may not procure a consumer report, or
cause a consumer report to be procured, for employment purposes with respect to any consumer, unless
(i) a clear and conspicuous disclosure has been made in wri�ng to the consumer at any �me before
the report is procured or caused to be procured, in a document that consists solely of the disclosure,
that a consumer report may be obtained for employment purposes; and
(ii) the consumer has authorized in wri�ng (which authoriza�on may be made on the document
referred to in clause (i)) the procurement of the report by that person.
(B) Applica�on by mail, telephone, computer, or other similar means. If a consumer described in
subparagraph (C) applies for employment by mail, telephone, computer, or other similar means, at any
�me before a consumer report is procured or caused to be procured in connec�on with that applica�on
90 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(i) the person who procures the consumer report on the consumer for employment purposes shall
provide to the consumer, by oral, wri�en, or electronic means, no�ce that a consumer report may be
obtained for employment purposes, and a summary of the consumer’s rights under sec�on 615(a)(3);
and
(ii) the consumer shall have consented, orally, in wri�ng, or electronically to the procurement of the
report by that person.
(C) Scope. Subparagraph (B) shall apply to a person procuring a consumer report on a consumer in
connec�on with the consumer’s applica�on for employment only if
(i) the consumer is applying for a posi�on over which the Secretary of Transporta�on has the power
to establish qualifica�ons and maximum hours of service pursuant to the provisions of sec�on 31502
of �tle 49, or a posi�on subject to safety regula�on by a State transporta�on agency; and
(ii) as of the �me at which the person procures the report or causes the report to be procured the only
interac�on between the consumer and the person in connec�on with that employment applica�on
has been by mail, telephone, computer, or other similar means.
(3) Condi�ons on use for adverse ac�ons.
(A) In general. Except as provided in subparagraph (B), in using a consumer report for employment
purposes, before taking any adverse ac�on based in whole or in part on the report, the person intending
to take such adverse ac�on shall provide to the consumer to whom the report relates –
(i) a copy of the report; and
(ii) a descrip�on in wri�ng of the rights of the consumer under this �tle, as prescribed by the Bureau
under sec�on 609(c)(3).3
(B) Applica�on by mail, telephone, computer, or other similar means.
(i) If a consumer described in subparagraph (C) applies for employment by mail, telephone, computer,
or other similar means, and if a person who has procured a consumer report on the consumer for
employment purposes takes adverse ac�on on the employment applica�on based in whole or in part
on the report, then the person must provide to the consumer to whom the report relates, in lieu of
the no�ces required under subparagraph (A) of this sec�on and under sec�on 615(a), within 3
business days of taking such ac�on, an oral, wri�en or electronic no�fica�on
(I) that adverse ac�on has been taken based in whole or in part on a consumer report received from
a consumer repor�ng agency;
(II) of the name, address and telephone number of the consumer repor�ng agency that furnished the
consumer report (including a toll-free telephone number established by the agency if the agency
compiles and maintains files on consumers on a na�onwide basis);
91 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(III) that the consumer repor�ng agency did not make the decision to take the adverse ac�on and is
unable to provide to the consumer the specific reasons why the adverse ac�on was taken; and
(IV) that the consumer may, upon providing proper iden�fica�on, request a free copy of a report and
may dispute with the consumer repor�ng agency the accuracy or completeness of any informa�on in
a report.
(ii) If, under clause (B)(i)(IV), the consumer requests a copy of a consumer report from the person who
procured the report, then, within 3 business days of receiving the consumer’s request, together with
proper iden�fica�on, the person must send or provide to the consumer a copy of a report and a copy
of the consumer’s rights as prescribed by the Bureau under sec�on 609(c)(3).3
(C) Scope. Subparagraph (B) shall apply to a person procuring a consumer report on a consumer in
connec�on with the consumer’s applica�on for employment only if –
(i) the consumer is applying for a posi�on over which the Secretary of Transporta�on has the power
to establish qualifica�ons and maximum hours of service pursuant to the provisions of sec�on 31502
of �tle 49, or a posi�on subject to safety regula�on by a State transporta�on agency; and
(ii) as of the �me at which the person procures the report or causes the report to be procured the only
interac�on between the consumer and the person in connec�on with that employment applica�on
has been by mail, telephone, computer, or other similar means.
(4) Excep�on for na�onal security inves�ga�ons.
(A) In general. In the case of an agency or department of the United States Government which seeks to
obtain and use a consumer report for employment purposes, paragraph (3) shall not apply to any adverse
ac�on by such agency or department which is based in part on such consumer report, if the head of such
agency or department makes a wri�en finding that
(i) the consumer report is relevant to a na�onal security inves�ga�on of such agency or department;
(ii) the inves�ga�on is within the jurisdic�on of such agency or department;
(iii) there is reason to believe that compliance with paragraph (3) will
(I) endanger the life or physical safety of any person;
(II) result in flight from prosecu�on;
(III) result in the destruc�on of, or tampering with, evidence relevant to the inves�ga�on;
(IV) result in the in�mida�on of a poten�al witness relevant to the inves�ga�on;
(V) result in the compromise of classified informa�on; or (VI) otherwise seriously jeopardize or unduly
delay the inves�ga�on or another official proceeding.
92 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(B) No�fica�on of consumer upon conclusion of inves�ga�on. Upon the conclusion of a na�onal security
inves�ga�on described in subparagraph (A), or upon the determina�on that the excep�on under
subparagraph (A) is no longer required for the reasons set forth in such subparagraph, the official
exercising the authority in such subparagraph shall provide to the consumer who is the subject of the
consumer report with regard to which such finding was made –
(i) a copy of such consumer report with any classified informa�on redacted as necessary;
(ii) no�ce of any adverse ac�on which is based, in part, on the consumer report; and
(iii) the iden�fica�on with reasonable specificity of the nature of the inves�ga�on for which the
consumer report was sought.
(C) Delega�on by head of agency or department. For purposes of subparagraphs (A)and (B), the head of
any agency or department of the United States Government may delegate his or her authori�es under
this paragraph to an official of such agency or department who has personnel security responsibili�es and
is a member of the Senior Execu�ve Service or equivalent civilian or military rank.
(D) Defini�ons. For purposes of this paragraph, the following defini�ons shall apply:
(i) Classified informa�on. The term “classified informa�on” means informa�on that is protected from
unauthorized disclosure under Execu�ve Order No. 12958 or successor orders.
(ii) Na�onal security inves�ga�on. The term “na�onal security inves�ga�on” means any official
inquiry by an agency or department of the United States Government to determine the eligibility of a
consumer to receive access or con�nued access to classified informa�on or to determine whether
classified informa�on has been lost or compromised.
(c) Furnishing reports in connec�on with credit or insurance transac�ons that are not ini�ated by the
consumer.
(1) In general. A consumer repor�ng agency may furnish a consumer report rela�ng to any consumer
pursuant to subparagraph (A) or (C) of subsec�on (a)(3) in connec�on with any credit or insurance
transac�on that is not ini�ated by the consumer only if
(A) the consumer authorizes the agency to provide such report to such person; or (B)
(i) the transac�on consists of a firm offer of credit or insurance;
(ii) the consumer repor�ng agency has complied with subsec�on (e);
(iii) there is not in effect an elec�on by the consumer, made in accordance with subsec�on (e), to have
the consumer’s name and address excluded from lists of names provided by the agency pursuant to
this paragraph; and
(iv) the consumer report does not contain a date of birth that shows that the consumer has not
a�ained the age of 21, or, if the date of birth on the consumer report shows that the consumer has
not a�ained the age of 21, such consumer consents to the consumer repor�ng agency to such
furnishing.
93 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(2) Limits on informa�on received under paragraph (1)(B).
A person may receive pursuant to paragraph (1)(B) only (A) the name and address of a consumer;
(B) an iden�fier that is not unique to the consumer and that is used by the person solely for the purpose
of verifying the iden�ty of the consumer; and
(C) other informa�on pertaining to a consumer that does not iden�fy the rela�onship or experience of
the consumer with respect to a par�cular creditor or other en�ty.
(3) Informa�on regarding inquiries. Except as provided in sec�on 609(a)(5) [§ 1681g], a consumer
repor�ng agency shall not furnish to any person a record of inquiries in connec�on with a credit or
insurance transac�on that is not ini�ated by a consumer.
(d) Reserved.
(e) Elec�on of consumer to be excluded from lists.
(1) In general. A consumer may elect to have the consumer’s name and address excluded from any list
provided by a consumer repor�ng agency under subsec�on (c)(1)(B) in connec�on with a credit or
insurance transac�on that is not ini�ated by the consumer, by no�fying the agency in accordance
with paragraph (2) that the consumer does not consent to any use of a consumer report rela�ng to
the consumer in connec�on with any credit or insurance transac�on that is not ini�ated by the
consumer.
(2) Manner of no�fica�on. A consumer shall no�fy a consumer repor�ng agency under paragraph (1)
(A) through the no�fica�on system maintained by the agency under paragraph (5); or
(B) by submi�ng to the agency a signed no�ce of elec�on form issued by the agency for purposes of this
subparagraph.
(3) Response of agency a�er no�fica�on through system. Upon receipt of no�fica�on of the elec�on
of a consumer under paragraph (1) through the no�fica�on system maintained by the agency under
paragraph (5), a consumer repor�ng agency shall
(A) inform the consumer that the elec�on is effec�ve only for the 5-year period following the elec�on if
the consumer does not submit to the agency a signed no�ce of elec�on form issued by the agency for
purposes of paragraph (2)(B); and
(B) provide to the consumer a no�ce of elec�on form, if requested by the consumer, not later than 5
business days a�er receipt of the no�fica�on of the elec�on through the system established under
paragraph (5), in the case of a request made at the �me the consumer provides no�fica�on through the
system.a
(4) Effec�veness of elec�on. An elec�on of a consumer under paragraph (1)
94 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(A) shall be effec�ve with respect to a consumer repor�ng agency beginning 5 business days a�er the
date on which the consumer no�fies the agency in accordance with paragraph (2); (
B) shall be effec�ve with respect to a consumer repor�ng agency
(i) subject to subparagraph (C), during the 5-year period beginning 5 business days a�er the date on
which the consumer no�fies the agency of the elec�on, in the case of an elec�on for which a
consumer no�fies the agency only in accordance with paragraph (2)(A); or
(ii) un�l the consumer no�fies the agency under subparagraph (C), in the case of an elec�on for which
a consumer no�fies the agency in accordance with paragraph (2)(B);
(C) shall not be effec�ve a�er the date on which the consumer no�fies the agency, through the
no�fica�on system established by the agency under paragraph (5), that the elec�on is no longer effec�ve;
and
(D) shall be effec�ve with respect to each affiliate of the agency.
(5) No�fica�on System
(A) In general. Each consumer repor�ng agency that, under subsec�on (c)(1)
(B), furnishes a consumer report in connec�on with a credit or insurance transac�on that is not ini�ated
by a consumer, shall (i) establish and maintain a no�fica�on system, including a toll-free telephone
number, which permits any consumer whose consumer report is maintained by the agency to no�fy the
agency, with appropriate iden�fica�on, of the consumer’s elec�on to have the consumer’s name and
address excluded from any such list of names and addresses provided by the agency for such a
transac�on; and (ii) publish by not later than 365 days a�er the date of enactment of the Consumer Credit
Repor�ng Reform Act of 1996, and not less than annually therea�er, in a publica�on of general
circula�on in the area served by the agency
(I) a no�fica�on that informa�on in consumer files maintained by the agency may be used in
connec�on with such transac�ons; and
(II) the address and toll-free telephone number for consumers to use to no�fy the agency of the
consumer’s elec�on under clause (I).
(B) Establishment and maintenance as compliance. Establishment and maintenance of a no�fica�on
system (including a toll-free telephone number) and publica�on by a consumer repor�ng agency on the
agency’s own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to
be compliance with this paragraph by each of those affiliates.
(6) No�fica�on system by agencies that operate na�onwide. Each consumer repor�ng agency that
compiles and maintains files on consumers on a na�onwide basis shall establish and maintain a
no�fica�on system for purposes of paragraph (5) jointly with other such consumer repor�ng
agencies.
95 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(f) Certain use or obtaining of informa�on prohibited. A person shall not use or obtain a consumer report
for any purpose unless
(1) the consumer report is obtained for a purpose for which the consumer report is authorized to be
furnished under this sec�on; and
(2) the purpose is cer�fied in accordance with sec�on 607 [§ 1681e] by a prospec�ve user of the
report through a general or specific cer�fica�on.
(g) Protec�on of Medical Informa�on
(1) Limita�on on consumer repor�ng agencies. A consumer repor�ng agency shall not furnish for
employment purposes, or in connec�on with a credit or insurance transac�on, a consumer report
that contains medical informa�on (other than medical contact informa�on treated in the manner
required under sec�on 605(a)(6)) about a consumer, unless
(A) if furnished in connec�on with an insurance transac�on, the consumer affirma�vely consents to the
furnishing of the report; (B) if furnished for employment purposes or in connec�on with a credit
transac�on
(i) the informa�on to be furnished is relevant to process or effect the employment or credit transac�on;
and (ii) the consumer provides specific wri�en consent for the furnishing of the report that describes in
clear and conspicuous language the use for which the informa�on will be furnished; or (C) the informa�on
to be furnished pertains solely to transac�ons, accounts, or balances rela�ng to debts arising from the
receipt of medical services, products, or devises, where such informa�on, other than account status or
amounts, is restricted or reported using codes that do not iden�fy, or do not provide informa�on
sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in
sec�on 605(a)(6).
(2) Limita�on on creditors. Except as permi�ed pursuant to paragraph (3)(C) or regula�ons prescribed
under paragraph (5)(A), a creditor shall not obtain or use medical informa�on (other than medical
contact informa�on treated in the manner required under sec�on 605(a)(6)) pertaining to a
consumer in connec�on with any determina�on of the consumer’s eligibility, or con�nued eligibility,
for credit.
(3) Ac�ons authorized by federal law, insurance ac�vi�es and regulatory determina�ons. Sec�on
603(d)(3) shall not be construed so as to treat informa�on or any communica�on of informa�on as a
consumer report if the informa�on or communica�on is disclosed
(A) in connec�on with the business of insurance or annui�es, including the ac�vi�es described in sec�on
18B of the model Privacy of Consumer Financial and Health Informa�on Regula�on issued by the Na�onal
Associa�on of Insurance Commissioners (as in effect on January 1, 2003);
(B) for any purpose permi�ed without authoriza�on under the Standards for Individually Iden�fiable
Health Informa�on promulgated by the Department of Health and Human Services pursuant to the
Health Insurance Portability and Accountability Act of 1996, or referred to under sec�on 1179 of such Act,
or described in sec�on 502(e) of Public Law 106-102; or
96 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(C) as otherwise determined to be necessary and appropriate, by regula�on or order, by the Bureau or the
applicable State insurance authority (with respect to any person engaged in providing insurance or
annui�es).
(4) Limita�on on redisclosure of medical informa�on. Any person that receives medical informa�on
pursuant to paragraph (1) or (3) shall not disclose such informa�on to any other person, except as
necessary to carry out the purpose for which the informa�on was ini�ally disclosed, or as otherwise
permi�ed by statute, regula�on, or order.
(5) Regula�ons and Effec�ve Date for Paragraph (2)
(A)4 Regula�ons required. The Bureau may, a�er no�ce and opportunity for comment, prescribe
regula�ons that permit transac�ons under paragraph (2) that are determined to be necessary and
appropriate to protect legi�mate opera�onal, transac�onal, risk, consumer, and other needs (and which
shall include permi�ng ac�ons necessary for administra�ve verifica�on purposes), consistent with the
intent of paragraph (2) to restrict the use of medical informa�on for inappropriate purposes.
See also 12 CFR Parts 41/222/232/334/571/717 70 Fed. Reg. 70664 (11/22/05)
(6) Coordina�on with other laws. No provision of this subsec�on shall be construed as altering,
affec�ng, or superseding the applicability of any other provision of Federal law rela�ng to medical
confiden�ality.
§ 605. Requirements rela�ng to informa�on contained in consumer reports [15
U.S.C. § 1681c]
(a) Informa�on excluded from consumer reports. Except as authorized under subsec�on (b) of this
sec�on, no consumer repor�ng agency may make any consumer report containing any of the following
items of informa�on:
(1) Cases under �tle 11 [United States Code] or under the Bankruptcy Act that, from the date of entry
of the order for relief or the date of adjudica�on, as the case may be, antedate the report by more
than 10 years.
(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by
more than seven years or un�l the governing statute of limita�ons has expired, whichever is the
longer period.
(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.
(4) Accounts placed for collec�on or charged to profit and loss which antedate the report by more
than seven years.5
(5) Any other adverse item of informa�on, other than records of convic�ons of crimes which
antedates the report by more than seven years.5
97 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(6) The name, address, and telephone number of any medical informa�on furnisher that has no�fied
the agency of its status, unless –
(A) such name, address, and telephone number are restricted or reported using codes that do not
iden�fy, or provide informa�on sufficient to infer, the specific provider or the nature of such services,
products, or devices to a person other than the consumer; or
(B) the report is being provided to an insurance company for a purpose rela�ng to engaging in the
business of insurance other than property and casualty insurance.
(7) With respect to a consumer repor�ng agency described in sec�on 603(p), any informa�on related
to a veteran’s medical debt if the date on which the hospital care, medical services, or extended care
services was rendered rela�ng to the debt antedates the report by less than 1 year if the consumer
repor�ng agency has actual knowledge that the informa�on is related to a veteran’s medical debt and
the consumer repor�ng agency is in compliance with its obliga�on under sec�on 302(c)(5) of the
Economic Growth, Regulatory Relief, and Consumer Protec�on Act.
(8) With respect to a consumer repor�ng agency described in sec�on 603(p), any informa�on related
to a fully paid or se�led veteran’s medical debt that had been characterized as delinquent, charged
off, or in collec�on if the consumer repor�ng agency has actual knowledge that the informa�on is
related to a veteran’s medical debt and the consumer repor�ng agency is in compliance with its
obliga�on under sec�on 302(c)(5) of the Economic Growth, Regulatory Relief, and Consumer
Protec�on Act.
(b) Exempted cases. The provisions of paragraphs (1) through (5) of subsec�on (a) of this sec�on are not
applicable in the case of any consumer credit report to be used in connec�on with
(1) a credit transac�on involving, or which may reasonably be expected to involve, a principal amount
of $150,000 or more;
(2) the underwri�ng of life insurance involving, or which may reasonably be expected to involve, a
face amount of $150,000 or more; or (3) the employment of any individual at an annual salary which
equals, or which may reasonably be expected to equal $75,000, or more.
(c) Running of Repor�ng Period
(1) In general. The 7-year period referred to in paragraphs (4) and (6)6 of subsec�on (a) shall begin,
with respect to any delinquent account that is placed for collec�on (internally or by referral to a third
party, whichever is earlier), charged to profit and loss, or subjected to any similar ac�on, upon the
expira�on of the 180-day period beginning on the date of the commencement of the delinquency
which immediately preceded the collec�on ac�vity, charge to profit and loss, or similar ac�on.
(2) Effec�ve date. Paragraph (1) shall apply only to items of informa�on added to the file of a
consumer on or a�er the date that is 455 days a�er the date of enactment of the Consumer Credit
Repor�ng Reform Act of 1996.
(d) Informa�on Required to be Disclosed
98 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(6) The name, address, and telephone number of any medical informa�on furnisher that has no�fied
the agency of its status, unless –
(A) such name, address, and telephone number are restricted or reported using codes that do not
iden�fy, or provide informa�on sufficient to infer, the specific provider or the nature of such services,
products, or devices to a person other than the consumer; or
(B) the report is being provided to an insurance company for a purpose rela�ng to engaging in the
business of insurance other than property and casualty insurance.
(7) With respect to a consumer repor�ng agency described in sec�on 603(p), any informa�on related
to a veteran’s medical debt if the date on which the hospital care, medical services, or extended care
services was rendered rela�ng to the debt antedates the report by less than 1 year if the consumer
repor�ng agency has actual knowledge that the informa�on is related to a veteran’s medical debt and
the consumer repor�ng agency is in compliance with its obliga�on under sec�on 302(c)(5) of the
Economic Growth, Regulatory Relief, and Consumer Protec�on Act.
(8) With respect to a consumer repor�ng agency described in sec�on 603(p), any informa�on related
to a fully paid or se�led veteran’s medical debt that had been characterized as delinquent, charged
off, or in collec�on if the consumer repor�ng agency has actual knowledge that the informa�on is
related to a veteran’s medical debt and the consumer repor�ng agency is in compliance with its
obliga�on under sec�on 302(c)(5) of the Economic Growth, Regulatory Relief, and Consumer
Protec�on Act.
(b) Exempted cases. The provisions of paragraphs (1) through (5) of subsec�on (a) of this sec�on are not
applicable in the case of any consumer credit report to be used in connec�on with
(1) a credit transac�on involving, or which may reasonably be expected to involve, a principal amount
of $150,000 or more;
(2) the underwri�ng of life insurance involving, or which may reasonably be expected to involve, a
face amount of $150,000 or more; or (3) the employment of any individual at an annual salary which
equals, or which may reasonably be expected to equal $75,000, or more.
(c) Running of Repor�ng Period
(1) In general. The 7-year period referred to in paragraphs (4) and (6)6 of subsec�on (a) shall begin,
with respect to any delinquent account that is placed for collec�on (internally or by referral to a third
party, whichever is earlier), charged to profit and loss, or subjected to any similar ac�on, upon the
expira�on of the 180-day period beginning on the date of the commencement of the delinquency
which immediately preceded the collec�on ac�vity, charge to profit and loss, or similar ac�on.
(2) Effec�ve date. Paragraph (1) shall apply only to items of informa�on added to the file of a
consumer on or a�er the date that is 455 days a�er the date of enactment of the Consumer Credit
Repor�ng Reform Act of 1996.
(d) Informa�on Required to be Disclosed
99 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(1) Title 11 informa�on. Any consumer repor�ng agency that furnishes a consumer report that
contains informa�on regarding any case involving the consumer that arises under �tle 11, United
States Code, shall include in the report an iden�fica�on of the chapter of such �tle 11 under which
such case arises if provided by the source of the informa�on. If any case arising or filed under �tle 11,
United States Code, is withdrawn by the consumer before a final judgment, the consumer repor�ng
agency shall include in the report that such case or filing was withdrawn upon receipt of
documenta�on cer�fying such withdrawal.
(2) Key factor in credit score informa�on. Any consumer repor�ng agency that furnishes a consumer
report that contains any credit score or any other risk score or predictor on any consumer shall
include in the report a clear and conspicuous statement that a key factor (as defined in sec�on
609(f)(2)(B)) that adversely affected such score or predictor was the number of enquiries, if such a
predictor was in fact a key factor that adversely affected such score. This paragraph shall not apply to
a check services company, ac�ng as such, which issues authoriza�ons for the purpose of approving or
processing nego�able instruments, electronic fund transfers, or similar methods of payments, but
only to the extent that such company is engaged in such ac�vi�es.
