A person may receive pursuant to paragraph (1)(B) only, (B) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer; and. Firefox, or The previous version of section 604(b)(5), added in 2003 by the FACT Act, contained two subsections (A) and (B). The Fair Credit Reporting Act As a public service, the staff of the Federal Trade Commission (FTC) has prepared the following complete text of the Fair Credit Reporting Act (FCRA), 15 U.S.C. A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information (other than medical contact information treated in the manner required under section 605(a)(6)) about a consumer, unless –. (c) Furnishing reports in connection with credit or insurance transactions that are not initiated by the consumer. [FTC Note 2]. (B) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph (5), in the case of a request made at the time the consumer provides notification through the system. Fair Credit Reporting Background The Fair Credit Reporting Act (FCRA) deals with the rights of consumers in relation to their credit reports ... section 604. [FTC Note 2]. . (2) Manner of notification. The Commentary, of course, was based on the FCRA as it existed before the 1996 amendments. Fair Credit Reporting Act ... in a valuation or assessment of the credit or prepayment risks associated with an existing credit obligation. Any person that receives medical information pursuant to paragraph (1) or (3) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order. Establishment and maintenance of a notification system (including a toll-free telephone number) and publication by a consumer reporting 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. (C) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity. (A) In general. (ii) the consumer has authorized in writing (which authorization may be made on the document referred to in clause (i)) the procurement of the report by that person. For purposes of subparagraphs (A) and (B), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank. [15 U.S.C. 545a_fair-credit-reporting-act-0918.pdf (659.69 KB) The Act (Title VI of the Consumer Credit Protection Act) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Company Name FAIR CREDIT REPORTING ACT DISCLOSURE STATEMENT In accordance with the provisions of Section 604(b)(2)(A) of the Fair Credit Reporting Act, Public Law 91-508, as amended by the Consumer Credit Reporting Act of 1996 (Title II, Subtitle D, Chapter I, of Public Law 104-208), you are being informed that reports The particular obligations of users of "prescreened" information are described in Section … (iii) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought. SECTION 604.1 604… (B) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumer's rights under this title, as prescribed by the Bureau under section 1681g(c)(3) of this title [§ 609(c)(3) of Act]. (4) Effectiveness of election. You note that your company is a consumer reporting agency and that … 1681i(e)], as added by this section. The FACT Act created new responsibilities for consumer reporting agencies and users of con­ sumer reports, many concerning consumer disclo­ sures and identity theft. (e) Election of consumer to be excluded from lists. For purposes of this paragraph, the following definitions shall apply: (i) The term “classified information” means information that is protected from unauthorized disclosure under Executive Order No. (1) The Commission stated in its Commentary on the FCRA that this "credit" purpose extends to a judgment creditor seeking a report on the judgment debtor, (2) and that a tax collection agency that has obtained a judgment (or a lien having the same effect as a judgment) against a taxpayer thus has a permissible purpose. (D) shall be effective with respect to each affiliate of the agency. (A) in connection with the business of insurance or annuities, including the activities described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation issued by the National Association of Insurance Commissioners (as in effect on January 1, 2003); (B) for any purpose permitted without authorization under the Standards for Individually Identifiable Health Information promulgated by the Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996, or referred to under section 1179 of such Act, or described in section 502(e) of Public Law 106-102; or, (C) as otherwise determined to be necessary and appropriate, by regulation or order, by the Bureau or the applicable State insurance authority (with respect to any person engaged in providing insurance or annuities). This responds to your letter asking our opinion as to whether the Internal Revenue Service (IRS) would have a permissible purpose under the Fair Credit Reporting Act (FCRA) to obtain a consumer report on the spouse of a taxpayer, whom your letter calls the "nonliable spouse," based on a combination of (1) the existence of a federal tax lien having the effect of a judgment against the taxpayer, and (2) the operation of some state community property laws that allow the IRS to reach the property of the spouse to satisfy the taxpayer's obligation. Requirements relating to information contained in consumer reports* ›. FAIR CREDIT REPORTING ACT DISCLOSURE STATEMENT In accordance with the provisions of Section 604(b) (2)(A) of the Fair Credit Reporting Act, Public Law 91-508, as amended by the Consumer Credit Reporting Act of 1996 (Title II, Subtitle D, Chapter I, of Public Law 104-208), you are being informed that reports verifying your previous (I) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency; (II) of the name, address and telephone number of the consumer reporting 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 nationwide basis); (III) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken; and. (4) Exception for national security investigations. This is a copy of the Fair Credit Reporting Act as posted on the website of the Federal Trade Commission. (5) To an agency administering a State plan under Section 454 of the Social Security Act (42 U.S.C. Re: Sections 604 and 606 of the Fair Credit Reporting Act. § 1681] TABLE OF CONTENTS § 601 Short title § 602 Congressional findings and statement of purpose Although a judgment creditor may be able to reach the property of a nonliable spouse to satisfy the taxpayer's debt, we do not believe that this possibility gives rise to the type of "concrete" or "established debt" of that nonliable spouse that provides a permissible purpose under Section 604(a)(3)(A). (A) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph (2); (B) shall be effective with respect to a consumer reporting agency, (i) subject to subparagraph (C), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph (2)(A); or. (C) the information to be furnished pertains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in section 605(a)(6). (iv) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing. (6) Notification system by agencies that operate nationwide. These are: As ordered by a court or a federal grand jury subpoena. The term ‘‘consumer report’’ does not include • Any report containing information solely about transactions or experiences between the con- (A) In general. PART 604 - FAIR CREDIT REPORTING ACT RULES . They also are known as consumer reports. 