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Fair Credit Reporting: 16.4.3.1 When Required

The FCRA requires mortgage lenders who use credit scores in connection with an application for residential real-estate secured credit to provide, free of charge, certain credit scoring information. This requirement applies to both open-end and closed credit secured by one- to four-family residential real estate, including purchase and refinance transactions.146 This requirement applies regardless of the final action taken by the lender on the application.

Fair Credit Reporting: Pennsylvania

Child Support Debts Statute: 23 Pa. Cons. Stat. Ann. § 4303.

State shall report any child support arrearages provided that obligor is given notice and a period of up to twenty days to contest the accuracy of the information.

Credit Repair Statute: 73 Pa. Stat. Ann. §§ 2181 to 2192 (West).

Fair Credit Reporting: Puerto Rico

Child Support Debts Statute: P.R. Laws Ann. tit. 8, § 528.

Child Support Administration shall report child support arrears to consumer reporting agencies. Obligors must be notified prior to release of information and notified that they have ten days to either pay the debt or challenge the report (with opportunity to present evidence).

Credit Repair Statute: P.R. Laws Ann. tit. 7, §§ 631 to 631aa.

Federal Deception Law: Listing of Provisions

15 U.S.C.

§ 7701 Congressional findings and policy

§ 7702 Definitions

§ 7703 Prohibition against predatory and abusive commercial e-mail

§ 7704 Other protections for users of commercial electronic mail

§ 7705 Businesses knowingly promoted by electronic mail with false or misleading transmission information

§ 7706 Enforcement generally

§ 7707 Effect on other laws

§ 7708 Do-Not-E-Mail registry

§ 7709 Study of effects of commercial electronic mail

Federal Deception Law: 15 U.S.C. § 7701. Congressional findings and policy

(a) Findings

The Congress finds the following:

(1) Electronic mail has become an extremely important and popular means of communication, relied on by millions of Americans on a daily basis for personal and commercial purposes. Its low cost and global reach make it extremely convenient and efficient, and offer unique opportunities for the development and growth of frictionless commerce.

Federal Deception Law: 15 U.S.C. § 7702. Definitions

In this chapter:

(1) Affirmative consent

The term “affirmative consent”, when used with respect to a commercial electronic mail message, means that—

(A) the recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the recipient’s own initiative; and

Federal Deception Law: 15 U.S.C. § 7704. Other protections for users of commercial electronic mail

(a) Requirements for transmission of messages

(1) Prohibition of false or misleading transmission information

It is unlawful for any person to initiate the transmission, to a protected computer, of a commercial electronic mail message, or a transactional or relationship message, that contains, or is accompanied by, header information that is materially false or materially misleading. For purposes of this paragraph—

Fair Credit Reporting: New Jersey

Child Support Debts Statute: N.J. Stat. Ann. § 2A:17-56.21 (West).

The state Department of Human Services shall report child support arrearages to consumer reporting agencies. The Department must give obligor prior notice and an opportunity to contest the accuracy of the information.

Data Security Breach Statute: N.J. Stat. Ann. § 56:8-163 (West).

Fair Credit Reporting: New Mexico

Child Support Debts Statute: N.M. Stat. Ann. § 56-3-3.

Child Support Enforcement Division may obtain credit reports for use in locating obligors and enforcing obligations. Division must furnish to credit bureau, on request, the judgment or case number for the obligation for which a report is requested.

Credit Information in Personal Insurance Statute: N.M. Stat. Ann. §§ 59A-17A-1 to 59A-17A-11.

Scope: Use of credit information in personal insurance.

Fair Credit Reporting: New York

Child Support Debts Statute: N.Y. Soc. Serv. Law § 111-c(2)(h) (McKinney).

Each social services district shall report periodically to CRAs information regarding past-due support owed by the parent owing support, including amount of the delinquency. A social services official, at least ten days prior, must provide notice to parent obligor, including the opportunity to be heard, and the methods available for contesting the accuracy of the information.

Fair Credit Reporting: North Carolina

Credit Information in Personal Insurance Statute: N.C. Gen. Stat. Ann. § 58-36-90. See also N.C. Gen. Stat. §§ 58-39-1 to 58-39-76.

Scope: Credit reports or credit scores used in non-commercial insurance underwriting (i.e., residential or non-commercial vehicle).

