(a) Block. Except as otherwise provided in this section, a consumer
reporting agency shall block the reporting of any information in the
file of a consumer that the consumer identifies as information that
resulted from an alleged identity theft, not later than 4 business
days after the date of receipt by such agency of—
(1) appropriate proof of the identity of
the consumer;
(2) a
copy of an identity theft report;
(3) the identification of such information
by the consumer; and
(4) a statement by the consumer that the information is not information
relating to any transaction by the consumer.
(b) Notification. A consumer
reporting agency shall promptly notify the furnisher of information
identified by the consumer under subsection (a)—
(1) that the information may be a result
of identity theft;
(2)
that an identity theft report has been filed;
(3) that a block has been requested under
this section; and
(4)
of the effective dates of the block.
6-1555.41
(c) Authority to decline or
rescind.
(1) A consumer reporting agency may decline
to block, or may rescind any block, of information relating to a consumer
under this section, if the consumer reporting agency reasonably determines
that—
(A) the information was blocked in error
or a block was requested by the consumer in error;
(B) the information was blocked, or
a block was requested by the consumer, on the basis of a material
misrepresentation of fact by the consumer relevant to the request
to block; or
(C)
the consumer obtained possession of goods, services, or money as a
result of the blocked transaction or transactions.
(2) If a block of information
is declined or rescinded under this subsection, the affected consumer
shall be notified promptly, in the same manner as consumers are notified
of the reinsertion of information under section 611(a)(5)(B).
(3) For purposes of this subsection,
if a consumer reporting agency rescinds a block, the presence of information
in the file of a consumer prior to the blocking of such information
is not evidence of whether the consumer knew or should have known
that the consumer obtained possession of any goods, services, or money
as a result of the block.
6-1555.42
(d) Exception for resellers.
(1) This section shall not apply to a consumer
reporting agency, if the consumer reporting agency—
(A) is a
reseller;
(B) is
not, at the time of the request of the consumer under subsection (a),
otherwise furnishing or reselling a consumer report concerning the
information identified by the consumer; and
(C) informs the consumer, by any means,
that the consumer may report the identity theft to the Bureau to obtain
consumer information regarding identity theft.
(2) The sole obligation of
the consumer reporting agency under this section, with regard to any
request of a consumer under this section, shall be to block the consumer
report maintained by the consumer reporting agency from any subsequent
use, if—
(A) the consumer, in accordance with
the provisions of subsection (a), identifies, to a consumer reporting
agency, information in the file of the consumer that resulted from
identity theft; and
(B) the consumer reporting agency is a reseller of the identified
information.
(3) In carrying out its obligation under paragraph (2), the reseller
shall promptly provide a notice to the consumer of the decision to
block the file. Such notice shall contain the name, address, and telephone
number of each consumer reporting agency from which the consumer information
was obtained for resale.
6-1555.43
(e) Exception for verification companies. The
provisions of this section do not apply to a check services company,
acting as such, which issues authorizations for the purpose of approving
or processing negotiable instruments, electronic fund transfers, or
similar methods of payments, except that, beginning 4 business days
after receipt of information described in paragraphs (1) through (3)
of subsection (a), a check services company shall not report to a
national consumer reporting agency described in section 603(p), any
information identified in the subject identity theft report as resulting
from identity theft.
(f) Access to blocked information by law enforcement agencies. No
provision of this section shall be construed as requiring a consumer
reporting agency to prevent a Federal, State, or local law enforcement
agency from accessing blocked information in a consumer file to which
the agency could otherwise obtain access under this title.
[15 USC 1681c-2. As
added by act of Dec. 4, 2003 (117 Stat. 1964) and amended by act of
July 21, 2010 (124 Stat. 2087).]
