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File Must Be Disclosed To Consumer
LAWDOG is intended to assist in the understanding of basic concepts. See Disclaimer. Always obtain legal advice from legal professionals.
All Information In "File" Except Credit Scoring
Every consumer reporting agency must, upon request, and upon presentation of proper identification (see Conditions of Disclosure) "clearly and accurately disclose to the consumer" all information in the consumer's file at the time of the request. 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. See Section 603 (g), reproduced here for illustration purposes only. However, this does not 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. See Section 609 (a) (1), reproduced here for illustration purposes only.
Every consumer reporting agency must, upon request, and upon presentation of proper identification "clearly and accurately disclose to the consumer" the sources of the information. 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, except pursuant to discovery procedures in a court proceeding. See Section 609 (a) (2), reproduced here for illustration purposes only.
Identification of Prior Recipients of Consumer Reports
Every consumer reporting agency must also "clearly and accurately disclose to the consumer" identification of prior recipients of consumer reports. In the case of a consumer report used for "employment purposes", this includes all persons who received it within the past 2 years of request. If the report was used for other purposes, such as an application for an auto loan, the consumer reporting agency must identify prior recipients of the report within the past 1 year of request. This information must include name, trade name in full, and, upon request of consumer, the address and telephone number of the prior recipients. See Section 609 (a) (3), reproduced here for illustration purposes only.
Every consumer reporting agency must also "clearly and accurately disclose to the consumer" identification of all checks by supplying "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". See Section 609 (a) (4) , reproduced here for illustration purposes only.
Record of All Inquiries In Connection With "Prescreening"
Every consumer reporting agency must also "clearly and accurately disclose to the consumer" 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. See Section 609 (a) (5), reproduced here for illustration purposes only.
Applicable To Information in Files After October 1, 1997
The requirements 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 the Fair Credit Reporting Reform Act of 1996 (generally, September 30, 1997 ), except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date. A copy of Section 609 of the Fair Credit Reporting Act as amended, is reproduced for illustration. Click on "Show More detail" below, or here.
A written "summary of rights" must also be given to the consumer with each disclosure (see "Summary of Rights" from previous menu). The consumer reporting agency must provide trained personnel to explain to the consumer any information furnished to the consumer pursuant to section 609. (See "Conditions of Disclosure" from previous menu.)
A copy of The Fair Credit Reporting Act, As Amended, and a copy of the FTC Official Staff Commentary to the Fair Credit Reporting Act are included under "Fair Credit Reporting Resources", available from LAWDOG Credit Reporting Center, or here. Use browser return button to return. Read Notices, Caution and Disclaimer.
