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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the … Congress has limited the use of consumer reports to protect consumers’ privacy. 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. 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 . CFR › Title 16 › Volume 1 › Chapter I › Subchapter F › Part 604. (ii) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person. Advertisers and sponsors are not responsible for site content. (FCRA sections in the U.S. Code, 15 U.S.C. The previous version of section 604(b)(5), added in 2003 by the FACT Act, contained two subsections (A) and (B). § 1681] TABLE OF CONTENTS § 601 Short title § 602 Congressional findings and statement of purpose Not later than January 31 of each year, the head of each agency and department of the United States Government that exercised authority under this paragraph during the preceding year shall submit a report to the Congress on the number of times the department or agency exercised such authority during the year. (3) Information regarding inquiries. The FCRA is a part of a group of acts contained in the Federal Consumer Credit Protection Act (15 USC §1601 et seq. (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]. 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. (Fortney-Schutzman letter dated December 2, 1983). Section 604 contains a list of the permissible purposes under the law. BankersOnline is a free service made possible by the generous support of our advertisers and sponsors. (4) Limitation on redisclosure of medical information. Congressional findings and statement of purpose [15 U.S.C. 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. The Fair Credit Reporting Act (FCRA), 15 U.S.C. 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. § 1681 et seq. The Federal Trade Commission (FTC) enforces the FCRA. No provision of this subsection shall be construed as altering, affecting, or superseding the applicability of any other provision of Federal law relating to medical confidentiality. (A) In general. (2) the purpose is certified in accordance with section 607 [§ 1681e] by a prospective user of the report through a general or specific certification. When you use consumer reports to make tenant decisions, you must comply with the Fair Credit Reporting Act (FCRA). The "judgment creditor" permissible purpose had its inception in a series of informal opinion letters issued by the Commission staff. Copies of the previous staff letters quoted above are attached. As instructed by the consumer in writing. 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." (1) In general. (i) the consumer report is relevant to a national security investigation of such agency or department; (ii) the investigation is within the jurisdiction of such agency or department; (iii) there is reason to believe that compliance with paragraph (3) will –. 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. ), such as the Truth in Lending Act and the Fair Debt Collection Practices Act. These are: As ordered by a court or a federal grand jury subpoena. All users must have a permissible purpose under the Fair Credit Reporting Act to obtain a consumer report. (B) (i) the transaction consists of a firm offer of credit or insurance; (ii) the consumer reporting agency has complied with subsection (e); (iii) there is not in effect an election by the consumer, made in accordance with subsection (e), to have the consumer's name and address excluded from lists of names provided by the agency pursuant to this paragraph; and. These are: 1. 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 (2) In accordance with the written instructions of the consumer to whom it relates. They also are known as consumer reports. Each consumer reporting agency that, under subsection (c)(1)(B), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall, (i) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumer's election to have the consumer's name and address excluded from any such list of names and addresses provided by the agency for such a transaction; and, (ii) publish by not later than 365 days after the date of enactment of the Consumer Credit Reporting Reform Act of 1996, and not less than annually thereafter, in a publication of general circulation in the area served by the agency, (I) a notification that information in consumer files maintained by the agency may be used in connection with such transactions; and. [FTC Note 1]As written in the poorly drafted 2007 amendment that added section 604(a)(3)(G). (6) Coordination with other laws. “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. [Note: As amended effective 7/21/11 by § 1088 of the Dodd-Frank Act.]. 3. such as the Truth in Lending Act and the Fair Debt Collection Practices Act. 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. THE FAIR CREDIT REPORTING ACT (FCRA) [15 U.S.C. We recommend using In general, any consumer reporting agency may furnish a consumer report under the following circumstances and no other: 1. 1. Section 609 of the Fair Credit Reporting Act requires credit reporting agencies to disclose information to consumers who request it about what is in their credit reports. 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. 2. It also created new rights Public Law 104-208 (Title II, Subtitle D, Chapter 1), the "Consumer Credit Reporting Reform Act of 1996." (A) In general. 2. (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). (3) You note that some community property states allow the IRS to reach the spouse's share of community property to satisfy the taxpayer's liability, and argue that the IRS should have a permissible purpose to obtain a report on the spouse. Section 604(a)(2) 3. 