(e) Indica�on of closure of account by consumer. If a consumer repor�ng agency is no�fied pursuant to
sec�on 623(a)(4) [§ 1681s-2] that a credit account of a consumer was voluntarily closed by the consumer,
the agency shall indicate that fact in any consumer report that includes informa�on related to the
account.
(f) Indica�on of dispute by consumer. If a consumer repor�ng agency is no�fied pursuant to sec�on
623(a)(3) [§ 1681s-2] that informa�on regarding a consumer who was furnished to the agency is disputed
by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed
informa�on.
(g) Trunca�on of Credit Card and Debit Card Numbers
(1) In general. Except as otherwise provided in this subsec�on, no person that accepts credit cards or
debit cards for the transac�on of business shall print more than the last 5 digits of the card number or
the expira�on date upon any receipt provided to the cardholder at the point of the sale or
transac�on.
(2) Limita�on. This subsec�on shall apply only to receipts that are electronically printed, and shall not
apply to transac�ons in which the sole means of recording a credit card or debit card account number
is by handwri�ng or by an imprint or copy of the card. (3) Effec�ve date. This subsec�on shall become
effec�ve
(A) 3 years a�er the date of enactment of this subsec�on, with respect to any cash register or other
machine or device that electronically prints receipts for credit card or debit card transac�ons that is in use
before January 1, 2005; and
(B) 1 year a�er the date of enactment of this subsec�on, with respect to any cash register or other
machine or device that electronically prints receipts for credit card or debit card transac�ons that is first
put into use on or a�er January 1, 2005.
100| P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(h) No�ce of Discrepancy in Address
(1) In general. If a person has requested a consumer report rela�ng to a consumer from a consumer
repor�ng agency described in sec�on 603(p), the request includes an address for the consumer that
substan�ally differs from the addresses in the file of the consumer, and the agency provides a
consumer report in response to the request, the consumer repor�ng agency shall no�fy the requester
of the existence of the discrepancy.
See also 16 CFR Part 641
72 Fed. Reg. 63771-72 (11/09/07)
74 Fed. Reg. 22640-41 (05/14/09)
(2) Regula�ons
(A) Regula�ons required. The Bureau shall, in consulta�on with the Federal banking agencies, the
Na�onal Credit Union Administra�on, and the Federal Trade Commission, prescribe regula�ons providing
guidance regarding reasonable policies and procedures that a user of a consumer report should employ
when such user has received a no�ce of discrepancy under paragraph (1).
(B) Policies and procedures to be included. The regula�ons prescribed under subparagraph (A) shall
describe reasonable policies and procedures for use by a user of a consumer report – (i) to form a
reasonable belief that the user knows the iden�ty of the person to whom the consumer report pertains;
and (ii) if the user establishes a con�nuing rela�onship with the consumer, and the user regularly and in
the ordinary course of business furnishes informa�on to the consumer repor�ng agency from which the
no�ce of discrepancy pertaining to the consumer was obtained, to reconcile the address of the consumer
with the consumer repor�ng agency by furnishing such address to such consumer repor�ng agency as
part of informa�on regularly furnished by the user for the period in which the rela�onship is established.
§ 605A.Iden�ty the� preven�on; fraud alerts and ac�ve duty alerts [15 U.S.C. §
1681c-1]
(a) One-call Fraud Alerts
(1) Ini�al alerts. Upon the direct request of a consumer, or an individual ac�ng on behalf of or as a
personal representa�ve of a consumer, who asserts in good faith a suspicion that the consumer has
been or is about to become a vic�m of fraud or related crime, including iden�ty the�, a consumer
repor�ng agency described in sec�on 603(p) that maintains a file on the consumer and has received
appropriate proof of the iden�ty of the requester shall
(A) include a fraud alert in the file of that consumer, and also provide that alert along with any credit score
generated in using that file, for a period of not less than 1 year, beginning on the date of such request,
unless the consumer or such representa�ve requests that such fraud alert be removed before the end of
such period, and the agency has received appropriate proof of the iden�ty of the requester for such
purpose; and
101 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(2) Access to free reports. In any case in which a consumer repor�ng agency includes a fraud alert in the
file of a consumer pursuant to this subsec�on, the consumer repor�ng agency shall –
(A) disclose to the consumer that the consumer may request a free copy of the file of the consumer
pursuant to sec�on 612(d); and
(B) provide to the consumer all disclosures required to be made under sec�on 609, without charge to the
consumer, not later than 3 business days a�er any request described in subparagraph (A).
(b) Extended Alerts
(1) In general. Upon the direct request of a consumer, or an individual ac�ng on behalf of or as a
personal representa�ve of a consumer, who submits an iden�ty the� report to a consumer repor�ng
agency described in sec�on 603(p) that maintains a file on the consumer, if the agency has received
appropriate proof of the iden�ty of the requester, the agency shall –
(A) include a fraud alert in the file of that consumer, and also provide that alert along with any credit score
generated in using that file, during the 7-year period beginning on the date of such request, unless the
consumer or such representa�ve requests that such fraud alert be removed before the end of such period
and the agency has received appropriate proof of the iden�ty of the requester for such purpose;
(B) during the 5-year period beginning on the date of such request, exclude the consumer from any list of
consumers prepared by the consumer repor�ng agency and provided to any third party to offer credit or
insurance to the consumer as part of a transac�on that was not ini�ated by the consumer, unless the
consumer or such representa�ve requests that such exclusion be rescinded before the end of such
period; and
(C) refer the informa�on regarding the extended fraud alert under this paragraph to each of the other
consumer repor�ng agencies described in sec�on 603(p), in accordance with procedures developed
under sec�on 621(f).
(2) Access to free reports. In any case in which a consumer repor�ng agency includes a fraud alert in
the file of a consumer pursuant to this subsec�on, the consumer repor�ng agency shall – (A) disclose
to the consumer that the consumer may request 2 free copies of the file of the consumer pursuant to
sec�on 612(d) during the 12-month period beginning on the date on which the fraud alert was
included in the file; and (B) provide to the consumer all disclosures required to be made under sec�on
609, without charge to the consumer, not later than 3 business days a�er any request described in
subparagraph (A).
(c) Ac�ve duty alerts. Upon the direct request of an ac�ve duty military consumer, or an individual
ac�ng on behalf of or as a personal representa�ve of an ac�ve duty military consumer, a consumer
repor�ng agency described in sec�on 603(p) that maintains a file on the ac�ve duty military consumer
and has received appropriate proof of the iden�ty of the requester shall
102 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(1) include an ac�ve duty alert in the file of that ac�ve duty military consumer, and also provide that
alert along with any credit score generated in using that file, during a period of not less than 12
months, or such longer period as the Bureau shall determine, by regula�on, beginning on the date of
the request, unless the ac�ve duty military consumer or such representa�ve requests that such fraud
alert be removed before the end of such period, and the agency has received appropriate proof of the
iden�ty of the requester for such purpose;
(2) during the 2-year period beginning on the date of such request, exclude the ac�ve duty military
consumer from any list of consumers prepared by the consumer repor�ng agency and provided to any
third party to offer credit or insurance to the consumer as part of a transac�on that was not ini�ated
by the consumer, unless the consumer requests that such exclusion be rescinded before the end of
such period; and
(3) refer the informa�on regarding the ac�ve duty alert to each of the other consumer repor�ng
agencies described in sec�on 603(p), in accordance with procedures developed under sec�on 621(f).
See also 16 CFR Part 613.1 69 Fed. Reg. 63922 (11/03/04)
(d) Procedures. Each consumer repor�ng agency described in sec�on 603(p) shall establish policies and
procedures to comply with this sec�on, including procedures that inform consumers of the availability of
ini�al, extended, and ac�ve duty alerts and procedures that allow consumers and ac�ve duty military
consumers to request ini�al, extended, or ac�ve duty alerts (as applicable) in a simple and easy manner,
including by telephone.
(e) Referrals of alerts. Each consumer repor�ng agency described in sec�on 603(p) that receives a referral
of a fraud alert or ac�ve duty alert from another consumer repor�ng agency pursuant to this sec�on shall,
as though the agency received the request from the consumer directly, follow the procedures required
under
(1) paragraphs (1)(A) and (2) of subsec�on (a), in the case of a referral under subsec�on (a)(1)(B); (2)
paragraphs (1)(A), (1)(B), and
(2) of subsec�on (b), in the case of a referral under subsec�on (b)(1)(C); and
(3) paragraphs (1) and (2) of subsec�on (c), in the case of a referral under subsec�on (c)(3). (f) Duty of
reseller to reconvey alert. A reseller shall include in its report any fraud alert or ac�ve duty alert
placed in the file of a consumer pursuant to this sec�on by another consumer repor�ng agency.
(g) Duty of other consumer repor�ng agencies to provide contact informa�on. If a consumer contacts any
consumer repor�ng agency that is not described in sec�on 603(p) to communicate a suspicion that the
consumer has been or is about to become a vic�m of fraud or related crime, including iden�ty the�, the
agency shall provide informa�on to the consumer on how to contact the Bureau and the consumer
repor�ng agencies described in sec�on 603(p) to obtain more detailed informa�on and request alerts
under this sec�on. (h) Limita�ons on Use of Informa�on for Credit Extensions
(1) Requirements for ini�al and ac�ve duty alerts
103 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(A) No�fica�on. Each ini�al fraud alert and ac�ve duty alert under this sec�on shall include informa�on
that no�fies all prospec�ve users of a consumer report on the consumer to which the alert relates that
the consumer does not authorize the establishment of any new credit plan or extension of credit, other
than under an open-end credit plan (as defined in sec�on 103(i)), in the name of the consumer, or
issuance of an addi�onal card on an exis�ng credit account requested by a consumer, or any increase in
credit limit on an exis�ng credit account requested by a consumer, except in accordance with
subparagraph
(B). (B) Limita�on on Users
(i) In general. No prospec�ve user of a consumer report that includes an ini�al fraud alert or an ac�ve
duty alert in accordance with this sec�on may establish a new credit plan or extension of credit, other
than under an open-end credit plan (as defined in sec�on 103(i)), in the name of the consumer, or
issue an addi�onal card on an exis�ng credit account requested by a consumer, or grant any increase
in credit limit on an exis�ng credit account requested by a consumer, unless the user u�lizes
reasonable policies and procedures to form a reasonable belief that the user knows the iden�ty of the
person making the request.
(ii) Verifica�on. If a consumer reques�ng the alert has specified a telephone number to be used for
iden�ty verifica�on purposes, before authorizing any new credit plan or extension described in clause
(i) in the name of such consumer, a user of such consumer report shall contact the consumer using
that telephone number or take reasonable steps to verify the consumer’s iden�ty and confirm that
the applica�on for a new credit plan is not the result of iden�ty the�.
(2) Requirements for Extended Alerts (A) No�fica�on.
Each extended alert under this sec�on shall include informa�on that provides all prospec�ve users of a
consumer report rela�ng to a consumer with – (i) no�fica�on that the consumer does not authorize the
establishment of any new credit plan or extension of credit described in clause (i), other than under an
open-end credit plan (as defined in sec�on 103(i)), in the name of the consumer, or issuance of an
addi�onal card on an exis�ng credit account requested by a consumer, or any increase in credit limit on
an exis�ng credit account requested by a consumer, except in accordance with subparagraph (B); and
(ii) a telephone number or other reasonable contact method designated by the consumer.
(B) Limita�on on users. No prospec�ve user of a consumer report or of a credit score generated using the
informa�on in the file of a consumer that includes an extended fraud alert in accordance with this sec�on
may establish a new credit plan or extension of credit, other than under an open-end credit plan (as
defined in sec�on 103(i)), in the name of the consumer, or issue an addi�onal card on an exis�ng credit
account requested by a consumer, or any increase in credit limit on an exis�ng credit account requested
by a consumer, unless the user contacts the consumer in person or using the contact method described
in subparagraph (A)(ii) to confirm that the applica�on for a new credit plan or increase in credit limit, or
request for an addi�onal card is not the result of iden�ty the�.
(i) Na�onal security freeze.
(1) Defini�ons. For purposes of this subsec�on:
104 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(A) The term ‘consumer repor�ng agency’ means a consumer repor�ng agency described in sec�on
603(p).
(B) The term ‘proper iden�fica�on’ has the meaning of such term as used under sec�on 610.
(C) The term ‘security freeze’ means a restric�on that prohibits a consumer repor�ng agency from
disclosing the contents of a consumer report that is subject to such security freeze to any person
reques�ng the consumer report.
(2) Placement of security freeze.
(A) In general. Upon receiving a direct request from a consumer that a consumer repor�ng agency place
a security freeze, and upon receiving proper iden�fica�on from the consumer, the consumer repor�ng
agency shall, free of charge, place the security freeze not later than –
(i) in the case of a request that is by toll-free telephone or secure electronic means, 1 business day
a�er receiving the request directly from the consumer; or
(ii) in the case of a request that is by mail, 3 business days a�er receiving the request directly from the
consumer.
(B) Confirma�on and addi�onal informa�on. Not later than 5 business days a�er placing a security freeze
under subparagraph (A), a consumer repor�ng agency shall
(i) send confirma�on of the placement to the consumer; and
(ii) inform the consumer of –
(I) the process by which the consumer may remove the security freeze, including a mechanism to
authen�cate the consumer; and (II) the consumer’s right described in sec�on 615(d)(1) (D).
(C) No�ce to third par�es. A consumer repor�ng agency may advise a third party that a security freeze has
been placed with respect to a consumer under subparagraph (A).
(3) Removal of security freeze. (A) In general. A consumer repor�ng agency shall remove a security
freeze placed on the consumer report of a consumer only in the following cases:
(i) Upon the direct request of the consumer.
(ii) The security freeze was placed due to a material misrepresenta�on of fact by the consumer
(B) No�ce if removal not by request. If a consumer repor�ng agency removes a security freeze under
subparagraph (A)(ii), the consumer repor�ng agency shall no�fy the consumer in wri�ng prior to
removing the security freeze.
(C) Removal of security freeze by consumer request. Except as provided in subparagraph (A)(ii), a security
freeze shall remain in place un�l the consumer directly requests that the security freeze be removed.
Upon receiving a direct request from a consumer that a consumer repor�ng agency remove a security
freeze, and upon receiving proper iden�fica�on from the consumer, the consumer repor�ng agency shall,
free of charge, remove the security freeze not later than
105 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(i) in the case of a request that is by toll-free telephone or secure electronic means, 1 hour a�er
receiving the request for removal; or
(ii) in the case of a request that is by mail, 3 business days a�er receiving the request for removal.
(D) Third-party requests. If a third party requests access to a consumer report of a consumer with respect
to which a security freeze is in effect, where such request is in connec�on with an applica�on for credit,
and the consumer does not allow such consumer report to be accessed, the third party may treat the
applica�on as incomplete.
(E) Temporary removal of security freeze. Upon receiving a direct request from a consumer under
subparagraph (A)(i), if the consumer requests a temporary removal of a security freeze, the consumer
repor�ng agency shall, in accordance with subparagraph (C), remove the security freeze for the period of
�me specified by the consumer.
(4) Excep�ons.
A security freeze shall not apply to the making of a consumer report for use of the following: (A) A person
or en�ty, or a subsidiary, affiliate, or agent of that person or en�ty, or an assignee of a financial obliga�on
owed by the consumer to that person or en�ty, or a prospec�ve assignee of a financial obliga�on owed
by the consumer to that person or en�ty in conjunc�on with the proposed purchase of the financial
obliga�on, with which the consumer has or had prior to assignment an account or contract including a
demand deposit account, or to whom the consumer issued a nego�able instrument, for the purposes of
reviewing the account or collec�ng the financial obliga�on owed for the account, contract, or nego�able
instrument. For purposes of this subparagraph, ‘reviewing the account’ includes ac�vi�es related to
account maintenance, monitoring, credit line increases, and account upgrades and enhancements.
(B) Any Federal, State, or local agency, law enforcement agency, trial court, or private collec�on agency
ac�ng pursuant to a court order, warrant, or subpoena.
(C) A child support agency ac�ng pursuant to part D of �tle IV of the Social Security Act (42 U.S.C. 651 et
seq.).
(D) A Federal agency or a State or its agents or assigns ac�ng to inves�gate fraud or ac�ng to inves�gate
or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibili�es,
provided such responsibili�es are consistent with a permissible purpose under sec�on 604.
(E) By a person using credit informa�on for the purposes described under sec�on 604(c).
(F) Any person or en�ty administering a credit file monitoring subscrip�on or similar service to which the
consumer has subscribed.
(G) Any person or en�ty for the purpose of providing a consumer with a copy of the consumer’s consumer
report or credit score, upon the request of the consumer.
(H) Any person using the informa�on in connec�on with the underwri�ng of insurance.
106 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(I) Any person using the informa�on for employment, tenant, or background screening purposes.
(J) Any person using the informa�on for assessing, verifying, or authen�ca�ng a consumer’s iden�ty for
purposes other than the gran�ng of credit, or for inves�ga�ng or preven�ng actual or poten�al fraud.
(5) No�ce of rights. At any �me a consumer is required to receive a summary of rights required under
sec�on 609, the following no�ce shall be included:
“Consumers Have The Right To Obtain A Security Freeze “You have a right to place a ‘security freeze’ on
your credit report, which will prohibit a consumer repor�ng agency from releasing informa�on in your
credit report without your express authoriza�on. The security freeze is designed to prevent credit, loans,
and services from being approved in your name without your consent. However, you should be aware
that using a security freeze to take control over who gets access to the personal and financial informa�on
in your credit report may delay, interfere with, or prohibit the �mely approval of any subsequent request
or applica�on you make regarding a new loan, credit, mortgage, or any other account involving the
extension of credit. “As an alterna�ve to a security freeze, you have the right to place an ini�al or
extended fraud alert on your credit file at no cost. An ini�al fraud alert is a 1-year alert that is placed on a
consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required
to take steps to verify the consumer’s iden�ty before extending new credit. If you are a vic�m of iden�ty
the�, you are en�tled to an extended fraud alert, which is a fraud alert las�ng 7 years.
“A security freeze does not apply to a person or en�ty, or its affiliates, or collec�on agencies ac�ng on
behalf of the person or en�ty, with which you have an exis�ng account that requests informa�on in your
credit report for the purposes of reviewing or collec�ng the account. Reviewing the account includes
ac�vi�es related to account maintenance, monitoring, credit line increases, and account upgrades and
enhancements.”
(6) Webpage.
(A) Consumer repor�ng agencies. A consumer repor�ng agency shall establish a webpage that –
(i) allows a consumer to request a security freeze;
(ii) allows a consumer to request an ini�al fraud alert;
(iii) allows a consumer to request an extended fraud alert;
(iv) allows a consumer to request an ac�ve duty fraud alert;
(v) allows a consumer to opt-out of the use of informa�on in a consumer report to send the consumer
a solicita�on of credit or insurance, in accordance with sec�on 615(d); and
(vi) shall not be the only mechanism by which a consumer may request a security freeze.
(B) FTC. The Federal Trade Commission shall establish a single webpage that includes a link to each
webpage established under subparagraph (A) within the Federal Trade Commission’s website
www.IdentityTheft.gov, or a successor website.
107 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(j) Na�onal protec�on for files and credit records of protected consumers.
(1) Defini�ons. As used in this subsec�on:
(A) The term ‘consumer repor�ng agency’ means a consumer repor�ng agency described in sec�on
603(p).
(B) The term ‘protected consumer’ means an individual who is
(i) under the age of 16 years at the �me a request for the placement of a security freeze is made; or
(ii) an incapacitated person or a protected person for whom a guardian or conservator has been
appointed.
(C) The term ‘protected consumer’s representa�ve’ means a person who provides to a consumer
repor�ng agency sufficient proof of authority to act on behalf of a protected consumer.
(D) The term ‘record’ means a compila�on of informa�on that –
(i) iden�fies a protected consumer;
(ii) is created by a consumer repor�ng agency solely for the purpose of complying with this
subsec�on; and
(iii) may not be created or used to consider the protected consumer’s credit worthiness, credit
standing, credit capacity, character, general reputa�on, personal characteris�cs, or mode of living.
(E) The term ‘security freeze’ means a restric�on that prohibits a consumer repor�ng agency from
disclosing the contents of a consumer report that is the subject of such security freeze or, in the case of a
protected consumer for whom the consumer repor�ng agency does not have a file, a record that is
subject to such security freeze to any person reques�ng the consumer report for the purpose of opening
a new account involving the extension of credit.
(F) The term ‘sufficient proof of authority’ means documenta�on that shows a protected consumer’s
representa�ve has authority to act on behalf of a protected consumer and includes
(i) an order issued by a court of law;
(ii) a lawfully executed and valid power of a�orney;
(iii) a document issued by a Federal, State, or local government agency in the United States showing
proof of parentage, including a birth cer�ficate; or
(iv) with respect to a protected consumer who has been placed in a foster care se�ng, a wri�en
communica�on from a county welfare department or its agent or designee, or a county proba�on
department or its agent or designee, cer�fying that the protected consumer is in a foster care se�ng
under its jurisdic�on.
108 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(G) The term ‘sufficient proof of iden�fica�on’ means informa�on or documenta�on that iden�fies a
protected consumer and a protected consumer’s representa�ve and includes
(i) a social security number or a copy of a social security card issued by the Social Security
Administra�on; S. 2155—36
(ii) a cer�fied or official copy of a birth cer�ficate issued by the en�ty authorized to issue the birth
cer�ficate; or
(iii) a copy of a driver’s license, an iden�fica�on card issued by the motor vehicle administra�on, or
any other government issued iden�fica�on.
(2) Placement of security freeze for a protected consumer.
(A) In general. Upon receiving a direct request from a protected consumer’s representa�ve that a
consumer repor�ng agency place a security freeze, and upon receiving sufficient proof of iden�fica�on
and sufficient proof of authority, the consumer repor�ng agency shall, free of charge, place the security
freeze not later than
i) in the case of a request that is by toll-free telephone or secure electronic means, 1 business day
a�er receiving the request directly from the protected consumer’s representa�ve; or
(ii) in the case of a request that is by mail, 3 business days a�er receiving the request directly from the
protected consumer’s representa�ve.
(B) Confirma�on and addi�onal informa�on. Not later than 5 business days a�er placing a security freeze
under subparagraph (A), a consumer repor�ng agency shall
(i) send confirma�on of the placement to the protected consumer’s representa�ve; and
(ii) inform the protected consumer’s representa�ve of the process by which the protected consumer
may remove the security freeze, including a mechanism to authen�cate the protected consumer’s
representa�ve.
(C) Crea�on of file. If a consumer repor�ng agency does not have a file pertaining to a protected
consumer when the consumer repor�ng agency receives a direct request under subparagraph (A), the
consumer repor�ng agency shall create a record for the protected consumer.
