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Section 603 Section 2403
§ 1681a. Definitions and rules of construction Section
- Definitions and rules of construction set forth in this section are applicable for the
purposes of this title.
- The term `person' means any individual, partnership, corporation, trust, estate,
cooperative, association, government or governmental subdivision or agency, or other
entity.
- The term `consumer' means an individual.
- The term (d) Consumer Report: (1) In general: The term
`consumer report' means any written, oral, or other communication of any information by a
consumer reporting agency bearing on a consumer's credit worthiness, credit standing,
credit capacity, character, general reputation, personal characteristics, or mode of
living which is used or expected to be used or collected in whole or in part for the
purpose of serving as a factor in establishing the consumer's eligibility
for
- credit
for -- (A) credit or insurance to be used
primarily for personal, family, or household purposes, or
- employment purposes, or
- other purposes authorized under section 604.
purposes; (B) employment purposes; or
(C) any other purpose authorized under Section 604.
The term does not include:
- any report containing information solely as to transactions or experiences between the
consumer and the person making the report;
- any authorization or approval of a specific extension of credit directly or indirectly
by the issuer of a credit card or similar device; or
- any report in which a person who has been requested by a third party to make a specific
extension of credit directly or indirectly to a consumer conveys his decision with respect
to such request, if the third party advises the consumer of the name and address of the
person to whom the request was made and such person makes the disclosures to the consumer
required under section 615.
- Exclusions.--The term `consumer report' does not include--
- any--
- report containing information solely as to transactions or experiences between the
consumer and the person making the report;
- communication of that information among persons related by common ownership or
affiliated by corporate control; or
- any communication of other information among persons related by common ownership or
affiliated by corporate control, if it is clearly and conspicuously disclosed to the
consumer that the information may be communicated among such persons and the consumer is
given the opportunity, before the time that the information is initially communicated, to
direct that such information not be communicated among such persons;
- any authorization or approval of a specific extension of credit directly or indirectly
by the issuer of a credit card or similar device;
- any report in which a person who has been requested by a third party to make a specific
extension of credit directly or indirectly to a consumer conveys his or her decision with
respect to such request, if the third party advises the consumer of the name and address
of the person to whom the request was made, and such person makes the disclosures to the
consumer required under section 615;
or
- a communication described in subsection (o).
or
- The term `investigative consumer report' means a consumer
report or portion thereof in which information on a consumer's character, general
reputation, personal characteristics, or mode of living is obtained through personal
interviews with neighbo rs, friends, or associates of the consumer reported on or with
others with whom he is acquainted or who may have knowledge concerning any such items of
information. However, such information shall not include specific factual information on a
consumers c redit record obtained directly from a creditor of the consumer or from a
consumer reporting agency when such information was obtained directly from a creditor of
the consumer or from the consumer.
- The term `consumer reporting agency' means any person which, for monetary fees, dues, or
on a cooperative nonprofit basis, regularly consumer credit information or other
information on consumers for the purpose of furnishing consumer reports to thi rd parties,
and which uses any means or facility of interstate commerce for the purpose of preparing
or furnishing consumer reports.
- 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.
- The term `employment purposes' when used in connection with a consumer report means a
report used for the purpose of evaluating a consumer for employment, promotion,
reassignment or retention as an employee.
- The term "medical information" means information or records obtained, with the
consent of the individual to whom it relates, from licensed physicians or medical
practitioners, hospitals, clinics, or other medical or medically related facilities.
- Definitions relating to child support obligations
- Overdue support The term "overdue support" has the meaning given to such term
in Section 466(e) of the Social Security Act.
- State or local child support enforcement agency The term "state or local child
support enforcement agency" means a state or local agency which administers a state
or local program for establishing and enforcing child support obligations.
- Adverse Action:
- Actions included: The term "adverse action "-
- has the same meaning as in Section 701 (d)(6) of the Equal
Credit Opportunity Act; and
- means--
- a denial or cancellation of, an increase in any charge for,
or a reduction or other adverse or unfavorable change in the terms of coverage or amount
of, any insurance, existing or applied for, in connection with the underwriting of
insurance;
- a denial of employment or any other decision for employment
purposes that adversely affects any current or prospective employee;
- a denial or cancellation of, an increase in any charge for,
or any other adverse or unfavorable change in the terms of, any license or benefit
described in Section 604(a)(3)(D);
and
- an action taken or determination that is
- made in connection with an application that was made by, or a transaction that was
initiated by, any consumer, or in connection with a review of an account under Section
604(a)(3)(F)(ii);
and
- adverse to the interests of the consumer.
