PRIA Logo™
Title 15, Commerce and TradeRelease 119-110

§1681w Disposal of Records

Title 15 › CHAPTER 41 — CONSUMER CREDIT PROTECTION › SUBCHAPTER III — CREDIT REPORTING AGENCIES › § 1681w

Last updated Sep 22, 2026|Official source

Summary

The Federal Trade Commission, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the federal banking agencies, and the National Credit Union Administration must write final rules that require anyone who keeps consumer information, or collections of that information made from consumer reports for a business purpose, to dispose of it securely. Those agencies must coordinate so their rules are consistent with each other and with Public Law 106–102 and other federal laws. They may also exempt certain people or groups when appropriate. The rules do not force anyone to keep or destroy records beyond what other laws already require, and they do not change any existing legal duty to keep or destroy records.

Full Legal Text

Title 15, §1681w

Commerce and Trade, Source: USLM XML via OLRC

(a)Regulations
(1)In general
The Federal Trade Commission, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal banking agencies, and the National Credit Union Administration, with respect to the entities that are subject to their respective enforcement authority under section 1681s of this title, and in coordination as described in paragraph (2), shall issue final regulations requiring any person that maintains or otherwise possesses consumer information, or any compilation of consumer information, derived from consumer reports for a business purpose to properly dispose of any such information or compilation.
(2)Coordination
Each agency required to prescribe regulations under paragraph (1) shall—
(A)consult and coordinate with each other such agency so that, to the extent possible, the regulations prescribed by each such agency are consistent and comparable with the regulations by each such other agency; and
(B)ensure that such regulations are consistent with the requirements and regulations issued pursuant to Public Law 106–102 and other provisions of Federal law.
(3)Exemption authority
In issuing regulations under this section, the agencies identified in paragraph (1) may exempt any person or class of persons from application of those regulations, as such agency deems appropriate to carry out the purpose of this section.
(b)Rule of construction
Nothing in this section shall be construed—
(1)to require a person to maintain or destroy any record pertaining to a consumer that is not imposed under other law; or
(2)to alter or affect any requirement imposed under any other provision of law to maintain or destroy such a record.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Public Law 106–102, referred to in subsec. (a)(2)(B), is Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1338, known as the Gramm-Leach-Bliley Act. For complete classification of this Act to the Code, see

Short Title

of 1999 Amendment note set out under section 1811 of Title 12, Banks and Banking, and Tables.

Amendments

2010—Subsec. (a)(1). Pub. L. 111–203, § 1088(a)(12), substituted “The Federal Trade Commission, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal banking agencies, and the National Credit Union Administration, with respect to the entities that are subject to their respective

Enforcement

authority under section 1681s of this title,” for “Not later than 1 year after December 4, 2003, the Federal banking agencies, the National Credit Union Administration, and the Commission with respect to the entities that are subject to their respective

Enforcement

authority under section 1681s of this title, and the Securities and Exchange Commission,”. Subsec. (a)(3). Pub. L. 111–203, § 1088(a)(13), substituted “the agencies identified in paragraph (1)” for “the Federal banking agencies, the National Credit Union Administration, the Commission, and the Securities and Exchange Commission”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment 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.

Effective Date

Section subject to joint

Regulations

establishing

Effective Date

s 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 an

Effective Date

of 2003 Amendment note under section 1681 of this title.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1681w

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110