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) 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. Except as provided in section 609(a)(5) [§1681g], a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer. The previous version of section 604(b)(5), added in 2003 by the FACT Act, contained two subsections (A) and (B). Stay up-to-date with FindLaw's newsletter for legal professionals, FTC Staff Opinion Letter: Fair Credit Reporting Act Section 604(a)(3)(A). The text of … Your letter cites this provision as Section 604(3)(A), as it existed prior to the September 1996 amendments that substantially revised the FCRA. . (2) Limitation on creditors. 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). (e) Election of consumer to be excluded from lists. the Consumer Credit Reporting Reform Act of 1996, the Gramm-Leach-Bliley Act of 1999, and the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). (D) shall be effective with respect to each affiliate of the agency. (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. (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. (II) the address and toll-free telephone number for consumers to use to notify the agency of the consumer's election under clause (I). Your letter cites this provision as Section 604(3)(A), as it existed prior to the September 1996 amendments that substantially revised the FCRA. 1 However, this copy has anchors and links on it to facilitate moving within the law. Templates for 609 letters can be found on the internet—often for a fee—but there is no need to spend money on such a product. 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. It is the fact of the legally established debt . In the absence of any such "credit" relationship between the judgment holder and the spouse, we do not believe the same permissible purpose exists. (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. (2) Limits on information received under paragraph (1)(B). Copyright © 2021, Thomson Reuters. 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. (C) Delegation by head of agency or department. Chief Counsel (General Litigation) INTERNAL REVENUE SERVICE Washington, DC 20224, Re: Permissible purpose for judgment creditor - FCRA '604(a)(3)(A). In response to the order of a court having jurisdiction to issue, such as a subpoena, and in connection with proceedings before a Federal grand jury. Microsoft Edge. Section 604(a)(1) 2. 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. 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. ... Home; Title 16 PART 604. [FTC Note 2]. (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. (B) Application by mail, telephone, computer, or other similar means. Our theory is, and always has been, that the court's ruling establishes a concrete debt owed to the judgment creditor. 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 § 1681, is U.S. Federal Government legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies.It was intended to protect consumers from the willful and/or negligent inclusion of inaccurate information in their credit reports. An alternative would have been to add a new section 604(a)(7) allowing a permissible purpose for a consumer report “To executive departments and agencies ... ”, (4) In response to a request by the head of a State or local child support enforcement agency (or a State or local government official authorized by the head of such an agency), if the person making the request certifies to the consumer reporting agency that. Firefox, or The Congress makes the fol-lowing findings: (1) The banking system is dependent upon fair and accurate credit report-ing. (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). (1) Limitation on consumer reporting agencies. (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 603(d)(3) shall not be construed so as to treat information or any communication of information as a consumer report if the information or communication is disclosed –. Please try again. Section 604 contains a list of the permissible purposes under the law. (B) Application by mail, telephone, computer, or other similar means. (4) Exception for national security investigations. (1) Certification from user. (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. This title may be cited as the “Fair Credit Reporting Act”. The particular obligations of users of "prescreened" information are described in Section … 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. ‹ Sec. 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. that establishes the permissible purpose. Section § 604. (1) In general. (I) endanger the life or physical safety of any person; (III) result in the destruction of, or tampering with, evidence relevant to the investigation; (IV) result in the intimidation of a potential witness relevant to the investigation; (V) result in the compromise of classified information; or. BankersOnline.com - For bankers. Authority: Pub. (iii) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought. (c) Furnishing reports in connection with credit or insurance transactions that are not initiated by the consumer. The views set forth in this staff opinion letter are not binding on the Commission. Fair Credit Reporting Act (FCRA) (15 USC §§1681-1681u) became effective on April 25, 1971. The term ‘‘consumer report’’ does not include • Any report containing information solely about transactions or experiences between the con- The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transactions under paragraph (2) that are determined to be necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs (and which shall include permitting actions necessary for administrative verification purposes), consistent with the intent of paragraph (2) to restrict the use of medical information for inappropriate purposes. All users must have a permissible purpose under the FCRA to obtain a consumer report. An election of a consumer under paragraph (1). Under the Fair Credit Reporting Act (FCRA), you have a right to the fair and accurate reporting of your credit information. These are: As ordered by a court or a federal grand jury subpoena. 