15 U.S. Code § 1681b - Permissible purposes of consumer reports

In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.

intends to use the information in connection with a credit transaction involving the account of, the (B)

intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or

executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.

(4) In response to a request by the head of a State or local child support enforcement agency (or a (A)

To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.

To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insuredFederal Deposit Insurance Act [12 U.S.C. 1811 et seq.] or the Federal Credit Union Act [12 U.S.C. 1751 et seq.], or other applicable Federal or (b) Conditions for furnishing and using consumer reports for employment purposes

(1) Certification from user A consumer reporting agency may furnish a (A) the person who obtains such report from the agency certifies to the agency that—

the consumer reporting agency provides with the report, or has previously provided, a summary of the consumer’s rights under this subchapter, as prescribed by the Bureau under section 1681g(c)(3) [1] of this title.

the (C) Scope Subparagraph (B) shall apply to a person procuring a consumer’s application for employment only if—

as of the time at which the person procures the report or causes the report to be procured the only interaction between the (3) Conditions on use for adverse actions

(i) If a section 1681m(a) of this title, within 3 business days of taking such action, an oral, written or electronic notification—

of the name, address and telephone number of the consumer reporting agency that furnished the files on consumers on a nationwide basis);

that the proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.

If, under clause (B)(i)(IV), the consumer’s request, together with proper identification, the consumer’s rights as prescribed by the Bureau under section 1681g(c)(3) 1 of this title.

(C) Scope Subparagraph (B) shall apply to a person procuring a consumer’s application for employment only if—

as of the time at which the person procures the report or causes the report to be procured the only interaction between the (4) Exception for national security investigations

(A) In general In the case of an agency or department of the United States Government which seeks to obtain and use a (i)

(B) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph (A), or upon the determination that the exception under subparagraph (A) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the (i)

the identification with reasonable specificity of the nature of the investigation for which the (C) Delegation by head of agency or department

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.

The term “classified information” means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders.

The term “national security investigation” means any official inquiry by an agency or department of the United classified information or to determine whether classified information has been lost or compromised.

(c) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer

(2) Limits on information received under paragraph (1)(B) A person may receive pursuant to paragraph (1)(B) only—

Except as provided in section 1681g(a)(5) of this title, a record of inquiries in connection with a (d) Reserved

by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.

(3) Response of agency after notification through system Upon receipt of notification of the election of a consumer reporting agency shall—

shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the (B) shall be effective with respect to a consumer reporting agency—

subject to subparagraph (C), during the 5-year period beginning 5 business days after the date on which the (ii)

establish and maintain a notification system, including a toll-free telephone number, which permits any 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 September 30, 1996 , and not less than annually thereafter, in a publication of general circulation in the area served by the agency—

a notification that information in files maintained by the agency may be used in connection with such transactions; and

the address and toll-free telephone number for consumers to use to notify the agency of the (B) Establishment and maintenance as compliance

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.

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 (f) Certain use or obtaining of information prohibited A person shall not use or obtain a (1)

the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification.

(1) Limitation on consumer reporting agencies A consumer reporting agency shall not furnish forsection 1681c(a)(6) of this title) about a (A)

the information to be furnished is relevant to process or effect the employment or credit transaction; and

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 1681c(a)(6) of this title.

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 information treated in the manner required under section 1681c(a)(6) of this title) pertaining to a consumer’s eligibility, or continued eligibility, for credit.

(3) Actions authorized by Federal law, insurance activities and regulatory determinations Section 1681a(d)(3) of this title shall not be construed so as to treat information or any communication of information as a (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 );

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, 1 or described in section 6802(e) of this title; or

as otherwise determined to be necessary and appropriate, by regulation or order, by the Bureau or the applicableperson engaged in providing insurance or annuities).

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.

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, (6) Coordination with other laws

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.

[1] See References in Text note below.

[2] So in original. No subpar. (B) has been enacted.

The Federal Deposit Insurance Act, referred to in subsec. (a)(6), is act Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873, which is classified generally to chapter 16 (§ 1811 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of Title 12 and Tables.

The Federal Credit Union Act, referred to in subsec. (a)(6), is act June 26, 1934, ch. 750, 48 Stat. 1216, which is classified principally to chapter 14 (§ 1751 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1751 of Title 12 and Tables.