(3) Prohibi�on on release of record or file of protected consumer. A�er a security freeze has been
placed under paragraph (2)(A), and unless the security freeze is removed in accordance with this
subsec�on, a consumer repor�ng agency may not release the protected consumer’s consumer
report, any informa�on derived from the protected consumer’s consumer report, or any record
created for the protected consumer.
(4) Removal of a protected consumer security freeze.
(A) In general. A consumer repor�ng agency shall remove a security freeze placed on the consumer report
of a protected consumer only in the following cases:
109 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(i) Upon the direct request of the protected consumer’s representa�ve.
(ii) Upon the direct request of the protected consumer, if the protected consumer is not under the age
of 16 years at the �me of the request.
(iii) The security freeze was placed due to a material misrepresenta�on of fact by the protected
consumer’s representa�ve.
(B) No�ce if removal not by request. If a consumer repor�ng agency removes a security freeze under
subparagraph (A)(iii), the consumer repor�ng agency shall no�fy the protected consumer’s
representa�ve in wri�ng prior to removing the security freeze.
(C) Removal of freeze by request. Except as provided in subparagraph (A)(iii), a security freeze shall
remain in place un�l a protected consumer’s representa�ve or protected consumer described in
subparagraph (A)(ii) directly requests that the security freeze be removed. Upon receiving a direct
request from the protected consumer’s representa�ve or protected consumer described in subparagraph
(A)(ii) that a consumer repor�ng agency remove a security freeze, and upon receiving sufficient proof of
iden�fica�on and sufficient proof of authority, the consumer repor�ng agency shall, free of charge,
remove the security freeze not later than
(i) in the case of a request that is by toll-free telephone or secure electronic means, 1 hour a�er
receiving the request for removal; or
(ii) in the case of a request that is by mail, 3 business days a�er receiving the request for removal.
(D) Temporary removal of security freeze. Upon receiving a direct request from a protected consumer or
a protected consumer’s representa�ve under subparagraph (A)(i), if the protected consumer or
protected consumer’s representa�ve requests a temporary removal of a security freeze, the consumer
repor�ng agency shall, in accordance with subparagraph (C), remove the security freeze for the period of
�me specified by the protected consumer or protected consumer’s representa�ve.
(k) Credit monitoring.
(1) Defini�ons. In this subsec�on:
(A) The term ‘ac�ve duty military consumer’ includes a member of the Na�onal Guard.
(B) The term ‘Na�onal Guard’ has the meaning given the term in sec�on 101(c) of �tle 10, United States
Code.
(2) Credit monitoring. A consumer repor�ng agency described in sec�on 603(p) shall provide a free
electronic credit monitoring service that, at a minimum, no�fies a consumer of material addi�ons or
modifica�ons to the file of the consumer at the consumer repor�ng agency to any consumer who
provides to the consumer repor�ng agency –
110 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(A) appropriate proof that the consumer is an ac�ve duty military consumer; and
(B) contact informa�on of the consumer.
(3) Rulemaking. Not later than 1 year a�er the date of enactment of this subsec�on, the Federal Trade
Commission shall promulgate regula�ons regarding the requirements of this subsec�on, which shall
at a minimum include – (A) a defini�on of an electronic credit monitoring service and material
addi�ons or modifica�ons to the file of a consumer; and (B) what cons�tutes appropriate proof.
(4) Applicability.
(A) Sec�ons 616 and 617 shall not apply to any viola�on of this subsec�on.
(B) This subsec�on shall be enforced exclusively under sec�on 621 by the Federal agencies and Federal
and State officials iden�fied in that sec�on.
§ 605B.Block of informa�on resul�ng from iden�ty the�
[15 U.S.C. § 1681c-2]
(a) Block. Except as otherwise provided in this sec�on, a consumer repor�ng agency shall block the
repor�ng of any informa�on in the file of a consumer that the consumer iden�fies as informa�on that
resulted from an alleged iden�ty the�, not later than 4 business days a�er the date of receipt by such
agency of
(1) appropriate proof of the iden�ty of the consumer;
(2) a copy of an iden�ty the� report;
(3) the iden�fica�on of such informa�on by the consumer; and
(4) a statement by the consumer that the informa�on is not informa�on rela�ng to any transac�on by
the consumer.
(b) No�fica�on. A consumer repor�ng agency shall promptly no�fy the furnisher of informa�on iden�fied
by the consumer under subsec�on (a) –
(1) that the informa�on may be a result of iden�ty the�;
(2) that an iden�ty the� report has been filed;
(3) that a block has been requested under this sec�on; and (4) of the effec�ve dates of the block. (c)
Authority to Decline or Rescind
(c) Authority to Decline or Rescind
(1) In general. A consumer repor�ng agency may decline to block, or may rescind any block, of
informa�on rela�ng to a consumer under this sec�on, if the consumer repor�ng agency reasonably
determines that
111 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(A) the informa�on was blocked in error or a block was requested by the consumer in error;
(B) the informa�on was blocked, or a block was requested by the consumer, on the basis of a material
misrepresenta�on of fact by the consumer relevant to the request to block; or
(C) the consumer obtained possession of goods, services, or money as a result of the blocked transac�on
or transac�ons.
(2) No�fica�on to consumer. If a block of informa�on is declined or rescinded under this subsec�on,
the affected consumer shall be no�fied promptly, in the same manner as consumers are no�fied of
the reinser�on of informa�on under sec�on 611(a)(5)(B).
(3) Significance of block. For purposes of this subsec�on, if a consumer repor�ng agency rescinds a
block, the presence of informa�on in the file of a consumer prior to the blocking of such informa�on
is not evidence of whether the consumer knew or should have known that the consumer obtained
possession of any goods, services, or money as a result of the block.
(d) Excep�on for Resellers
(1) No reseller file. This sec�on shall not apply to a consumer repor�ng agency, if the consumer
repor�ng agency –
(A) is a reseller;
(B) is not, at the �me of the request of the consumer under subsec�on (a), otherwise furnishing or
reselling a consumer report concerning the informa�on iden�fied by the consumer; and
(C) informs the consumer, by any means, that the consumer may report the iden�ty the� to the Bureau
to obtain consumer informa�on regarding iden�ty the�.
(2) Reseller with file. The sole obliga�on of the consumer repor�ng agency under this sec�on, with
regard to any request of a consumer under this sec�on, shall be to block the consumer report
maintained by the consumer repor�ng agency from any subsequent use, if –
(A) the consumer, in accordance with the provisions of subsec�on (a), iden�fies, to a consumer repor�ng
agency, informa�on in the file of the consumer that resulted from iden�ty the�; and
(B) the consumer repor�ng agency is a reseller of the iden�fied informa�on.
(3) No�ce. In carrying out its obliga�on under paragraph (2), the reseller shall promptly provide a
no�ce to the consumer of the decision to block the file. Such no�ce shall contain the name, address,
and telephone number of each consumer repor�ng agency from which the consumer informa�on
was obtained for resale.
112 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(e) Excep�on for verifica�on companies. The provisions of this sec�on do not apply to a check services
company, ac�ng as such, which issues authoriza�ons for the purpose of approving or processing
nego�able instruments, electronic fund transfers, or similar methods of payments, except that, beginning
4 business days a�er receipt of informa�on described in paragraphs (1) through (3) of subsec�on (a), a
check services company shall not report to a na�onal consumer repor�ng agency described in sec�on
603(p), any informa�on iden�fied in the subject iden�ty the� report as resul�ng from iden�ty the�.
(f) Access to blocked informa�on by law enforcement agencies. No provision of this sec�on shall be
construed as requiring a consumer repor�ng agency to prevent a Federal, State, or local law enforcement
agency from accessing blocked informa�on in a consumer file to which the agency could otherwise obtain
access under this �tle.’
§ 606. Disclosure of inves�ga�ve consumer reports [15 U.S.C. § 1681d]
(a) Disclosure of fact of prepara�on. A person may not procure or cause to be prepared an inves�ga�ve
consumer report on any consumer unless
(1) it is clearly and accurately disclosed to the consumer that an inves�ga�ve consumer report
including informa�on as to his character, general reputa�on, personal characteris�cs and mode of
living, whichever are applicable, may be made, and such disclosure
(A) is made in a wri�ng mailed, or otherwise delivered, to the consumer, not later than three days a�er
the date on which the report was first requested, and
(B) includes a statement informing the consumer of his right to request the addi�onal disclosures
provided for under subsec�on (b) of this sec�on and the wri�en summary of the rights of the consumer
prepared pursuant to sec�on 609(c) [§ 1681g]; and
(2) the person cer�fies or has cer�fied to the consumer repor�ng agency that (A) the person has made
the disclosures to the consumer required by paragraph (1); and (B) the person will comply with
subsec�on (b).
(b) Disclosure on request of nature and scope of inves�ga�on. Any person who procures or causes to be
prepared an inves�ga�ve consumer report on any consumer shall, upon wri�en request made by the
consumer within a reasonable period of �me a�er the receipt by him of the disclosure required by
subsec�on (a)(1) of this sec�on, make a complete and accurate disclosure of the nature and scope of the
inves�ga�on requested. This disclosure shall be made in a wri�ng mailed, or otherwise delivered, to the
consumer not later than five days a�er the date on which the request for such disclosure was received
from the consumer or such report was first requested, whichever is the later.
(c) Limita�on on liability upon showing of reasonable procedures for compliance with provisions. No
person may be held liable for any viola�on of subsec�on (a) or (b) of this sec�on if he shows by a
preponderance of the evidence that at the �me of the viola�on he maintained reasonable procedures to
assure compliance with subsec�on (a) or (b) of this sec�on.
113 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(d) Prohibi�ons
(1) Cer�fica�on. A consumer repor�ng agency shall not prepare or furnish inves�ga�ve consumer
report unless the agency has received a cer�fica�on under subsec�on (a)(2) from the person who
requested the report.
(2) Inquiries. A consumer repor�ng agency shall not make an inquiry for the purpose of preparing an
inves�ga�ve consumer report on a consumer for employment purposes if the making of the inquiry
by an employer or prospec�ve employer of the consumer would violate any applicable Federal or
State equal employment opportunity law or regula�on.
(3) Certain public record informa�on. Except as otherwise provided in sec�on 613 [§ 1681k], a
consumer repor�ng agency shall not furnish an inves�ga�ve consumer report that includes
informa�on that is a ma�er of public record and that relates to an arrest, indictment, convic�on, civil
judicial ac�on, tax lien, or outstanding judgment, unless the agency has verified the accuracy of the
informa�on during the 30-day period ending on the date on which the report is furnished.
(4) Certain adverse informa�on. A consumer repor�ng agency shall not prepare or furnish an
inves�ga�ve consumer report on a consumer that contains informa�on that is adverse to the interest
of the consumer and that is obtained through a personal interview with a neighbor, friend, or
associate of the consumer or with another person with whom the consumer is acquainted or who has
knowledge of such item of informa�on, unless
(A) the agency has followed reasonable procedures to obtain confirma�on of the informa�on, from an
addi�onal source that has independent and direct knowledge of the informa�on; or
(B) the person interviewed is the best possible source of the informa�on.
§ 607. Compliance procedures [15 U.S.C. § 1681e]
(a) Iden�ty and purposes of credit users. Every consumer repor�ng agency shall maintain reasonable
procedures designed to avoid viola�ons of sec�on 605 [§ 1681c] and to limit the furnishing of consumer
reports to the purposes listed under sec�on 604 [§ 1681b] of this �tle. These procedures shall require that
prospec�ve users of the informa�on iden�fy themselves, cer�fy the purposes for which the informa�on
is sought, and cer�fy that the informa�on will be used for no other purpose. Every consumer repor�ng
agency shall make a reasonable effort to verify the iden�ty of a new prospec�ve user and the uses
cer�fied by such prospec�ve user prior to furnishing such user a consumer report. No consumer repor�ng
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 sec�on 604 [§ 1681b] of this �tle. (
(b) Accuracy of report. Whenever a consumer repor�ng agency prepares a consumer report it shall follow
reasonable procedures to assure maximum possible accuracy of the informa�on concerning the
individual about whom the report relates.
114 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(c) Disclosure of consumer reports by users allowed. A consumer repor�ng 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 ac�on against the consumer has been taken by the user based in whole or in
part on the report.
(d) No�ce to Users and Furnishers of Informa�on
(1) No�ce requirement. A consumer repor�ng agency shall provide to any person
(A) who regularly and in the ordinary course of business furnishes informa�on to the agency with respect
to any consumer; or
(B) to whom a consumer report is provided by the agency; a no�ce of such person’s responsibili�es under
this �tle.
(2) Content of no�ce. The Bureau shall prescribe the content of no�ces under paragraph (1), and a
consumer repor�ng agency shall be in compliance with this subsec�on if it provides a no�ce under
paragraph (1) that is substan�ally similar to the Bureau prescrip�on 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 informa�on in
the report) unless the person discloses to the consumer repor�ng agency that originally furnishes the
report
(A) the iden�ty of the end-user of the report (or informa�on); and (B) each permissible purpose under
sec�on 604 [§ 1681b] for which the report is furnished to the end-user of the report (or informa�on). (2)
Responsibili�es of procurers for resale. A person who procures a consumer report for purposes of
reselling the report (or any informa�on in the report) shall (A) establish and comply with reasonable
procedures designed to ensure that the report (or informa�on) is resold by the person only for a purpose
for which the report may be furnished under sec�on 604 [§ 1681b], including by requiring that each
person to which the report (or informa�on) is resold and that resells or provides the report (or
informa�on) to any other person
(i) iden�fies each end user of the resold report (or informa�on);
(ii) cer�fies each purpose for which the report (or informa�on) will be used; and
(iii) cer�fies that the report (or informa�on) will be used for no other purpose; and
(B) before reselling the report, make reasonable efforts to verify the iden�fica�ons and cer�fica�ons
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 informa�on in the report) shall not disclose the iden�ty of the end-user of the report
under paragraph (1) or (2) if –
115 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(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 informa�on
in the report) shall not disclose the iden�ty 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 con�nued access to classified informa�on (as defined in sec�on 604(b)(4)(E)(i)); and
(B) the agency or department cer�fies in wri�ng to the person reselling the report that nondisclosure is
necessary to protect classified informa�on or the safety of persons employed by or contrac�ng with, or
undergoing inves�ga�on for work or contrac�ng with the agency or department.
§ 608. Disclosures to governmental agencies [15 U.S.C. § 1681f]
Notwithstanding the provisions of sec�on 604 [§ 1681b] of this �tle, a consumer repor�ng agency may
furnish iden�fying informa�on respec�ng any consumer, limited to his name, address, former addresses,
places of employment, or former places of employment, to a governmental agency.
§ 609. Disclosures to consumers [15 U.S.C. § 1681g]
(a) Informa�on on file; sources; report recipients. Every consumer repor�ng agency shall, upon request,
and subject to 610(a)(1) [§ 1681h], clearly and accurately disclose to the consumer:
(1) All informa�on in the consumer’s file at the �me of the request except that –
(A) if the consumer to whom the file relates requests that the first 5 digits of the social security number
(or similar iden�fica�on number) of the consumer not be included in the disclosure and the consumer
repor�ng agency has received appropriate proof of the iden�ty of the requester, the consumer repor�ng
agency shall so truncate such number in such disclosure; and
(B) nothing in this paragraph shall be construed to require a consumer repor�ng agency to disclose to a
consumer any informa�on concerning credit scores or any other risk scores or predictors rela�ng to the
consumer.
(2) The sources of the informa�on; except that the sources of informa�on acquired solely for use in
preparing an inves�ga�ve consumer report and actually use for no other purpose need not be
disclosed: Provided, That in the event an ac�on is brought under this �tle, such sources shall be
available to the plain�ff under appropriate discovery procedures in the court in which the ac�on is
brought.
(3) (A) Iden�fica�on of each person (including each end-user iden�fied under sec�on 607(e)(1) [§
1681e]) 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.
116 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(B) An iden�fica�on of a person under subparagraph (A) shall include
(i) the name of the person or, if applicable, the trade name (wri�en 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 con�nued access to classified informa�on (as defined in sec�on
604(b)(4)(E)(i)); and
(ii) the head of the agency or department makes a wri�en finding as prescribed under sec�on
604(b)(4)(A).
(4) The dates, original payees, and amounts of any checks upon which is based any adverse
characteriza�on of the consumer, included in the file at the �me of the disclosure.
(5) A record of all inquiries received by the agency during the 1-year period preceding the request that
iden�fied the consumer in connec�on with a credit or insurance transac�on that was not ini�ated by
the consumer.
(6) If the consumer requests the credit file and not the credit score, a statement that the consumer
may request and obtain a credit score. (b) Exempt informa�on. The requirements of subsec�on (a) of
this sec�on respec�ng the disclosure of sources of informa�on and the recipients of consumer
reports do not apply to informa�on received or consumer reports furnished prior to the effec�ve date
of this �tle except to the extent that the ma�er involved is contained in the files of the consumer
repor�ng agency on that date. (c) Summary of Rights to Obtain and Dispute information in Consumer
Reports and to Obtain Credit Scores
(1) Bureau Summary of Rights Required
(A) In general. The Bureau shall prepare a model summary of the rights of consumers under this �tle.
(B) Content of summary. The summary of rights prepared under subparagraph (A) shall include a
descrip�on of –
(i) the right of a consumer to obtain a copy of a consumer report under subsec�on (a) from each
consumer repor�ng agency;
(ii) the frequency and circumstances under which a consumer is en�tled to receive a consumer report
without charge under sec�on 612;
(iii) the right of a consumer to dispute informa�on in the file of the consumer under sec�on 611;
117 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(iv) the right of a consumer to obtain a credit score from a consumer repor�ng agency, and a
descrip�on of how to obtain a credit score;
(v) the method by which a consumer can contact, and obtain a consumer report from, a consumer
repor�ng agency without charge, as provided in the regula�ons of the Bureau prescribed under
sec�on 211(c) of the Fair and Accurate Credit Transac�ons Act of 2003; and
(vi) the method by which a consumer can contact, and obtain a consumer report from, a
consumerepor�ng agency described in sec�on 603(w), as provided in the regula�ons of the Bureau
prescribed under sec�on 612(a)(1)(C).
(C) Availability of summary of rights. The Bureau shall –
(i) ac�vely publicize the availability of the summary of rights prepared under this paragraph;
(ii) conspicuously post on its Internet website the availability of such summary of rights; and (iii)
promptly make such summary of rights available to consumers, on request.
(2) Summary of rights required to be included with agency disclosures. A consumer repor�ng agency
shall provide to a consumer, with each wri�en disclosure by the agency to the consumer under this
sec�on –
(A) the summary of rights prepared by the Bureau under paragraph (1);
(B) in the case of a consumer repor�ng agency described in sec�on 603(p), a toll-free telephone number
established by the agency, at which personnel are accessible to consumers during normal business hours;
(C) a list of all Federal agencies responsible for enforcing any provision of this �tle, and the address and
any appropriate phone number of each such agency, in a form that will assist the consumer in selec�ng
the appropriate agency;
(D) a statement that the consumer may have addi�onal rights under State law, and that the consumer
may wish to contact a State or local consumer protec�on agency or a State a�orney general (or the
equivalent thereof) to learn of those rights; and
(E) a statement that a consumer repor�ng agency is not required to remove accurate derogatory
informa�on from the file of a consumer, unless the informa�on is outdated under sec�on 605 or cannot
be verified.
(d) Summary of Rights of Iden�ty The� Vic�ms
See also 16 CFR Part 698, App E
69 Fed. Reg. 69776 (11/30/04)
(1) In general. The Bureau, in consulta�on with the Federal banking agencies and the Na�onal Credit
Union Administra�on, shall prepare a model summary of the rights of consumers under this �tle with
respect to the procedures for remedying the effects of fraud or iden�ty the� involving credit, an
electronic fund transfer, or an account or transac�on at or with a financial ins�tu�on or other
creditor.
118 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(2) Summary of rights and contact informa�on. Beginning 60 days a�er the date on which the model
summary of rights is prescribed in final form by the Bureau pursuant to paragraph (1), if any consumer
contacts a consumer repor�ng agency and expresses a belief that the consumer is a vic�m of fraud or
iden�ty the� involving credit, an electronic fund transfer, or an account or transac�on at or with a
financial ins�tu�on or other creditor, the consumer repor�ng agency shall, in addi�on to any other
ac�on that the agency may take, provide the consumer with a summary of rights that contains all of
the informa�on required by the Bureau under paragraph (1), and informa�on on how to contact the
Bureau to obtain more detailed informa�on.
(e) Informa�on Available to Vic�ms (1) In general. For the purpose of documen�ng fraudulent
transac�ons resul�ng from iden�ty the�, not later than 30 days a�er the date of receipt of a request from
a vic�m in accordance with paragraph (3), and subject to verifica�on of the iden�ty of the vic�m and the
claim of iden�ty the� in accordance with paragraph (2), a business en�ty that has provided credit to,
provided for considera�on products, goods, or services to, accepted payment from, or otherwise entered
into a commercial transac�on for considera�on with, a person who has allegedly made unauthorized use
of the means of iden�fica�on of the vic�m, shall provide a copy of applica�on and business transac�on
records in the control of the business en�ty, whether maintained by the business en�ty or by another
person on behalf of the business en�ty, evidencing any transac�on alleged to be a result of iden�ty the�
to –
(A) the vic�m;
(B) any Federal, State, or local government law enforcement agency or officer specified by the vic�m in
such a request; or
(C) Any law enforcement agency inves�ga�ng the iden�ty the� and authorized by the vic�m to take
receipt of records provided under this subsec�on.
(2) Verifica�on of iden�ty and claim. Before a business en�ty provides any informa�on under
paragraph (1), unless the business en�ty, at its discre�on, otherwise has a high degree of confidence
that it knows the iden�ty of the vic�m making a request under paragraph (1), the vic�m shall provide
to the business en�ty – (A) as proof of posi�ve iden�fica�on of the vic�m, at the elec�on of the
business en�ty –
(i) the presenta�on of a government-issued iden�fica�on card;
(ii) personally iden�fying informa�on of the same type as was provided to the business en�ty by the
unauthorized person; or
(iii) personally iden�fying informa�on that the business en�ty typically requests from new applicants
or for new transac�ons, at the �me of the vic�m’s request for informa�on, including any
documenta�on described in clauses (i) and (ii); and
(B) as proof of a claim of iden�ty the�, at the elec�on of the business en�ty –
(i) a copy of a police report evidencing the claim of the vic�m of iden�ty the�; and
119 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(ii) a properly completed – (I) copy of a standardized affidavit of iden�ty the� developed and made
available by the Bureau; or (II) an affidavit of fact that is acceptable to the business en�ty for that
purpose.
(3) Procedures. The request of a vic�m under paragraph (1) shall –
(A) be in wri�ng;
(B) be mailed to an address specified by the business en�ty, if any; and
(C) if asked by the business en�ty, include relevant informa�on about any transac�on alleged to be a
result of iden�ty the� to facilitate compliance with this sec�on including –
(i) if known by the vic�m (or if readily obtainable by the vic�m), the date of the applica�on or
transac�on; and
(ii) if known by the vic�m (or if readily obtainable by the vic�m), any other iden�fying informa�on
such as an account or transac�on number.
