---
kind: "section"
citation: "15 U.S.C. § 1681a"
title: "15"
title_heading: "Commerce and Trade"
number: "1681a"
heading: "Definitions; rules of construction"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/1681a"
units:
  - "Chapter 41 — Consumer Credit Protection"
  - "Subchapter III — Credit Reporting Agencies"
---

# §1681a. Definitions; rules of construction

- (a) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.
- (b) The term “[person](/usc/15/1602.md?p=e)” means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.
- (c) The term “consumer” means an individual.
- (d) **Consumer Report.—**
  - (1) **In general.—** The term “consumer report” means any written, oral, or other communication of any information by a [consumer reporting agency](#f) bearing on a [consumer](#c)’s [credit](/usc/15/1602.md?p=f) worthiness, [credit](/usc/15/1602.md?p=f) standing, [credit](/usc/15/1602.md?p=f) capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the [consumer](#c)’s eligibility for—
    - (A) [credit](/usc/15/1602.md?p=f) or insurance to be used primarily for personal, family, or household purposes;
    - (B) [employment purposes](#h); or
    - (C) any other purpose authorized under [section 1681b of this title](/usc/15/1681b.md).
  - (2) **Exclusions.—** Except as provided in [paragraph (3)](#d-3), the term “[consumer report](#d-1)” does not include—
    - (A) subject to [section 1681s–3 of this title](/usc/15/1681s–3.md), any—
      - (i) report containing information solely as to transactions or experiences between the [consumer](#c) and the [person](/usc/15/1602.md?p=e) making the report;
      - (ii) communication of that information among [persons](/usc/15/1602.md?p=e) related by common ownership or affiliated by corporate control; or
      - (iii) communication of other information among [persons](/usc/15/1602.md?p=e) related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the [consumer](#c) that the information may be communicated among such [persons](/usc/15/1602.md?p=e) and the [consumer](#c) is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such [persons](/usc/15/1602.md?p=e);
    - (B) any authorization or approval of a specific extension of [credit](/usc/15/1602.md?p=f) directly or indirectly by the issuer of a [credit card](/usc/15/1602.md?p=l) or similar [device](/usc/15/55.md?p=d);
    - (C) any report in which a [person](/usc/15/1602.md?p=e) who has been requested by a third party to make a specific extension of [credit](/usc/15/1602.md?p=f) directly or indirectly to a [consumer](#c) conveys his or her decision with respect to such request, if the third party advises the [consumer](#c) of the name and address of the [person](/usc/15/1602.md?p=e) to whom the request was made, and such [person](/usc/15/1602.md?p=e) makes the disclosures to the [consumer](#c) required under [section 1681m of this title](/usc/15/1681m.md); or
    - (D) a communication described in subsection [(o)](#o) or [(x)](#x).[^1]
  - (3) **Restriction on sharing of medical information.—** Except for information or any communication of information disclosed as provided in [section 1681b(g)(3) of this title](/usc/15/1681b.md?p=g-3), the exclusions in [paragraph (2)](#d-2) shall not apply with respect to information disclosed to any [person](/usc/15/1602.md?p=e) related by common ownership or affiliated by corporate control, if the information is—
    - (A) [medical information](#i);
    - (B) an individualized list or description based on the payment transactions of the [consumer](#c) for medical products or services; or
    - (C) an aggregate list of identified [consumers](#c) based on payment transactions for medical products or services.
- (e) The term “investigative consumer report” means a [consumer report](#d-1) or portion thereof in which information on a [consumer](#c)’s character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a [consumer](#c)’s [credit](/usc/15/1602.md?p=f) record obtained directly from a [creditor](/usc/15/1602.md?p=g) of the [consumer](#c) or from a [consumer reporting agency](#f) when such information was obtained directly from a [creditor](/usc/15/1602.md?p=g) of the [consumer](#c) or from the [consumer](#c).
- (f) The term “consumer reporting agency” means any [person](/usc/15/1602.md?p=e) which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating [consumer](#c) [credit](/usc/15/1602.md?p=f) information or other information on [consumers](#c) for the purpose of furnishing [consumer reports](#d-1) to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing [consumer reports](#d-1).
- (g) The term “file”, when used in connection with information on any [consumer](#c), means all of the information on that [consumer](#c) recorded and retained by a [consumer reporting agency](#f) regardless of how the information is stored.
- (h) The term “employment purposes” when used in connection with a [consumer report](#d-1) means a report used for the purpose of evaluating a [consumer](#c) for employment, promotion, reassignment or retention as an employee.
- (i) **Medical Information.—** The term “medical information”—
  - (1) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the [consumer](#c), that relates to—
    - (A) the past, present, or future physical, mental, or behavioral health or condition of an individual;
