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Fair Credit Reporting Act
ß 612. Charges for certain disclosures [15 U.S.C. ß 1681j]
(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
(1) is unemployed and intends to apply for employment in the 60-day period beginning
on the date on which the certification is made;
(2) is a recipient of public welfare assistance; or
(3) has reason to believe that the file on the consumer at the agency contains
inaccurate information due to fraud.
(d) Free disclosures in connection with fraud alerts. Upon the
request of a consumer, a consumer reporting agency described in section
603(p) shall make all disclosures pursuant to section 609
without charge to the consumer, as provided in subsections (a)(2) and (b)(2) of
section 605A, as applicable.
(e) Other charges prohibited A consumer reporting agency shall not impose any charge
on a consumer for providing any notification required by this title or making any
disclosure required by this title, except as authorized by subsection (f).
(f) Reasonable Charges Allowed for Certain Disclosures
(1) In general. In the case of a request from a consumer other than a request
that is covered by any of subsections (a) through (d), a consumer reporting agency
may impose a reasonable charge on a consumer
(A) for making a disclosure to the consumer pursuant to section
609 [§ 1681g], which charge
(i) shall not exceed $8; and
(ii) shall be indicated to the consumer before making the disclosure; and
(B) for furnishing, pursuant to 611(d) [§ 1681i],
following a reinvestigation under section 611(a) [§
1681i], a statement, codification, or summary to a person designated by the
consumer under that section after the 30-day period beginning on the date of
notification of the consumer under paragraph (6) or (8) of section
611(a) [§ 1681i] with respect to the reinvestigation, which charge
(i) shall not exceed the charge that the agency would impose on each designated
recipient for a consumer report; and
(ii) shall be indicated to the consumer before furnishing such information.
(2) Modification of amount. The Federal Trade Commission shall increase the amount
referred to in paragraph (1)(A)(I) on January 1 of each year, based proportionally
on changes in the Consumer Price Index, with fractional changes rounded to the
nearest fifty cents.
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Fair Credit Reporting Act: FCRA - Charges for certain disclosures
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