(4) No charge to vic�m. Informa�on required to be provided under paragraph (1) shall be so provided
without charge.
(5) Authority to decline to provide informa�on. A business en�ty may decline to provide informa�on
under paragraph (1) if, in the exercise of good faith, the business en�ty determines that – (A) this
subsec�on does not require disclosure of the informa�on; (B) a�er reviewing the informa�on
provided pursuant to paragraph (2), the business en�ty does not have a high degree of confidence in
knowing the true iden�ty of the individual reques�ng the informa�on; (C) the request for the
informa�on is based on a misrepresenta�on of fact by the individual reques�ng the informa�on
relevant to the request for informa�on; or (D the informa�on requested is Internet naviga�onal data
or similar informa�on about a person’s visit to a website or online service.
(6) Limita�on on liability. Except as provided in sec�on 621, sec�ons 616 and 617 do not apply to any
viola�on of this subsec�on.
(7) Limita�on on civil liability. No business en�ty may be held civilly liable under any provision of
Federal, State, or other law for disclosure, made in good faith pursuant to this subsec�on.
(8) No new recordkeeping obliga�on. Nothing in this subsec�on creates an obliga�on on the part of a
business en�ty to obtain, retain, or maintain informa�on or records that are not otherwise required
to be obtained, retained, or maintained in the ordinary course of its business or under other
applicable law.
(9) Rule of Construc�on
(A) In general. No provision of sub�tle A of �tle V of Public Law 106-102, prohibi�ng the disclosure of
financial informa�on by a business en�ty to third par�es shall be used to deny disclosure of informa�on
to the vic�m under this subsec�on.
120 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(B) Limita�on. Except as provided in subparagraph (A), nothing in this subsec�on permits a business en�ty
to disclose informa�on, including informa�on to law enforcement under subparagraphs (B) and (C) of
paragraph (1), that the business en�ty is otherwise prohibited from disclosing under any other applicable
provision of Federal or State law.
(10) Affirma�ve defense. In any civil ac�on brought to enforce this subsec�on, it is an affirma�ve
defense (which the defendant must establish by a preponderance of the evidence) for a business
en�ty to file an affidavit or answer sta�ng that – (A) the business en�ty has made a reasonably diligent
search of its available business records; and (B) the records requested under this subsec�on do not
exist or are not reasonably available.
(11) Defini�on of vic�m. For purposes of this subsec�on, the term “vic�m” means a consumer whose
means of iden�fica�on or financial informa�on has been used or transferred (or has been alleged to
have been used or transferred) without the authority of that consumer, with the intent to commit, or
to aid or abet, an iden�ty the� or a similar crime.
(12) Effec�ve date. This subsec�on shall become effec�ve 180 days a�er the date of enactment of this
subsec�on.
(13) Effec�veness study. Not later than 18 months a�er the date of enactment of this subsec�on, the
Comptroller General of the United States shall submit a report to Congress assessing the effec�veness
of this provision.
(f) Disclosure of Credit Scores
(1) In general. Upon the request of a consumer for a credit score, a consumer repor�ng agency shall
supply to the consumer a statement indica�ng that the informa�on and credit scoring model may be
different than the credit score that may be used by the lender, and a no�ce which shall include –
(A) the current credit score of the consumer or the most recent credit score of the consumer that was
previously calculated by the credit repor�ng agency for a purpose related to the extension of credit;
(B) the range of possible credit scores under the model used;
(C) all of the key factors that adversely affected the credit score of the consumer in the model used, the
total number of which shall not exceed 4, subject to paragraph (9);
D) the date on which the credit score was created; and
(E) the name of the person or en�ty that provided the credit score or credit file upon which the credit
score was created
(2) Defini�ons. For purposes of this subsec�on, the following defini�ons shall apply:
(A) The term “credit score”
121 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(i) means a numerical value or a categoriza�on derived from a sta�s�cal tool or modeling system used
by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors,
including default (and the numerical value or the categoriza�on derived from such analysis may also
be referred to as a “risk predictor” or “risk score”); and
(ii) does not include
(I) any mortgage score or rating of an automated underwriting system that considers one or more factors in
addition to credit information, including the loan to value ratio, the amount of down payment, or the financial
assets of a consumer; or
(II) any other elements of the underwriting process or underwriting decision.
(B) The term “key factors” means all relevant elements or reasons adversely affec�ng the credit score for
the par�cular individual, listed in the order of their importance based on their effect on the credit score.
(3) Timeframe and manner of disclosure. The informa�on required by this subsec�on shall be
provided in the same �meframe and manner as the informa�on described in subsec�on (a).
(4) Applicability to certain uses. This subsec�on shall not be construed so as to compel a consumer
repor�ng agency to develop or disclose a score if the agency does not –
(A) distribute scores that are used in connec�on with residen�al real property loans; or
(B) develop scores that assist credit providers in understanding the general credit behavior of a consumer
and predic�ng the future credit behavior of the consumer.
(5) Applicability to credit scores developed by another person. (A) In general. This subsec�on shall not be
construed to require a consumer repor�ng agency that distributes credit scores developed by another
person or en�ty to provide a further explana�on of them, or to process a dispute arising pursuant to
sec�on 611, except that the consumer repor�ng agency shall provide the consumer with the name and
address and website for contac�ng the person or en�ty who developed the score or developed the
methodology of the score. (B) Excep�on. This paragraph shall not apply to a consumer repor�ng agency
that develops or modifies scores that are developed by another person or en�ty.
(6) Maintenance of credit scores not required. This subsec�on shall not be construed to require a
consumer repor�ng agency to maintain credit scores in its files.
(7) Compliance in certain cases. In complying with this subsec�on, a consumer repor�ng agency shall
(A) supply the consumer with a credit score that is derived from a credit scoring model that is widely
distributed to users by that consumer repor�ng agency in connec�on with residen�al real property loans
or with a credit score that assists the consumer in understanding the credit scoring assessment of the
credit behavior of the consumer and predic�ons about the future credit behavior of the consumer; and
(B) a statement indica�ng that the informa�on and credit scoring model may be different than that used
by the lender. (8) Fair and reasonable fee. A consumer repor�ng agency may charge a fair and reasonable
fee, as determined by the Bureau, for providing the informa�on required under this subsec�on.
See also 69 Fed. Reg. 64698 (11/08/04)
122 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(9) Use of enquiries as a key factor. If a key factor that adversely affects the credit score of a consumer
consists of the number of enquiries made with respect to a consumer report, that factor shall be included
in the disclosure pursuant to paragraph (1)(C) without regard to the numerical limita�on in such
paragraph.
(g) Disclosure of Credit Scores by Certain Mortgage Lenders
(1) In general. Any person who makes or arranges loans and who uses a consumer credit score, as
defined in subsec�on (f), in connec�on with an applica�on ini�ated or sought by a consumer for a
closed end loan or the establishment of an open end loan for a consumer purpose that is secured by
1 to 4 units of residen�al real property (herea�er in this subsec�on referred to as the “lender”) shall
provide the following to the consumer as soon as reasonably prac�cable:
(A) Informa�on Required under Subsec�on (f)
(i) In general. A copy of the informa�on iden�fied in subsec�on (f) that was obtained from a consumer
repor�ng agency or was developed and used by the user of the informa�on.
(ii) No�ce under subparagraph (D). In addi�on to the informa�on provided to it by a third party that
provided the credit score or scores, a lender is only required to provide the no�ce contained in
subparagraph (D).
(B) Disclosures in Case of Automated Underwri�ng System
(i) In general. If a person that is subject to this subsec�on uses an automated underwri�ng system to
underwrite a loan, that person may sa�sfy the obliga�on to provide a credit score by disclosing a
credit score and associated key factors supplied by a consumer repor�ng agency.
(ii) Numerical credit score. However, if a numerical credit score is generated by an automated
underwri�ng system used by an enterprise, and that score is disclosed to the person, the score shall
be disclosed to the consumer consistent with subparagraph (c).
(iii) Enterprise defined. For purposes of this subparagraph, the term “enterprise” has the same
meaning as in paragraph (6) of sec�on 1303 of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992. (C) Disclosures of credit scores not obtained from a consumer repor�ng
agency. A person that is subject to the provisions of this subsec�on and that uses a credit score, other
than a credit score provided by a consumer repor�ng agency, may sa�sfy the obliga�on to provide a
credit score by disclosing a credit score and associated key factors supplied by a consumer repor�ng
agency.
(D) No�ce to home loan applicants. A copy of the following no�ce, which shall include the name, address,
and telephone number of each consumer repor�ng agency providing a credit score that was used:
“Notice To The Home Loan Applicant
123 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
“In connec�on with your applica�on for a home loan, the lender must disclose to you the score that a
consumer repor�ng agency distributed to users and the lender used in connec�on with your home loan,
and the key factors affec�ng your credit scores.
“The credit score is a computer generated summary calculated at the �me of the request and based on
informa�on that a consumer repor�ng agency or lender has on file. The scores are based on data about
your credit history and payment pa�erns. Credit scores are important because they are used to assist the
lender in determining whether you will obtain a loan. They may also be used to determine what interest
rate you may be offered on the mortgage. Credit scores can change over �me, depending on your
conduct, how your credit history and payment pa�erns change, and how credit scoring technologies
change.
“Because the score is based on informa�on in your credit history, it is very important that you review the
credit-related informa�on that is being furnished to make sure it is accurate. Credit records may vary
from one company to another. “If you have ques�ons about your credit score or the credit informa�on
that is furnished to you, contact the consumer repor�ng agency at the address and telephone number
provided with this no�ce, or contact the lender, if the lender developed or generated the credit score. The
consumer repor�ng agency plays no part in the decision to take any ac�on on the loan applica�on and is
unable to provide you with specific reasons for the decision on a loan applica�on.
“If you have ques�ons concerning the terms of the loan, contact the lender.”
(E) Ac�ons not required under this subsec�on. This subsec�on shall not require any person to
(i) explain the informa�on provided pursuant to subsec�on (f);
(ii disclose any informa�on other than a credit score or key factors, as defined in subsec�on (f);
(iii) disclose any credit score or related informa�on obtained by the user a�er a loan has closed;
(iv) provide more than 1 disclosure per loan transac�on; or
(v) provide the disclosure required by this subsec�on when another person has made the disclosure
to the consumer for that loan transac�on.
(F) No Obliga�on for Content
(i) In general. The obliga�on of any person pursuant to this subsec�on shall be limited solely to
providing a copy of the informa�on that was received from the consumer repor�ng agency.
ii) Limit on liability. No person has liability under this subsec�on for the content of that informa�on or
for the omission of any informa�on within the report provided by the consumer repor�ng agency.
(G) Person defined as excluding enterprise. As used in this subsec�on, the term “person” does not include
an enterprise (as defined in paragraph
124 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(6) of sec�on 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992).
(2) Prohibi�on on Disclosure Clauses Null and Void
(A) In general. Any provision in a contract that prohibits the disclosure of a credit score by a person who
makes or arranges loans or a consumer repor�ng agency is void.
(B) No liability for disclosure under this subsec�on. A lender shall not have liability under any contractual
provision for disclosure of a credit score pursuant to this subsec�on.
§ 610. Condi�ons and form of disclosure to consumers [15 U.S.C. § 1681h] (a)
In General
(1) Proper iden�fica�on. A consumer repor�ng agency shall require, as a condi�on of making the
disclosures required under sec�on 609 [§ 1681g], that the consumer furnish proper iden�fica�on.
(2) Disclosure in wri�ng. Except as provided in subsec�on (b), the disclosures required to be made
under sec�on 609 [§ 1681g] shall be provided under that sec�on in wri�ng.
(b) Other Forms of Disclosure
(1) In general. If authorized by a consumer, a consumer repor�ng agency may make the disclosures
required under 609 [§ 1681g]
(A) other than in wri�ng; 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 sec�on 609 [§
1681g] shall be made (A) in person, upon the appearance of the consumer at the place of business of
the consumer repor�ng agency where disclosures are regularly provided, during normal business
hours, and on reasonable no�ce;
(B) by telephone, if the consumer has made a wri�en 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.
125 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(c) Trained personnel. Any consumer repor�ng agency shall provide trained personnel to explain to the
consumer any informa�on furnished to him pursuant to sec�on 609 [§ 1681g] of this �tle.
(d) Persons accompanying consumer. The consumer shall be permi�ed to be accompanied by one other
person of his choosing, who shall furnish reasonable iden�fica�on. A consumer repor�ng agency may
require the consumer to furnish a wri�en statement gran�ng permission to the consumer repor�ng
agency to discuss the consumer’s file in such person’s presence.
(e) Limita�on of liability. Except as provided in sec�ons 616 and 617 [§§ 1681n and 1681o] of this �tle, no
consumer may bring any ac�on or proceeding in the nature of defama�on, invasion of privacy, or
negligence with respect to the repor�ng of informa�on against any consumer repor�ng agency, any user
of informa�on, or any person who furnishes informa�on to a consumer repor�ng agency, based on
informa�on disclosed pursuant to sec�on 609, 610, or 615 [§§ 1681g, 1681h, or 1681m] of this �tle or
based on informa�on disclosed by a user of a consumer report to or for a consumer against whom the
user has taken adverse ac�on, based in whole or in part on the report, except as to false informa�on
furnished with malice or willful intent to injure such consumer.
§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]
(a) Reinves�ga�ons of Disputed Informa�on
(1) Reinves�ga�on Required
(A) In general. Subject to subsec�on (f), and except as provided in subsec�on (g) if the completeness or
accuracy of any item of informa�on contained in a consumer’s file at a consumer repor�ng agency is
disputed by the consumer and the consumer no�fies the agency directly, or indirectly through a reseller,
of such dispute, the agency shall, free of charge, conduct a reasonable reinves�ga�on to determine
whether the disputed informa�on is inaccurate and record the current status of the disputed informa�on,
or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period
beginning on the date on which the agency receives the no�ce of the dispute from the consumer or
reseller.
(B) Extension of period to reinves�gate. Except as provided in subparagraph (c), the 30-day period
described in subparagraph (A) may be extended for not more than 15 addi�onal days if the consumer
repor�ng agency receives informa�on from the consumer during that 30-day period that is relevant to
the reinves�ga�on.
(C) Limita�ons on extension of period to reinves�gate. Subparagraph (B) shall not apply to any
reinves�ga�on in which, during the 30-day period described in subparagraph (A), the informa�on that is
the subject of the reinves�ga�on is found to be inaccurate or incomplete or the consumer repor�ng
agency determines that the informa�on cannot be verified.
(2) Prompt No�ce of Dispute to Furnisher of Informa�on
126 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(A) In general. Before the expira�on of the 5-business-day period beginning on the date on which a
consumer repor�ng agency receives no�ce of a dispute from any consumer or a reseller in accordance
with paragraph (1), the agency shall provide no�fica�on of the dispute to any person who provided any
item of informa�on in dispute, at the address and in the manner established with the person. The no�ce
shall include all relevant informa�on regarding the dispute that the agency has received from the
consumer or reseller.
(B) Provision of other informa�on. The consumer repor�ng agency shall promptly provide to the person
who provided the informa�on in dispute all relevant informa�on regarding the dispute that is received by
the agency from the consumer or the reseller a�er the period referred to in subparagraph (A) and before
the end of the period referred to in paragraph (1)(A).
(3) Determina�on That Dispute Is Frivolous or Irrelevant
(A) In general. Notwithstanding paragraph (1), a consumer repor�ng agency may terminate a
reinves�ga�on of informa�on disputed by a consumer under that paragraph if the agency reasonably
determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by
a consumer to provide sufficient informa�on to inves�gate the disputed informa�on.
(B) No�ce of determina�on. Upon making any determina�on in accordance with subparagraph (A) that a
dispute is frivolous or irrelevant, a consumer repor�ng agency shall no�fy the consumer of such
determina�on not later than 5 business days a�er making such determina�on, by mail or, if authorized by
the consumer for that purpose, by any other means available to the agency.
(C) Contents of no�ce. A no�ce under subparagraph (B) shall include (i) the reasons for the determina�on
under subparagraph (A); and (ii)i den�fica�on of any informa�on required to inves�gate the disputed
informa�on, which may consist of a standardized form describing the general nature of such informa�on.
(4) Considera�on of consumer informa�on. In conduc�ng any reinves�ga�on under paragraph (1) with
respect to disputed informa�on in the file of any consumer, the consumer repor�ng agency shall review
and consider all relevant informa�on submi�ed by the consumer in the period described in paragraph
(1)(A) with respect to such disputed informa�on. (5) Treatment of Inaccurate or Unverifiable Informa�on
(A) In general. If, a�er any reinves�ga�on under paragraph (1) of any informa�on disputed by a
consumer, an item of the informa�on is found to be inaccurate or incomplete or cannot be verified, the
consumer repor�ng agency shall –
(i) promptly delete that item of informa�on from the file of the consumer, or modify that item of
informa�on, as appropriate, based on the results of the reinves�ga�on; and
(ii) promptly no�fy the furnisher of that informa�on that the informa�on has been modified or
deleted from the file of the consumer.
(4) Considera�on of consumer informa�on. In conduc�ng any reinves�ga�on under paragraph (1)
with respect to disputed informa�on in the file of any consumer, the consumer repor�ng agency shall
review and consider all relevant informa�on submi�ed by the consumer in the period described in
paragraph (1)(A) with respect to such disputed informa�on.
(5) Treatment of Inaccurate or Unverifiable Informa�on
127 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(A) In general. If, a�er any reinves�ga�on under paragraph (1) of any informa�on disputed by a
consumer, an item of the informa�on is found to be inaccurate or incomplete or cannot be verified, the
consumer repor�ng agency shall – (i) promptly delete that item of informa�on from the file of the
consumer, or modify that item of informa�on, as appropriate, based on the results of the reinves�ga�on;
and (ii) promptly no�fy the furnisher of that informa�on that the informa�on has been modified or
deleted from the file of the consumer.
(B) Requirements Rela�ng to Reinser�on of Previously Deleted Material
(i) Cer�fica�on of accuracy of informa�on. If any informa�on is deleted from a consumer’s file
pursuant to subparagraph (A), the informa�on may not be reinserted in the file by the consumer
repor�ng agency unless the person who furnishes the informa�on cer�fies that the informa�on is
complete and accurate.
(ii) No�ce to consumer. If any informa�on that has been deleted from a consumer’s file pursuant to
subparagraph (A) is reinserted in the file, the consumer repor�ng agency shall no�fy the consumer of
the reinser�on in wri�ng not later than 5 business days a�er the reinser�on or, if authorized by the
consumer for that purpose, by any other means available to the agency.
(iii) Addi�onal informa�on. As part of, or in addi�on to, the no�ce under clause (ii), a consumer
repor�ng agency shall provide to a consumer in wri�ng not later than 5 business days a�er the date
of the reinser�on (I) a statement that the disputed informa�on has been reinserted; (II) the business
name and address of any furnisher of informa�on contacted and the telephone number of such
furnisher, if reasonably available, or of any furnisher of informa�on that contacted the consumer
repor�ng agency, in connec�on with the reinser�on of such informa�on; and (III) a no�ce that the
consumer has the right to add a statement to the consumer’s file dispu�ng the accuracy or
completeness of the disputed informa�on.
(C) Procedures to prevent reappearance. A consumer repor�ng agency shall maintain reasonable
procedures designed to prevent the reappearance in a consumer’s file, and in consumer reports on the
consumer, of informa�on that is deleted pursuant to this paragraph (other than informa�on that is
reinserted in accordance with subparagraph (B)(i)).
(D) Automated reinves�ga�on system. Any consumer repor�ng agency that compiles and maintains files
on consumers on a na�onwide basis shall implement an automated system through which furnishers of
informa�on to that consumer repor�ng agency may report the results of a reinves�ga�on that finds
incomplete or inaccurate informa�on in a consumer’s file to other such consumer repor�ng agencies.
(6) No�ce of Results of Reinves�ga�on
(A) In general. A consumer repor�ng agency shall provide wri�en no�ce to a consumer of the results of a
reinves�ga�on under this subsec�on not later than 5 business days a�er the comple�on of the
reinves�ga�on, by mail or, if authorized by the consumer for that purpose, by other means available to
the agency.
128 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(B) Contents. As part of, or in addi�on to, the no�ce under subparagraph (A), a consumer repor�ng
agency shall provide to a consumer in wri�ng before the expira�on of the 5-day period referred to in
subparagraph (A)
(i) a statement that the reinves�ga�on is completed;
(ii) a consumer report that is based upon the consumer’s file as that file is revised as a result of the
reinves�ga�on;
(iii) a no�ce that, if requested by the consumer, a descrip�on of the procedure used to determine the
accuracy and completeness of the informa�on shall be provided to the consumer by the agency,
including the business name and address of any furnisher of informa�on contacted in connec�on with
such informa�on and the telephone number of such furnisher, if reasonably available;
(iv) a no�ce that the consumer has the right to add a statement to the consumer’s file dispu�ng the
accuracy or completeness of the informa�on; and
(v) a no�ce that the consumer has the right to request under subsec�on (d) that the consumer
repor�ng agency furnish no�fica�ons under that subsec�on. (7) Descrip�on of reinves�ga�on
procedure. A consumer repor�ng agency shall provide to a consumer a descrip�on referred to in
paragraph (6)(B)(iii) by not later than 15 days a�er receiving a request from the consumer for that
descrip�on. (8) Expedited dispute resolu�on. If a dispute regarding an item of informa�on in a
consumer’s file at a consumer repor�ng agency is resolved in accordance with paragraph (5)(A) by the
dele�on of the disputed informa�on by not later than 3 business days a�er the date
(7) Descrip�on of reinves�ga�on procedure. A consumer repor�ng agency shall provide to a
consumer a descrip�on referred to in paragraph (6)(B)(iii) by not later than 15 days a�er receiving a
request from the consumer for that descrip�on.
(8) Expedited dispute resolu�on. If a dispute regarding an item of informa�on in a consumer’s file at
a consumer repor�ng agency is resolved in accordance with paragraph (5)(A) by the dele�on of the
disputed informa�on by not later than 3 business days a�er the date on which the agency receives
no�ce of the dispute from the consumer in accordance with paragraph (1)(A), then the agency shall
not be required to comply with paragraphs (2), (6), and (7) with respect to that dispute if the agency
(A) provides prompt no�ce of the dele�on to the consumer by telephone;
(B) includes in that no�ce, or in a wri�en no�ce that accompanies a confirma�on and consumer report
provided in accordance with subparagraph (C), a statement of the consumer’s right to request under
subsec�on (d) that the agency furnish no�fica�ons under that subsec�on; and
(C) provides wri�en confirma�on of the dele�on and a copy of a consumer report on the consumer that
is based on the consumer’s file a�er the dele�on, not later than 5 business days a�er making the dele�on.
