15 U.S. Code § 1681e - Compliance procedures
(a)
Identity and purposes of credit users
Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section
1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section
1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section
1681b of this title.
(b)
Accuracy of report
Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.
(c)
Disclosure of consumer reports by users allowed
A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.
(d)
Notice to users and furnishers of information
(e)
Procurement of consumer report for resale
(1)
Disclosure
A person may not procure a consumer report for purposes of reselling the report (or any information in the report) unless the person discloses to the consumer reporting agency that originally furnishes the report—
(B)
each permissible purpose under section
1681b of this title for which the report is furnished to the end-user of the report (or information).
(2)
Responsibilities of procurers for resale
A person who procures a consumer report for purposes of reselling the report (or any information in the report) shall—
(A)
establish and comply with reasonable procedures designed to ensure that the report (or information) is resold by the person only for a purpose for which the report may be furnished under section
1681b of this title, including by requiring that each person to which the report (or information) is resold and that resells or provides the report (or information) to any other person—
(3)
Resale of consumer report to a Federal agency or department
Notwithstanding paragraph (1) or (2), a person who procures a consumer report for purposes of reselling the report (or any information in the report) shall not disclose the identity of the end-user of the report under paragraph (1) or (2) if—
(A)
the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information (as defined in section
1681b
(b)(4)(E)(i)
[1]
of this title); and
[1] See References in Text note below.
Source
(Pub. L. 90–321, title VI, § 607, as added Pub. L. 91–508, title VI, § 601,Oct. 26, 1970, 84 Stat. 1130; amended Pub. L. 104–208, div. A, title II, § 2407,Sept. 30, 1996, 110 Stat. 3009–435; Pub. L. 105–107, title III, § 311(b),Nov. 20, 1997, 111 Stat. 2256; Pub. L. 111–203, title X, § 1088(a)(2)(A),July 21, 2010, 124 Stat. 2087.)
References in Text
Section
1681b
(b)(4) of this title, referred to in subsec. (e)(3)(A), was subsequently amended, and section
1681b
(b)(4)(E) no longer defines the term “classified information”. However, such term is defined elsewhere in that section.
Amendments
2010—Subsec. (d)(2). Pub. L. 111–203substituted “Bureau” for “Federal Trade Commission” in two places.
1997—Subsec. (e)(3). Pub. L. 105–107added par. (3).
1996—Subsecs. (c) to (e). Pub. L. 104–208added subsecs. (c) to (e).
Effective Date of 2010 Amendment
Amendment by Pub. L. 111–203effective on the designated transfer date, see section 1100H ofPub. L. 111–203, set out as a note under section
552a of Title
5, Government Organization and Employees.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105–107effective as if included in chapter 1 of subtitle D of the Economic Growth and Regulatory Paperwork Reduction Act of 1996, Pub. L. 104–208, as of Sept. 30, 1996, see section 311(c) ofPub. L. 105–107, set out as a note under section
1681b of this title.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–208effective 365 days after Sept. 30, 1996, with special rule for early compliance, see section 2420 ofPub. L. 104–208, set out as a note under section
1681a of this title.
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