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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

Federal Deception Law: 16 C.F.R. § 316.6. Severability

The provisions of this Part are separate and severable from one another. If any provision is stayed or determined to be invalid, it is the Commission’s intention that the remaining provisions shall continue in effect.

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

16 C.F.R.

§ 455.1 General duties of a used vehicle dealer; definitions.

§ 455.2 Consumer sales—window form.

§ 455.3 Window form.

§ 455.4 Contrary statements.

§ 455.5 Spanish language sales.

§ 455.6 State exemptions.

§ 455.7 Severability.

Figure 1: “AS IS”—NO DEALER WARRANTY (English)

Figure 2: IMPLIED WARRANTIES ONLY (English)

Figure 3: Back of Buyers Guide (English)

Figure 4: “AS IS”—NO DEALER WARRANTY (Spanish)

Figure 5: IMPLIED WARRANTIES ONLY (Spanish)

Figure 6: Back of Buyers Guide (Spanish)

Federal Deception Law: 16 C.F.R. § 455.1. General duties of a used vehicle dealer; definitions

(a) It is a deceptive act or practice for any used vehicle dealer, when that dealer sells or offers for sale a used vehicle in or affecting commerce as commerce is defined in the Federal Trade Commission Act:

(1) To misrepresent the mechanical condition of a used vehicle;

(2) To misrepresent the terms of any warranty offered in connection with the sale of a used vehicle; and

Fair Credit Reporting: Section 604(e)

Section 604(e) requires CRAs to allow consumers to opt out of prescreened offers. CRAs must establish and maintain a toll-free telephone number that a consumer can call to opt out. Nationwide CRAs must establish a joint notification system for processing prescreening opt-outs.

1. RELATION TO OTHER SECTIONS

Fair Credit Reporting: Section 604(f)

Section 604(f) prohibits any person from using or obtaining a consumer report, unless the person obtains the report for a permissible purpose and certifies that it will be used for that permissible purpose.

Fair Credit Reporting: Section 604(g)

Section 604(g) generally prohibits CRAs from furnishing medical information in consumer reports without consumer consent, unless the information being furnished pertains to medical debts, and the information is coded to avoid identifying the provider and nature of the transaction, prohibits creditors from obtaining uncoded medical information for credit purposes, with limited exceptions, requires parties who receive medical information to keep such information confidential, and directs the Federal financial agencies to promulgate rules permitting the transmission of certai

Fair Credit Reporting: Section 605(a)

Section 605(a) generally provides time limits beyond which CRAs cannot include information in consumer reports, subject to exceptions set forth in section 605(b).

1. GENERAL

Fair Credit Reporting: Section 605(a)(1)

Section 605(a)(1) prohibits CRAs from reporting “Cases under title 11 of the United States Code or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.”

1. RELATION TO OTHER SUBSECTIONS

Fair Credit Reporting: Section 605(a)(2)

Section 605(a)(2) prohibits CRAs from reporting “Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.”

1. OPERATIVE DATE

Fair Credit Reporting: Section 605(a)(3)

Section 605(a)(3) prohibits CRAs from reporting “Paid tax liens which, from date of payment, antedate the report by more than seven years.”

1. INAPPLICABILITY TO UNPAID LIENS

If a valid tax or other lien remains unsatisfied, it may be reported as long as it remains filed against the consumer because this subsection addresses only paid tax liens.253 See comment 605(a)(5)-2.

Fair Credit Reporting: Section 605(a)(4)

Section 605(a)(4) prohibits CRAs from reporting “Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.”

1. RELATION TO OTHER SECTIONS

Fair Credit Reporting: Section 605(a)(5)

Section 605(a)(5) prohibits CRAs from reporting “Any other adverse item of information, other than convictions of crimes which antedates the report by more than seven years.”

1. RELATION TO OTHER SUBSECTIONS

Fair Credit Reporting: Section 605(a)(6)

Section 605(a)(6) prohibits a CRA from reporting the name or contact information of any medical information furnisher that has notified the CRA of its status, unless (1) such information is coded so that a recipient cannot infer the specific provider or the nature of the services; or (2) the report is being provided to a life or health insurance company.

1. RELATION TO OTHER SECTIONS

Fair Credit Reporting: VI. Other Significant Interpretations in the FTC Staff Summary

The Staff Summary also reflects the statutory modifications made to the FCRA over the years,56 rules issued by the Commission and other Agencies as directed by the 2003 FACT Act, many of the interpretations reflected in the over 80 informal staff opinion letters issued over the last two decades,57 and the staff’s experience from significant enforcement actions. The Staff Summary notes, where appropriate, the related staff opinion letters and enforcement actions.