129 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(b) Statement of dispute. If the reinves�ga�on does not resolve the dispute, the consumer may file a brief
statement se�ng forth the nature of the dispute. The consumer repor�ng agency may limit such
statements to not more than one hundred words if it provides the consumer with assistance in wri�ng a
clear summary of the dispute.
(c) No�fica�on of consumer dispute in subsequent consumer reports. Whenever a statement of a dispute
is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer
repor�ng agency shall, in any subsequent report containing the informa�on in ques�on, clearly note that
it is disputed by the consumer and provide either the consumer’s statement or a clear and accurate
codifica�on or summary thereof.
(d) No�fica�on of dele�on of disputed informa�on. Following any dele�on of informa�on which is found
to be inaccurate or whose accuracy can no longer be verified or any nota�on as to disputed informa�on,
the consumer repor�ng agency shall, at the request of the consumer, furnish no�fica�on that the item
has been deleted or the statement, codifica�on or summary pursuant to subsec�on (b) or (c) of this
sec�on to any person specifically designated by the consumer who has within two years prior thereto
received a consumer report for employment purposes, or within six months prior thereto received a
consumer report for any other purpose, which contained the deleted or disputed informa�on.
(e) Treatment of Complaints and Report to Congress
(1) In general. The Bureau shall –
(A) compile all complaints that it receives that a file of a consumer that is maintained by a consumer
repor�ng agency described in sec�on 603(p) contains incomplete or inaccurate informa�on, with respect
to which, the consumer appears to have disputed the completeness or accuracy with the consumer
repor�ng agency or otherwise u�lized the procedures provided by subsec�on (a); and
(B) transmit each such complaint to each consumer repor�ng agency involved.
(2) Exclusion. Complaints received or obtained by the Bureau pursuant to its inves�ga�ve authority
under the Consumer Financial Protec�on Act of 2010 shall not be subject to paragraph (1).
(3) Agency responsibili�es. Each consumer repor�ng agency described in sec�on 603(p) that receives
a complaint transmi�ed by the Bureau pursuant to paragraph (1) shall
(A) review each such complaint to determine whether all legal obliga�ons imposed on the consumer
repor�ng agency under this �tle (including any obliga�on imposed by an applicable court or
administra�ve order) have been met with respect to the subject ma�er of the complaint;
(B) provide reports on a regular basis to the Bureau regarding the determina�ons of and ac�ons taken by
the consumer repor�ng agency, if any, in connec�on with its review of such complaints; and
(C) maintain, for a reasonable �me period, records regarding the disposi�on of each such complaint that
is sufficient to demonstrate compliance with this subsec�on.
130 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(4) Rulemaking authority. The Bureau may prescribe regula�ons, as appropriate to implement this
subsec�on.
(5) Annual report. The Bureau shall submit to the Commi�ee on Banking, Housing, and Urban Affairs
of the Senate and the Commi�ee on Financial Services of the House of Representa�ves an annual
report regarding informa�on gathered by the Bureau under this subsec�on.
(f) Reinves�ga�on Requirement Applicable to Resellers
(1) Exemp�on from general reinves�ga�on requirement. Except as provided in paragraph (2), a
reseller shall be exempt from the requirements of this sec�on.
(2) Ac�on required upon receiving no�ce of a dispute. If a reseller receives a no�ce from a consumer
of a dispute concerning the completeness or accuracy of any item of informa�on contained in a
consumer report on such consumer produced by the reseller, the reseller shall, within 5 business days
of receiving the no�ce, and free of charge –
(A) determine whether the item of informa�on is incomplete or inaccurate as a result of an act or
omission of the reseller; and
(B) (i) if the reseller determines that the item of informa�on is incomplete or inaccurate as a result of
an act or omission of the reseller, not later than 20 days a�er receiving the no�ce, correct the
informa�on in the consumer report or delete it; or
(ii) if the reseller determines that the item of informa�on is not incomplete or inaccurate as a result
of an act or omission of the reseller, convey the no�ce of the dispute, together with all relevant
informa�on provided by the consumer, to each consumer repor�ng agency that provided the reseller
with the informa�on that is the subject of the dispute, using an address or a no�fica�on mechanism
specified by the consumer repor�ng agency for such no�ces.
(3) Responsibility of consumer repor�ng agency to no�fy consumer through reseller. Upon the
comple�on of a reinves�ga�on under this sec�on of a dispute concerning the completeness or
accuracy of any informa�on in the file of a consumer by a consumer repor�ng agency that received
no�ce of the dispute from a reseller under paragraph (2)
(A) the no�ce by the consumer repor�ng agency under paragraph (6), (7), or (8) of subsec�on (a) shall be
provided to the reseller in lieu of the consumer; and (B) the reseller shall immediately reconvey such
no�ce to the consumer, including any no�ce of a dele�on by telephone in the manner required under
paragraph (8)(A).
(4) Reseller reinves�ga�ons. No provision of this subsec�on shall be construed as prohibi�ng a
reseller from conduc�ng a reinves�ga�on of a consumer dispute directly.
131 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(g) Dispute Process for Veteran’s Medical Debt
(1) In general. With respect to a veteran’s medical debt, the veteran may submit a no�ce described in
paragraph (2), proof of liability of the Department of Veterans Affairs for payment of that debt, or
documenta�on that the Department of Veterans Affairs is in the process of making payment for
authorized hospital care, medical services, or extended care services rendered to a consumer
repor�ng agency or a reseller to dispute the inclusion of that debt on a consumer report of the
veteran.
(2) No�fica�on to veteran. The Department of Veterans Affairs shall submit to a veteran a no�ce that
the Department of Veterans Affairs has assumed liability for part or all of a veteran’s medical debt.
(3) Dele�on of informa�on from file. If a consumer repor�ng agency receives no�ce, proof of liability,
or documenta�on under paragraph (1), the consumer repor�ng agency shall delete all informa�on
rela�ng to the veteran’s medical debt from the file of the veteran and no�fy the furnisher and the
veteran of that dele�on.
§ 612. Charges for certain disclosures [15 U.S.C. § 1681j]
See also 16 CFR Part 610
69 Fed. Reg. 35467 (06/24/04)
75 Fed. Reg. 9726 (03/03/10)
(a) Free Annual Disclosure
(1) Na�onwide Consumer Repor�ng Agencies
(A) In general. All consumer repor�ng agencies described in subsec�ons (p) and (w) of sec�on 603 shall
make all disclosures pursuant to sec�on 609 once during any 12-month period upon request of the
consumer and without charge to the consumer.
(B) Centralized source. Subparagraph (A) shall apply with respect to a consumer repor�ng agency
described in sec�on 603(p) only if the request from the consumer is made using the centralized source
established for such purpose in accordance with sec�on 211(c) of the Fair and Accurate Credit
Transac�ons Act of 2003.
(C) Na�onwide Specialty Consumer Repor�ng Agency
(i) In general. The Bureau shall prescribe regula�ons applicable to each consumer repor�ng agency
described in sec�on 603(w) to require the establishment of a streamlined process for consumers to
request consumer reports under subparagraph (A), which shall include, at a minimum, the
establishment by each such agency of a tollfree telephone number for such requests.
(ii) Considera�ons. In prescribing regula�ons under clause (i), the Bureau shall consider –
132 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(I) the significant demands that may be placed on consumer reporting agencies in providing such
consumer reports;
(II) appropriate means to ensure that consumer reporting agencies can satisfactorily meet those
demands, including the efficacy of a system of staggering the availability to consumers of such
consumer reports; and
(III) the ease by which consumers should be able to contact consumer reporting agencies with respect
to access to such consumer reports.
(iii)7 Date of issuance. The Bureau shall issue the regula�ons required by this subparagraph in final
form not later than 6 months a�er the date of enactment of the Fair and Accurate Credit Transac�ons
Act of 2003.
(iv)7 Considera�on of ability to comply. The regula�ons of the Bureau under this subparagraph shall
establish an effec�ve date by which each na�onwide specialty consumer repor�ng agency (as defined
in sec�on 603(w)) shall be required to comply with subsec�on (a), which effec�ve date –
(I) shall be established after consideration of the ability of each nationwide specialty consumer
reporting agency to comply with subsection (a); and
(II) shall be not later than 6 months after the date on which such regulations are issued in final form
(or such additional period not to exceed 3 months, as the Bureau determines appropriate).
(2) Timing. A consumer repor�ng agency shall provide a consumer report under paragraph (1) not
later than 15 days a�er the date on which the request is received under paragraph (1).
(3) Reinves�ga�ons. Notwithstanding the �me periods specified in sec�on 611(a)(1), a reinves�ga�on
under that sec�on by a consumer repor�ng agency upon a request of a consumer that is made a�er
receiving a consumer report under this subsec�on shall be completed not later than 45 days a�er the
date on which the request is received.
7 Subsections 612(a)(1)(C)(iii) and (iv) are obsolete. They relate to the to the issuance and effective dates of the
“free report” rules that the 2003 FACT Act required the Commission to publish. The rules were published on time
in June 2004 and updated in March 2010. The subsections appear as written, including 2010 amendments to the
FCRA that changed “Commission” to “Bureau” (effective July 21, 2011) in several places in the FCRA.
(4) Excep�on for first 12 months of opera�on. This subsec�on shall not apply to a consumer repor�ng
agency that has not been furnishing consumer reports to third par�es on a con�nuing basis during the
12-month period preceding a request under paragraph (1), with respect to consumers residing
na�onwide.
(b) Free disclosure a�er adverse no�ce to consumer. Each consumer repor�ng agency that maintains a
file on a consumer shall make all disclosures pursuant to sec�on 609 [§ 1681g] without charge to the
consumer if, not later than 60 days a�er receipt by such consumer of a no�fica�on pursuant to sec�on
615 [§ 1681m], or of a no�fica�on from a debt collec�on agency affiliated with that consumer repor�ng
agency sta�ng that the consumer’s credit ra�ng may be or has been adversely affected, the consumer
makes a request under sec�on 609 [§ 1681g].
133 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(c) Free disclosure under certain other circumstances. Upon the request of the consumer, a consumer
repor�ng agency shall make all disclosures pursuant to sec�on 609 [§ 1681g] once during any 12-month
period without charge to that consumer if the consumer cer�fies in wri�ng that the consumer
(1) is unemployed and intends to apply for employment in the 60-day period beginning on the date on
which the cer�fica�on is made;
(2) is a recipient of public welfare assistance; or
(3) has reason to believe that the file on the consumer at the agency contains inaccurate informa�on
due to fraud.
(d) Free disclosures in connec�on with fraud alerts. Upon the request of a consumer, a consumer
repor�ng agency described in sec�on 603(p) shall make all disclosures pursuant to sec�on 609 without
charge to the consumer, as provided in subsec�ons (a)(2) and (b)(2) of sec�on 605A, as applicable.
(e) Other charges prohibited. A consumer repor�ng agency shall not impose any charge on a consumer
for providing any no�fica�on required by this �tle or making any disclosure required by this �tle, except
as authorized by subsec�on (f).
(f) Reasonable Charges Allowed for Certain Disclosures (1) In general. In the case of a request from a
consumer other than a request that is covered by any of subsec�ons (a) through (d), a consumer repor�ng
agency may impose a reasonable charge on a consumer
(A) for making a disclosure to the consumer pursuant to sec�on 609 [§ 1681g], which charge (i) shall not
exceed $8;8 and (ii) shall be indicated to the consumer before making the disclosure; and
(B) for furnishing, pursuant to 611(d) [§ 1681i], following a reinves�ga�on under sec�on 611(a) [§ 1681i],
a statement, codifica�on, or summary to a person designated by the consumer under that sec�on a�er
the 30-day period beginning on the date of no�fica�on of the consumer under paragraph (6) or (8) of
sec�on 611(a) [§ 1681i] with respect to the reinves�ga�on, which charge (i) shall not exceed the charge
that the agency would impose on each designated recipient for a consumer report; and (ii) shall be
indicated to the consumer before furnishing such informa�on.
(2) Modifica�on of amount. The Bureau shall increase the amount referred to in paragraph (1)(A)(i)
on January 1 of each year, based propor�onally on changes in the Consumer Price Index, with
frac�onal changes rounded to the nearest fi�y cents.8
(g) Preven�on of Decep�ve Marke�ng of Credit Reports
(1) In general. Subject to rulemaking pursuant to sec�on 205(b) of the Credit CARD Act of 2009, any
adver�sement for a free credit report in any medium shall prominently disclose in such adver�sement
that free credit reports are available under Federal law at AnnualCreditReport.com (or such other
source as may be authorized under Federal law).
134 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(2) Television and radio adver�sement. In the case of an adver�sement broadcast by television, the
disclosures required under paragraph (1) shall be included in the audio and visual part of such
adver�sement. In the case of an adver�sement broadcast by televison or radio, the disclosure required
under paragraph (1) shall consist only of the following: “This is not the free credit report provided for by
Federal law.”
8 Pursuant to Section 612(f)(2), the Federal Trade Commission set the maximum charge at $11.00, effective
January 1, 2011. See 75 Fed. Reg. 80817 (Dec. 23, 2010). The Bureau will set the charge for 2012 and later years.
§ 613. Public record informa�on for employment purposes [15 U.S.C. § 1681k]
(a)
In general. A consumer repor�ng agency which furnishes a consumer report for employment purposes
and which for that purpose compiles and reports items of informa�on on consumers which are ma�ers
of public record and are likely to have an adverse effect upon a consumer’s ability to obtain employment
shall
(1) at the �me such public record informa�on is reported to the user of such consumer report, no�fy
the consumer of the fact that public record informa�on is being reported by the consumer repor�ng
agency, together with the name and address of the person to whom such informa�on is being
reported; or
(2) maintain strict procedures designed to insure that whenever public record informa�on which is
likely to have an adverse effect on a consumer’s ability to obtain employment is reported it is
complete and up to date. For purposes of this paragraph, items of public record rela�ng to arrests,
indictments, convic�ons, suits, tax liens, and outstanding judgments shall be considered up to date if
the current public record status of the item at the �me of the report is reported.
(b) Exemp�on for na�onal security inves�ga�ons. Subsec�on (a) does not apply in the case of an agency
or department of the United States Government that seeks to obtain and use a consumer report for
employment purposes, if the head of the agency or department makes a wri�en finding as prescribed
under sec�on 604(b)(4)(A).
§ 614. Restric�ons on inves�ga�ve consumer reports [15 U.S.C. § 1681l]
Whenever a consumer repor�ng agency prepares an inves�ga�ve consumer report, no adverse
informa�on in the consumer report (other than informa�on which is a ma�er of public record) may be
included in a subsequent consumer report unless such adverse informa�on has been verified in the
process of making such subsequent consumer report, or the adverse informa�on was received within the
three-month period preceding the date the subsequent report is furnished.
§ 615. Requirements on users of consumer reports [15 U.S.C. § 1681m]
(a) Du�es of users taking adverse ac�ons on the basis of informa�on contained in consumer reports. If
any person takes any adverse ac�on with respect to any consumer that is based in whole or in part on any
informa�on contained in a consumer report, the person shall
135 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(1) provide oral, wri�en, or electronic no�ce of the adverse ac�on to the consumer;
(2) provide to the consumer wri�en or electronic disclosure (A) of a numerical credit score as defined
in sec�on 609(f)(2)
(A) used by such person in taking any adverse ac�on based in whole or in part on any informa�on in a
consumer report; and (B) of the informa�on set forth in subparagraphs
(B) through (E) of sec�on 609(f)(1);
(3) provide to the consumer orally, in wri�ng, or electronically
(A) the name, address, and telephone number of the consumer repor�ng agency (including a toll-free
telephone number established by the agency if the agency compiles and maintains files on consumers on
a na�onwide basis) that furnished the report to the person; and
(B) a statement that the consumer repor�ng agency did not make the decision to take the adverse ac�on
and is unable to provide the consumer the specific reasons why the adverse ac�on was taken; and
(4) provide to the consumer an oral, wri�en, or electronic no�ce of the consumer’s right
(A) to obtain, under sec�on 612 [§ 1681j], a free copy of a consumer report on the consumer from the
consumer repor�ng agency referred to in paragraph (3), which no�ce shall include an indica�on of the
60-day period under that sec�on for obtaining such a copy; and
(B) to dispute, under sec�on 611 [§ 1681i], with a consumer repor�ng agency the accuracy or
completeness of any informa�on in a consumer report furnished by the agency.
(b) Adverse Ac�on Based on Informa�on Obtained from Third Par�es Other than Consumer Repor�ng
Agencies
(1) In general. Whenever credit for personal, family, or household purposes involving a consumer is
denied or the charge for such credit is increased either wholly or partly because of informa�on
obtained from a person other than a consumer repor�ng agency bearing upon the consumer’s credit
worthiness, credit standing, credit capacity, character, general reputa�on, personal characteris�cs, or
mode of living, the user of such informa�on shall, within a reasonable period of �me, upon the
consumer’s wri�en request for the reasons for such adverse ac�on received within sixty days a�er
learning of such adverse ac�on, disclose the nature of the informa�on to the consumer. The user of
such informa�on shall clearly and accurately disclose to the consumer his right to make such wri�en
request at the �me such adverse ac�on is communicated to the consumer.
(2) Du�es of Person Taking Certain Ac�ons Based on Informa�on Provided by Affiliate
(A) Du�es, generally. If a person takes an ac�on described in subparagraph (B) with respect to a
consumer, based in whole or in part on informa�on described in subparagraph (c), the person shall
136 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(i) no�fy the consumer of the ac�on, including a statement that the consumer may obtain the
informa�on in accordance with clause
(ii); and (ii) upon a wri�en request from the consumer received within 60 days a�er transmi�al of the
no�ce required by clause (i), disclose to the consumer the nature of the informa�on upon which the
ac�on is based by not later than 30 days a�er receipt of the request.
(B) Ac�on described. An ac�on referred to in subparagraph (A) is an adverse ac�on described in sec�on
603(k)(1)(A) [§ 1681a], taken in connec�on with a transac�on ini�ated by the consumer, or any adverse
ac�on described in clause (i) or (ii) of sec�on 603(k)(1)(B) [§ 1681a].
(C) Informa�on described. Informa�on referred to in subparagraph (A)
(i) except as provided in clause
(ii), is informa�on that (I) is furnished to the person taking the ac�on by a person related by common
ownership or affiliated by common corporate control to the person taking the ac�on; and (II) bears on
the credit worthiness, credit standing, credit capacity, character, general reputa�on, personal
characteris�cs, or mode of living of the consumer; and
(ii) does not include
(I) information solely as to transactions or experiences between the consumer and the person
furnishing the information; or
(II) information in a consumer report.
(c) Reasonable procedures to assure compliance. No person shall be held liable for any viola�on of this
sec�on if he shows by a preponderance of the evidence that at the �me of the alleged viola�on he
maintained reasonable procedures to assure compliance with the provisions of this sec�on. (d) Du�es of
Users Making Wri�en Credit or Insurance Solicita�ons on the Basis of Informa�on Contained in Consumer
Files
1) In general. Any person who uses a consumer report on any consumer in connec�on with any credit
or insurance transac�on that is not ini�ated by the consumer, that is provided to that person under
sec�on 604(c)(1)(B) [§ 1681b], shall provide with each wri�en solicita�on made to the consumer
regarding the transac�on a clear and conspicuous statement that
(A) informa�on contained in the consumer’s consumer report was used in connec�on with the
transac�on;
(B) the consumer received the offer of credit or insurance because the consumer sa�sfied the criteria for
credit worthiness or insurability under which the consumer was selected for the offer;
(C) if applicable, the credit or insurance may not be extended if, a�er the consumer responds to the offer,
the consumer does not meet the criteria used to select the consumer for the offer or any applicable
criteria bearing on credit worthiness or insurability or does not furnish any required collateral;
137 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(D) the consumer has a right to prohibit informa�on contained in the consumer’s file with any consumer
repor�ng agency from being used in connec�on with any credit or insurance transac�on that is not
ini�ated by the consumer; and
(E) the consumer may exercise the right referred to in subparagraph (D) by no�fying a no�fica�on system
established under sec�on 604(e) [§ 1681b].
(2) Disclosure of address and telephone number; format. A statement under paragraph (1) shall – (A)
include the address and toll-free telephone number of the appropriate no�fica�on system
established under sec�on 604(e); and
(B) be presented in such format and in such type size and manner as to be simple and easy to understand,
as established by the Bureau, by rule, in consulta�on with the Federal Trade Commission, Federal banking
agencies and the Na�onal Credit Union Administra�on.
See also 16 CFR Part 642
16 CFR Part 698 App A
70 Fed. Reg. 5022 (01/31/05)
(3) Maintaining criteria on file. A person who makes an offer of credit or insurance to a consumer
under a credit or insurance transac�on described in paragraph (1) shall maintain on file the criteria
used to select the consumer to receive the offer, all criteria bearing on credit worthiness or
insurability, as applicable, that are the basis for determining whether or not to extend credit or
insurance pursuant to the offer, and any requirement for the furnishing of collateral as a condi�on of
the extension of credit or insurance, un�l the expira�on of the 3-year period beginning on the date on
which the offer is made to the consumer.
(4) Authority of federal agencies regarding unfair or decep�ve acts or prac�ces not affected. This
sec�on is not intended to affect the authority of any Federal or State agency to enforce a prohibi�on
against unfair or decep�ve acts or prac�ces, including the making of false or misleading statements in
connec�on with a credit or insurance transac�on that is not ini�ated by the consumer.
See also 16 CFR Part 681
72 Fed. Reg. 63772-74 (11/09/07)
74 Fed. Reg. 22640-41 (05/14/09)
(e) Red Flag Guidelines and Regula�ons Required (1)Guidelines. The Federal banking agencies, the
Na�onal Credit Union Administra�on, the Federal Trade Commission, the Commodity Futures Trading
Commission, and the Securi�es and Exchange Commission shall jointly, with respect to the en��es that
are subject to their respec�ve enforcement authority under sec�on 621 –
(A) establish and maintain guidelines for use by each financial ins�tu�on and each creditor regarding
iden�ty the� with respect to account holders at, or customers of, such en��es, and update such
guidelines as o�en as necessary;
(B) prescribe regula�ons requiring each financial ins�tu�on and each creditor to establish reasonable
policies and procedures for implemen�ng the guidelines established pursuant to subparagraph (A), to
iden�fy possible risks to account holders or customers or to the safety and soundness of the ins�tu�on or
customers; and
138 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(C) prescribe regula�ons applicable to card issuers to ensure that, if a card issuer receives no�fica�on of
a change of address for an exis�ng account, and within a short period of �me (during at least the first 30
days a�er such no�fica�on is received) receives a request for an addi�onal or replacement card for the
same account, the card issuer may not issue the addi�onal or replacement card, unless the card issuer, in
accordance with reasonable policies and procedures –
(i) no�fies the cardholder of the request at the former address of the cardholder and provides to the
cardholder a means of promptly repor�ng incorrect address changes;
(ii) no�fies the cardholder of the request by such other means of communica�on as the cardholder
and the card issuer previously agreed to; or
(iii) uses other means of assessing the validity of the change of address, in accordance with reasonable
policies and procedures established by the card issuer in accordance with the regula�ons prescribed
under subparagraph (B). (2) Criteria
(A) In general. In developing the guidelines required by paragraph (1)(A), the agencies described in
paragraph (1) shall iden�fy pa�erns, prac�ces, and specific forms of ac�vity that indicate the possible
existence of iden�ty the�.
