---
kind: "section"
citation: "12 C.F.R. § 1022.38"
title: "12"
number: "1022.38"
heading: "Duty of consumer reporting agencies regarding medical debt information."
url: "https://uscodex.org/cfr/12/1022.38"
---

# §1022.38. Duty of consumer reporting agencies regarding medical debt information.

- (a) **Scope.** This section applies to any consumer reporting agency as defined in [section 603(f)](/cfr/12/603.md?p=f) of the FCRA, [15 U.S.C. 1681a(f)](/usc/15/1681a.md?p=f).
- (b) **Limitation regarding prohibited medical debt information.** A consumer reporting agency may include medical debt information, as defined in [§ 1022.3(j)](/cfr/12/1022.3.md?p=j), in a consumer report furnished to a creditor only if the consumer reporting agency:
  - (1) Has reason to believe the creditor intends to use the medical debt information in a manner not prohibited by [§ 1022.30](/cfr/12/1022.30.md); and
  - (2) Has reason to believe the creditor is not otherwise legally prohibited from obtaining or using the medical debt information, including by a State law that prohibits a creditor from obtaining or using medical debt information.

## Notes

### Amendments

[90 FR 3373, Jan. 14, 2025]

### Authority

Authority: 12 U.S.C. 5512, 5581; 15 U.S.C. 1681a, 1681b, 1681c, 1681c-1, 1681c-3, 1681e, 1681g, 1681i, 1681j, 1681m, 1681s, 1681s-2, 1681s-3, and 1681t; Sec. 214, Pub. L. 108-159, 117 Stat. 1952.

### Source

Source: 76 FR 79312, Dec. 21, 2011, unless otherwise noted.

### Amendments

[90 FR 3373, Jan. 14, 2025]