(a) Definitions and rules of
construction set forth in this section are applicable for the purposes
of this title.
(b) The term “person” means any
individual, partnership, corporation, trust, estate, cooperative,
association, government or governmental subdivision or agency, or
other entity.
(c) The term “consumer” means an individual.
(d) Consumer report.
(1) The term means any written,
oral, or other communication of any information by a consumer reporting
agency bearing on a consumer’s credit worthiness, credit standing,
credit capacity, character, general reputation, personal characteristics,
or mode of living which is used or expected to be used or collected
in whole or in part for the purpose of serving as a factor in establishing
the consumer’s eligibility for—
(A) credit or insurance
to be used primarily for personal, family, or household purposes;
(B) employment purposes;
or
(C) any other
purpose authorized under section 604.
(2) Except as provided in paragraph (3),
the term “consumer report” does not include—
(A) subject to section
624, any—
(i) report containing information solely as
to transactions or experiences between the consumer and the person
making the report;
(ii)
communication of that information among persons related by common
ownership or affiliated by corporate control; or
(iii) communication of other information among
persons related by common ownership or affiliated by corporate control,
if it is clearly and conspicuously disclosed to the consumer that
the information may be communicated among such persons and the consumer
is given the opportunity, before the time that the information is
initially communicated, to direct that such information not be communicated
among such persons;
(B) any authorization or approval of
a specific extension of credit directly or indirectly by the issuer
of a credit card or similar device;
(C) any report in which a person who
has been requested by a third party to make a specific extension of
credit directly or indirectly to a consumer conveys his or her decision
with respect to such request, if the third party advises the consumer
of the name and address of the person to whom the request was made,
and such person makes the disclosure to the consumer required under
section 615; or
(D) a communication described in subsection (o) or (x).
(3) Except for information
or any communication of information disclosed as provided in section
604(g)(3), the exclusions in paragraph (2) shall not apply with respect
to information disclosed to any person related by common ownership
or affiliated by corporate control, if the information is—
(A) medical
information;
(B)
an individualized list or description based on the payment transactions
of the consumer for medical products or services; or
(C) an aggregate list of identified
consumers based on payment transactions for medical products or services.
6-1553
(e) The term “investigative consumer
report” means a consumer report or portion thereof in which information
on a consumer’s character, general reputation, personal characteristics,
or mode of living is obtained through personal interviews with neighbors,
friends, or associates of the consumer reported on or with others with
whom he is acquainted or who may have knowledge concerning any such
items of information. However, such information shall not include
specific factual information on a consumer’s credit record obtained
directly from a creditor of the consumer or from a consumer reporting
agency when such information was obtained directly from a creditor
of the consumer or from the consumer.
(f) The term
“consumer reporting agency” means any person which, for monetary fees,
dues, or on a cooperative nonprofit basis, regularly engages in whole
or in part in the practice of assembling or evaluating consumer credit
information or other information on consumers for the purpose of furnishing
consumer reports to third parties, and which uses any means or facility
of interstate commerce for the purpose of preparing or furnishing
consumer reports.
(g) The term “file”, when used
in connection with information on any consumer, means all of the information
on that consumer recorded and retained by a consumer reporting agency
regardless of how the information is stored.
(h)
The term “employment purposes” when used in connection with a consumer
report means a report used for the purpose of evaluating a consumer
for employment, promotion, reassignment or retention as an employee.
(i) Medical information. The term “medical information”—
(1) means information or data, whether
oral or recorded, in any form or medium, created by or derived from
a health care provider or the consumer, that relates to—
(A) the
past, present, or future physical, mental, or behavioral health or
condition of an individual;
(B) the provision of health care to
an individual; or
(C) the payment for the provision of health care to an individual.
(2) does
not include the age or gender of a consumer, demographic information
about the consumer, including a consumer’s residence address or e-mail
address, or any other information about a consumer that does not relate
to the physical, mental, or behavioral health or condition of a consumer,
including the existence or value of any insurance policy.