(B) Inac�ve accounts. In developing the guidelines required by paragraph (1)(A), the agencies described
in paragraph (1) shall consider including reasonable guidelines providing that when a transac�on occurs
with respect to a credit or deposit account that has been inac�ve for more than 2 years, the creditor or
financial ins�tu�on shall follow reasonable policies and procedures that provide for no�ce to be given to
a consumer in a manner reasonably designed to reduce the likelihood of iden�ty the� with respect to
such account.
(3) Consistency with verifica�on requirements. Guidelines established pursuant to paragraph (1) shall
not be inconsistent with the policies and procedures required under sec�on 5318(l) of �tle 31, United
States Code.
(4) Defini�ons. As used in this subsec�on, the term “creditor” – (A) means a creditor, as defined in
sec�on 702 of the Equal Credit Opportunity Act (15 U.S.C. 1691a), that regularly and in the ordinary
course of business
(i) obtains or uses consumer reports, directly or indirectly, in connec�on with a credit transac�on;
(ii) furnishes informa�on to consumer repor�ng agencies, as described in sec�on 623, in connec�on
with a credit transac�on; or
(iii) advances funds to or on behalf of a person, based on an obliga�on of the person to repay the
funds or repayable from specific property pledged by or on behalf of the person;
139 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(B) does not include a creditor described in subparagraph (A)(iii) that advances funds on behalf of a
person for expenses incidental to a service provided by the creditor to that person; and
(C) includes any other type of creditor, as defined in that sec�on 702, as the agency described in
paragraph (1) having authority over that creditor may determine appropriate by rule promulgated by that
agency, based on a determina�on that such creditor offers or maintains accounts that are subject to a
reasonably foreseeable risk of iden�ty the�.
(f) Prohibi�on on Sale or Transfer of Debt Caused by Iden�ty The�
(1) In general. No person shall sell, transfer for considera�on, or place for collec�on a debt that such
person has been no�fied under sec�on 605B has resulted from iden�ty the�.
(2) pplicability. The prohibi�ons of this subsec�on shall apply to all persons collec�ng a debt described
in paragraph (1) a�er the date of a no�fica�on under paragraph (1).
(3) Rule of construc�on. Nothing in this subsec�on shall be construed to prohibit –
(A) the repurchase of a debt in any case in which the assignee of the debt requires such repurchase
because the debt has resulted from iden�ty the�; (B) the securi�za�on of a debt or the pledging of a
por�olio of debt as collateral in connec�on with a borrowing; or
(C) the transfer of debt as a result of a merger, acquisi�on, purchase and assump�on transac�on, or
transfer of substan�ally all of the assets of an en�ty.
(g) Debt collector communica�ons concerning iden�ty the�. If a person ac�ng as a debt collector (as that
term is defined in �tle VIII) on behalf of a third party that is a creditor or other user of a consumer report
is no�fied that any informa�on rela�ng to a debt that the person is a�emp�ng to collect may be
fraudulent or may be the result of iden�ty the�, that person shall –
(1) no�fy the third party that the informa�on may be fraudulent or may be the result of iden�ty the�;
and
(2) upon request of the consumer to whom the debt purportedly relates, provide to the consumer all
informa�on to which the consumer would otherwise be en�tled if the consumer were not a vic�m of
iden�ty the�, but wished to dispute the debt under provisions of law applicable to that person.
(h) Du�es of Users in Certain Credit Transac�ons
(1) In general. Subject to rules prescribed as provided in paragraph (6), if any person uses a consumer
report in connec�on with an applica�on for, or a grant, extension, or other provision of, credit on
material terms that are materially less favorable than the most favorable terms available to a
substan�al propor�on of consumers from or through that person, based in whole or in part on a
consumer report, the person shall provide an oral, wri�en, or electronic no�ce to the consumer in the
form and manner required by regula�ons prescribed in accordance with this subsec�on.
140 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(2) Timing. The no�ce required under paragraph (1) may be provided at the �me of an applica�on for,
or a grant, extension, or other provision of, credit or the �me of communica�on of an approval of an
applica�on for, or grant, extension, or other provision of, credit, except as provided in the regula�ons
prescribed under paragraph (6). (3) Excep�ons. No no�ce shall be required from a person under this
subsec�on if –
(3) Excep�ons. No no�ce shall be required from a person under this subsec�on if –
(A) the consumer applied for specific material terms and was granted those terms, unless those terms
were ini�ally specified by the person a�er the transac�on was ini�ated by the consumer and a�er the
person obtained a consumer report; or
(B) the person has provided or will provide a no�ce to the consumer under subsec�on (a) in connec�on
with the transac�on.
(4) Other no�ce not sufficient. A person that is required to provide a no�ce under subsec�on (a)
cannot meet that requirement by providing a no�ce under this subsec�on.
(5) Content and delivery of no�ce. A no�ce under this subsec�on shall, at a minimum
(A) include a statement informing the consumer that the terms offered to the consumer are set based on
informa�on from a consumer report;
(B) iden�fy the consumer repor�ng agency furnishing the report;
(C) include a statement informing the consumer that the consumer may obtain a copy of a consumer
report from that consumer repor�ng agency without charge;
(D) include the contact informa�on specified by that consumer repor�ng agency for obtaining such
consumer reports (including a toll-free telephone number established by the agency in the case of a
consumer repor�ng agency described in sec�on 603(p)); and
(E) include a statement informing the consumer of –
(i) a numerical credit score as defined in sec�on 609(f)(2) (A), used by such person in making the credit
decision described in paragraph (1) based in whole or in part on any informa�on in a consumer report;
and
(ii) the informa�on set forth in subparagraphs (B) through (E) of sec�on 609(f)(1).
See also 16 CFR Part 610
75 Fed. Reg. 2724 (01/15/10)
(6) Rulemaking (
A) Rules required. The Bureau shall prescribe rules to carry out this subsec�on.
(B) Content. Rules required by subparagraph (A) shall address, but are not limited to –
141 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(i) the form, content, �me, and manner of delivery of any no�ce under this subsec�on;
(ii) clarifica�on of the meaning of terms used in this subsec�on, including what credit terms are
material, and when credit terms are materially less favorable;
(iii) excep�ons to the no�ce requirement under this subsec�on for classes of persons or transac�ons
regarding which the agencies determine that no�ce would not significantly benefit consumers; (
iv) a model no�ce that may be used to comply with this subsec�on; and
(v) the �ming of the no�ce required under paragraph (1), including the circumstances under which
the no�ce must be provided a�er the terms offered to the consumer were set based on informa�on
from a consumer report.
(7) Compliance. A person shall not be liable for failure to perform the du�es required by this sec�on
if, at the �me of the failure, the person maintained reasonable policies and procedures to comply with
this sec�on.
(8) Enforcement (A) No civil ac�ons. Sec�ons 616 and 617 shall not apply to any failure by any person
to comply with this sec�on. (B) Administra�ve enforcement. This sec�on shall be enforced exclusively
under sec�on 621 by the Federal agencies and officials iden�fied in that sec�on.
§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]
(a) In general. Any person who willfully fails to comply with any requirement imposed under this �tle with
respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than
$100 and not more than $1,000; or
(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or
knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the
failure or $1,000, whichever is greater; (2) such amount of puni�ve damages as the court may allow; and
(3) in the case of any successful ac�on to enforce any liability under this sec�on, the costs of the ac�on
together with reasonable a�orney’s fees as determined by the court.
(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer
repor�ng agency under false pretenses or knowingly without a permissible purpose shall be liable to the
consumer repor�ng agency for actual damages sustained by the consumer repor�ng agency or $1,000,
whichever is greater.
(c) A�orney’s fees. Upon a finding by the court that an unsuccessful pleading, mo�on, or other paper filed
in connec�on with an ac�on under this sec�on was filed in bad faith or for purposes of harassment, the
court shall award to the prevailing party a�orney’s fees reasonable in rela�on to the work expended in
responding to the pleading, mo�on, or other paper.
142 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(d) Clarifica�on of willful noncompliance. For the purposes of this sec�on, any person who printed an
expira�on date on any receipt provided to a consumer cardholder at a point of sale or transac�on
between December 4, 2004, and the date of the enactment of this subsec�on but otherwise complied
with the requirements of sec�on 605(g) for such receipt shall not be in willful noncompliance with sec�on
605(g) by reason of prin�ng such expira�on date on the receipt.
§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]
(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this
�tle with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the failure; and
(2) in the case of any successful ac�on to enforce any liability under this sec�on, the costs of the
ac�on together with reasonable a�orney’s fees as determined by the court.
(b) A�orney’s fees. On a finding by the court that an unsuccessful pleading, mo�on, or other paper filed
in connec�on with an ac�on under this sec�on was filed in bad faith or for purposes of harassment, the
court shall award to the prevailing party a�orney’s fees reasonable in rela�on to the work expended in
responding to the pleading, mo�on, or other paper.
§ 618. Jurisdic�on of courts; limita�on of ac�ons [15 U.S.C. § 1681p]
An ac�on to enforce any liability created under this �tle may be brought in any appropriate United States
district court, without regard to the amount in controversy, or in any other court of competent
jurisdic�on, not later than the earlier of (1) 2 years a�er the date of discovery by the plain�ff of the
viola�on that is the basis for such liability; or (2) 5 years a�er the date on which the viola�on that is the
basis for such liability occurs.
§ 619. Obtaining informa�on under false pretenses [15 U.S.C. § 1681q]
Any person who knowingly and willfully obtains informa�on on a consumer from a consumer repor�ng
agency under false pretenses shall be fined under �tle 18, United States Code, imprisoned for not more
than 2 years, or both.
§ 620. Unauthorized disclosures by officers or employees [15 U.S.C. § 1681r]
Any officer or employee of a consumer repor�ng agency who knowingly and willfully provides
informa�on concerning an individual from the agency’s files to a person not authorized to receive that
informa�on shall be fined under �tle 18, United States Code, imprisoned for not more than 2 years, or
both.
§ 621. Administra�ve enforcement [15 U.S.C. § 1681s]
(a) Enforcement by Federal Trade Commission.
143 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(1) In General. The Federal Trade Commission shall be authorized to enforce compliance with the
requirements imposed by this �tle under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), with
respect to consumer repor�ng agencies and all other persons subject thereto, except to the extent that
enforcement of the requirements imposed under this �tle is specifically commi�ed to some other
Government agency under any of subparagraphs (A) through (G) of subsec�on (b)(1), and subject to
sub�tle B of the Consumer Financial Protec�on Act of 2010, subsec�on (b). For the purpose of the
exercise by the Federal Trade Commission of its func�ons and powers under the Federal Trade
Commission Act, a viola�on of any requirement or prohibi�on imposed under this �tle shall cons�tute an
unfair or decep�ve act or prac�ce in commerce, in viola�on of sec�on 5(a) of the Federal Trade
Commission Act (15 U.S.C. 45(a)), and shall be subject to enforcement by the Federal Trade Commission
under sec�on 5(b) of that Act with respect to any consumer repor�ng agency or person that is subject to
enforcement by the Federal Trade Commission pursuant to this subsec�on, irrespec�ve of whether that
person is engaged in commerce or meets any other jurisdic�onal tests under the Federal Trade
Commission Act. The Federal Trade Commission shall have such procedural, inves�ga�ve, and
enforcement powers, including the power to issue procedural rules in enforcing compliance with the
requirements imposed under this �tle and to require the filing of reports, the produc�on of documents,
and the appearance of witnesses, as though the applicable terms and condi�ons of the Federal Trade
Commission Act were part of this �tle. Any person viola�ng any of the provisions of this �tle shall be
subject to the penal�es and en�tled to the privileges and immuni�es provided in the Federal Trade
Commission Act as though the applicable terms and provisions of such Act are part of this �tle.
(2) Penal�es
(A) Knowing Viola�ons. Except as otherwise provided by sub�tle B of the Consumer Financial Protec�on
Act of 2010, in the event of a knowing viola�on, which cons�tutes a pa�ern or prac�ce of viola�ons of
this �tle, the Federal Trade Commission may commence a civil ac�on to recover a civil penalty in a district
court of the United States against any person that violates this �tle. In such ac�on, such person shall be
liable for a civil penalty of not more than $2,500 per viola�on.9
(B) Determining Penalty Amount. In determining the amount of a civil penalty under subparagraph (A),
the court shall take into account the degree of culpability, any history of such prior conduct, ability to pay,
effect on ability to con�nue to do business, and such other ma�ers as jus�ce may require.
(C) Limita�on. Notwithstanding paragraph (2), a court may not impose any civil penalty on a person for a
viola�on of sec�on 623(a)(1), unless the person has been enjoined from commi�ng the viola�on, or
ordered not to commit the viola�on, in an ac�on or proceeding brought by or on behalf of the Federal
Trade Commission, and has violated the injunc�on or order, and the court may not impose any civil
penalty for any viola�on occurring before the date of the viola�on of the injunc�on or order.
(b) Enforcement by Other Agencies.
(1) In General. Subject to sub�tle B of the Consumer Financial Protec�on Act of 2010, compliance with
the requirements imposed under this �tle with respect to consumer repor�ng agencies, persons who
use consumer reports from such agencies, persons who furnish informa�on to such agencies, and
users of informa�on that are subject to sec�on 615(d) shall be enforced under –
9 Pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, the Federal Trade Commission increased
the maximum civil penalty to $3,500 per violation. See 74 Fed. Reg. 857 (Jan. 9, 2009).
144 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(A) sec�on 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), by the appropriate Federal banking
agency, as defined in sec�on 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), with respect to
–
(i) any na�onal bank or State savings associa�on, and any Federal branch or Federal agency of a
foreign bank;
(ii) any member bank of the Federal Reserve System (other than a na�onal bank), a branch or agency
of a foreign bank (other than a Federal branch, Federal agency, or insured State branch of a foreign
bank), a commercial lending company owned or controlled by a foreign bank, and any organiza�on
opera�ng under sec�on 25 or 25A of the Federal Reserve Act; and
(iii) any bank or Federal savings associa�on insured by the Federal Deposit Insurance Corpora�on
(other than a member of the Federal Reserve System) and any insured State branch of a foreign bank;
(B) the Federal Credit Union Act (12 U.S.C. 1751 et seq.), by the Administrator of the Na�onal Credit Union
Administra�on with respect to any Federal credit union;
(C) sub�tle IV of �tle 49, United States Code, by the Secretary of Transporta�on, with respect to all
carriers subject to the jurisdic�on of the Surface Transporta�on Board;
(D) the Federal Avia�on Act of 1958 (49 U.S.C. App. 1301 et seq.), by the Secretary of Transporta�on, with
respect to any air carrier or foreign air carrier subject to that Act;
(E) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.) (except as provided in sec�on 406 of that
Act), by the Secretary of Agriculture, with respect to any ac�vi�es subject to that Act;
(F) the Commodity Exchange Act, with respect to a person subject to the jurisdic�on of the Commodity
Futures Trading Commission;
(G) the Federal securi�es laws, and any other laws that are subject to the jurisdic�on of the Securi�es and
Exchange Commission, with respect to a person that is subject to the jurisdic�on of the Securi�es and
Exchange Commission; and
(H) sub�tle E of the Consumer Financial Protec�on Act of 2010, by the Bureau, with respect to any person
subject to this �tle.
(2) Incorporated Defini�ons. The terms used in paragraph (1) that are not defined in this �tle or
otherwise defined in sec�on 3(s) of the Federal Deposit Insurance Act (12 U.S.C. 1813(s)) have the
same meanings as in sec�on 1(b) of the Interna�onal Banking Act of 1978 (12 U.S.C. 3101).
(c) State Ac�on for Viola�ons
(1) Authority of states. In addi�on to such other remedies as are provided under State law, if the chief
law enforcement officer of a State, or an official or agency designated by a State, has reason to believe
that any person has violated or is viola�ng this �tle, the State –
145 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(A) may bring an ac�on to enjoin such viola�on in any appropriate United States district court or in any
other court of competent jurisdic�on;
(B) subject to paragraph (5), may bring an ac�on on behalf of the residents of the State to recover
(i) damages for which the person is liable to such residents under sec�ons 616 and 617 [§§ 1681n and
1681o] as a result of the viola�on;
(ii) in the case of a viola�on described in any of paragraphs (1) through (3) of sec�on 623(c) [§
1681s-2], damages for which the person would, but for sec�on 623(c), be liable to such residents as a
result of the viola�on; or
(iii) damages of not more than $1,000 for each willful or negligent viola�on; and
(C) in the case of any successful ac�on under subparagraph (A) or (B), shall be awarded the costs of
the ac�on and reasonable a�orney fees as determined by the court.
(2) Rights of federal regulators. The State shall serve prior wri�en no�ce of any ac�on under
paragraph (1) upon the Bureau and the Federal Trade Commission or the appropriate Federal
regulator determined under subsec�on (b) and provide the Bureau and the Federal Trade
Commission or appropriate Federal regulator with a copy of its complaint, except in any case in which
such prior no�ce is not feasible, in which case the State shall serve such no�ce immediately upon
ins�tu�ng such ac�on. The Bureau and the Federal Trade Commission or appropriate Federal
regulator shall have the right –
(A) to intervene in the ac�on;
(B) upon so intervening, to be heard on all ma�ers arising therein;
(C) to remove the ac�on to the appropriate United States district court; and
(D) to file pe��ons for appeal.
(3) Inves�gatory powers. For purposes of bringing any ac�on under this subsec�on, nothing in this
subsec�on shall prevent the chief law enforcement officer, or an official or agency designated by a
State, from exercising the powers conferred on the chief law enforcement officer or such official by
the laws of such State to conduct inves�ga�ons or to administer oaths or affirma�ons or to compel
the a�endance of witnesses or the produc�on of documentary and other evidence.
(4) Limita�on on state ac�on while federal ac�on pending. If the Bureau, the Federal Trade
Commission, or the appropriate Federal regulator has ins�tuted a civil ac�on or an administra�ve
ac�on under sec�on 8 of the Federal Deposit Insurance Act for a viola�on of this �tle, no State may,
during the pendency of such ac�on, bring an ac�on under this sec�on against any defendant named
in the complaint of the Bureau, the Federal Trade Commission, or the appropriate Federal regulator
for any viola�on of this �tle that is alleged in that complaint.
(5) Limita�ons on State Ac�ons for Certain Viola�ons
146 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(A) Viola�on of injunc�on required. A State may not bring an ac�on against a person under paragraph
(1)(B) for a viola�on described in any of paragraphs (1) through (3) of sec�on 623(c), unless
(i) the person has been enjoined from commi�ng the viola�on, in an ac�on brought by the State
under paragraph (1)(A); and
(ii) the person has violated the injunc�on.
(B) Limita�on on damages recoverable. In an ac�on against a person under paragraph (1)(B) for a
viola�on described in any of paragraphs (1) through (3) of sec�on 623(c), a State may not recover any
damages incurred before the date of the viola�on of an injunc�on on which the ac�on is based.
(d) Enforcement under other authority. For the purpose of the exercise by any agency referred to in
subsec�on (b) of this sec�on of its powers under any Act referred to in that subsec�on, a viola�on of any
requirement imposed under this �tle shall be deemed to be a viola�on of a requirement imposed under
that Act. In addi�on to its powers under any provision of law specifically referred to in subsec�on (b) of
this sec�on, each of the agencies referred to in that subsec�on may exercise, for the purpose of enforcing
compliance with any requirement imposed under this �tle any other authority conferred on it by law.
(e) Regulatory Authority
(1) In General. The Bureau shall prescribe such regula�ons as are necessary to carry out the purposes
of this �tle, except with respect to sec�ons 615(e) and 628. The Bureau may prescribe regula�ons as
may be necessary or appropriate to administer and carry out the purposes and objec�ves of this �tle,
and to prevent evasions thereof or to facilitate compliance therewith. Except as provided in sec�on
1029(a) of the Consumer Financial Protec�on Act of 2010, the regula�ons prescribed by the Bureau
under this �tle shall apply to any person that is subject to this �tle, notwithstanding the enforcement
authori�es granted to other agencies under this sec�on.
(2) Deference. Notwithstanding any power granted to any Federal agency under this �tle, the
deference that a court affords to a Federal agency with respect to a determina�on made by such
agency rela�ng to the meaning or interpreta�on of any provision of this �tle that is subject to the
jurisdic�on of such agency shall be applied as if that agency were the only agency authorized to apply,
enforce, interpret, or administer the provisions of this �tle The regula�ons prescribed by the Bureau
under this �tle shall apply to any person that is subject to this �tle, notwithstanding the enforcement
authori�es granted to other agencies under this sec�on.
(f) Coordina�on of Consumer Complaint Inves�ga�ons
(1) In general. Each consumer repor�ng agency described in sec�on 603(p) shall develop and maintain
procedures for the referral to each other such agency of any consumer complaint received by the
agency alleging iden�ty the�, or reques�ng a fraud alert under sec�on 605A or a block under sec�on
605B.
(2) Model form and procedure for repor�ng iden�ty the�. The Bureau, in consulta�on with the
Federal Trade Commission, the Federal banking agencies, and the Na�onal Credit Union
Administra�on, shall develop a model form and model procedures to be used by consumers who are
vic�ms of iden�ty the� for contac�ng and informing creditors and consumer repor�ng agencies of
the fraud.
See also 70 Fed.Reg. 21792 (04/27/05)
147 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(3) Annual summary reports. Each consumer repor�ng agency described in sec�on 603(p) shall submit an
annual summary report to the Bureau on consumer complaints received by the agency on iden�ty the�
or fraud alerts.
(g) Bureau regula�on of coding of trade names. If the Bureau determines that a person described in
paragraph (9) of sec�on 623(a) has not met the requirements of such paragraph, the Bureau shall take
ac�on to ensure the person’s compliance with such paragraph, which may include issuing model guidance
or prescribing reasonable policies and procedures, as necessary to ensure that such person complies with
such paragraph.
§ 622. Informa�on on overdue child support obliga�ons [15 U.S.C. § 1681s-1]
Notwithstanding any other provision of this �tle, a consumer repor�ng agency shall include in any
consumer report furnished by the agency in accordance with sec�on 604 [§ 1681b] of this �tle, any
informa�on on the failure of the consumer to pay overdue support which
(1) is provided
(A) to the consumer repor�ng agency by a State or local child support enforcement agency; or
(B) to the consumer repor�ng agency and verified by any local, State, or Federal government agency; and
(2) antedates the report by 7 years or less.
