Fair Credit Reporting Act, FCRA

Fair Credit Reporting (FCRA) - Section 607


Section 607 of the Fair Credit Reporting Act (FCRA).

The Fair Credit Reporting Act - Section 607

607. Compliance procedures [15 U.S.C. 1681e]

(a) Identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 605 [ 1681c] and to limit the furnishing of consumer reports to the purposes listed under section 604 [1681b] of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 604 [1681b] of this title.

(b) Accuracy of report. Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

(c) Disclosure of consumer reports by users allowed. A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.

(d) Notice to users and furnishers of information.

(1) Notice requirement. A consumer reporting agency shall provide to any person

(A) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer; or

(B) to whom a consumer report is provided by the agency;

a notice of such person's responsibilities under this title.

(2) Content of notice. The Federal Trade Commission shall prescribe the content of notices under paragraph (1), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph (1) that is substantially similar to the Federal Trade Commission prescription under this paragraph.

(e) Procurement of consumer report for resale.

(1) Disclosure. A person may not procure a consumer report for purposes of reselling the report (or any information in the report) unless the person discloses to the consumer reporting agency that originally furnishes the report

(A) the identity of the end-user of the report (or information); and

(B) each permissible purpose under section 604 [1681b] for which the report is furnished to the end-user of the report (or information).

(2) Responsibilities of procurers for resale. A person who procures a consumer report for purposes of reselling the report (or any information in the report) shall

(A) establish and comply with reasonable procedures designed to ensure that the report (or information) is resold by the person only for a purpose for which the report may be furnished under section 604 [1681b], including by requiring that each person to which the report (or information) is resold and that resells or provides the report (or information) to any other person

(i) identifies each end user of the resold report (or information);

(ii) certifies each purpose for which the report (or information) will be used; and

(iii) certifies that the report (or information) will be used for no other purpose; and

(B) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph (A).

(3) Resale of consumer report to a federal agency or department. Notwithstanding paragraph (1) or (2), a person who procures a consumer report for purposes of reselling the report (or any information in the report) shall not disclose the identity of the end-user of the report under paragraph (1) or (2) if--

(A) the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information (as defined in section 604(b)(4)(E)(i)); and

(B) the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department.


The Fair Credit Reporting Act (FCRA) Main Page

601.  Short title
602.  Congressional findings and statement of purpose
603.  Definitions; rules of construction
604.  Permissible purposes of consumer reports
605.  Requirements relating to information contained in consumer reports
606.  Disclosure of investigative consumer reports
607.  Compliance procedures
608.  Disclosures to governmental agencies
609.  Disclosures to consumers
610.  Conditions and form of disclosure to consumers
611.  Procedure in case of disputed accuracy
612.  Charges for certain disclosures
613.  Public record information for employment purposes
614.  Restrictions on investigative consumer reports
615.  Requirements on users of consumer reports
616.  Civil liability for willful noncompliance
617.  Civil liability for negligent noncompliance
618.  Jurisdiction of courts; limitation of actions
619.  Obtaining information under false pretenses
620.  Unauthorized disclosures by officers or employees
621.  Administrative enforcement
622.  Information on overdue child support obligations
623.  Responsibilities of furnishers of information to consumer reporting agencies
624.  Relation to State laws
625.  Disclosures to FBI for counterintelligence purposes
626.  Disclosures to governmental agencies for counterterrorism purposes
Endnotes

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