    - (B) the provision of health care to an individual; or
    - (C) the payment for the provision of health care to an individual.[^2]
  - (2) does not include the age or gender of a [consumer](#c), demographic information about the [consumer](#c), including a [consumer](#c)’s residence address or e-mail address, or any other information about a [consumer](#c) that does not relate to the physical, mental, or behavioral health or condition of a [consumer](#c), including the existence or value of any insurance policy.
- (j) **Definitions Relating to Child Support Obligations.—**
  - (1) **Overdue support.—** The term “overdue support” has the meaning given to such term in [section 666(e) of title 42](/usc/42/666.md?p=e).
  - (2) **State or local child support enforcement agency.—** The term “State or local child support enforcement agency” means a [State](/usc/15/1602.md?p=s) or local agency which administers a [State](/usc/15/1602.md?p=s) or local program for establishing and enforcing child support obligations.
- (k) **Adverse Action.—**
  - (1) **Actions included.—** The term “adverse action”—
    - (A) has the same meaning as in [section 1691(d)(6) of this title](/usc/15/1691.md?p=d-6); and
    - (B) means—
      - (i) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance;
      - (ii) a denial of employment or any other decision for [employment purposes](#h) that adversely affects any current or prospective employee;
      - (iii) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in [section 1681b(a)(3)(D) of this title](/usc/15/1681b.md?p=a-3-D); and
      - (iv) an action taken or determination that is—
        - (I) made in connection with an application that was made by, or a transaction that was initiated by, any [consumer](#c), or in connection with a review of an [account](#r-4) under [section 1681b(a)(3)(F)(ii) of this title](/usc/15/1681b.md?p=a-3-F-ii); and
        - (II) adverse to the interests of the [consumer](#c).
  - (2) **Applicable findings, decisions, commentary, and orders.—** For purposes of any determination of whether an action is an [adverse action](#k-1) under [paragraph (1)(A)](#k-1-A), all appropriate final findings, decisions, commentary, and orders issued under [section 1691(d)(6) of this title](/usc/15/1691.md?p=d-6) by the [Bureau](/usc/15/1602.md?p=b) or any court shall apply.
- (l) **Firm Offer of Credit or Insurance.—** The term “firm offer of credit or insurance” means any offer of [credit](/usc/15/1602.md?p=f) or insurance to a [consumer](#c) that will be honored if the [consumer](#c) is determined, based on information in a [consumer report](#d-1) on the [consumer](#c), to meet the specific criteria used to select the [consumer](#c) for the offer, except that the offer may be further conditioned on one or more of the following:
  - (1) The [consumer](#c) being determined, based on information in the [consumer](#c)’s application for the [credit](/usc/15/1602.md?p=f) or insurance, to meet specific criteria bearing on [credit](/usc/15/1602.md?p=f) worthiness or insurability, as applicable, that are established—
    - (A) before selection of the [consumer](#c) for the offer; and
    - (B) for the purpose of determining whether to extend [credit](/usc/15/1602.md?p=f) or insurance pursuant to the offer.
  - (2) Verification—
    - (A) that the [consumer](#c) continues to meet the specific criteria used to select the [consumer](#c) for the offer, by using information in a [consumer report](#d-1) on the [consumer](#c), information in the [consumer](#c)’s application for the [credit](/usc/15/1602.md?p=f) or insurance, or other information bearing on the [credit](/usc/15/1602.md?p=f) worthiness or insurability of the [consumer](#c); or
    - (B) of the information in the [consumer](#c)’s application for the [credit](/usc/15/1602.md?p=f) or insurance, to determine that the [consumer](#c) meets the specific criteria bearing on [credit](/usc/15/1602.md?p=f) worthiness or insurability.
  - (3) The [consumer](#c) furnishing any collateral that is a requirement for the extension of the [credit](/usc/15/1602.md?p=f) or insurance that was—
    - (A) established before selection of the [consumer](#c) for the offer of [credit](/usc/15/1602.md?p=f) or insurance; and
    - (B) disclosed to the [consumer](#c) in the offer of [credit](/usc/15/1602.md?p=f) or insurance.
- (m) **Credit or Insurance Transaction That Is Not Initiated by the Consumer.—** The term “credit or insurance transaction that is not initiated by the consumer” does not include the use of a [consumer report](#d-1) by a [person](/usc/15/1602.md?p=e) with which the [consumer](#c) has an [account](#r-4) or insurance policy, for purposes of—
  - (1) reviewing the [account](#r-4) or insurance policy; or
  - (2) collecting the [account](#r-4).
- (n) **State.—** The term “[State](/usc/15/1602.md?p=s)” means any [State](/usc/15/1602.md?p=s), the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States.
- (o) **Excluded Communications.—** A communication is described in this subsection if it is a communication—
  - (1) that, but for [subsection (d)(2)(D)](#d-2-D), would be an [investigative consumer report](#e);
  - (2) that is made to a prospective employer for the purpose of—
    - (A) procuring an employee for the employer; or
    - (B) procuring an opportunity for a natural [person](/usc/15/1602.md?p=e) to work for the employer;
