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Fair Credit Reporting: Section 621—Administrative Enforcement 15 USC 1681s

Section 621(a)(1) gives the Commission authority to enforce the FCRA with respect to CRAs, users of reports, furnishers of information to CRAs, and all others, except to the extent that section 621(b) provides otherwise, and subject to coordination with the Bureau pursuant to subtitle B of the Consumer Financial Protection Act of 2010.

1. THE COMMISSION’S JURISDICTION

Fair Credit Reporting: Section 623(a)(1)

Section 623(a)(1)(A) prohibits furnishing information to any CRA if the furnisher “knows or has reasonable cause to believe that the information is inaccurate.” However, section 623(a)(1)(C) provides a safe harbor if the furnisher clearly and conspicuously specifies an address where consumers can send disputes concerning the accuracy of information about them.

1. GENERAL

Fair Credit Reporting: Section 623(a)(2)

Section 623(a)(2) provides, “A person who (A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person’s transactions or experiences with any consumer; and (B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person

Fair Credit Reporting: Section 623(a)(3)

Section 623(a)(3) provides, “If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.”

1. RELATION TO OTHER SECTIONS

Fair Credit Reporting: Section 623(a)(4)

Section 623(a)(4) provides, “A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.”

Fair Credit Reporting: Section 623(a)(9)

Section 623(a)(9) requires an entity whose principal business is “providing medical services, products, or devices,” that furnishes consumer information to a CRA, to notify the CRA that it is a “medical information furnisher” for FCRA purposes.

Fair Credit Reporting: Sections 623(c), 623(d)

Section 623(c) provides that sections 616-617 (which allow individual actions for violations of most provisions of the FCRA) do not apply to violations of section 623(a)&(e) (furnishers providing accurate information to CRAs) or 615(e) (“red flags” rules). Section 623(d) provides that those sections “shall be enforced exclusively by the federal agencies and officials and the State officials identified in section 621.”

Fair Credit Reporting: Section 623(e)

Section 623(e) assigned the Commission and Federal financial agencies responsibility for promulgation of guidelines and regulations regarding the accuracy and integrity of information provided to CRAs. Starting July 21, 2011, the Bureau will assume rulemaking authority under this section.

1. IMPLEMENTING REGULATIONS

Fair Credit Reporting: Section 624—Affiliate Marketing 15 USC 1681s-3

Section 624 provides consumers the right to “opt out” of affiliates’ marketing solicitations. There are exceptions for situations where there is a pre-existing business relationship or a consumer-initiated communication, among others. Section 214(b) of the FACT Act, which is not part of the FCRA, required the Commission and Federal financial agencies to prescribe rules to implement this provision. Starting July 21, 2011, the Bureau, the Commodities Futures Trading Commission, and the Securities and Exchange Commission will assume rulemaking authority under this section.

Fair Credit Reporting: Section 625—Relation to State Laws 15 USC 1681t

Section 625(a) sets forth a general rule that the FCRA preempts state law only to the extent that those laws are inconsistent with the FCRA. Sections 625(b) and (c) then prohibit or limit state law in specified areas, in some cases specifically “grandfathering” specified state laws that were in effect before the relevant FCRA provisions were enacted.

Fair Credit Reporting: Part 208

TITLE 12—BANKS AND BANKING

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CHAPTER II—FEDERAL RESERVE SYSTEM

SUBCHAPTER A—BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

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PART 208—MEMBERSHIP OF STATE BANKING INSTITUTIONS IN THE FEDERAL RESERVE SYSTEM (REGULATION H)

SUBPART A—GENERAL MEMBERSHIP AND BRANCHING REQUIREMENTS

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Fair Credit Reporting: Alaska

Child Support Debts Statute: Alaska Stat. § 25.27.273.

Child support enforcement agency may report delinquencies but must immediately report payments if delinquency was reported. May only report the payment history of the obligor.

Credit Information in Personal Insurance Statute: Alaska Stat. §§ 21.36.460, 21.36.461.

