PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-444
based in whole or in part on any information contained in a
consumer report, the person shall—
"(1) provide oral, written, or electronic notice of the adverse
action to the consumer;
"(2) provide to the consumer orally, in writing, or electronically—
"(A) the name, address, and telephone number of the
consumer reporting agency (including a toll-free telephone
number established by the agency if the agency compiles
and maintains files on consumers on a nationwide basis)
that furnished the report to the person; and
"(B) a statement that the consumer reporting agency
did not make the decision to take the adverse action and
is unable to provide the consumer the specific reasons
why the adverse action was taken; and
"(3) provide to the consumer an oral, written, or electronic
notice of the consumer's right—
"(A) to obtain, under section 612, a free copy of a
consumer report on the consumer from the consumer
reporting agency referred to in paragraph (2), which notice
shall include an indication of the 60-day period under that
section for obtaining such a copy; and
"(B) to dispute, under section 611, with a consumer
reporting agency the accuracy or completeness of any
information in a consumer report furnished by the agency.".
(b) DUTIES OF USERS MAKING CERTAIN CREDIT SOLICITATIONS.—
Section 615 of the Fair Credit Reporting Act (15 U.S.C. 1681m)
is amended by adding at the end the following new subsection:
" (d) DUTIES OF USERS MAKING WRITTEN CREDIT OR INSURANCE
SOLICITATIONS ON THE BASIS OF INFORMATION CONTAINED IN
CONSUMER FILES. —
"(1) IN GENERAL.— Any person who uses a consumer report
on any consumer in connection with any credit or insurance
transaction that is not initiated by the consumer, that is provided to that person under section 604(c)(1)(B), shall provide
with each written solicitation made to the consumer regarding
the transaction a clear and conspicuous statement that—
"(A) information contained in the consumer's consumer
report was used in connection with the transaction;
"(B) the consumer received the offer of credit or insurance because the consumer satisfied the criteria for credit
worthiness or insurability under which the consumer was
selected for the offer;
"(C) if applicable, the credit or insurance may not
be extended if, after the consumer responds to the offer,
the consumer does not meet the criteria used to select
the consumer for the offer or any applicable criteria bearing
on credit worthiness or insurability or does not furnish
any required collateral;
"(D) the consumer has a right to prohibit information
contained in the consumer's file with any consumer reporting agency from being used in connection with any credit
or insurance transaction that is not initiated by the
consumer; and
"(E) the consumer may exercise the right referred to
in subparagraph (D) by notifying a notification system
established under section 604(e).
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