Fair Credit Reporting Act (FCRA)
§ 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.