  - (3) that is made by a [person](/usc/15/1602.md?p=e) who regularly performs such procurement;
  - (4) that is not used by any [person](/usc/15/1602.md?p=e) for any purpose other than a purpose described in subparagraph [(A)](#o-2-A) or [(B)](#o-2-B) of paragraph (2); and
  - (5) with respect to which—
    - (A) the [consumer](#c) who is the subject of the communication—
      - (i) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication;
      - (ii) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication; and
      - (iii) in the case of consent under clause [(i)](#o-5-A-i) or [(ii)](#o-5-A-ii) given orally, is provided written confirmation of that consent by the [person](/usc/15/1602.md?p=e) making the communication, not later than 3 business days after the receipt of the consent by that [person](/usc/15/1602.md?p=e);
    - (B) the [person](/usc/15/1602.md?p=e) who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the [consumer](#c) who is the subject of the communication would violate any applicable Federal or [State](/usc/15/1602.md?p=s) equal employment opportunity law or regulation; and
    - (C) the [person](/usc/15/1602.md?p=e) who makes the communication—
      - (i) discloses in writing to the [consumer](#c) who is the subject of the communication, not later than 5 business days after receiving any request from the [consumer](#c) for such disclosure, the nature and substance of all information in the [consumer](#c)’s file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought; and
      - (ii) notifies the [consumer](#c) who is the subject of the communication, in writing, of the [consumer](#c)’s right to request the information described in [clause (i)](#o-5-C-i).
- (p) **Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.—** The term “consumer reporting agency that compiles and maintains files on consumers on a nationwide basis” means a [consumer reporting agency](#f) that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing [consumer reports](#d-1) to third parties bearing on a [consumer](#c)’s [credit](/usc/15/1602.md?p=f) worthiness, [credit](/usc/15/1602.md?p=f) standing, or [credit](/usc/15/1602.md?p=f) capacity, each of the following regarding [consumers](#c) residing nationwide:
  - (1) Public record information.
  - (2) [Credit](/usc/15/1602.md?p=f) [account](#r-4) information from [persons](/usc/15/1602.md?p=e) who furnish that information regularly and in the ordinary course of business.
- (q) **Definitions Relating to Fraud Alerts.—**
  - (1) **Active duty military consumer.—** The term “active duty military consumer” means a [consumer](#c) in military service who—
    - (A) is on active duty (as defined in [section 101(d)(1) of title 10](/usc/10/101.md?p=d-1)) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in [section 101(a)(13) of title 10](/usc/10/101.md?p=a-13); and
    - (B) is assigned to service away from the usual duty station of the [consumer](#c).
  - (2) **Fraud alert; active duty alert.—** The terms “fraud alert” and “active duty alert” mean a statement in the file of a [consumer](#c) that—
    - (A) notifies all prospective users of a [consumer report](#d-1) relating to the [consumer](#c) that the [consumer](#c) may be a victim of fraud, including [identity theft](#q-3), or is an [active duty military consumer](#q-1), as applicable; and
    - (B) is presented in a manner that facilitates a clear and conspicuous view of the statement described in [subparagraph (A)](#q-2-A) by any [person](/usc/15/1602.md?p=e) requesting such [consumer report](#d-1).
  - (3) **Identity theft.—** The term “identity theft” means a fraud committed using the identifying information of another [person](/usc/15/1602.md?p=e), subject to such further definition as the [Bureau](/usc/15/1602.md?p=b) may prescribe, by regulation.
  - (4) **Identity theft report.—** The term “identity theft report” has the meaning given that term by rule of the [Bureau](/usc/15/1602.md?p=b), and means, at a minimum, a report—
    - (A) that alleges an [identity theft](#q-3);
    - (B) that is a copy of an official, valid report filed by a [consumer](#c) with an appropriate Federal, [State](/usc/15/1602.md?p=s), or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the [Bureau](/usc/15/1602.md?p=b); and
    - (C) the filing of which subjects the [person](/usc/15/1602.md?p=e) filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false.
  - (5) **New credit plan.—** The term “new credit plan” means a new [account](#r-4) under an [open end credit plan](/usc/15/1602.md?p=j) (as defined in [section 1602(i)](/usc/15/1602.md?p=i)[^1] of this title) or a new [credit](/usc/15/1602.md?p=f) transaction not under an [open end credit plan](/usc/15/1602.md?p=j).
- (r) **Credit and Debit Related Terms—**
  - (1) **Card issuer.—** The term “[card issuer](/usc/15/1602.md?p=o)” means—
    - (A) a [credit card](/usc/15/1602.md?p=l) issuer, in the case of a [credit card](/usc/15/1602.md?p=l); and
    - (B) a [debit card](#r-3) issuer, in the case of a [debit card](#r-3).
  - (2) **Credit card.—** The term “[credit card](/usc/15/1602.md?p=l)” has the same meaning as in [section 1602 of this title](/usc/15/1602.md).