Fair Credit Reporting: Arizona

Child Support Debts Statute: Ariz. Rev. Stat. Ann. § 25-512.

Child support delinquencies shall be reported to consumer reporting agencies after fifteen days advance notice and opportunity for administrative review.

Credit Information in Personal Insurance Statute: Ariz. Rev. Stat. Ann. §§ 20-1652 (Reasons for Cancellation), §§ 20-2102 to 20-2122 (Insurance Information Practices).

Fair Credit Reporting: Arkansas

Child Support Debts Statute: Ark. Code Ann. § 9-14-209.

Child support delinquencies shall be reported to consumer reporting agencies after seven days advance notice to obligor and an opportunity to contest accuracy of the information.

Credit Information in Personal Insurance Statute: Ark. Code Ann. §§ 23-67-401 to 23-67-414.

Fair Credit Reporting: Colorado

Child Support Debts Statute: Colo. Rev. Stat. § 26-13-116.

Child support enforcement agencies may report information on child support debts to consumer reporting agencies. Prior to furnishing such information, an agency must provide to the obligor parent advance notice containing an explanation of the obligor parent’s right to contest the accuracy of the information.

Credit Information in Personal Insurance Statute: Colo. Rev. Stat. Ann. §§ 6-1-715, 10-4-616.

Fair Credit Reporting: Connecticut

Child Support Debts Statute: Conn. Gen. Stat. § 52-362d.

The Department of Social Services shall report to any participating consumer reporting agency any overdue support in the amount of $1000 or more. Prior to a report, the Department must give the obligor notice and opportunity for a hearing.

Consumer Data Privacy Statute: Conn. Gen. Stat. §§ 42-526 to 42-530 (effective July 1, 2023).

Fair Credit Reporting: Delaware

Child Support Debts Statute: Del. Code Ann. tit. 13, § 2217.

Information regarding child support delinquencies shall be reported to consumer reporting agencies, provided that the amount of the delinquency is not less than $500 and the obligor is given notice and a period of twenty days to contest the accuracy of the information.

Credit Information in Personal Insurance Statute: Del. Code Ann. tit. 18, §§ 8301 to 8312.

Fair Credit Reporting: District of Columbia

Child Support Debts Statute: D.C. Code § 46-225.

Support obligations of $1000 or more over thirty days past due shall be reported to consumer reporting agencies, provided that the obligor are given thirty days advance notice and an opportunity to contest in writing the accuracy of the information.

Credit Repair Statute: D.C. Code §§ 28-4601 to 28-4608.

Covered Activities: Improving credit record or obtaining extension of credit, in return for money or other consideration.

Fair Credit Reporting: Georgia

Child Support Debts Statute: Ga. Code Ann. § 19-11-25.

The Department of Human Resources shall make available information regarding the amount of overdue support by an absent parent to any consumer reporting agency upon request, if amount of overdue support exceeds $1000, and may do so when the amount is less than $1000. Information will be made available only after notice is sent to the absent parent and the absent parent has been given reasonable opportunity to contest.

Fair Credit Reporting: Guam

Child Support Debts Statute: Guam Code Ann. tit. 5, §§ 34103.2, 34130.

Child Support Enforcement Office shall report child support arrears to consumer reporting agencies where delinquency is $1000 or more; may report arrears if less. Obligors must be notified prior to release of information and informed that they have ten days to request a meeting with the head of the Child Support Enforcement Office to contest accuracy of information.

Fair Credit Reporting: Hawaii

Child Support Debts Statute: Haw. Rev. Stat. § 576D-6(a)(6).

Information regarding child support delinquencies shall be made available to consumer reporting agencies. Delinquent parents must be given notice and the opportunity to contest accuracy of the information prior to reporting.

Credit Repair Statute: Haw. Rev. Stat. § 481B-12.

Covered Activities: Modifying credit record in return for money or other consideration.

Exemptions: None.