§1681a Definitions; Rules of Construction

Summary

Sets plain meanings for words used in this part of the law. The list below gives each key term and a very short description. Person — any individual or organization, including governments. Consumer — a single person. Consumer report — information about an individual’s credit, character, or lifestyle used to help decide credit, insurance, employment, or other permitted purposes. Investigative consumer report — a report that gets personal information by interviewing people who know the consumer. Consumer reporting agency — a business that gathers and sells consumer reports and uses interstate commerce. File — all the information a consumer reporting agency keeps about a consumer. Employment purposes — using a report to evaluate someone for hiring, promotion, reassignment, or keeping a job. Medical information — health or health-care related data from providers or the consumer; it does not include basic demographics like age or address. Overdue support — has the meaning given in section 666(e) of title 42. State or local child support enforcement agency — an agency that runs a child support program. Adverse action — a negative decision or change that hurts a consumer, like denial of credit, insurance, employment, or benefits. Firm offer of credit or insurance — an offer that will be kept if the consumer meets preset criteria, though verification, application checks, or required collateral may apply. Credit or insurance transaction not initiated by the consumer — does not include a report used by a company where the consumer already has an account for reviewing or collecting that account. State — any State, Puerto Rico, the District of Columbia, or any U.S. territory or possession. Subsection (o) communication — a recruiter’s investigative report for a prospective employer that needs the consumer’s consent and must give written confirmation of oral consent within 3 business days and certain file-disclosure rights within 5 business days. Nationwide consumer reporting agency — an agency that keeps public records and credit account data about consumers across the country. Active duty military consumer — a service member on active duty or certain reservists away from their normal duty station. Fraud alert / active duty alert — a clear statement in a file warning users of possible identity theft or that the consumer is on active duty. Identity theft — fraud using another person’s identifying information. Identity theft report — at minimum, a claim of identity theft backed by an official law-enforcement report. New credit plan — a new open-end account or a new credit transaction not under an open-end plan. Card issuer / credit card / debit card / account / electronic fund transfer / credit / creditor — basic banking and card terms as used in related laws. Federal banking agency — as defined in title 12. Financial institution — banks, thrifts, credit unions, or anyone holding a consumer’s transaction account. Reseller — a reporting agency that combines data from other agencies but does not keep its own database. Commission / Bureau — the Bureau of Consumer Financial Protection. Nationwide specialty consumer reporting agency — an agency that keeps nationwide files on things like medical records, tenant history, check-writing, employment history, or insurance claims. Subsection (y) communication — a report to an employer about suspected misconduct or legal compliance (not about credit) that is limited in who may receive it and that requires a summary disclosure if an adverse action follows. Veteran — as defined in title 38. Veteran’s medical debt — medical collection debt of a veteran owed to a non-VA provider that was sent to the Department of Veterans Affairs for payment, including debts the VA wrongfully charged.