(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. 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 604.
(b) 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.
6-1558.1
(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.
(1) A consumer reporting agency
shall provide to any person—
(A) who regularly and in
the ordinary course of business furnishes information to the agency
with respect to any consumer; or
(B) to whom a consumer report is provided
by the agency;
a notice of such person’s responsibilities
under this title.
(2)
The Bureau shall prescribe the content of notices under paragraph
(1), and a consumer reporting agency shall be in compliance with this
subsection if it provides a notice under paragraph (1) that is substantially
similar to the Bureau prescription under this paragraph.
6-1558.2
(e) Procurement of consumer
report for resale.
(1) 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—
(A) the
identity of the end-user of the report (or information); and
(B) each permissible purpose
under section 604 for which the report is furnished to the end-user
of the report (or information).
(2) 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 604, 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—
(i) identifies
each end user of the resold report (or information);
(ii) certifies each purpose for which the
report (or information) will be used; and
(iii) certifies that the report (or information)
will be used for no other purpose; and
(B) before reselling the
report, make reasonable efforts to verify the identifications and
certifications made under subparagraph (A).
6-1558.3
(3) 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 604(b)(4)(E)(i)); and
(B) the agency or department certifies
in writing to the person reselling the report that nondisclosure is
necessary to protect classified information or the safety of persons
employed by or contracting with, or undergoing investigation for work
or contracting with the agency or department.
[15 USC 1681e.
As amended by acts of Sept. 30, 1996 (110 Stat. 3009-435, 436); Nov.
20, 1997 (111 Stat. 2256); and July 21, 2010 (124 Stat. 2087).]