6-1553.1
(j) Definitions relating
to child support obligations.
(1) The term “overdue support” has the
meaning given to such term in section 466(e) of the Social Security
Act.
(2) The term “State
or local child support enforcement agency” means a State or local
agency which administers a State or local program for establishing
and enforcing child support obligations.
6-1553.2
(k) Adverse action.
(1) The term “adverse action”—
(A) has
the same meaning as in section 701(d)(6) of the Equal Credit Opportunity
Act; and
(B) means—
(i) a denial or cancellation of, an increase in any charge for, or
a reduction or other adverse or unfavorable change in the terms of
coverage or amount of, any insurance, existing or applied for, in
connection with the underwriting of insurance;
(ii) a denial of employment or any other decision
for employment purposes that adversely affects any current or prospective
employee;
(iii) a denial
or cancellation of, an increase in any charge for, or any other adverse
or unfavorable change in the terms of, any license or benefit described
in section 604(a)(3)(D); and
(iv) an action taken or determination that is—
(I) made in connection with an application
that was made by, or a transaction that was initiated by, any consumer,
or in connection with a review of an account under section 604(a)(3)(F)(ii);
and
(II) adverse to the
interests of the consumer.
(2) For purposes of any
determination of whether an action is an adverse action under paragraph (1)(A),
all appropriate final findings, decisions, commentary, and orders
issued under section 701(d)(6) of the Equal Credit Opportunity Act
by the Bureau or any court shall apply.
6-1553.3
(l) Firm offer of credit or insurance. The term “firm offer of credit or insurance” means any offer of
credit or insurance to a consumer that will be honored if the consumer
is determined, based on information in a consumer report on the consumer,
to meet the specific criteria used to select the consumer for the
offer, except that the offer may be further conditioned on one or
more of the following:
(1) The consumer being determined, based
on information in the consumer’s application for the credit or insurance,
to meet specific criteria bearing on credit worthiness or insurability,
as applicable, that are established—
(A) before selection of
the consumer for the offer; and
(B) for the purpose of determining whether
to extend credit or insurance pursuant to the offer.
(2) Verification—
(A) that
the consumer continues to meet the specific criteria used to select
the consumer for the offer, by using information in a consumer report
on the consumer, information in the consumer’s application for the
credit or insurance, or other information bearing on the credit worthiness
or insurability of the consumer; or
(B) of the information in the consumer’s
application for the credit or insurance, to determine that the consumer
meets the specific criteria bearing on credit worthiness or insurability.
(3) The consumer
furnishing any collateral that is a requirement for the extension
of the credit or insurance that was—
(A) established before
selection of the consumer for the offer of credit or insurance; and
(B) disclosed to the
consumer in the offer of credit or insurance.
6-1553.4
(m) Credit or insurance
transaction that is not initiated by the consumer. The term “credit
or insurance transaction that is not initiated by the consumer” does
not include the use of a consumer report by a person with which the
consumer has an account or insurance policy, for purposes of—
(1) reviewing the account or insurance
policy; or
(2) collecting
the account.
(n) State. The term “State” means any State, the Commonwealth of
Puerto Rico, the District of Columbia, and any territory or possession
of the United States.