- Applicable findings, decisions, commentary, and orders: For purposes of any
determination of whether an action is an adverse action under paragraph (1)(A), all appropriate final findings, decisions, commentary, and
orders issued under Section 701(d)(6) of the Equal Credit Opportunity Act by the Board of
Governors of the Federal Reserve System or any court shall apply.
- Firm Offer of Credit or Insurance: The term "firm offer of credit or
insurance" means any offer of credit or insurance to a consumer that will be honored
if the consumer is determined, based on information in a consumer report on the consumer,
to meet the specific criteria used to select the consumer for the offer, except that the
offer may be further conditioned on one or more of the following:
- The consumer being determined, based on information in the consumer's application for
the credit or insurance, to meet specific criteria bearing on credit worthiness or
insurability, as applicable, that are established-
- before selection of the consumer for the offer; and
- for the purpose of determining whether to extend credit or insurance pursuant to the
offer.
- Verification-
- that the consumer continues to meet the specific criteria used to select the consumer
for the offer, by using information in a consumer report on the consumer, information in
the consumer's application for the credit or insurance, or other information bearing on
the credit worthiness or insurability of the consumer; or
- of the information in the consumer's application for the credit or insurance, to
determine that the consumer meets the specific criteria bearing on credit worthiness or
insurability.
- The consumer furnishing any collateral that is a requirement for the extension of the
credit or insurance that was-
- established before selection of the consumer for the offer of credit or insurance; and
- disclosed to the consumer in the offer of credit or insurance.
- Credit or Insurance Transaction That Is Not Initiated by the Consumer: The term
"credit or insurance transaction that is not initiated by the consumer" does not
include the use of a consumer report by a person with which the consumer has an account or
insurance policy, for purposes of-
- reviewing the account or insurance policy; or
- collecting the account.
- State: The term "state" means any state, the Commonwealth of Puerto Rico, the
District of Columbia, and any territory or possession of the United States.
- Excluded Communications: A communication is described in this subsection if
it is a communication--
- that, but for subsection (d)(2)(E),
or would be an investigative consumer report;
- that is made to a prospective employer for the purpose of--
- procuring an employee for the employer; or
- procuring an opportunity for a natural person to work for the employer;
- that is made by a person who regularly performs such procurement;
- that is not used by any person for any purpose other than a purpose described in
subparagraph (A) or (B) of paragraph (2);
or
- with respect to which-
- the consumer who is the subject of the communication-
- consents orally or in writing to the nature and scope of the communication, before the
collection of any information for the purpose of making the communication;
- consents orally or in writing to the making of the communication to a prospective
employer, before the making of the communication; and
- in the case of consent under clause (i) or (ii) given orally, is provided
writtenconfirmation of that consent by the person making the communication, not later than
3 business days after the receipt of the consent by that person;
- the person who makes the communication does not, for the purpose of making the
communication, make any inquiry that if made by a prospective employer of the consumer who
is the subject of the communication would violate any applicable federal or state equal
employment opportunity law or regulation; and
- the person who makes the communication-
- discloses in writing to the consumer who is the subject of the communication, not later
than 5 business days after receiving any request from the consumer for such disclosure,
the nature and substance of all information in the consumer's file at the time of the
request, except that the sources of any information that is acquired solely for use in
making the communication and is actually used for no other purpose, need not be disclosed
other than under appropriate discovery procedures in any court of competent jurisdiction
in which an action is brought; and
- notifies the consumer who is the subject of the communication, in writing, of the
consumer's right to request the information described in clause (i).
- Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide
Basis: The term "consumer reporting agency that compiles and maintains files on
consumers on a nationwide basis" means a consumer reporting agency that regularly
engages in the practice of assembling or evaluating, and maintaining, for the purpose of
furnishing consumer reports to third parties bearing on a consumer's credit worthiness,
credit standing, or credit capacity, each of the following regarding consumers residing
nationwide:
- Public record information.
- Credit account information from persons who furnish that information regularly and in
the ordinary course of business.