§ 623. Responsibili�es of furnishers of informa�on to consumer repor�ng
agencies [15 U.S.C. § 1681s-2]
(a) Duty of Furnishers of Informa�on to Provide Accurate Informa�on
(1) Prohibi�on
(A) Repor�ng informa�on with actual knowledge of errors. A person shall not furnish any informa�on
rela�ng to a consumer to any consumer repor�ng agency if the person knows or has reasonable cause to
believe that the informa�on is inaccurate.
(B) Repor�ng informa�on a�er no�ce and confirma�on of errors. A person shall not furnish informa�on
rela�ng to a consumer to any consumer repor�ng agency if
(i) the person has been no�fied by the consumer, at the address specified by the person for such
no�ces, that specific informa�on is inaccurate; and
(ii) the informa�on is, in fact, inaccurate.
(C) No address requirement. A person who clearly and conspicuously specifies to the consumer an
address for no�ces referred to in subparagraph (B) shall not be subject to subparagraph (A); however,
nothing in subparagraph (B) shall require a person to specify such an address.
148 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(D) Defini�on. For purposes of subparagraph (A), the term “reasonable cause to believe that the
informa�on is inaccurate” means having specific knowledge, other than solely allega�ons by the
consumer, that would cause a reasonable person to have substan�al doubts about the accuracy of the
informa�on.
(E) Rehabilita�on of private educa�on loans.
(i) In general. Notwithstanding any other provision of this sec�on, a consumer may request a financial
ins�tu�on to remove from a consumer report a reported default regarding a private educa�on loan,
and such informa�on shall not be considered inaccurate, if
(I) the financial institution chooses to offer a loan rehabilitation program which includes, without
limitation, a requirement of the consumer to make consecutive on-time monthly payments in a
number that demonstrates, in the assessment of the financial institution offering the loan
rehabilitation program, a renewed ability and willingness to repay the loan; and
(II) the requirements of the loan rehabilitation program described in subclause (I) are successfully met.
(ii) Banking agencies. (I) In general. If a financial ins�tu�on is supervised by a Federal banking agency,
the financial ins�tu�on shall seek wri�en approval concerning the terms and condi�ons of the loan
rehabilita�on program described in clause (i) from the appropriate Federal banking agency. (II)
Feedback. An appropriate Federal banking agency shall provide feedback to a financial ins�tu�on
within 120 days of a request for approval under subclause (I).
(iii) Limita�on.
(I) In general. A consumer may obtain the benefits available under this subsec�on with respect to
rehabilita�ng a loan only 1 �me per loan.
(II) Rule of construction. Nothing in this subparagraph may be construed to require a financial
institution to offer a loan rehabilitation program or to remove any reported default from a consumer
report as a consideration of a loan rehabilitation program, except as described in clause (i).
(iv) Defini�ons. For purposes of this subparagraph
(I) the term ‘appropriate Federal banking agency’ has the meaning given the term in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813); and
(II) the term ‘private education loan’ has the meaning given the term in section 140(a) of the Truth in
Lending Act (15 U.S.C. 1650(a)).
(2) Duty to correct and update informa�on. A person who
(A) regularly and in the ordinary course of business furnishes informa�on to one or more consumer
repor�ng agencies about the person’s transac�ons or experiences with any consumer; and
149 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(B) has furnished to a consumer repor�ng agency informa�on that the person determines is not complete
or accurate, shall promptly no�fy the consumer repor�ng agency of that determina�on and provide to
the agency any correc�ons to that informa�on, or any addi�onal informa�on, that is necessary to make
the informa�on provided by the person to the agency complete and accurate, and shall not therea�er
furnish to the agency any of the informa�on that remains not complete or accurate.
(3) Duty to provide no�ce of dispute. If the completeness or accuracy of any informa�on furnished by
any person to any consumer repor�ng agency is disputed to such person by a consumer, the person
may not furnish the informa�on to any consumer repor�ng agency without no�ce that such
informa�on is disputed by the consumer.
(4) Duty to provide no�ce of closed accounts. A person who regularly and in the ordinary course of
business furnishes informa�on to a consumer repor�ng agency regarding a consumer who has a
credit account with that person shall no�fy the agency of the voluntary closure of the account by the
consumer, in informa�on regularly furnished for the period in which the account is closed.
(5) Duty to Provide No�ce of Delinquency of Accounts
(A) In general. A person who furnishes informa�on to a consumer repor�ng agency regarding a
delinquent account being placed for collec�on, charged to profit or loss, or subjected to any similar ac�on
shall, not later than 90 days a�er furnishing the informa�on, no�fy the agency of the date of delinquency
on the account, which shall be the month and year of the commencement of the delinquency on the
account that immediately preceded the ac�on.
(B) Rule of construc�on. For purposes of this paragraph only, and provided that the consumer does not
dispute the informa�on, a person that furnishes informa�on on a delinquent account that is placed for
collec�on, charged for profit or loss, or subjected to any similar ac�on, complies with this paragraph, if –
(i) the person reports the same date of delinquency as that provided by the creditor to which the
account was owed at the �me at which the commencement of the delinquency occurred, if the
creditor previously reported that date of delinquency to a consumer repor�ng agency;
(ii) the creditor did not previously report the date of delinquency to a consumer repor�ng agency, and
the person establishes and follows reasonable procedures to obtain the date of delinquency from the
creditor or another reliable source and reports that date to a consumer repor�ng agency as the date
of delinquency; or
(iii) the creditor did not previously report the date of delinquency to a consumer repor�ng agency and
the date of delinquency cannot be reasonably obtained as provided in clause (ii), the person
establishes and follows reasonable procedures to ensure the date reported as the date of delinquency
precedes the date on which the account is placed for collec�on, charged to profit or loss, or subjected
to any similar ac�on, and reports such date to the credit repor�ng agency.
(6) Du�es of Furnishers Upon No�ce of Iden�ty The�-Related Informa�on
(A) Reasonable procedures. A person that furnishes informa�on to any consumer repor�ng agency
shall have in place reasonable procedures to respond to any no�fica�on that it receives from a
consumer repor�ng agency under sec�on 605B rela�ng to
150 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
informa�on resul�ng from iden�ty the�, to prevent that person from refurnishing such blocked
informa�on.
(B) Informa�on alleged to result from iden�ty the�. If a consumer submits an iden�ty the� report to a
person who furnishes informa�on to a consumer repor�ng agency at the address specified by that person
for receiving such reports sta�ng that informa�on maintained by such person that purports to relate to
the consumer resulted from iden�ty the�, the person may not furnish such informa�on that purports to
relate to the consumer to any consumer repor�ng agency, unless the person subsequently knows or is
informed by the consumer that the informa�on is correct.
(7) Nega�ve Informa�on
(A) No�ce to Consumer Required
(i) In general. If any financial ins�tu�on that extends credit and regularly and in the ordinary course of
business furnishes informa�on to a consumer repor�ng agency described in sec�on 603(p) furnishes
nega�ve informa�on to such an agency regarding credit extended to a customer, the financial
ins�tu�on shall provide a no�ce of such furnishing of nega�ve informa�on, in wri�ng, to the
customer.
(ii) No�ce effec�ve for subsequent submissions. A�er providing such no�ce, the financial ins�tu�on
may submit addi�onal nega�ve informa�on to a consumer repor�ng agency described in sec�on
603(p) with respect to the same transac�on, extension of credit, account, or customer without
providing addi�onal no�ce to the customer.
(B) Time of No�ce
(i) In general. The no�ce required under subparagraph (A) shall be provided to the customer prior to, or
no later than 30 days a�er, furnishing the nega�ve informa�on to a consumer repor�ng agency described
in sec�on 603(p).
(ii) Coordina�on with new account disclosures. If the no�ce is provided to the customer prior to
furnishing the nega�ve informa�on to a consumer repor�ng agency, the no�ce may not be included
in the ini�al disclosures provided under sec�on 127(a) of the Truth in Lending Act.
(C) Coordina�on with other disclosures. The no�ce required under subparagraph (A) –
(i) may be included on or with any no�ce of default, any billing statement, or any other materials
provided to the customer; and
(ii) must be clear and conspicuous.
See also 12 CFR Part 222, App B
70 Fed. Reg. 33281 (06/15/04)
(D) Model Disclosure
(i) Duty of Bureau. The Bureau shall prescribe a brief model disclosure that a financial ins�tu�on may
use to comply with subparagraph (A), which shall not exceed 30 words.
151 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(ii) Use of model not required. No provision of this paragraph may be construed to require a financial
ins�tu�on to use any such model form prescribed by the Bureau.
(iii) Compliance using model. A financial ins�tu�on shall be deemed to be in compliance with
subparagraph (A) if the financial ins�tu�on uses any model form prescribed by the Bureau under this
subparagraph, or the financial ins�tu�on uses any such model form and rearranges its format.
(E) Use of no�ce without submi�ng nega�ve informa�on. No provision of this paragraph shall be
construed as requiring a financial ins�tu�on that has provided a customer with a no�ce described in
subparagraph (A) to furnish nega�ve informa�on about the customer to a consumer repor�ng agency.
(F) Safe harbor. A financial ins�tu�on shall not be liable for failure to perform the du�es required by this
paragraph if, at the �me of the failure, the financial ins�tu�on maintained reasonable policies and
procedures to comply with this paragraph or the financial ins�tu�on reasonably believed that the
ins�tu�on is prohibited, by law, from contac�ng the consumer.
(G) Defini�ons. For purposes of this paragraph, the following defini�ons shall apply: (i) The term
“nega�ve informa�on” means informa�on concerning a customer’s delinquencies, late payments,
insolvency, or any form of default. (ii) The terms “customer” and “financial ins�tu�on” have the same
meanings as in sec�on 509 Public Law 106-102.
(i) The term “nega�ve informa�on” means informa�on concerning a customer’s delinquencies, late
payments, insolvency, or any form of default.
(ii) The terms “customer” and “financial ins�tu�on” have the same meanings as in sec�on 509 Public
Law 106-102.
(8) Ability of Consumer to Dispute Informa�on Directly with Furnisher
See also 16 CFR Part 660.4
74 Fed. Reg. 31484 (07/01/09)
(A) In general. The Bureau, in consulta�on with the Federal Trade Commission, the Federal banking
agencies, and the Na�onal Credit Union Administra�on, shall prescribe regula�ons that shall iden�fy the
circumstances under which a furnisher shall be required to reinves�gate a dispute concerning the
accuracy of informa�on contained in a consumer report on the consumer, based on a direct request of a
consumer.
(B) Considera�ons. In prescribing regula�ons under subparagraph (A), the agencies shall weigh –
(i) the benefits to consumers with the costs on furnishers and the credit repor�ng system;
(ii) the impact on the overall accuracy and integrity of consumer reports of any such requirements;
(iii) whether direct contact by the consumer with the furnisher would likely result in the most expedi�ous
resolu�on of any such dispute; and
(iv) the poten�al impact on the credit repor�ng process if credit repair organiza�ons, as defined in sec�on
403(3) [15 U.S.C. §1679a(3)], including en��es that would be a credit repair organiza�on, but for sec�on
403(3)(B)(i), are able to circumvent the prohibi�on in subparagraph (G).
152 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(C) Applicability. Subparagraphs (D) through (G) shall apply in any circumstance iden�fied under the
regula�ons promulgated under subparagraph (A).
(D) Submi�ng a no�ce of dispute. A consumer who seeks to dispute the accuracy of informa�on shall
provide a dispute no�ce directly to such person at the address specified by the person for such no�ces
that –
(i) iden�fies the specific informa�on that is being disputed;
(ii) explains the basis for the dispute; and
(iii) includes all suppor�ng documenta�on required by the furnisher to substan�ate the basis of the
dispute.
(E) Duty of person a�er receiving no�ce of dispute. A�er receiving a no�ce of dispute from a consumer
pursuant to subparagraph (D), the person that provided the informa�on in dispute to a consumer
repor�ng agency shall –
(i) conduct an inves�ga�on with respect to the disputed informa�on;
(ii) review all relevant informa�on provided by the consumer with the no�ce;
(iii) complete such person’s inves�ga�on of the dispute and report the results of the inves�ga�on to
the consumer before the expira�on of the period under sec�on 611(a) (1) within which a consumer
repor�ng agency would be required to complete its ac�on if the consumer had elected to dispute the
informa�on under that sec�on; and
(iv) if the inves�ga�on finds that the informa�on reported was inaccurate, promptly no�fy each
consumer repor�ng agency to which the person furnished the inaccurate informa�on of that
determina�on and provide to the agency any correc�on to that informa�on that is necessary to make
the informa�on provided by the person accurate.
(F) Frivolous or Irrelevant Dispute
(i) In general. This paragraph shall not apply if the person receiving a no�ce of a dispute from a
consumer reasonably determines that the dispute is frivolous or irrelevant, including –
(I) by reason of the failure of a consumer to provide sufficient information to investigate the disputed
information; or
(II) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by
or for the consumer, either directly to the person or through a consumer reporting agency under subsection (b),
with respect to which the person has already performed the person’s duties under this paragraph or subsection
(b), as applicable.
(ii) No�ce of determina�on. Upon making any determina�on under clause (i) that a dispute is
frivolous or irrelevant, the person shall no�fy the consumer of such determina�on not later than 5
business days a�er making such determina�on, by mail or, if authorized by the consumer for that
purpose, by any other means available to the person.
153 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(iii) Contents of no�ce. A no�ce under clause (ii) shall include –
(I) the reasons for the determination under clause (i); and
(II) identification of any information required to investigate the disputed information, which may
consist of a standardized form describing the general nature of such information.
(G) Exclusion of credit repair organiza�ons. This paragraph shall not apply if the no�ce of the dispute is
submi�ed by, is prepared on behalf of the consumer by, or is submi�ed on a form supplied to the
consumer by, a credit repair organiza�on, as defined in sec�on 403(3), or an en�ty that would be a credit
repair organiza�on, but for sec�on 403(3)(B)(i).
(9) Duty to provide no�ce of status as medical informa�on furnisher. A person whose primary business is
providing medical services, products, or devices, or the person’s agent or assignee, who furnishes
informa�on to a consumer repor�ng agency on a consumer shall be considered a medical informa�on
furnisher for purposes of this �tle, and shall no�fy the agency of such status.
(b) Du�es of Furnishers of Informa�on upon No�ce of Dispute
(1) In general. A�er receiving no�ce pursuant to sec�on 611(a)(2) [§ 1681i] of a dispute with regard
to the completeness or accuracy of any informa�on provided by a person to a consumer repor�ng
agency, the person shall
(A) conduct an inves�ga�on with respect to the disputed informa�on;
(B) review all relevant informa�on provided by the consumer repor�ng agency pursuant to sec�on
611(a)(2) [§ 1681i];
(C) report the results of the inves�ga�on to the consumer repor�ng agency;
(D) if the inves�ga�on finds that the informa�on is incomplete or inaccurate, report those results to all
other consumer repor�ng agencies to which the person furnished the informa�on and that compile and
maintain files on consumers on a na�onwide basis; and
(E) if an item of informa�on disputed by a consumer is found to be inaccurate or incomplete or cannot be
verified a�er any reinves�ga�on under paragraph (1), for purposes of repor�ng to a consumer repor�ng
agency only, as appropriate, based on the results of the reinves�ga�on promptly –
(i) modify that item of informa�on;
(ii) delete that item of informa�on; or
(iii) permanently block the repor�ng of that item of informa�on.
(2) Deadline. A person shall complete all inves�ga�ons, reviews, and reports required under
paragraph (1) regarding informa�on provided by the person to a consumer repor�ng agency, before
the expira�on of the period under sec�on 611(a)(1) [§ 1681i] within which the consumer repor�ng
agency is required to complete ac�ons required by that sec�on regarding that informa�on.
154 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(c) Limita�on on liability. Except as provided in sec�on 621(c)(1)(B), sec�ons 616 and 617 do not apply to
any viola�on of –
(1) subsec�on (a) of this sec�on, including any regula�ons issued thereunder;
(2) subsec�on (e) of this sec�on, except that nothing in this paragraph shall limit, expand, or otherwise
affect liability under sec�on 616 or 617, as applicable, for viola�ons of subsec�on (b) of this sec�on; or
(3) subsec�on (e) of sec�on 615.
(d) Limita�on on enforcement. The provisions of law described in paragraphs (1) through (3) of subsec�on
(c) (other than with respect to the excep�on described in paragraph (2) of subsec�on (c)) shall be
enforced exclusively as provided under sec�on 621 by the Federal agencies and officials and the State
officials iden�fied in sec�on 621.
(e) Accuracy Guidelines and Regula�ons Required
See also 16 CFR Part 660
74 Fed. Reg. 31484 (07/01/09)
(1) Guidelines. The Bureau shall, with respect to persons or en��es that are subject to the enforcement
authority of the Bureau under sec�on 621 –
(A) establish and maintain guidelines for use by each person that furnishes informa�on to a consumer
repor�ng agency regarding the accuracy and integrity of the informa�on rela�ng to consumers that such
en��es furnish to consumer repor�ng agencies, and update such guidelines as o�en as necessary; and
(B) prescribe regula�ons requiring each person that furnishes informa�on to a consumer repor�ng
agency to establish reasonable policies and procedures for implemen�ng the guidelines established
pursuant to subparagraph (A).
(2) Criteria. In developing the guidelines required by paragraph (1)(A), the Bureau shall –
(A) iden�fy pa�erns, prac�ces, and specific forms of ac�vity that can compromise the accuracy and
integrity of informa�on furnished to consumer repor�ng agencies;
(B) review the methods (including technological means) used to furnish informa�on rela�ng to
consumers to consumer repor�ng agencies;
(C) determine whether persons that furnish informa�on to consumer repor�ng agencies maintain and
enforce policies to ensure the accuracy and integrity of informa�on furnished to consumer repor�ng
agencies; and (D) examine the policies and processes that persons that furnish informa�on to consumer
repor�ng agencies employ to conduct re inves�ga�ons and correct inaccurate informa�on rela�ng to
consumers that has been furnished to consumer repor�ng agencies.
See also 16 CFR Parts 680, 698 Appx C
74 Fed. Reg. 22639-40 (05/14/09)
72 Fed. Reg. 61455-64 (10/30/07)
155 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
§ 624. Affiliate sharing [15 U.S.C. § 1681s-3]
(a) Special Rule for Solicita�on for Purposes of Marke�ng
(1) No�ce. Any person that receives from another person related to it by common ownership or
affiliated by corporate control a communica�on of informa�on that would be a consumer report, but
for clauses (i), (ii), and (iii) of sec�on 603(d)(2)(A), may not use the informa�on to make a solicita�on
for marke�ng purposes to a consumer about its products or services, unless –
(A) it is clearly and conspicuously disclosed to the consumer that the informa�on may be communicated
among such persons for purposes of making such solicita�ons to the consumer; and
(B) the consumer is provided an opportunity and a simple method to prohibit the making of such
solicita�ons to the consumer by such person. (2) Consumer Choice (A) In general. The no�ce required
under paragraph (1) shall allow the consumer the opportunity to prohibit all solicita�ons referred to in
such paragraph, and may allow the consumer
(2) Consumer Choice
(A) In general. The no�ce required under paragraph (1) shall allow the consumer the opportunity to
prohibit all solicita�ons referred to in such paragraph, and may allow the consumer to choose from
different op�ons when elec�ng to prohibit the sending of such solicita�ons, including op�ons regarding
the types of en��es and informa�on covered, and which methods of delivering solicita�ons the
consumer elects to prohibit.
(B) Format. Notwithstanding subparagraph (A), the no�ce required under paragraph (1) shall be clear,
conspicuous, and concise, and any method provided under paragraph (1)(B) shall be simple. The
regula�ons prescribed to implement this sec�on shall provide specific guidance regarding how to comply
with such standards.
(3) Dura�on
(A) In general. The elec�on of a consumer pursuant to paragraph (1)(B) to prohibit the making of
solicita�ons shall be effec�ve for at least 5 years, beginning on the date on which the person receives the
elec�on of the consumer, unless the consumer requests that such elec�on be revoked.
(B) No�ce upon expira�on of effec�ve period. At such �me as the elec�on of a consumer pursuant to
paragraph (1)(B) is no longer effec�ve, a person may not use informa�on that the person receives in the
manner described in para-graph (1) to make any solicita�on for marke�ng purposes to the consumer,
unless the consumer receives a no�ce and an opportunity, using a simple method, to extend the opt-out
for another period of at least 5 years, pursuant to the procedures described in paragraph (1).
(4) Scope. This sec�on shall not apply to a person –
(A) using informa�on to make a solicita�on for marke�ng purposes to a consumer with whom the person
has a pre-exis�ng business rela�onship;
156 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(B) using informa�on to facilitate communica�ons to an individual for whose benefit the person provides
employee benefit or other services pursuant to a contract with an employer related to and arising out of
the current employment rela�onship or status of the individual as a par�cipant or beneficiary of an
employee benefit plan;
(C) using informa�on to perform services on behalf of another person related by common ownership or
affiliated by corporate control, except that this subparagraph shall not be construed as permi�ng a
person to send solicita�ons on behalf of another person, if such other person would not be permi�ed to
send the solicita�on on its own behalf as a result of the elec�on of the consumer to prohibit solicita�ons
under paragraph (1)(B);
(D) using informa�on in response to a communica�on ini�ated by the consumer;
(E) using informa�on in response to solicita�ons authorized or requested by the consumer; or
(F) if compliance with this sec�on by that person would prevent compliance by that person with any
provision of State insurance laws pertaining to unfair discrimina�on in any State in which the person is
lawfully doing business.
(5) No retroac�vity. This subsec�on shall not prohibit the use of informa�on to send a solicita�on to
a consumer if such informa�on was received prior to the date on which persons are required to
comply with regula�ons implemen�ng this subsec�on.
(b) No�ce for other purposes permissible. A no�ce or other disclosure under this sec�on may be
coordinated and consolidated with any other no�ce required to be issued under any other provision of
law by a person that is subject to this sec�on, and a no�ce or other disclosure that is equivalent to the
no�ce required by subsec�on (a), and that is provided by a person described in subsec�on (a) to a
consumer together with disclosures required by any other provision of law, shall sa�sfy the requirements
of subsec�on (a).
(c) User requirements. Requirements with respect to the use by a person of informa�on received from
another person related to it by common ownership or affiliated by corporate control, such as the
requirements of this sec�on, cons�tute requirements with respect to the exchange of informa�on among
persons affiliated by common ownership or common corporate control, within the meaning of sec�on
625(b)(2).
(d) Defini�ons. For purposes of this sec�on, the following defini�ons shall apply:
(1) The term “pre-exis�ng business rela�onship” means a rela�onship between a person, or a
person’s licensed agent, and a consumer, based on –
(A) a financial contract between a person and a consumer which is in force;
(B) the purchase, rental, or lease by the consumer of that person’s goods or services, or a financial
transac�on (including holding an ac�ve account or a policy in force or having another con�nuing
rela�onship) between the consumer and that person during the 18-month period immediately preceding
the date on which the consumer is sent a solicita�on covered by this sec�on;
157 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(C) an inquiry or applica�on by the consumer regarding a product or service offered by that person, during
the 3-month period immediately preceding the date on which the consumer is sent a solicita�on covered
by this sec�on; or
(D) any other pre-exis�ng customer rela�onship defined in the regula�ons implemen�ng this sec�on.