6-1553.5
(o) Excluded communications. A communication
is described in this subsection if it is a communication—
(1) that, but for subsection (d)(2)(D),
would be an investigative consumer report;
(2) that is made to a prospective employer
for the purpose of—
(A) procuring an employee for the employer;
or
(B) procuring
an opportunity for a natural person to work for the employer;
(3) that is made by a
person who regularly performs such procurement;
(4) that is not used by any person for
any purpose other than a purpose described in subparagraph (A) or
(B) of paragraph (2); and
(5) with respect to which—
(A) the consumer who is the subject
of the communication—
(i) consents orally or in writing to the nature
and scope of the communication, before the collection of any information
for the purpose of making the communication;
(ii) consents orally or in writing to the
making of the communication to a prospective employer, before the
making of the communication; and
(iii) in the case of consent under clause
(i) or (ii) given orally, is provided written confirmation of
that consent by the person making the communication, not later than
3 business days after the receipt of the consent by that person;
(B)
the person who makes the communication does not, for the purpose of
making the communication, make any inquiry that if made by a prospective
employer of the consumer who is the subject of the communication would
violate any applicable Federal or State equal employment opportunity
law or regulation; and
(C) the person who makes the communication—
(i) discloses
in writing to the consumer who is the subject of the communication,
not later than 5 business days after receiving any request from the
consumer for such disclosure, the nature and substance of all information
in the consumer’s file at the time of the request, except that the
sources of any information that is acquired solely for use in making
the communication and is actually used for no other purpose, need
not be disclosed other than under appropriate discovery procedures
in any court of competent jurisdiction in which an action is brought;
and
(ii) notifies the
consumer who is the subject of the communication, in writing, of the
consumer’s right to request the information described in clause (i).
6-1553.6
(p) Consumer reporting agency that compiles and
maintains files on consumers on a nationwide basis. The term
“consumer reporting agency that compiles and maintains files on consumers
on a nationwide basis” means a consumer reporting agency that regularly
engages in the practice of assembling or evaluating, and maintaining,
for the purpose of furnishing consumer reports to third parties bearing
on a consumer’s credit worthiness, credit standing, or credit capacity,
each of the following regarding consumers residing nationwide:
(1) Public record information.
(2) Credit account information
from persons who furnish that information regularly and in the ordinary
course of business.
6-1553.61
(q) Definitions relating to fraud alerts.
(1) The term “active duty military consumer”
means a consumer in military service who—
(A) is on active duty
(as defined in section 101(d)(1) of title 10, United States Code)
or is a reservist performing duty under a call or order to active
duty under a provision of law referred to in section 101(a)(13) of
title 10, United States Code; and
(B) is assigned to service away from
the usual duty station of the consumer.
(2) The terms “fraud alert” and “active
duty alert” mean a statement in the file of a consumer that—
(A) notifies
all prospective users of a consumer report relating to the consumer
that the consumer may be a victim of fraud, including identity theft,
or is an active duty military consumer, as applicable; and
(B) is presented in a manner
that facilitates a clear and conspicuous view of the statement described
in subparagraph (A) by any person requesting such consumer report.
(3) The
term “identity theft” means a fraud committed using the identifying
information of another person, subject to such further definition
as the Bureau may prescribe, by regulation.
(4) The term “identity theft report” has
the meaning given that term by rule of the Bureau, and means, at a
minimum, a report—
(A) that alleges an identity theft;
(B) that is a copy
of an official, valid report filed by a consumer with an appropriate
Federal, State, or local law enforcement agency, including the United
States Postal Inspection Service, or such other government agency
deemed appropriate by the Bureau; and
(C) the filing of which subjects the
person filing the report to criminal penalties relating to the filing of false
information if, in fact, the information in the report is false.
(5) The
term “new credit plan” means a new account under an open end credit
plan (as defined in section 103(i) of the Truth in Lending Act) or
a new credit transaction not under an open end credit plan.
6-1553.62
(r) Credit and debit related
terms.
(1) The term “card issuer”
means—
(A) a credit card issuer, in the case
of a credit card; and
(B) a debit card issuer, in the case of a debit card.
(2) The term “credit card”
has the same meaning as in section 103 of the Truth in Lending Act.
(3) The term “debit card”
means any card issued by a financial institution to a consumer for
use in initiating an electronic fund transfer from the account of
the consumer at such financial institution, for the purpose of transferring
money between accounts or obtaining money, property, labor, or services.
(4) The terms “account”
and “electronic fund transfer” have the same meanings as in section
903 of the Electronic Fund Transfer Act.