Section 1681g(c) of this title, referred to in subsec. (b)(1)(B), (3)(A)(ii), (B)(ii), was amended generally by Pub. L. 108–159, title II, § 211(c), Dec. 4, 2003 , 117 Stat. 1970, and, as so amended, no longer contains a par. (3).

Executive Order No. 12958, referred to in subsec. (b)(4)(D)(i), which was formerly set out under section 435 (now section 3161) of Title 50, War and National Defense, was revoked by Ex. Ord. No. 13526, § 6.2(g), Dec. 29, 2009 , 75 F.R. 731.

The Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (g)(3)(B), is Pub. L. 104–191, Aug. 21, 1996 , 110 Stat. 1936. For complete classification of this Act to the Code, see Short Title of 1996 Amendments note set out under section 201 of Title 42, The Public Health and Welfare, and Tables.

Section 1179 of such Act, referred to in subsec. (g)(3)(B), probably means section 1179 of the Social Security Act, as added by section 262(a) of Pub. L. 104–191, title II, Aug. 21, 1996 , 110 Stat. 2030, which is classified to section 1320d–8 of Title 42, The Public Health and Welfare.

2021—Subsec. (a)(1). Pub. L. 116–283 substituted “such an order, a” for “such an order, or a” and inserted “, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18” after “grand jury”.

2015—Subsec. (a)(4)(A). Pub. L. 114–94, § 80001(1), substituted “, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment” for “or determining the appropriate level of such payments”.

Subsec. (a)(4)(B). Pub. L. 114–94, § 80001(2)(A), substituted “parentage” for “paternity” and inserted “and” at end.

Subsec. (a)(4)(C), (D). Pub. L. 114–94, § 80001(3), (4), redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: “thePub. L. 111–203, § 1088(a)(2)(A), substituted Federal Trade Commission ”.

Subsec. (g)(3)(C). Pub. L. 111–203, § 1088(a)(4)(A), added subpar. (C) and struck out former subpar. (C) which read as follows: “as otherwise determined to be necessary and appropriate, by regulation or order and subject to paragraph (6), by theNational Credit Union Administration (with respect to anysection 1681s(b) of this title, or the applicablePub. L. 111–203, § 1088(a)(4)(B), added par. (5) and struck out former par. (5) which related to prescription of par. (2) regulations by eachNational Credit Union Administration and required issuance of final regulations before the end of the 6-month period beginning on Dec. 4, 2003 .

2009—Subsec. (c)(1)(B)(iv). Pub. L. 111–24 added cl. (iv).

2007—Subsec. (a)(3)(G). Pub. L. 110–161 added subpar. (G).

2006—Subsec. (a)(6). Pub. L. 109–351 added par. (6).

2003—Subsec. (a). Pub. L. 108–159, § 811(b), realigned margins.

Subsec. (b)(4)(D) to (F). Pub. L. 108–177 struck out subpars. (D) and (E) and redesignated subpar. (F) as (D). Prior to amendment, subpars. (D) and (E) read as follows:

“(D) Report to the congress .—Except as provided in subparagraph (E), not later than January 31 of each year, the head of each agency and department of the UnitedCongress on the number of times the department or agency exercised such authority during the year.

“(E) Reports to congressional intelligence committees .—In the case of a report to be submitted under subparagraph (D) to the congressional intelligence committees (as defined in section 401a of title 50), the submittal date for such report shall be as provided in section 415b of title 50.”

Subsec. (e)(3)(A), (4)(B)(i). Pub. L. 108–159, § 213(c), substituted “5-year period” for “2-year period”.

Subsec. (g). Pub. L. 108–159, § 411(a), amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: “APub. L. 108–159, § 412(f)(1), inserted “(other than medical contact information treated in the manner required under section 1681c(a)(6) of this title)” after “aPub. L. 108–159, § 412(f)(2), inserted “(other than medical information treated in the manner required under section 1681c(a)(6) of this title)” after “aPub. L. 107–306, § 811(b)(8)(A)(i), substituted “Except as provided in subparagraph (E), not later than” for “Not later than”.

Subsec. (b)(4)(E), (F). Pub. L. 107–306, § 811(b)(8)(A)(ii), (iii), added subpar. (E) and redesignated former subpar. (E) as (F).