2. We hope you find it useful. (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 action on the employment application 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 notices required under subparagraph (A) of this section and under section 615(a), within 3 business days of taking such action, an oral, written or electronic notification–. Section § 604. (B) Application by mail, telephone, computer, or other similar means. Section 604(a)(3)(A) of the FCRA provides a permissible purpose to a party that "intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer." As instructed by the consumer in writing. Advertisers and sponsors are not responsible for site content. (D) Report to the Congress. All users must have a permissible purpose under the Fair Credit Reporting Act to obtain a consumer report. § 654) for use to set an initial or modified child support award. (2) In accordance with the written instructions of the consumer to whom it relates. Please try again. (3) Conditions on use for adverse actions. A consumer reporting agency may furnish a consumer report for employment purposes only if, (A) the person who obtains such report from the agency certifies 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) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation; and. Public Law 104-208 (Title II, Subtitle D, Chapter 1), the "Consumer Credit Reporting Reform Act of 1996." Section 609 refers to a section of the Fair Credit Reporting Act that addresses your rights to request copies of your own credit reports and associated information that appears on your credit reports. (A) if furnished in connection with an insurance transaction, the consumer affirmatively consents to the furnishing of the report; (B) if furnished for employment purposes or in connection with a credit transaction –, (i) the information to be furnished is relevant to process or effect the employment or credit transaction; and, (ii) the consumer provides specific written consent for the furnishing of the report that describes in clear and conspicuous language the use for which the information will be furnished; or. The latter stated that the rules required to be prescribed by the Federal financial agencies (not including the Commission) were to be finalized by June 4, 2004. (3) Actions authorized by federal law, insurance activities and regulatory determinations. Section 604 contains a list of the permissible purposes under the law. In general, any consumer reporting agency may furnish a consumer report under the following circumstances and no other: 1. 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(B) Notification of consumer upon conclusion of investigation. The latter stated that the rules required to be prescribed by the Federal financial agencies (not including the Commission) were to be finalized by June 4, 2004. § 1681] (a) Accuracy and fairness of credit reporting. Subparagraph (B) shall apply to a person procuring a consumer report on a consumer in connection with the consumer's application for employment only if –, (i) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency; and. Authority: Pub. 2. § 1681 et seq. [FTC Note 1]As written in the poorly drafted 2007 amendment that added section 604(a)(3)(G). According to the provisions of Section 612 (b) [15 USC 1681j (b)], there should be … (D) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph (A), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. § 1681 et seq.) The text of this subsection was unchanged by that legislation. Section 609 [15 USC 1681g ] of the Fair Credit Reporting Act of 1970 provides that your credit bureau should send me all information on file that led to my credit application being denied. (2) Limitation on creditors. § 602. (G) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards. (C) Delegation by head of agency or department. Support our advertisers and sponsors by clicking through to learn more about their products and services. 18,804, 18,815 (May 4, 1990). Part 604 - Fair Credit Reporting Act Rules. A consumer shall notify a consumer reporting agency under paragraph (1), (A) through the notification system maintained by the agency under paragraph (5); or. (Fortney-Schutzman letter dated December 2, 1983). [FTC Note 2]The references in Sections 604(b)(3)(A) and 604(b)(3)(B) should be to Section 1681g(c)(1), not (c)(3) that no longer exists as the result of Congress’ re-organization of Section 1681g(c) in 2003 (FACT Act). (ii) until the consumer notifies the agency under subparagraph (C), in the case of an election for which a consumer notifies the agency in accordance with paragraph (2)(B); (C) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph (5), that the election is no longer effective; and. (i) a copy of such consumer report with any classified information redacted as necessary; (ii) notice of any adverse action which is based, in part, on the consumer report; and. Fair Credit Reporting Act 1 The Fair Credit Reporting Act (FCRA) 2. became effective on April 25, 1971. A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph (A) or (C) of subsection (a)(3) in connection with any credit or insurance transaction that is not initiated by the consumer only if, (A) the consumer authorizes the agency to provide such report to such person; or. Except as permitted pursuant to paragraph (3)(C) or regulations prescribed under paragraph (5)(A), a creditor shall not obtain or use medical information (other than medical contact information treated in the manner required under section 605(a)(6)) pertaining to a consumer in connection with any determination of the consumer's eligibility, or continued eligibility, for credit. You are also entitled to certain privacy rights concerning your credit information and protection from the misuse of your credit information. FDIC Law, Regulations, Related Acts [Table of Contents] [Previous Page] 6500 - Consumer Financial Protection Bureau Appendix C to Part 1013—Issuance of Official Interpretations Interpretations of this part issued by officials of the Bureau provide the formal protection afforded under section 130(f) of the Act. . Chief Counsel (General Litigation) INTERNAL REVENUE SERVICE Washington, DC 20224, Re: Permissible purpose for judgment creditor - FCRA '604(a)(3)(A). Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of Section 605 and to limit the furnishing of consumer reports to the purposes listed under Section 604. Stated differently, the "judgment creditor" theory affords a judgment holder a permissible purpose under Section 604(a)(3)(A) by treating the debtor-creditor relationship established by a court action the same as a consensual debtor-creditor relationship. In our view, therefore, a judgment creditor -- including the IRS, if it relies solely on its status as a judgment lienholder against the taxpayer -- has no permissible purpose under Section 604(a)(3)(A) to obtain a consumer report on a debtor's nonliable spouse. In preparing the report required under paragraph (2), the Board and the Commission shall consider information relating to complaints compiled by the Commission under section 611(e) of the Fair Credit Reporting Act [15 U.S.C. When you use consumer reports to make tenant decisions, you must comply with the Fair Credit Reporting Act (FCRA). Section 604(a)(2) 3. 1681b(c)], as added by subsection (a) of this section.” Upon receipt of notification of the election of a consumer under paragraph (1) through the notification system maintained by the agency under paragraph (5), a consumer reporting agency shall, (A) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph (2)(B); and. The federal Fair Credit Reporting Act (FCRA) requires that this notice be provided to inform users of consumer reports of their legal obligations. Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other: (1) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury. 3. such as the Truth in Lending Act and the Fair Debt Collection Practices Act. Your letter cites this provision as Section 604(3)(A), as it existed prior to the September 1996 amendments that substantially revised the FCRA. For the reasons set forth below, we answer in the negative. These tenant background checks can include a variety of information, including rental and eviction history, credit, or criminal records. a credit reporting system that is fair and accurate to the consumer, and protects the privacy and specifies the permitted uses of consumer information -- go to Section 602 . Microsoft Edge. (4) Limitation on redisclosure of medical information. The FCRA is a part of a group of acts contained in the Federal Consumer Credit Protection Act. Under the Fair Credit Reporting Act (FCRA), you have a right to the fair and accurate reporting of your credit information. “The Federal Trade Commission may issue such guidelines as it deems necessary with respect to the use of consumer reports in connection with insurance transactions that are not initiated by the consumer pursuant to section 604(c) of the Fair Credit Reporting Act [15 U.S.C. Google Chrome, State law may impose additional requirements. 12958 or successor orders. Congress has limited the use of consumer reports to protect consumers’ privacy. FAIR CREDIT REPORTING ACT DISCLOSURE STATEMENT In accordance with the provisions of Section 604(b)(2)(A) of the Fair Credit Reporting Act, Public Law 91-508, as amended by the Consumer Credit Reporting Reform Act of 1996 (Title II, Subtitle D, Chapter 1, of Public Law From training, policies, forms, and publications, to office products and occasional gifts, it’s available here: BOL Learning Connect offers more than 200 courses ON-DEMAND or on CD ROM from AML to Reg Z and every topic in between. The Fair Credit Reporting Act (FCRA),15 U.S.C. § 1681b] In general. Section 604(a)(1) As instructed by the consumer in writing. The nonliable spouse has no "credit" relationship with the judgment holder under that provision, and thus no "concrete" or "established" connection to that party that would provide a permissible purpose pursuant to its terms. (ii) The term “national security investigation” 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 continued access to classified information or to determine whether classified information has been lost or compromised. Stay up-to-date with FindLaw's newsletter for legal professionals, FTC Staff Opinion Letter: Fair Credit Reporting Act Section 604(a)(3)(A). Looking for effective, convenient training on a particular subject. Section 601 - The popular name of the law is the "Fair Credit Reporting Act" or the FCRA for short -- go to Section 601. 1. Section 604(a)(2) For the extension of credit as a result of an application from a consumer, or the review or collection of a consumer's account. CFR › Title 16 › Volume 1 › Chapter I › Subchapter F › Part 604. Title 16 Part 604 of the Electronic Code of Federal Regulations. A consumer may elect to have the consumer's name and address excluded from any list provided by a consumer reporting agency under subsection (c)(1)(B) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph (2) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer. All rights reserved. Copies of the previous staff letters quoted above are attached. . If a consumer reporting agency is notified pursuant to Section 623(a)(4) 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 information related to the account. Congressional findings and statement of purpose [15 U.S.C. A collection of useful resources for various areas of the bank which have been developed by members of the BankersOnline staff or have been created and contributed by users of the BankersOnline site. BankersOnline.com - For bankers. (1) In general. [Note: See also 12 CFR Parts 41/222/232/334/571/717]. Section 604(c). These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the … . (6) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution 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 connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable. 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