Section 609 of the Fair Credit Reporting Act (FCRA).
The Fair Credit Reporting Act - Section 609
609. Disclosures to consumers [15 U.S.C. 1681g]
(a) Information on file; sources; report recipients. Every consumer reporting
agency shall, upon request, and subject to 610(a)(1) [1681h], clearly and
accurately disclose to the consumer:
(1) All information in the consumer's file at the time of the request, except
that nothing in this paragraph shall be construed to require a consumer
reporting agency to disclose to a consumer any information concerning credit
scores or any other risk scores or predictors relating to the consumer.
(2) The sources of the information; except that the sources of information
acquired solely for use in preparing an investigative consumer report and
actually used for no other purpose need not be disclosed: Provided, That in the
event an action is brought under this title, such sources shall be available to
the plaintiff under appropriate discovery procedures in the court in which the
action is brought.
(3)(A) Identification of each person (including each end-user identified under
section 607(e)(1) [1681e]) that procured a consumer report
(i) for employment purposes, during the 2-year period preceding the date on
which the request is made; or
(ii) for any other purpose, during the 1-year period preceding the date on which
the request is made.
(B) An identification of a person under subparagraph (A) shall include
(i) the name of the person or, if applicable, the trade name (written in full)
under which such person conducts business; and
(ii) upon request of the consumer, the address and telephone number of the
person.
(C) Subparagraph (A) does not apply if--
(i) the end user is an agency or department of the United States Government that
procures the report from the person for purposes of determining the eligibility
of the consumer to whom the report relates to receive access or continued access
to classified information (as defined in section 604(b)(4)(E)(i)); and
(ii) the head of the agency or department makes a written finding as prescribed
under section 604(b)(4)(A).
(4) The dates, original payees, and amounts of any checks upon which is based
any adverse characterization of the consumer, included in the file at the time
of the disclosure.
(5) A record of all inquiries received by the agency during the 1-year period
preceding the request that identified the consumer in connection with a credit
or insurance transaction that was not initiated by the consumer.
(b) Exempt information. The requirements of subsection (a) of this section
respecting the disclosure of sources of information and the recipients of
consumer reports do not apply to information received or consumer reports
furnished prior to the effective date of this title except to the extent that
the matter involved is contained in the files of the consumer reporting agency
on that date.
(c) Summary of rights required to be included with disclosure.
(1) Summary of rights. A consumer reporting agency shall provide to a consumer,
with each written disclosure by the agency to the consumer under this section
(A) a written summary of all of the rights that the consumer has under this
title; and
(B) in the case of a consumer reporting agency that compiles and maintains files
on consumers on a nationwide basis, a toll-free telephone number established by
the agency, at which personnel are accessible to consumers during normal
business hours.
(2) Specific items required to be included. The summary of rights required under
paragraph (1) shall include
(A) a brief description of this title and all rights of consumers under this
title;
(B) an explanation of how the consumer may exercise the rights of the consumer
under this title;
(C) a list of all Federal agencies responsible for enforcing any provision of
this title and the address and any appropriate phone number of each such agency,
in a form that will assist the consumer in selecting the appropriate agency;
(D) a statement that the consumer may have additional rights under State law and
that the consumer may wish to contact a State or local consumer protection
agency or a State attorney general to learn of those rights; and
(E) a statement that a consumer reporting agency is not required to remove
accurate derogatory information from a consumer's file, unless the information
is outdated under section 605 [1681c] or cannot be verified.
(3) Form of summary of rights. For purposes of this subsection and any
disclosure by a consumer reporting agency required under this title with respect
to consumers' rights, the Federal Trade Commission (after consultation with each
Federal agency referred to in section 621(b) [1681s]) shall prescribe the form
and content of any such disclosure of the rights of consumers required under
this title. A consumer reporting agency shall be in compliance with this
subsection if it provides disclosures under paragraph (1) that are substantially
similar to the Federal Trade Commission prescription under this paragraph.
(4) Effectiveness. No disclosures shall be required under this subsection until
the date on which the Federal Trade Commission prescribes the form and content
of such disclosures under paragraph (3).
