112 STAT. 3208 PUBLIC LAW 105-347—NOV. 2, 1998 Public Law 105-347 105th Congress An Act Nov. 2, 1998 To amend the Fair Credit Reporting Act with respect to furnishing and using [S 2561] consumer reports for employment purposes. Be it enacted by the Senate and House of Representatives of Consumer the United States of America in Congress assembled. Reporting Employment SECTION 1. SHORT TITLE. Clarification Act mi.», i..i .-, «y-i T^ .• I-K •, of 1998 This Act may be cited as the Consumer Reporting Employment 15 USC 1601 Clarification Act of 1998". note. SEC. 2. USE OF CONSUMER REPORTS FOR EMPLOYMENT PURPOSES. (a) DISCLOSURE TO CONSUMER. — Section 604(b)(2) of the Fair Credit Reporting Act (15 U.S.C. 1681b(b)(2)) is amended to read as follows: "(2) DISCLOSURE TO CONSUMER.— "(A) IN GENERAL.— Except as provided in subparagraph (B), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless— "(i) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and "(ii) the consumer has authorized in writing (which authorization may be made on the document referred to in clause (i)) the procurement of the report by that person. "(B) APPLICATION BY MAIL, TELEPHONE, COMPUTER, OR OTHER SIMILAR MEANS. —If a consumer described in subparagraph (C) applies for employment by mail, telephone, computer, or other simileir means, at any time before a consumer report is procured or caused to be procured in connection with that application— "(i) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumer's rights under section 615(a)(3); and "(ii) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.
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