(5) The terms “credit” and “creditor” have
the same meanings as in section 702 of the Equal Credit Opportunity
Act.
6-1553.63
(s) Federal banking agency. The term “Federal banking agency” has
the same meaning as in section 3 of the Federal Deposit Insurance
Act.
(t) Financial institution. The term “financial institution” means a State or National bank,
a State or Federal savings and loan association, a mutual savings
bank, a State or Federal credit union, or any other person that, directly
or indirectly, holds a transaction account (as defined in section
19(b) of the Federal Reserve Act) belonging to a consumer.
(u) Reseller. The term
“reseller” means a consumer reporting agency that—
(1) assembles and merges information contained
in the database of another consumer reporting agency or multiple consumer
reporting agencies concerning any consumer for purposes of furnishing
such information to any third party, to the extent of such activities;
and
(2) does not maintain
a database of the assembled or merged information from which new consumer
reports are produced.
6-1553.64
(v) Commission. The term “Commission” means
the Federal Trade Commission.
(w) Bureau. The term “Bureau” means the Bureau
of Consumer Financial Protection.
(x) Nationwide specialty consumer reporting agency. The term “nationwide specialty consumer reporting agency” means
a consumer reporting agency that compiles and maintains files on consumers
on a nationwide basis relating to—
(1) medical records or payments;
(2) residential or tenant
history;
(3) check
writing history;
(4)
employment history; or
(5) insurance claims.
6-1553.65
(y) Exclusion of certain communications for employee
investigations.
(1) A communication is described in this
subsection if—
(A) but for subsection (d)(2)(D), the
communication would be a consumer report;
(B) the communication is made to an
employer in connection with an investigation of—
(i) suspected misconduct
relating to employment; or
(ii) compliance with Federal, State, or local laws and regulations,
the rules of a self-regulatory organization, or any preexisting written
policies of the employer;
(C) the communication is not made for
the purpose of investigating a consumer’s credit worthiness, credit standing,
or credit capacity; and
(D) the communication is not provided
to any person except—
(i) to the employer or an agent of the employer;
(ii) to any Federal or State
officer, agency, or department, or any officer, agency, or department
of a unit of general local government;
(iii) to any self-regulatory organization
with regulatory authority over the activities of the employer or employee;
(iv) as otherwise required
by law; or
(v) pursuant
to section 608.
(2) After taking any adverse action based
in whole or in part on a communication described in paragraph (1),
the employer shall disclose to the consumer a summary containing the
nature and substance of the communication upon which the adverse action
is based, except that the sources of information acquired solely for
use in preparing what would be but for subsection (d)(2)(D) an investigative
consumer report need not be disclosed.
(3) For purposes of this subsection, the
term “self-regulatory organization” includes any self-regulatory organization
(as defined in section 3(a)(26) of the Securities Exchange Act of
1934), any entity established under title I of the Sarbanes-Oxley
Act of 2002, any board of trade designated by the Commodity Futures
Trading Commission, and any futures association registered with such
Commission.
(z) Veteran. The term “veteran” has the meaning given the term in
section 101 of title 38, United States Code.
(aa) Veteran’s medical debt. The term “veteran’s
medical debt”—
(1) means a medical collection debt of
a veteran owed to a non-Department of Veterans Affairs health care
provider that was submitted to the Department for payment for health
care authorized by the Department of Veterans Affairs; and
(2) includes medical collection
debt that the Department of Veterans Affairs has wrongfully charged
a veteran.
[15 USC 1681a. As amended
by acts of Oct. 27, 1992 (106 Stat. 3531); Sept. 30, 1996 (110 Stat.
3009-426, 427, 428, 429); Nov. 2, 1998 (112 Stat. 3211); Dec. 4, 2003
(117 Stat. 1954, 1983, 2001, 2010, 2011); July 21, 2010 (124 Stat.
2086, 2087); and May 24, 2018 (132 Stat. 1333).]