(2) The term “solicita�on” means the marke�ng of a product or service ini�ated by a person to a
par�cular consumer that is based on an exchange of informa�on described in subsec�on (a), and is
intended to encourage the consumer to purchase such product or service, but does not include
communica�ons that are directed at the general public or determined not to be a solicita�on by the
regula�ons prescribed under this sec�on.
§ 625. Rela�on to State laws [15 U.S.C. § 1681t]
(a) In general. Except as provided in subsec�ons (b) and (c), this �tle does not annul, alter, affect, or
exempt any person subject to the provisions of this �tle from complying with the laws of any State with
respect to the collec�on, distribu�on, or use of any informa�on on consumers, or for the preven�on or
mi�ga�on of iden�ty the�, except to the extent that those laws are inconsistent with any provision of this
�tle, and then only to the extent of the inconsistency.
(b) General excep�ons. No requirement or prohibi�on may be imposed under the laws of any State
(1) with respect to any subject ma�er regulated under
(A) subsec�on (c) or (e) of sec�on 604 [§ 1681b], rela�ng to the prescreening of consumer reports;
(B) sec�on 611 [§ 1681i], rela�ng to the �me by which a consumer repor�ng agency must take any ac�on,
including the provision of no�fica�on to a consumer or other person, in any procedure related to the
disputed accuracy of informa�on in a consumer’s file, except that this subparagraph shall not apply to any
State law in effect on the date of enactment of the Consumer Credit Repor�ng Reform Act of 1996;
(C) subsec�ons (a) and (b) of sec�on 615 [§ 1681m], rela�ng to the du�es of a person who takes any
adverse ac�on with respect to a consumer;
(D) sec�on 615(d) [§ 1681m], rela�ng to the du�es of persons who use a consumer report of a consumer
in connec�on with any credit or insurance transac�on that is not ini�ated by the consumer and that
consists of a firm offer of credit or insurance;
(E) sec�on 605 [§ 1681c], rela�ng to informa�on contained in consumer reports, except that this
subparagraph shall not apply to any State law in effect on the date of enactment of the Consumer Credit
Repor�ng Reform Act of 1996;
(F) sec�on 623 [§ 1681s-2], rela�ng to the responsibili�es of persons who furnish informa�on to
consumer repor�ng agencies, except that this paragraph shall not apply
(i) with respect to sec�on 54A(a) of chapter 93 of the Massachuse�s Annotated Laws (as in effect on
the date of enactment of the Consumer Credit Repor�ng Reform Act of 1996); or
158 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(ii) with respect to sec�on 1785.25(a) of the California Civil Code (as in effect on the date of
enactment of the Consumer Credit Repor�ng Reform Act of 1996);
(G) sec�on 609(e), rela�ng to informa�on available to vic�ms under sec�on 609(e);
(H) sec�on 624, rela�ng to the exchange and use of informa�on to make a solicita�on for marke�ng
purposes; (I) sec�on 615(h), rela�ng to the du�es of users of consumer reports to provide no�ce with
respect to terms in certain credit transac�ons;
(J) subsec�ons (i) and (j) of sec�on 605A rela�ng to security freezes; or
(K) subsec�on (k) of sec�on 605A, rela�ng to credit monitoring for ac�ve duty military consumers, as
defined in that subsec�on;
(2) with respect to the exchange of informa�on among persons affiliated by common ownership or
common corporate control, except that this paragraph shall not apply with respect to subsec�on (a)
or (c)(1) of sec�on 2480e of �tle 9, Vermont Statutes Annotated (as in effect on the date of enactment
of the Consumer Credit Repor�ng Reform Act of 1996);
(3) with respect to the disclosures required to be made under subsec�on (c), (d), (e), or (g) of sec�on
609, or subsec�on (f) of sec�on 609 rela�ng to the disclosure of credit scores for credit gran�ng
purposes, except that this paragraph –
(A) shall not apply with respect to sec�ons 1785.10, 1785.16, and 1785.20.2 of the California Civil Code
(as in effect on the date of enactment of the Fair and Accurate Credit Transac�ons Act of 2003) and
sec�on 1785.15 through sec�on 1785.15.2 of such Code (as in effect on such date);
(B) shall not apply with respect to sec�ons 5-3-106(2) and 212- 14.3-104.3 of the Colorado Revised
Statutes (as in effect on the date of enactment of the Fair and Accurate Credit Transac�ons Act of 2003);
and
(C) shall not be construed as limi�ng, annulling, affec�ng, or superseding any provision of the laws of any
State regula�ng the use in an insurance ac�vity, or regula�ng disclosures concerning such use, of a
credit-based insurance score of a consumer by any person engaged in the business of insurance;
(4) with respect to the frequency of any disclosure under sec�on 612(a), except that this paragraph
shall not apply –
(A) with respect to sec�on 12-14.3-105(1)(d) of the Colorado Revised Statutes (as in effect on the date of
enactment of the Fair and Accurate Credit Transac�ons Act of 2003);
(B) with respect to sec�on 10-1-393(29)(C) of the Georgia Code (as in effect on the date of enactment of
the Fair and Accurate Credit Transac�ons Act of 2003);
(C) with respect to sec�on 1316.2 of �tle 10 of the Maine Revised Statutes (as in effect on the date of
enactment of the Fair and Accurate Credit Transac�ons Act of 2003);
(D) with respect to sec�ons 14-1209(a)(1) and 14-1209(b)(1)(i) of the Commercial Law Ar�cle of the Code
of Maryland (as in effect on the date of enactment of the Fair and Accurate Credit Transac�ons Act of
2003);
159 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(F) with respect to sec�on 56:11-37.10(a)(1) of the New Jersey Revised Statutes (as in effect on the date
of enactment of the Fair and Accurate Credit Transac�ons Act of 2003); or
(G) with respect to sec�on 2480c(a)(1) of �tle 9 of the Vermont Statutes Annotated (as in effect on the
date of enactment of the Fair and Accurate Credit Transac�ons Act of 2003); or
(5) with respect to the conduct required by the specific provisions of –
(A) sec�on 605(g);
(B) sec�on 605A;
(C) sec�on 605B;
(D) sec�on 609(a)(1)(A);
(E) sec�on 612(a);
(F) subsec�ons (e), (f), and (g) of sec�on 615;
(G) sec�on 621(f);
(H) sec�on 623(a)(6); or
(I) sec�on 628.
(c) Defini�on of firm offer of credit or insurance. Notwithstanding any defini�on of the term “firm offer of
credit or insurance” (or any equivalent term) under the laws of any State, the defini�on of that term
contained in sec�on 603(l) [§ 1681a] shall be construed to apply in the enforcement and interpreta�on of
the laws of any State governing consumer reports.
(d) Limita�ons. Subsec�ons (b) and (c) do not affect any se�lement, agreement, or consent judgment
between any State A�orney General and any consumer repor�ng agency in effect on the date of
enactment of the Consumer Credit Repor�ng Reform Act of 1996.
§ 626. Disclosures to FBI for counterintelligence purposes [15 U.S.C. § 1681u]
(a) Iden�ty of financial ins�tu�ons. Notwithstanding sec�on 604 [§ 1681b] or any other provision of this
�tle, a consumer repor�ng agency shall furnish to the Federal Bureau of Inves�ga�on the names and
addresses of all financial ins�tu�ons (as that term is defined in sec�on 1101 of the Right to Financial
Privacy Act of 1978 [12 U.S.C. § 3401]) at which a consumer maintains or has maintained an account, to
the extent that informa�on is in the files of the agency, when presented with a wri�en request for that
informa�on that includes a term that specifically iden�fies a consumer or account to be used as the basis
for the produc�on of that informa�on, signed by the Director of the Federal Bureau of Inves�ga�on, or
the Director’s designee in a posi�on not lower than Deputy Assistant Director at Bureau headquarters or
a Special Agent in Charge of a Bureau field office designated by the Director, which cer�fies compliance
with this sec�on.
160 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
The Director or the Director’s designee may make such a cer�fica�on only if the Director or the Director’s
designee has determined in wri�ng, that such informa�on is sought for the conduct of an authorized
inves�ga�on to protect against interna�onal terrorism or clandes�ne intelligence ac�vi�es, provided that
such an inves�ga�on of a United States person is not conducted solely upon the basis of ac�vi�es
protected by the first amendment to the Cons�tu�on of the United States.
(b) Iden�fying informa�on. Notwithstanding the provisions of sec�on 604 [§ 1681b] or any other
provision of this �tle, a consumer repor�ng agency shall furnish iden�fying informa�on respec�ng a
consumer, limited to name, address, former addresses, places of employment, or former places of
employment, to the Federal Bureau of Inves�ga�on when presented with a wri�en request that includes
a term that specifically iden�fies a consumer or account to be used as the basis for the produc�on of that
informa�on, signed by the Director or the Director’s designee, which cer�fies compliance with this
subsec�on. The Director or the Director’s designee in a posi�on not lower than Deputy Assistant Director
at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director
may make such a cer�fica�on only if the Director or the Director’s designee has determined in wri�ng
that such informa�on is sought for the conduct of an authorized inves�ga�on to protect against
interna�onal terrorism or clandes�ne intelligence ac�vi�es, provided that such an inves�ga�on of a
United States person is not conducted solely upon the basis of ac�vi�es protected by the first amendment
to the Cons�tu�on of the United States.
(c) Court order for disclosure of consumer reports. Notwithstanding sec�on 604 [§ 1681b] or any other
provision of this �tle, if requested in wri�ng by the Director of the Federal Bureau of Inves�ga�on, or a
designee of the Director in a posi�on not lower than Deputy Assistant Director at Bureau headquarters or
a Special Agent in Charge of a Bureau field office designated by the Director, a court may issue an order
ex parte, which shall include a term that specifically iden�fies a consumer or account to be used as the
basis for the produc�on of the informa�on, direc�ng a consumer repor�ng agency to furnish a consumer
report to the Federal Bureau of Inves�ga�on, upon a showing in camera that the consumer report is
sought for the conduct of an authorized inves�ga�on to protect against interna�onal terrorism or
clandes�ne intelligence ac�vi�es, provided that such an inves�ga�on of a United States person is not
conducted solely upon the basis of ac�vi�es protected by the first amendment to the Cons�tu�on of the
United States. The terms of an order issued under this subsec�on shall not disclose that the order is
issued for purposes of a counterintelligence inves�ga�on.
(d) Confiden�ality
(1) If the Director of the Federal Bureau of Inves�ga�on, or his designee in a posi�on not lower than
Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office
designated by the Director, cer�fies that otherwise there may result a danger to the na�onal security
of the United States, interference with a criminal, counterterrorism, or counterintelligence
inves�ga�on, interference with diploma�c rela�ons, or danger to the life or physical safety of any
person, no consumer repor�ng agency or officer, employee, or agent of a consumer repor�ng agency
shall disclose to any person (other than those to whom such disclosure is necessary to comply with
the request or an a�orney to obtain legal advice or legal assistance with respect to the request) that
the Federal Bureau of Inves�ga�on has sought or obtained the iden�ty of financial ins�tu�ons or a
consumer report respec�ng any consumer under subsec�on (a), (b), or (c) of this sec�on, and no
consumer repor�ng agency or officer, employee, or agent of a consumer repor�ng agency shall
include in any consumer report any informa�on that would indicate that the Federal Bureau of
Inves�ga�on has sought or obtained such informa�on on a consumer report.
161 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(2) The request shall no�fy the person or en�ty to whom the request is directed of the nondisclosure
requirement under paragraph (1).
(3) Any recipient disclosing to those persons necessary to comply with the request or to an a�orney
to obtain legal advice or legal assistance with respect to the request shall inform such persons of any
applicable nondisclosure requirement. Any person who receives a disclosure under this subsec�on
shall be subject to the same prohibi�ons on disclosure under paragraph (1).
(4) At the request of the Director of the Federal Bureau of Inves�ga�on or the designee of the
Director, any person making or intending to make a disclosure under this sec�on shall iden�fy to the
Director or such designee the person to whom such disclosure will be made or to whom such
disclosure was made prior to the request, except that nothing in this sec�on shall require a person to
inform the Director or such designee of the iden�ty of an a�orney to whom disclosure was made or
will be made to obtain legal advice or legal assistance with respect to the request for the iden�ty of
financial ins�tu�ons or a consumer report respec�ng any consumer under this sec�on.
(e) Payment of fees. The Federal Bureau of Inves�ga�on shall, subject to the availability of appropria�ons,
pay to the consumer repor�ng agency assembling or providing report or informa�on in accordance with
procedures established under this sec�on a fee for reimbursement for such costs as are reasonably
necessary and which have been directly incurred in searching, reproducing, or transpor�ng books,
papers, records, or other data required or requested to be produced under this sec�on.
(f) Limit on dissemina�on. The Federal Bureau of Inves�ga�on may not disseminate informa�on obtained
pursuant to this sec�on outside of the Federal Bureau of Inves�ga�on, except to other Federal agencies
as may be necessary for the approval or conduct of a foreign counterintelligence inves�ga�on, or, where
the informa�on concerns a person subject to the Uniform Code of Military Jus�ce, to appropriate
inves�ga�ve authori�es within the military department concerned as may be necessary for the conduct
of a joint foreign counterintelligence inves�ga�on.
(g) Rules of construc�on. Nothing in this sec�on shall be construed to prohibit informa�on from being
furnished by the Federal Bureau of Inves�ga�on pursuant to a subpoena or court order, in connec�on
with a judicial or administra�ve proceeding to enforce the provisions of this Act. Nothing in this sec�on
shall be construed to authorize or permit the withholding of informa�on from the Congress.
(h) Reports to Congress
(1) On a semiannual basis, the A�orney General shall fully inform the Permanent Select Commi�ee on
Intelligence and the Commi�ee on Banking, Finance and Urban Affairs of the House of
Representa�ves, and the Select Commi�ee on Intelligence and the Commi�ee on Banking, Housing,
and Urban Affairs of the Senate concerning all requests made pursuant to subsec�ons (a), (b), and (c)
of this sec�on.
(2) In the case of the semiannual reports required to be submi�ed under paragraph (1) to the
Permanent Select Commi�ee on Intelligence of the House of Representa�ves and the Select
Commi�ee on Intelligence of the Senate, the submi�al dates for such reports shall be as provided in
sec�on 415b of Title 50.
162 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(i) Damages. Any agency or department of the United States obtaining or disclosing any consumer
reports, records, or informa�on contained therein in viola�on of this sec�on is liable to the consumer
to whom such consumer reports, records, or informa�on relate in an amount equal to the sum of
(1) $100, without regard to the volume of consumer reports, records, or informa�on involved;
(2) any actual damages sustained by the consumer as a result of the disclosure;
(3) if the viola�on is found to have been willful or inten�onal, such puni�ve damages as a court may
allow; and
(4) in the case of any successful ac�on to enforce liability under this subsec�on, the costs of the
ac�on, together with reasonable a�orney fees, as determined by the court.
(j) Disciplinary ac�ons for viola�ons. If a court determines that any agency or department of the United
States has violated any provision of this sec�on and the court finds that the circumstances surrounding
the viola�on raise ques�ons of whether or not an officer or employee of the agency or department acted
willfully or inten�onally with respect to the viola�on, the agency or department shall promptly ini�ate a
proceeding to determine whether or not disciplinary ac�on is warranted against the officer or employee
who was responsible for the viola�on.
(k) Good-faith excep�on. Notwithstanding any other provision of this �tle, any consumer repor�ng
agency or agent or employee thereof making disclosure of consumer reports or iden�fying informa�on
pursuant to this subsec�on in good-faith reliance upon a cer�fica�on of the Federal Bureau of
Inves�ga�on pursuant to provisions of this sec�on shall not be liable to any person for such disclosure
under this �tle, the cons�tu�on of any State, or any law or regula�on of any State or any poli�cal
subdivision of any State.
(l) Limita�on of remedies. Notwithstanding any other provision of this �tle, the remedies and sanc�ons
set forth in this sec�on shall be the only judicial remedies and sanc�ons for viola�on of this sec�on. (m)
Injunc�ve relief. In addi�on to any other remedy contained in this sec�on, injunc�ve relief shall be
available to require compliance with the procedures of this sec�on. In the event of any successful ac�on
under this subsec�on, costs together with reasonable a�orney fees, as determined by the court, may be
recovered.
§ 627. Disclosures to governmental agencies for counterterrorism purposes [15
U.S.C. § 1681v]
(a) Disclosure. Notwithstanding sec�on 604 or any other provision of this �tle, a consumer repor�ng
agency shall furnish a consumer report of a consumer and all other informa�on in a consumer’s file to a
government agency authorized to conduct inves�ga�ons of, or intelligence or counterintelligence
ac�vi�es or analysis related to, interna�onal terrorism when presented with a wri�en cer�fica�on by
such government agency that such infor ma�on is necessary for the agency’s conduct or such
inves�ga�on, ac�vity or analysis and that includes a term that specifically iden�fies a consumer or
account to be used as the basis for the produc�on of such informa�on.
163 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(b) Form of cer�fica�on. The cer�fica�on described in subsec�on (a) shall be signed by a supervisory
official designated by the head of a Federal agency or an officer of a Federal agency whose appointment
to office is required to be made by the President, by and with the advice and consent of the Senate.
(c) Confiden�ality. No consumer repor�ng agency, or officer, employee, or agent of such consumer
repor�ng agency, shall disclose to any person, or specify in any consumer report, that a government
agency has sought or obtained access to informa�on under subsec�on (a).
(d) Rule of construc�on. Nothing in sec�on 626 shall be construed to limit the authority of the Director of
the Federal Bureau of Inves�ga�on under this sec�on.
(e) Safe harbor. Notwithstanding any other provision of this �tle, any consumer repor�ng agency or agent
or employee thereof making disclosure of consumer reports or other informa�on pursuant to this sec�on
in good-faith reliance upon a cer�fica�on of a government agency pursuant to the provisions of this
sec�on shall not be liable to any person for such disclosure under this subchapter, the cons�tu�on of any
State, or any law or regula�on of any State or any poli�cal subdivision of any State. (f) Reports to Congress
(1) On a semi-annual basis, the A�orney General shall fully inform the Commi�ee on the Judiciary, the
Commi�ee on Financial Services, and the Permanent Select Commi�ee on Intelligence of the House
of Representa�ves and the Commi�ee on the Judiciary, the Commi�ee on Banking, Housing, and
Urban Affairs, and the Select Commi�ee on Intelligence of the Senate concerning all requests made
pursuant to subsec�on (a) of this sec�on
(2) In the case of the semiannual reports required to be submi�ed under paragraph (1) to the
Permanent Select Commi�ee on Intelligence of the House of Representa�ves and the Select
Commi�ee on Intelligence of the Senate, the submi�al dates for such reports shall be as provided in
sec�on 415b of Title 50.
§ 628. Disposal of records [15 U.S.C. § 1681w]
(a) Regula�ons
See also 16 CFR Part 682
69 Fed. Reg. 68690 (11/24/04)
(1) In general. The Federal Trade Commission, the Securi�es and Exchange Commission, the
Commodity Futures Trading Commission, the Federal banking agencies, and the Na�onal Credit Union
Administra�on, with respect to the en��es that are subject to their respec�ve enforcement authority
under sec�on 621, and in coordina�on as described in paragraph (2), shall issue final regula�ons
requiring any person that maintains or otherwise possesses consumer informa�on, or any
compila�on of consumer informa�on, derived from consumer reports for a business purpose to
properly dispose of any such informa�on or compila�on.
(2) Coordina�on. Each agency required to prescribe regula�ons under paragraph (1) shall –
(A) consult and coordinate with each other such agency so that, to the extent possible, the regula�ons
prescribed by each such agency are consistent and comparable with the regula�ons by each such other
agency; and
164 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
(B) ensure that such regula�ons are consistent with the requirements and regula�ons issued pursuant to
Public Law 106-102 and other provisions of Federal law.
(3) Exemp�on authority. In issuing regula�ons under this sec�on, the agencies iden�fied in paragraph
(1) may exempt any person or class of persons from applica�on of those regula�ons, as such agency
deems appropriate to carry out the purpose of this sec�on.
(b) Rule of construc�on. Nothing in this sec�on shall be construed –
(1) to require a person to maintain or destroy any record pertaining to a consumer that is not imposed
under other law; or
(2) to alter or affect any requirement imposed under any other provision of law to maintain or destroy
such a record.
§ 629. Corporate and technological circumven�on prohibited [15 U.S.C. § 1681x]
The Bureau shall prescribe regula�ons, to become effec�ve not later than 90 days a�er the date of
enactment of this sec�on, to prevent a consumer repor�ng agency from circumven�ng or evading
treatment as a consumer repor�ng agency described in sec�on 603(p) for purposes of this �tle, including
(1) by means of a corporate reorganiza�on or restructuring, including a merger, acquisi�on,
dissolu�on, dives�ture, or asset sale of a consumer repor�ng agency; or
(2) by maintaining or merging public record and credit account informa�on in a manner that is
substan�ally equivalent to that described in paragraphs (1) and (2) of sec�on 603(p), in the manner
described in sec�on 603(p).
See also 16 CFR Part 611
69 Fed. Reg. 8531 (02/24/04)
69 Fed. Reg. 29061 (05/20/04)
Legisla�ve History
House Report: No. 91-975 (Comm. on Banking and Currency)
Senate Report: No. 91-1139 (Comm. on Banking and Currency)
Conference Report: No. 91-1587
Enactment: Public Law No. 91-508 (October 26, 1970)
Amendments: Public Law Nos. 95-473 (October 17, 1978)
95-598 (November 6, 1978)
98-443 (October 4, 1984)
165 | P a g e
Fair Credit Reporting Act (15 U.S.C § 1681)
101-73 (August 9, 1989)
102-242 (December 19, 1991)
102-537 (October 27, 1992)
102-550 (October 28, 1992)
103-325 (September 23, 1994)
104-88 (December 29, 1995)
104-93 (January 6, 1996)
104-193 (August 22, 1996)
104-208 (September 30, 1996)
105-107 (November 20, 1997)
105-347 (November 2, 1998)
106-102 (November 12, 1999)
107-56 (October 26, 2001)
108-159 (December 4, 2003)
109-351 (October 13, 2006)
110-161 (December 27, 2007)
110-241 (June 3, 2008)
111-24 (May 22, 2009)
107-306 (November 27, 2002)
108-177 (Dec. 13, 2003)
108-458 (December 17, 2004)
109-177 (March 9, 2006)
109-178 (March 9, 2006)
111-319 (Janaury 5, 2010)
111-203 (July 21, 2010)
114-94 (December 4, 2015)
114-23 (June 2, 2015)
115-174 (May 24, 2018)
166 | P a g e