References in Text
Section 1681a(w) of this title, referred to in subsec. (a)(1)(A), (C)(i), (iv), was redesignated section 1681a(x) of this title by Pub. L. 111–203, title X, § 1088(a)(1), July 21, 2010, 124 Stat. 2086.
Section 211(c) of the Fair and Accurate Credit Transactions Act of 2003, referred to in subsec. (a)(1)(B), probably means section 211(d) of Pub. L. 108–159, which is set out as a note below and relates to the establishment of a centralized source. Section 211(c) of Pub. L. 108–159 amended section 1681g of this title.
Section 205(b) of the Credit CARD Act of 2009, referred to in subsec. (g), is section 205(b) of Pub. L. 111–24, which is set out as a note below.
2010—Subsec. (a)(1)(C). Pub. L. 111–203, § 1088(a)(2)(C), substituted “the Bureau” for “the Commission” wherever appearing.
Subsec. (f)(2). Pub. L. 111–203, § 1088(a)(2)(A), substituted “Bureau” for “Federal Trade Commission”.
2009—Subsec. (g). Pub. L. 111–24 added subsec. (g).
2003—Subsec. (a). Pub. L. 108–159, § 211(a)(2), added subsec. (a). Former subsec. (a) redesignated (f).
Subsec. (d). Pub. L. 108–159, § 211(a)(4), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 108–159, § 211(a)(3), (5), redesignated subsec. (d) as (e) and substituted “subsection (f)” for “subsection (a)”.
Subsec. (f). Pub. L. 108–159, § 211(a)(1), (6), redesignated subsec. (a) as (f) and substituted “In the case of a request from a consumer other than a request that is covered by any of subsections (a) through (d), a” for “Except as provided in subsections (b), (c), and (d), a” in par. (1).
1996—Pub. L. 104–208 amended section generally. Prior to amendment, section read as follows: “A consumer reporting agency shall make all disclosures pursuant to section 1681g of this title and furnish all consumer reports pursuant to section 1681i(d) of this title without charge to the consumer if, within thirty days after receipt by such consumer of a notification pursuant to section 1681m of this title or notification from a debt collection agency affiliated with such consumer reporting agency stating that the consumer’s credit rating may be or has been adversely affected, the consumer makes a request under section 1681g or 1681i(d) of this title. Otherwise, the consumer reporting agency may impose a reasonable charge on the consumer for making disclosure to such consumer pursuant to section 1681g of this title, the charge for which shall be indicated to the consumer prior to making disclosure; and for furnishing notifications, statements, summaries, or codifications to person designated by the consumer pursuant to section 1681i(d) of this title, the charge for which shall be indicated to the consumer prior to furnishing such information and shall not exceed the charge that the consumer reporting agency would impose on each designated recipient for a consumer report except that no charge may be made for notifying such persons of the deletion of information which is found to be inaccurate or which can no longer be verified.”
Pub. L. 111–24, title II, § 205(b), May 22, 2009, 123 Stat. 1747, provided that:
Not later than 9 months after the date of enactment of this Act [May 22, 2009], the Federal Trade Commission shall issue a final rule to carry out this section.
“(2)Content.—The rule required by this subsection—
shall include specific wording to be used in advertisements in accordance with this section; and
for advertisements on the Internet, shall include whether the disclosure required under section 612(g)(1) of the Fair Credit Reporting Act
[15 U.S.C. 1681j(g)(1)
] (as added by this section) shall appear on the advertisement or the website on which the free credit
report is made available.
If an advertisement subject to section 612(g) of the Fair Credit Reporting Act
[15 U.S.C. 1681j(g)
], as added by this section, is made public after the 9-month deadline specified in paragraph (1), but before the rule required by paragraph (1) is finalized, such advertisement shall include the disclosure: ‘Free credit
reports are available under Federal law at: “AnnualCreditReport.com”.’ ”
Pub. L. 108–159, title II, § 211(d), Dec. 4, 2003, 117 Stat. 1972, as amended by Pub. L. 111–203, § 1088(b)(2), July 21, 2010, 124 Stat. 2092, provided that:
“(2)Considerations.—In prescribing regulations under paragraph (1), the Bureau shall consider—
the significant demands that may be placed on consumer
reporting agencies in providing such consumer
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
the ease by which consumers
should be able to contact consumer
reporting agencies with respect to access to such consumer
“(3)Centralized source.—The centralized source for a request for a consumer report from a consumer required by this subsection shall provide for—
a toll-free telephone number for such purpose;
use of an Internet website for such purpose; and
a process for requests by mail for such purpose.
“(4)Transition.—The regulations of the Bureau under paragraph (1) shall provide for an orderly transition by consumer reporting agencies described in section 603(p) of the Fair Credit Reporting Act [15 U.S.C. 1681a(p)] to the centralized source for consumer report distribution required by section 612(a)(1)(B) [15 U.S.C. 1681j(a)(1)(B)], as amended by this section, in a manner that—
does not temporarily overwhelm such consumer
reporting agencies with requests for disclosures of consumer
reports beyond their capacity to deliver; and
does not deny creditors
, other users, and consumers
access to consumer
reports on a time-sensitive basis for specific purposes, such as home purchases or suspicions of identity theft,
during the transition period.
“(5)Timing.—Regulations required by this subsection shall—
be issued in final form not later than 6 months after the date of enactment of this Act [Dec. 4, 2003]; and
become effective not later than 6 months after the date on which they are issued in final form.
“(6) Scope of regulations.—
“(B)Considerations.—Before making any determination under subparagraph (A), the Bureau shall consider—
the overall scope of the operations of the consumer
the costs of providing access to consumer
reports by consumer
reporting agencies free of charge; and
the effects on the ongoing competitive viability of such consumer
reporting agencies if such free access is required.”
[For definitions of terms used in section 211(d) of Pub. L. 108–159, set out above, see section 2 of Pub. L. 108–159, set out as a Definitions note under section 1681 of this title.]