  - (3) **Debit card.—** The term “debit card” means any card issued by a [financial institution](#t) to a [consumer](#c) for use in initiating an [electronic fund transfer](#r-4) from the [account](#r-4) of the [consumer](#c) at such [financial institution](#t), for the purpose of transferring money between [accounts](#r-4) or obtaining money, property, labor, or services.
  - (4) **Account and electronic fund transfer.—** The terms “account” and “electronic fund transfer” have the same meanings as in [section 1693a of this title](/usc/15/1693a.md).
  - (5) **Credit and creditor.—** The terms “[credit](/usc/15/1602.md?p=f)” and “[creditor](/usc/15/1602.md?p=g)” have the same meanings as in [section 1691a of this title](/usc/15/1691a.md).
- (s) **Federal Banking Agency.—** The term “Federal banking agency” has the same meaning as in [section 1813 of title 12](/usc/12/1813.md).
- (t) **Financial Institution.—** The term “financial institution” means a [State](/usc/15/1602.md?p=s) or National bank, a [State](/usc/15/1602.md?p=s) or Federal savings and loan association, a mutual savings bank, a [State](/usc/15/1602.md?p=s) or Federal [credit](/usc/15/1602.md?p=f) union, or any other [person](/usc/15/1602.md?p=e) that, directly or indirectly, holds a transaction [account](#r-4) (as defined in [section 461(b) of title 12](/usc/12/461.md?p=b)) belonging to a [consumer](#c).
- (u) **Reseller.—** The term “reseller” means a [consumer reporting agency](#f) that—
  - (1) assembles and merges information contained in the database of another [consumer reporting agency](#f) or multiple [consumer reporting agencies](#f) concerning any [consumer](#c) for purposes of furnishing such information to any third party, to the extent of such activities; and
  - (2) does not maintain a database of the assembled or merged information from which new [consumer reports](#d-1) are produced.
- (v) **Commission.—** The term “[Commission](/usc/15/1602.md?p=dd-1)” means the [Bureau](/usc/15/1602.md?p=b).[^3]
- (w) The term “[Bureau](/usc/15/1602.md?p=b)” means the [Bureau](/usc/15/1602.md?p=b) of [Consumer](#c) Financial Protection.
- (x) **Nationwide Specialty Consumer Reporting Agency.—** The term “nationwide specialty consumer reporting agency” means a [consumer reporting agency that compiles and maintains files on consumers on a nationwide basis](#p) relating to—
  - (1) medical records or payments;
  - (2) residential or tenant history;
  - (3) check writing history;
  - (4) employment history; or
  - (5) insurance claims.
- (y) **Exclusion of Certain Communications for Employee Investigations.—**
  - (1) **Communications described in this subsection.—** A communication is described in this subsection if—
    - (A) but for [subsection (d)(2)(D)](#d-2-D), the communication would be a [consumer report](#d-1);
    - (B) the communication is made to an employer in connection with an investigation of—
      - (i) suspected misconduct relating to employment; or
      - (ii) compliance with Federal, [State](/usc/15/1602.md?p=s), or local laws and regulations, the rules of a [self-regulatory organization](#y-3), or any preexisting written policies of the employer;
    - (C) the communication is not made for the purpose of investigating a [consumer](#c)’s [credit](/usc/15/1602.md?p=f) worthiness, [credit](/usc/15/1602.md?p=f) standing, or [credit](/usc/15/1602.md?p=f) capacity; and
    - (D) the communication is not provided to any [person](/usc/15/1602.md?p=e) except—
      - (i) to the employer or an agent of the employer;
      - (ii) to any Federal or [State](/usc/15/1602.md?p=s) officer, agency, or department, or any officer, agency, or department of a unit of general [local government](/usc/15/34.md?p=1);
      - (iii) to any [self-regulatory organization](#y-3) with regulatory authority over the activities of the employer or employee;
      - (iv) as otherwise required by law; or
      - (v) pursuant to [section 1681f of this title](/usc/15/1681f.md).
  - (2) **Subsequent disclosure.—** After taking any [adverse action](#k-1) based in whole or in part on a communication described in [paragraph (1)](#y-1), the employer shall disclose to the [consumer](#c) a summary containing the nature and substance of the communication upon which the [adverse action](#k-1) is based, except that the sources of information acquired solely for use in preparing what would be but for [subsection (d)(2)(D)](#d-2-D) an [investigative consumer report](#e) need not be disclosed.
  - (3) **Self-regulatory organization defined.—** For purposes of this subsection, the term “self-regulatory organization” includes any self-regulatory organization (as defined in [section 78c(a)(26) of this title](/usc/15/78c.md?p=a-26)), any entity established under title I of the Sarbanes-Oxley Act of 2002 [[15 U.S.C. 7211](/usc/15/7211.md) et seq.], any [board](/usc/15/1602.md?p=c) of trade designated by the Commodity Futures Trading [Commission](/usc/15/1602.md?p=dd-1), and any futures association registered with such [Commission](/usc/15/1602.md?p=dd-1).
- (z) **Veteran.—** The term “veteran” has the meaning given the term in [section 101 of title 38](/usc/38/101.md).
- (aa) **Veteran’s Medical Debt.—** The term “[veteran](#z)’s medical debt”—
  - (1) means a medical collection debt of a [veteran](#z) owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs; and
  - (2) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a [veteran](#z).