1998—Subsec. (b)(1)(B). Pub. L. 105–347, § 3, inserted “, or has previously provided,” before “a summary”.

Subsec. (b)(2). Pub. L. 105–347, § 2(a), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “APub. L. 105–347, § 2(b), amended heading and text of par. (3) generally. Prior to amendment, text read as follows: “In using aFederal Trade Commission under section 1681g(c)(3) of this title.”

Subsec. (g). Pub. L. 105–347, § 6(4), struck out “or a direct marketing transaction” after “or insurance transaction”.

1997—Subsec. (b)(4). Pub. L. 105–107 added par. (4).

1996—Pub. L. 104–208, §§ 2403(a), 2404(a)(1), designated existing provisions as subsec. (a) and inserted heading, substituted “Subject to subsection (c), anyPub. L. 104–208, § 2403(b), added subsec. (b).

Subsecs. (c) to (e). Pub. L. 104–208, § 2404(a)(2), added subsecs. (c) to (e).

Pars. (4), (5). Pub. L. 104–193 added pars. (4) and (5).

1989—Par. (1). Pub. L. 101–73 inserted “, or a subpoena issued in connection with proceedings before a Federal grand jury” before period at end.

Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Amendment by Pub. L. 111–24 effective 9 months after May 22, 2009 , except as otherwise specifically provided, see section 3 of Pub. L. 111–24, set out as a note under section 1602 of this title.

Amendment by Pub. L. 108–177 effective Dec. 31, 2003 , see section 361(n) of Pub. L. 108–177, set out as a note under section 1611 of Title 10, Armed Forces.

Amendment by Pub. L. 108–159 subject to joint regulations establishing effective dates as prescribed by Federal Reserve Board and Federal Trade Commission , except as otherwise provided, see section 3 of Pub. L. 108–159, set out as a note under section 1681 of this title.

Amendment by section 411 of Pub. L. 108–159 effective at end of 180-day period beginning on Dec. 4, 2003 , with certain exceptions, see section 411(d) of Pub. L. 108–159, set out as an Effective Date of 2003 Amendment note under section 1681a of this title.

“The amendments made by this section [amending this section and sections 1681c, 1681s, and 1681s–2 of this title] shall take effect at the end of the 15-month period beginning on the date of enactment of this Act [ Dec. 4, 2003 ].”

Amendment by Pub. L. 105–347 deemed to have same effective date as amendments made by section 2403 of Pub. L. 104–208, see section 7 of Pub. L. 105–347, set out as a note under section 1681a of this title.

“The amendments made by subsections (a) and (b) [amending this section and section 1681e of this title] shall take effect as if such amendments had been included in chapter 1 of subtitle D of the Economic Growth and Regulatory Paperwork Reduction Act of 1996 [chapter 1 (§§ 2401–2422) of subtitle D of title II of div. A of Pub. L. 104–208], as of the date of the enactment of such Act [ Sept. 30, 1996 ].”

Amendment by Pub. L. 104–208 effective 365 days after Sept. 30, 1996 , with special rule for early compliance, see section 2420 of Pub. L. 104–208, set out as a note under section 1681a of this title.

For effective date of amendment by Pub. L. 104–193, see section 395(a)–(c) of Pub. L. 104–193, set out as a note under section 654 of Title 42, The Public Health and Welfare.

Section effective upon the expiration of one hundred and eighty days following Oct. 26, 1970 , see section 504(d) of Pub. L. 90–321, as added by Pub. L. 91–508, set out as a note under section 1681 of this title.

“The Fair Credit Reporting Act (15 U.S.C. 1681b(e)), and otherwise take measures to increase public awareness regarding the availability of the right to opt out of prescreening.”

[For definitions of terms used in section 213(d) of Pub. L. 108–159, set out above, see section 2 of Pub. L. 108–159, set out as a Definitions note under section 1681 of this title.]

“No provision of any amendment made by this section [amending this section and sections 1681c, 1681s, and 1681s–2 of this title] shall be construed as altering, affecting, or superseding the applicability of any other provision of Federal law relating to medical confidentiality.”

“The Federal Trade Commission may issue such guidelines as it deems necessary with respect to the use ofFair Credit Reporting Act [15 U.S.C. 1681b(c)], as added by subsection (a) of this section.”