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Fair Credit Reporting: Washington

Credit Information in Personal Insurance Statute: Wash. Rev. Code. § 48.19.035.

Scope: Use of credit information in personal insurance rates, premiums, or eligibility.

Disclosures: Must disclose that it may obtain credit information and, if adverse action taken, must disclose in clear and specific language the reasons for adverse action.176

Federal Deception Law: 15 U.S.C. § 7705. Businesses knowingly promoted by electronic mail with false or misleading transmission information

(a) In general

It is unlawful for a person to promote, or allow the promotion of, that person’s trade or business, or goods, products, property, or services sold, offered for sale, leased or offered for lease, or otherwise made available through that trade or business, in a commercial electronic mail message the transmission of which is in violation of section 7704(a)(1) of this title if that person—

Federal Deception Law: 15 U.S.C. § 7706. Enforcement generally

(a) Violation is unfair or deceptive act or practice

Except as provided in subsection (b) of this section, this chapter shall be enforced by the Commission as if the violation of this chapter were an unfair or deceptive act or practice proscribed under section 57a(a)(1)(B) of this title.

(b) Enforcement by certain other agencies

Compliance with this chapter shall be enforced—

Federal Deception Law: 15 U.S.C. § 7707. Effect on other laws

(a) Federal law

(1) Nothing in this chapter shall be construed to impair the enforcement of section 223 or 231 of Title 47, chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of Title 18, or any other Federal criminal statute.

Federal Deception Law: 15 U.S.C. § 7708. Do-Not-E-Mail registry

(a) In general

Not later than 6 months after December 16, 2003, the Commission shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce a report that—

(1) sets forth a plan and timetable for establishing a nationwide marketing Do-Not-E-Mail registry;

Federal Deception Law: 15 U.S.C. § 7709. Study of effects of commercial electronic mail

(a) In general

Not later than 24 months after December 16, 2003, the Commission, in consultation with the Department of Justice and other appropriate agencies, shall submit a report to the Congress that provides a detailed analysis of the effectiveness and enforcement of the provisions of this chapter and the need (if any) for the Congress to modify such provisions.

(b) Required analysis

Federal Deception Law: 15 U.S.C. § 7711. Regulations

(a) In general

The Commission may issue regulations to implement the provisions of this Act (not including the amendments made by sections 4 and 12). Any such regulations shall be issued in accordance with section 553 of Title 5.

(b) Limitation

Federal Deception Law: 15 U.S.C. § 7713. Separability

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected.

[Pub. L. No. 108-187, § 15, 117 Stat. 2718 (Dec. 16, 2003)]

Federal Deception Law: Listing of Provisions, Source, and Authority

TITLE 16. COMMERCIAL PRACTICES

CHAPTER I. FEDERAL TRADE COMMISSION

SUBCHAPTER C. REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS

PART 316. CAN–SPAM RULE

16 C.F.R.

§ 316.1 Scope.

§ 316.2 Definitions.

§ 316.3 Primary purpose.

§ 316.4 Requirement to place warning labels on commercial electronic mail that contains sexually oriented material.

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.