PUBLIC LAW 108–159—DEC. 4, 2003
117 STAT. 1965
‘‘(4) of the effective dates of the block. ‘‘(c) AUTHORITY TO DECLINE OR RESCIND.— ‘‘(1) IN GENERAL.—A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that— ‘‘(A) the information was blocked in error or a block was requested by the consumer in error; ‘‘(B) the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block; or ‘‘(C) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions. ‘‘(2) NOTIFICATION TO CONSUMER.—If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 611(a)(5)(B). ‘‘(3) SIGNIFICANCE OF BLOCK.—For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block. ‘‘(d) EXCEPTION FOR RESELLERS.— ‘‘(1) NO RESELLER FILE.—This section shall not apply to a consumer reporting agency, if the consumer reporting agency— ‘‘(A) is a reseller; ‘‘(B) is not, at the time of the request of the consumer under subsection (a), otherwise furnishing or reselling a consumer report concerning the information identified by the consumer; and ‘‘(C) informs the consumer, by any means, that the consumer may report the identity theft to the Commission to obtain consumer information regarding identity theft. ‘‘(2) RESELLER WITH FILE.—The sole obligation of the consumer reporting agency under this section, with regard to any request of a consumer under this section, shall be to block the consumer report maintained by the consumer reporting agency from any subsequent use, if— ‘‘(A) the consumer, in accordance with the provisions of subsection (a), identifies, to a consumer reporting agency, information in the file of the consumer that resulted from identity theft; and ‘‘(B) the consumer reporting agency is a reseller of the identified information. ‘‘(3) NOTICE.—In carrying out its obligation under paragraph (2), the reseller shall promptly provide a notice to the consumer of the decision to block the file. Such notice shall contain the name, address, and telephone number of each consumer reporting agency from which the consumer information was obtained for resale.
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