Fair Credit Reporting Act (FCRA)
§ 612. Charges for certain disclosures [15 U.S.C. § 1681j] See also 16 CFR Part 610
69 Fed. Reg. 35467 (06/24/04)
(a) Free Annual Disclosure
(1) Nationwide Consumer Reporting Agencies
(A) In general. All consumer reporting agencies described in subsections (p) and
(w) of section 603 shall make all disclosures pursuant to section 609 once
during any 12-month period upon request of the consumer and without charge
to the consumer.
(B) Centralized source. Subparagraph (A) shall apply with respect to a consumer
reporting agency described in section 603(p) only if the request from the
consumer is made using the centralized source established for such purpose in
accordance with section 211(c) of the Fair and Accurate Credit Transactions
Act of 2003.
(C) Nationwide Specialty Consumer Reporting Agency
(i) In general. The Commission shall prescribe regulations applicable to each
consumer reporting agency described in section 603(w) to require the establishment
of a streamlined process for consumers to request consumer reports
under subparagraph (A), which shall include, at a minimum, the establishment
by each such agency of a toll-free telephone number for such requests.
(ii) Considerations. In prescribing regulations under clause (i), the
Commission shall consider–
(I) the significant demands that may be placed on consumer reporting
agencies in providing such consumer reports;
(II) appropriate means to ensure that consumer reporting agencies can
satisfactorily meet those demands, including the efficacy of a
system of staggering the availability to consumers of such
consumer reports; and
(III) the ease by which consumers should be able to contact consumer
reporting agencies with respect to access to such consumer reports.
(iii) Date of issuance. The Commission shall issue the regulations required
by this subparagraph in final form not later than 6 months after the date
of enactment of the Fair and Accurate Credit Transactions Act of 2003.
(iv) Consideration of ability to comply. The regulations of the Commission
under this subparagraph shall establish an effective date by which each
nationwide specialty consumer reporting agency (as defined in section
603(w)) shall be required to comply with subsection (a), which
effective date--
(I) shall be established after consideration of the ability of each
nationwide specialty consumer reporting agency to comply with
subsection (a); and
(II) shall be not later than 6 months after the date on which such
regulations are issued in final form (or such additional period not to
exceed 3 months, as the Commission determines appropriate).
(2) Timing. A consumer reporting agency shall provide a consumer report under
paragraph (1) not later than 15 days after the date on which the request is received
under paragraph (1).
(3) Reinvestigations. Notwithstanding the time periods specified in section 611(a)(1),
a reinvestigation under that section by a consumer reporting agency upon a
request of a consumer that is made after receiving a consumer report under this
subsection shall be completed not later than 45 days after the date on which the
request is received.
(4) Exception for first 12 months of operation. This subsection shall not apply to a
consumer reporting agency that has not been furnishing consumer reports to third
parties on a continuing basis during the 12-month period preceding a request
under paragraph (1), with respect to consumers residing nationwide.
(b) Free disclosure after adverse notice to consumer. Each consumer reporting agency that
maintains a file on a consumer shall make all disclosures pursuant to section 609
[§ 1681g] without charge to the consumer if, not later than 60 days after receipt by
such consumer of a notification pursuant to section 615 [§ 1681m], or of a
notification from a debt collection agency affiliated with that consumer reporting
agency stating that the consumer's credit rating may be or has been adversely
affected, the consumer makes a request under section 609 [§ 1681g].
(c) Free disclosure under certain other circumstances. Upon the request of the consumer,
a consumer reporting agency shall make all disclosures pursuant to section 609
[§ 1681g] once during any 12-month period without charge to that consumer if the
consumer certifies in writing that the consumer
4 The Federal Trade Commission increased the maximum allowable charge to $9.00, effective January 1,
2002. 66 Fed.
