15 USC 1681j - Charges for certain disclosures

U.S Code last checked for updates: Nov 22, 2024

§ 1681j.

Charges for certain disclosures

(a)

Free annual disclosure

(1)

Nationwide consumer reporting agencies

(A)

In general

(B)

Centralized source

(C)

Nationwide specialty consumer reporting agency

(i)

In general

(ii)

Considerations

In prescribing regulations under clause (i), the Bureau shall consider—

(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)

Date of issuance

(iv)

Consideration of ability to comply

The regulations of the Bureau under this subparagraph shall establish an effective date by which each nationwide specialty consumer reporting agency (as defined in section 1681a(w) ¹ of this title) shall be required to comply with subsection (a), which effective 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

(3)

Reinvestigations

(4)

Exception for first 12 months of operation

(b)

Free disclosure after adverse notice to consumer

(c)

Free disclosure under certain other circumstances

Upon the request of the consumer, a consumer reporting agency shall make all disclosures pursuant to section 1681g of this title once during any 12-month period without charge to that consumer if the consumer certifies in writing that the consumer—

(1)

is unemployed and intends to apply for employment in the 60-day period beginning on the date on which the certification 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 information due to fraud.

(d)

Free disclosures in connection with fraud alerts

(e)

Other charges prohibited

(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 subsections (a) through (d), a consumer reporting agency may impose a reasonable charge on a consumer—

(A)

for making a disclosure to the consumer pursuant to section 1681g of this title, which charge—

(i)

shall not exceed $8; and

(ii)

shall be indicated to the consumer before making the disclosure; and

(B)

for furnishing, pursuant to section 1681i(d) of this title, following a reinvestigation under section 1681i(a) of this title, a statement, codification, or summary to a person designated by the consumer under that section after the 30-day period beginning on the date of notification of the consumer under paragraph (6) or (8) of section 1681i(a) of this title with respect to the reinvestigation, 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 information.

(2)

Modification of amount

(g)

Prevention of deceptive marketing of credit reports

(1)

In general

(2)

Television and radio advertisement

(Pub. L. 90–321, title VI, § 612, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1132; amended Pub. L. 104–208, div. A, title II, § 2410, Sept. 30, 1996, 110 Stat. 3009–442; Pub. L. 108–159, title II, § 211(a), Dec. 4, 2003, 117 Stat. 1968; Pub. L. 111–24, title II, § 205(a), May 22, 2009, 123 Stat. 1747; Pub. L. 111–203, title X, § 1088(a)(2)(A), (C), July 21, 2010, 124 Stat. 2087.)

cite as: 15 USC 1681j