§1681h — Title 15 Commerce and Trade | U.S. Code

Summary

Consumer reporting agencies must ask for proper ID before they give a consumer the information the law requires. By default the agency must give that information in writing. A consumer can allow the agency to give the information another way if the agency offers it. The consumer can choose in-person (at the agency during normal business hours with reasonable notice), by phone (only if the consumer first requests phone disclosure in writing), by electronic means (if the agency provides it), or by any other reasonable method the agency has available. The agency must have trained staff who can explain the information. A consumer may bring one other person who must show reasonable ID, and the agency may ask the consumer to sign permission for discussion in that person’s presence. Except where other parts of the law say otherwise, consumers cannot sue an agency, anyone who uses the report, or someone who gives information to the agency for defamation, invasion of privacy, or negligence over those disclosures—unless the information was false and given with malice or with willful intent to harm the consumer.

Title 15, §1681h

Commerce and Trade — Source: USLM XML via OLRC

(a)(1)A consumer reporting agency shall require, as a condition of making the disclosures required under section 1681g of this title, that the consumer furnish proper identification.

(2)Except as provided in subsection (b), the disclosures required to be made under section 1681g of this title shall be provided under that section in writing.

(b)(1)If authorized by a consumer, a consumer reporting agency may make the disclosures required under 11 So in original. Probably should be followed by “section”. 1681g of this title—

(A)other than in writing; and

(B)in such form as may be—

(i)specified by the consumer in accordance with paragraph (2); and

(ii)available from the agency.

(2)A consumer may specify pursuant to paragraph (1) that disclosures under section 1681g of this title shall be made—

(A)in person, upon the appearance of the consumer at the place of business of the consumer reporting agency where disclosures are regularly provided, during normal business hours, and on reasonable notice;

(B)by telephone, if the consumer has made a written request for disclosure by telephone;

(C)by electronic means, if available from the agency; or

(D)by any other reasonable means that is available from the agency.

(c)Any consumer reporting agency shall provide trained personnel to explain to the consumer any information furnished to him pursuant to section 1681g of this title.

(d)The consumer shall be permitted to be accompanied by one other person of his choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer’s file in such person’s presence.

(e)Except as provided in section 1681n and 1681o of this title, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency, based on information disclosed pursuant to section 1681g, 1681h, or 1681m of this title, or based on information disclosed by a user of a consumer report to or for a consumer against whom the user has taken adverse action, based in whole or in part on the report 22 So in original. Probably should be followed by a comma. except as to false information furnished with malice or willful intent to injure such consumer.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Pub. L. 104–208, § 2408(e)(5)(B), inserted “and form” after “Conditions” in section catchline. Subsec. (a). Pub. L. 104–208, § 2408(e)(1), inserted heading and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “A consumer reporting agency shall make the disclosures required under section 1681g of this title during normal business hours and on reasonable notice.” Subsec. (b). Pub. L. 104–208, § 2408(e)(1), inserted heading and amended text of subsec. (b) generally. Prior to amendment, text read as follows: “The disclosures required under section 1681g of this title shall be made to the consumer— “(1) in person if he appears in person and furnishes proper identification; or “(2) by telephone if he has made a written request, with proper identification, for telephone disclosure and the toll charge, if any, for the telephone call is prepaid by or charged directly to the consumer.” Subsec. (e). Pub. L. 104–208, § 2408(e)(4), inserted “or based on information disclosed by a user of a consumer report to or for a consumer against whom the user has taken adverse action, based in whole or in part on the report” before “except”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment 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.

Effective Date

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.

§1681h Conditions and Form of Disclosure to Consumers

Summary

Title 15, §1681h

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata