Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other:
A consumer reporting agency may furnish a consumer report for employment purposes only if-
Except as provided in subparagraph (B), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless-
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-
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-
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-
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-
In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph (3) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that-
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 consumer who is the subject of the consumer report with regard to which such finding was made-
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.
For purposes of this paragraph, the following definitions shall apply:
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 States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.
A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph (A) or (C) of subsection (a)(3) in connection with any credit or insurance transaction that is not initiated by the consumer only if-
A person may receive pursuant to paragraph (1)(B) only-
Except as provided in section 1681g(a)(5) of this title, 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.
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.
A consumer shall notify a consumer reporting agency under paragraph (1)-
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-
An election of a consumer under paragraph (1)-
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-
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 consumer reporting agencies.
A person shall not use or obtain a consumer report for any purpose unless-
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 1681c(a)(6) of this title) about a consumer, unless-
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 in connection with any determination of the consumer's eligibility, or continued eligibility, for credit.
Section 1681a(d)(3) of this title 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-
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, 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.
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.
1See References in Text note below.
2So in original. No subpar. (B) has been enacted.
15 U.S.C. § 1681b
EDITORIAL NOTES
REFERENCES IN TEXTThe 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).Section 1681m(a)(3) of this title, referred to in subsec. (b)(2)(B)(i), was redesignated section 1681m(a)(4) of this title by Pub. L. 111-203, title X, §1100F(1)(A), July 21, 2010, 124 Stat. 2112. 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, 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), Aug. 21, 1996 of Pub. L. 104-191, 110 Stat. 2030, which is classified to section 1320d-8 of Title 42, The Public Health and Welfare.
AMENDMENTS2021-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: "the person has provided at least 10 days' prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested; and". 2010-Subsec. (b)(1)(B), (3)(A)(ii), (B)(ii). Pub. L. 111-203, §1088(a)(2)(A), substituted "Bureau" for "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 the Commission, any Federal banking agency or the National Credit Union Administration (with respect to any financial institution subject to the jurisdiction of such agency or Administration under paragraph (1), (2), or (3) of section 1681s(b) of this title, or the applicable State insurance authority (with respect to any person engaged in providing insurance or annuities)."Subsec. (g)(5). Pub. 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 each Federal banking agency and the National 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 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. "(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: "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 about a consumer, unless the consumer consents to the furnishing of the report."Subsec. (g)(1). Pub. 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 "a consumer report that contains medical information" in introductory provisions. Subsec. (g)(2). Pub. 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 "a creditor shall not obtain or use medical information".2002-Subsec. (b)(4)(D). Pub. 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: "A person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless- "(A) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and "(B) the consumer has authorized in writing the procurement of the report by that person."Subsec. (b)(3). Pub. L. 105-347, §2(b), amended heading and text of par. (3) generally. Prior to amendment, text read as follows: "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-"(A) a copy of the report; and "(B) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Federal 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, designated existing provisions as subsec. (a) and inserted heading, substituted "Subject to subsection (c), any consumer reporting agency" for "A consumer reporting agency" in introductory provisions, added subpars. (E) and (F) of par. (3), and struck out former subpar. (E) of par. (3) which read as follows: "otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer."Subsec. (b). Pub. L. 104-208, §2403(b), added subsec. (b).Subsecs. (c) to (e). Pub. L. 104-208, §2404(a)(2), added subsecs. (c) to (e).Subsec. (f). Pub. L. 104-208, §2404(b), added subsec. (f).Subsec. (g). Pub. L. 104-208, §2405, added subsec. (g).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.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2010 AMENDMENT 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.
EFFECTIVE DATE OF 2009 AMENDMENT 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.
EFFECTIVE DATE OF 2003 AMENDMENTS 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. Pub. L. 108-159, title IV, §412(g), Dec. 4, 2003, 117 Stat. 2003, provided that: "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]."
EFFECTIVE DATE OF 1998 AMENDMENT 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.
EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105-107, title III, §311(c), Nov. 20, 1997, 111 Stat. 2256, provided that: "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]."
EFFECTIVE DATE OF 1996 AMENDMENTS 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.
EFFECTIVE DATESection 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.
PUBLIC AWARENESS CAMPAIGN Pub. L. 108-159, title II, §213(d), Dec. 4, 2003, 117 Stat. 1979, provided that: "The Commission shall actively publicize and conspicuously post on its website any address and the toll-free telephone number established as part of a notification system for opting out of prescreening under section 604(e) of 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.]
COORDINATION WITH FEDERAL LAWS RELATING TO MEDICAL CONFIDENTIALITY Pub. L. 108-159, title IV, §412(d), Dec. 4, 2003, 117 Stat. 2002, provided that: "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."
FTC GUIDELINES REGARDING PRESCREENING FOR INSURANCE TRANSACTIONS Pub. L. 104-208, div. A, title II, §2404(c), Sept. 30, 1996, 110 Stat. 3009-434, provided that: "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. 1681b(c)], as added by subsection (a) of this section."
- Administration
- the terms "Administration" and "Administrator" mean the Small Business Administration and the Administrator thereof, respectively; and