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CREDITRP.STB
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1991-06-27
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/* Your credit bureau file contains (hopefully) accurate
information on your credit history. Here is the full text
of the Fair Credit Reporting Act. This Act governs what credit
reporting agencies must do, and sets a minimum federal standard.
States are free to set a more stringent standard. If you feel
that you have been victimized by an incorrect credit report,
then this Act is the place to start to learn your rights.*/
1681a. Definitions, rules of construction
(a) Definitions and rules of construction set forth in this
section are applicable for the purposes of this title [15 USC
1681 et seq.].
(b) The term "person" means any individual, partnership,
corporation, trust, estate, cooperative, association,
governmental subdivision or agency, or other entity.
(c) The term "consumer" means an individual.
(d) The term "consumer report" means any written, oral, or other
communication of any information by a consumer reporting agency
bearing on a consumer's credit worthiness, credit standing,
credit capacity, character, general reputation, personal
characteristics, or mode of living which is used or expected to
be used or collected in whole or in part for the purpose of
serving as a factor in establishing the consumer's eligibility
for (1) credit or insurance to be used primarily for personal,
family, or household purposes, or (2) employment purposes, or (3)
other purposes authorized under section 604 [15 USC 1681b].
The term does not include (A) any report containing information
solely as to transactions or experiences between the consumer and
the person making the report; (B) any authorization or approval
of a specific extension of credit directly or indirectly by the
issuer of a credit card or similar device; or (C) any report in
which a person who has been requested by a third party to make a
specific extension of credit directly or indirectly to a consumer
conveys his decision with respect to such request, if the third
party advises the consumer of the name and address of the person
to whom the request was made and such person makes the
disclosures to the consumer required under section 615 [16 USC
1681m].
/* This part of the act sets forth what reports are covered. Note
that pre-employment reports, reports that insurors might get if
they are undecided on whether or not to grant you insurance
coverage are all covered.*/
(e) The term "investigative consumer report" means a consumer
report or portion thereof in which information on a consumer's
character, general reputation, personal characteristics, or mode
of living is obtained through personal interviews with neighbors,
friends, or associates of the consumer reported on or with others
with whom he is acquainted or who may have knowledge concerning
any such items of information. However, such information shall
not include a specific factual information on a consumer's credit
record obtained directly from a creditor of the consumer or from
a consumer reporting agency when such information was obtained
directly from a creditor of the consumer or from the consumer.
/* There are different kinds of reports. An investigative report
is the most intrusive kind of report, and of course, the most
expensive for the creditor, employer or insuror to get. In this
type of report your acquaintances will be interviewed. It's
literally the same kind of report that would be used to grant
someone a security clearance. By the way, if you are out
applying for a job, you may see that your prospective employer
will put in teeny print on the job application that they
have permission to conduct an investigative report. This is
especially true when you might be bonded.*/
(f) The term "consumer reporting agency" means any person which,
for monetary fees, dues, or on a cooperative nonprofit basis,
regularly engages in whole or in part in the practice of
assembling or evaluating consumer credit information or other
information on consumers for the purpose of furnishing consumer
reports to third parties, and which uses any means or facility of
interstate commerce for the purpose of preparing or furnishing
consumer reports.
(g) The term "file," when used in connection with information on
any consumer, means all of the information on that consumer
recorded and retained by a consumer reporting agency regardless
of how the information is stored.
(h) The term "employment purposes" when used in connection with a
consumer report means a report used for the purpose of evaluating
a consumer for employment, promotion, reassignment or retention
as an employee.
(i) The term "medical information" means information or records
obtained, with the consent of the individual to whom it relates,
from licensed physicians or medical practitioners, hospitals,
clinics, or other medical or medically related facilities.
1681b. Permissible purposes of consumer reports
A consumer reporting agency may furnish a consumer report under
the following circumstances and no other:
(1) In response to the order of a court having jurisdiction
to issue such an order.
(2) In accordance with the written instructions of the con-
sumer to whom it relates.
(3) To a person which it has reason to believe --
(A) intends to use the information in connection with a
credit transaction involving the consumer on whom the
information is to be furnished and involving the
extension of credit to, or review or collection of an
account of, the consumer; or
(B) intends to use the information for employment
purposes; or
(C) intends to use the information in connection with
the underwriting of insurance involving the consumer;
or
(D) intends to use the information in connection with a
determination of the consumer's eligibility for a
license or other benefit granted by a governmental
instrumentality required by law to consider an
applicant's financial responsibility or status; or
(E) otherwise has a legitimate business need for the
information in connection with a business transaction
involving the consumer.
/* This section sets forth when a report may be obtained. Note the
very elastic "legimiate business need" test. That means anything
short of investigation for illegal purposes. I can always find a
business reason to justify anything.*/
1681c. Reporting of obsolete information prohibited
(a) Except as authorized under subsection (b), no consumer
reporting agency may make any consumer report containing any of
the following items of information:
(1) cases under title 11 of the United States Code [11 USCS
101 et seq.] or under the Bankruptcy Act that, from the
date of entry of the order for relief or the date of
adjudication, as the case may be, antedate the report by
more than 10 years.
(2) Suits and judgments which, from date of entry, antedate
the report by more than seven years or until the governing
statute of limitations has expired, whichever is the longer
period.
(3) Paid tax liens which, from date of payment, antedate the
report by more than seven years.
(4) Accounts placed for collection or charged to profit and
loss which antedate the report by more than seven years.
(5) Records of arrest, indictment, or conviction of crime
which, from date of disposition, release, or parole,
antedate the report by more than seven years.
(6) Any other adverse item of information which antedates
the report by more than seven years.
/* This section answers a question that I frequently get asked-
how long will adverse credit information stay on my record. The
answer is 10 years for a bankruptcy, no more than seven years
on anything else.*/
(b) The provisions of subsection (a) are not applicable in t