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Section 603 Section 2403
§ 1681a. Definitions and rules of construction Section
- Definitions and rules of construction set forth in this section are applicable for the
purposes of this title.
- The term `person' means any individual, partnership, corporation, trust, estate,
cooperative, association, government or governmental subdivision or agency, or other
entity.
- The term `consumer' means an individual.
- The term (d) Consumer Report: (1) In general: The term
`consumer report' means any written, oral, or other communication of any information by a
consumer reporting agency bearing on a consumer's credit worthiness, credit standing,
credit capacity, character, general reputation, personal characteristics, or mode of
living which is used or expected to be used or collected in whole or in part for the
purpose of serving as a factor in establishing the consumer's eligibility
for
- credit
for -- (A) credit or insurance to be used
primarily for personal, family, or household purposes, or
- employment purposes, or
- other purposes authorized under section 604.
purposes; (B) employment purposes; or
(C) any other purpose authorized under Section 604.
The term does not include:
- any report containing information solely as to transactions or experiences between the
consumer and the person making the report;
- any authorization or approval of a specific extension of credit directly or indirectly
by the issuer of a credit card or similar device; or
- any report in which a person who has been requested by a third party to make a specific
extension of credit directly or indirectly to a consumer conveys his decision with respect
to such request, if the third party advises the consumer of the name and address of the
person to whom the request was made and such person makes the disclosures to the consumer
required under section 615.
- Exclusions.--The term `consumer report' does not include--
- any--
- report containing information solely as to transactions or experiences between the
consumer and the person making the report;
- communication of that information among persons related by common ownership or
affiliated by corporate control; or
- any communication of other information among persons related by common ownership or
affiliated by corporate control, if it is clearly and conspicuously disclosed to the
consumer that the information may be communicated among such persons and the consumer is
given the opportunity, before the time that the information is initially communicated, to
direct that such information not be communicated among such persons;
- any authorization or approval of a specific extension of credit directly or indirectly
by the issuer of a credit card or similar device;
- any report in which a person who has been requested by a third party to make a specific
extension of credit directly or indirectly to a consumer conveys his or her decision with
respect to such request, if the third party advises the consumer of the name and address
of the person to whom the request was made, and such person makes the disclosures to the
consumer required under section 615;
or
- a communication described in subsection (o).
or
- The term `investigative consumer report' means a consumer
report or portion thereof in which information on a consumer's character, general
reputation, personal characteristics, or mode of living is obtained through personal
interviews with neighbo rs, friends, or associates of the consumer reported on or with
others with whom he is acquainted or who may have knowledge concerning any such items of
information. However, such information shall not include specific factual information on a
consumers c redit record obtained directly from a creditor of the consumer or from a
consumer reporting agency when such information was obtained directly from a creditor of
the consumer or from the consumer.
- The term `consumer reporting agency' means any person which, for monetary fees, dues, or
on a cooperative nonprofit basis, regularly consumer credit information or other
information on consumers for the purpose of furnishing consumer reports to thi rd parties,
and which uses any means or facility of interstate commerce for the purpose of preparing
or furnishing consumer reports.
- 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.
- The term `employment purposes' when used in connection with a consumer report means a
report used for the purpose of evaluating a consumer for employment, promotion,
reassignment or retention as an employee.
- The term "medical information" means information or records obtained, with the
consent of the individual to whom it relates, from licensed physicians or medical
practitioners, hospitals, clinics, or other medical or medically related facilities.
- Definitions relating to child support obligations
- Overdue support The term "overdue support" has the meaning given to such term
in Section 466(e) of the Social Security Act.
- State or local child support enforcement agency The term "state or local child
support enforcement agency" means a state or local agency which administers a state
or local program for establishing and enforcing child support obligations.
- Adverse Action:
- Actions included: The term "adverse action "-
- has the same meaning as in Section 701 (d)(6) of the Equal
Credit Opportunity Act; and
- means--
- a denial or cancellation of, an increase in any charge for,
or a reduction or other adverse or unfavorable change in the terms of coverage or amount
of, any insurance, existing or applied for, in connection with the underwriting of
insurance;
- a denial of employment or any other decision for employment
purposes that adversely affects any current or prospective employee;
- a denial or cancellation of, an increase in any charge for,
or any other adverse or unfavorable change in the terms of, any license or benefit
described in Section 604(a)(3)(D);
and
- an action taken or determination that is
- made in connection with an application that was made by, or a transaction that was
initiated by, any consumer, or in connection with a review of an account under Section
604(a)(3)(F)(ii);
and
- adverse to the interests of the consumer.