Fair Credit Reporting: North Dakota

Child Support Debts Statute: N.D. Cent. Code § 50-09-08.4.

Enforcement agencies may report past due support amounts provided obligors given notice and a reasonable opportunity to contest the accuracy of the report first.

Credit Information in Personal Insurance Statute: N.D. Cent. Code §§ 26.1-25.1-01 to 26.1-25.1-11.

Scope: Credit information used in underwriting personal insurance, i.e., policies individually underwritten for personal, family or household purposes.

Fair Credit Reporting: Oklahoma

Child Support Debts Statute: Okla. Stat. tit. 56, § 240.7.

Department of Human Services shall report child support arrearages to consumer reporting agencies. Obligors must be notified prior to the release of the information and be given a reasonable opportunity to contest the accuracy of the information.

Credit Information in Personal Insurance Statute: Okla. Stat. tit. 36, §§ 950 to 959.

Fair Credit Reporting: Oregon

Child Support Debts Statute: Or. Rev. Stat. § 25.650.

The Department of Justice shall provide information on child support arrearages to consumer reporting agencies, but first the obligor parent must be notified and given opportunity to contest accuracy of information. Department of Justice shall promptly notify agency when obligor pays off previously reported arrearage.

Credit Information in Personal Insurance Statute: Or. Rev. Stat. §§ 746.650, 746.661.

Fair Credit Reporting: West Virginia

Child Support Debts Statute: W. Va. Code § 48-18-121.

Those in arrears for child support payments must be provided procedural due process, including notice and a reasonable opportunity to contest accuracy of information, prior to state reporting such arrearages to consumer reporting agencies. State child support enforcement agency must give consumer ten days’ notice prior to requesting report and must use report solely to establish consumer’s capacity to make child support payments.

Fair Credit Reporting: Wisconsin

Child Support Debts Statute: Wis. Stat. § 49.22(11).

Department of Public Assistance shall report child support arrearages, but must give twenty business days prior notice to obligor and disclose methods available to contest accuracy of information. Department must report any errors or payments within thirty days and reporting agency must correct consumer files within thirty days.

Credit Repair Statute: Wis. Stat. §§ 422.501 to 422.506.

Fair Credit Reporting: Wyoming

Child Support Debts Statute: Wyo. Stat. Ann. § 20-6-106(w). See also Wyo. R. & Regs. 049.0009.8 § 2.

Child support delinquencies shall be reported to CRAs. Obligor shall be sent advance notice via first class mail and may request administrative review.

Federal Deception Law: 16 C.F.R. § 316.2. Definitions

(a) The definition of the term “affirmative consent” is the same as the definition of that term in the CAN-SPAM Act, 15 U.S.C. 7702(1).

(b) “Character” means an element of the American Standard Code for Information Interchange (“ASCII”) character set.

(c) The definition of the term “commercial electronic mail message” is the same as the definition of that term in the CAN-SPAM Act, 15 U.S.C. 7702(2).

Federal Deception Law: 16 C.F.R. § 316.3. Primary purpose

(a) In applying the term “commercial electronic mail message” defined in the CAN-SPAM Act, 15 U.S.C. 7702(2), the “primary purpose” of an electronic mail message shall be deemed to be commercial based on the criteria in paragraphs (a)(1) through (3) and (b) of this section:2

Federal Deception Law: 16 C.F.R. § 316.4. Requirement to place warning labels on commercial electronic mail that contains sexually oriented material

(a) Any person who initiates, to a protected computer, the transmission of a commercial electronic mail message that includes sexually oriented material must:

(1) Exclude sexually oriented materials from the subject heading for the electronic mail message and include in the subject heading the phrase “SEXUALLY-EXPLICIT: “in capital letters as the first nineteen (19) characters at the beginning of the subject line;3

Federal Deception Law: 16 C.F.R. § 316.5. Prohibition on charging a fee or imposing other requirements on recipients who wish to opt out

Neither a sender nor any person acting on behalf of a sender may require that any recipient pay any fee, provide any information other than the recipient’s electronic mail address and opt-out preferences, or take any other steps except sending a reply electronic mail message or visiting a single Internet Web page, in order to:

(a) Use a return electronic mail address or other Internet-based mechanism, required by 15 U.S.C. 7704(a)(3), to submit a request not to receive future commercial electronic mail messages from a sender; or