16 C.F.R. Except as provided in subparagraph (B), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates –, (ii) a description in writing of the rights of the consumer under this title, as prescribed by the Bureau under section 1681g(c)(3) of this title. (b) Conditions for Furnishing and Using Consumer Reports for Employment Purposes. A consumer shall notify a consumer reporting agency under paragraph (1), (A) through the notification system maintained by the agency under paragraph (5); or. Learn more about FindLawâs newsletters, including our terms of use and privacy policy. (B) Establishment and maintenance as compliance. § 1681] (a) Accuracy and fairness of credit reporting. Learn about our FREE and Premium Newsletters and Briefings. . (B) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph. 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. What does it do for you as a Consumer?How are your rights protected? Section 602 - Why Congress found a need for the law, i.e. According to the provisions of Section 612 (b) [15 USC 1681j (b)], there should be … 1681b(c)], as added by subsection (a) of this section.” (VI) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding. 603. (D) Report to the Congress. The FACT Act created new responsibilities for consumer reporting agencies and users of con sumer reports, many concerning consumer disclo sures and identity theft. § 602. (5) Regulations and Effective Date for Paragraph (2). Permissible purposes of consumer reports. 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. (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. involving the extension of credit to, or review or collection of an account of the consumer, or It doesn’t take a rocket scientist to clearly see that 15 U.S.C. § 1681b] In general. . . SECTION 604.1 604… (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. 605. The federal Fair Credit Reporting Act (FCRA) requires that this notice be provided to inform users of consumer reports of their legal obligations. Definitions; rules of construction*, Sec. (6) Notification system by agencies that operate nationwide. (A) In general. L. 108-159, secs. 18,804, 18,815 (May 4, 1990). Begin typing to search, use arrow keys to navigate, use enter to select. We hope you find it useful. These tenant background checks can include a variety of information, including rental and eviction history, credit, or criminal records. (C) Scope. The email address cannot be subscribed. (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. (A)4 Regulations required. Section 604 contains a list of the permissible purposes under the law. [15 U.S.C. Requirements relating to information contained in consumer reports* ›. Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph (5) jointly with other such consumer reporting agencies. This first section of this summary sets forth the responsibilities imposed by … Section 607 § 1681e. Section 601 - The popular name of the law is the "Fair Credit Reporting Act" or the FCRA for short -- go to Section 601. Section 604(a)(1) As instructed by the consumer in writing. 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. What is the FCRA? 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. 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. Internet Explorer 11 is no longer supported. Google Chrome, Re: Sections 604 and 606 of the Fair Credit Reporting Act. 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. Section 604(a)(l) As instructed by the consumer in writing. [FTC Note 1]. Support our advertisers and sponsors by clicking through to learn more about their products and services. The language If a consumer described in subparagraph (C) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application –, (i) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumer's rights under section 1681m(a)(3) of this title [§615(a)(3) of the Act]; and. (E) Definitions. § 1681 et seq.) For the reasons set forth below, we answer in the negative. [Note: See also 12 CFR Parts 41/222/232/334/571/717]. Section 604 contains a list of the permissible purposes under the law. (3) Actions authorized by federal law, insurance activities and regulatory determinations. Compliance Procedures. 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) In general. You are also entitled to certain privacy rights concerning your credit information and protection from the misuse of your credit information. The Commentary, of course, was based on the FCRA as it existed before the 1996 amendments. Provided to inform users... making “ prescreened ” unsolicited offers of Credit Reporting Act ( FCRA,15! Inception in a valuation or assessment of the Dodd-Frank Act. ] their products and services › 604! ; 55 Fed Reg clicking through to learn more about FindLawâs Newsletters, rental! ( B ) Application by mail, telephone, computer, or criminal records the... Sections in the federal consumer Credit Protection Act. ] ) executive departments and agencies connection.? 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