- Applicable findings, decisions, commentary, and orders: For purposes of any
determination of whether an action is an adverse action under paragraph (1)(A), all appropriate final findings, decisions, commentary, and
orders issued under Section 701(d)(6) of the Equal Credit Opportunity Act by the Board of
Governors of the Federal Reserve System or any court shall apply.
- Firm Offer of Credit or Insurance: The term "firm offer of credit or
insurance" means any offer of credit or insurance to a consumer that will be honored
if the consumer is determined, based on information in a consumer report on the consumer,
to meet the specific criteria used to select the consumer for the offer, except that the
offer may be further conditioned on one or more of the following:
- The consumer being determined, based on information in the consumer's application for
the credit or insurance, to meet specific criteria bearing on credit worthiness or
insurability, as applicable, that are established-
- before selection of the consumer for the offer; and
- for the purpose of determining whether to extend credit or insurance pursuant to the
offer.
- Verification-
- that the consumer continues to meet the specific criteria used to select the consumer
for the offer, by using information in a consumer report on the consumer, information in
the consumer's application for the credit or insurance, or other information bearing on
the credit worthiness or insurability of the consumer; or
- of the information in the consumer's application for the credit or insurance, to
determine that the consumer meets the specific criteria bearing on credit worthiness or
insurability.
- The consumer furnishing any collateral that is a requirement for the extension of the
credit or insurance that was-
- established before selection of the consumer for the offer of credit or insurance; and
- disclosed to the consumer in the offer of credit or insurance.
- Credit or Insurance Transaction That Is Not Initiated by the Consumer: The term
"credit or insurance transaction that is not initiated by the consumer" does not
include the use of a consumer report by a person with which the consumer has an account or
insurance policy, for purposes of-
- reviewing the account or insurance policy; or
- collecting the account.
- State: The term "state" means any state, the Commonwealth of Puerto Rico, the
District of Columbia, and any territory or possession of the United States.
- Excluded Communications: A communication is described in this subsection if
it is a communication--
- that, but for subsection (d)(2)(E),
or would be an investigative consumer report;
- that is made to a prospective employer for the purpose of--
- procuring an employee for the employer; or
- procuring an opportunity for a natural person to work for the employer;
- that is made by a person who regularly performs such procurement;
- that is not used by any person for any purpose other than a purpose described in
subparagraph (A) or (B) of paragraph (2);
or
- with respect to which-
- the consumer who is the subject of the communication-
- consents orally or in writing to the nature and scope of the communication, before the
collection of any information for the purpose of making the communication;
- consents orally or in writing to the making of the communication to a prospective
employer, before the making of the communication; and
- in the case of consent under clause (i) or (ii) given orally, is provided
writtenconfirmation of that consent by the person making the communication, not later than
3 business days after the receipt of the consent by that person;
- the person who makes the communication does not, for the purpose of making the
communication, make any inquiry that if made by a prospective employer of the consumer who
is the subject of the communication would violate any applicable federal or state equal
employment opportunity law or regulation; and
- the person who makes the communication-
- discloses in writing to the consumer who is the subject of the communication, not later
than 5 business days after receiving any request from the consumer for such disclosure,
the nature and substance of all information in the consumer's file at the time of the
request, except that the sources of any information that is acquired solely for use in
making the communication and is actually used for no other purpose, need not be disclosed
other than under appropriate discovery procedures in any court of competent jurisdiction
in which an action is brought; and
- notifies the consumer who is the subject of the communication, in writing, of the
consumer's right to request the information described in clause (i).
- Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide
Basis: The term "consumer reporting agency that compiles and maintains files on
consumers on a nationwide basis" means a consumer reporting agency that regularly
engages in the practice of assembling or evaluating, and maintaining, for the purpose of
furnishing consumer reports to third parties bearing on a consumer's credit worthiness,
credit standing, or credit capacity, each of the following regarding consumers residing
nationwide:
- Public record information.
- Credit account information from persons who furnish that information regularly and in
the ordinary course of business.
Previous Section . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . Next Section
Return to the FCRA Comparison -
Section Index