§ 1681j. Charges for certain disclosures
(a)
Free annual disclosure
(1)
Nationwide consumer reporting agencies
(B)
Centralized source
Subparagraph (A) shall apply with respect to a consumer reporting agency described in section
1681a
(p) of this title only if the request from the consumer is made using the centralized source established for such purpose in accordance with section 211(c) [1] of the Fair and Accurate Credit Transactions Act of 2003.
(C)
Nationwide specialty consumer reporting agency
(i)
In general
The Commission shall prescribe regulations applicable to each consumer reporting agency described in section
1681a
(w) of this title to require the establishment of a streamlined process for consumers to request consumer reports under subparagraph (A), which shall include, at a minimum, the establishment by each such agency of a toll-free telephone number for such requests.
(ii)
Considerations
In prescribing regulations under clause (i), the Commission shall consider—
(I)
the significant demands that may be placed on consumer reporting agencies in providing such consumer reports;
(iii)
Date of issuance
The Commission shall issue the regulations required by this subparagraph in final form not later than 6 months after December 4, 2003.
(iv)
Consideration of ability to comply
The regulations of the Commission under this subparagraph shall establish an effective date by which each nationwide specialty consumer reporting agency (as defined in section
1681a
(w) of this title) shall be required to comply with subsection (a) of this section, which effective date—
(2)
Timing
A consumer reporting agency shall provide a consumer report under paragraph (1) not later than 15 days after the date on which the request is received under paragraph (1).
(3)
Reinvestigations
Notwithstanding the time periods specified in section
1681i
(a)(1) of this title, a reinvestigation under that section by a consumer reporting agency upon a request of a consumer that is made after receiving a consumer report under this subsection shall be completed not later than 45 days after the date on which the request is received.
(4)
Exception for first 12 months of operation
This subsection shall not apply to a consumer reporting agency that has not been furnishing consumer reports to third parties on a continuing basis during the 12-month period preceding a request under paragraph (1), with respect to consumers residing nationwide.
(b)
Free disclosure after adverse notice to consumer
Each consumer reporting agency that maintains a file on a consumer shall make all disclosures pursuant to section
1681g of this title without charge to the consumer if, not later than 60 days after receipt by such consumer of a notification pursuant to section
1681m of this title, or of a notification from a debt collection agency affiliated with that consumer reporting agency stating that the consumer’s credit rating may be or has been adversely affected, the consumer makes a request under section
1681g of this title.
(c)
Free disclosure under certain other circumstances
Upon the request of the consumer, a consumer reporting agency shall make all disclosures pursuant to section
1681g of this title once during any 12-month period without charge to that consumer if the consumer certifies in writing that the consumer—
(e)
Other charges prohibited
A consumer reporting agency shall not impose any charge on a consumer for providing any notification required by this subchapter or making any disclosure required by this subchapter, except as authorized by subsection (f) of this section.
(f)
Reasonable charges allowed for certain disclosures
(1)
In general
In the case of a request from a consumer other than a request that is covered by any of subsections (a) through (d) of this section, a consumer reporting agency may impose a reasonable charge on a consumer—
(B)
for furnishing, pursuant to section
1681i
(d) of this title, following a reinvestigation under section
1681i
(a) of this title, a statement, codification, or summary to a person designated by the consumer under that section after the 30-day period beginning on the date of notification of the consumer under paragraph (6) or (8) of section
1681i
(a) of this title with respect to the reinvestigation, which charge—
(g)
Prevention of deceptive marketing of credit reports
(1)
In general
Subject to rulemaking pursuant to section 205(b) of the Credit CARD Act of 2009, any advertisement for a free credit report in any medium shall prominently disclose in such advertisement that free credit reports are available under Federal law at: “AnnualCreditReport.com” (or such other source as may be authorized under Federal law).
(2)
Television and radio advertisement
In the case of an advertisement broadcast by television, the disclosures required under paragraph (1) shall be included in the audio and visual part of such advertisement. In the case of an advertisement broadcast by televison [2] or radio, the disclosure required under paragraph (1) shall consist only of the following: “This is not the free credit report provided for by Federal law”.
[1] See References in Text note below.
[2] So in original. Probably should be “television”.