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original. The period probably should be “; and”.
[^3]: So in original.

## Source credit

(Pub. L. 90–321, title VI, § 603, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1128; amended Pub. L. 102–537, § 2(b), Oct. 27, 1992, 106 Stat. 3531; Pub. L. 104–208, div. A, title II, § 2402, Sept. 30, 1996, 110 Stat. 3009–426; Pub. L. 105–347, § 6(1)–(3), Nov. 2, 1998, 112 Stat. 3211; Pub. L. 108–159, title I, § 111, title II, § 214(c)(1), title IV, § 411(b), (c), title VI, § 611, Dec. 4, 2003, 117 Stat. 1954, 1983, 2001, 2010; Pub. L. 111–203, title X, § 1088(a)(1), (2)(A), (C), (3), July 21, 2010, 124 Stat. 2086, 2087; Pub. L. 115–174, title III, § 302(b)(1), May 24, 2018, 132 Stat. 1333.)

## Notes

### Editorial Notes

### References in Text

Subsection (x) of this section, referred to in subsec. (d)(2)(D), was redesignated subsection (y) of this section by Pub. L. 111–203, title X, § 1088(a)(1), July 21, 2010, 124 Stat. 2086.

Section 1602(i) of this title, referred to in subsec. (q)(5), was redesignated section 1602(j) of this title by Pub. L. 111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107.

The Sarbanes-Oxley Act of 2002, referred to in subsec. (y)(3), is Pub. L. 107–204, July 30, 2002, 116 Stat. 745. Title I of the Act is classified principally to subchapter I (§ 7211 et seq.) of chapter 98 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7201 of this title and Tables.

### Amendments

2018—Subsecs. (z), (aa). Pub. L. 115–174 added subsecs. (z) and (aa).

2010—Subsec. (k)(2). Pub. L. 111–203, § 1088(a)(3), substituted “Bureau” for “Board of Governors of the Federal Reserve System”.

Subsec. (q)(3), (4). Pub. L. 111–203, § 1088(a)(2)(C), substituted “the Bureau” for “the Commission” wherever appearing.

Subsec. (v). Pub. L. 111–203, § 1088(a)(2)(A), substituted “Bureau” for “Federal Trade Commission”.

Subsecs. (w) to (y). Pub. L. 111–203, § 1088(a)(1), added subsec. (w) and redesignated former subsecs. (w) and (x) as (x) and (y), respectively.

2003—Subsec. (d)(2). Pub. L. 108–159, § 411(b)(1), substituted “Except as provided in paragraph (3), the term” for “The term” in introductory provisions.

Subsec. (d)(2)(A). Pub. L. 108–159, § 214(c)(1), inserted “subject to section 1681s–3 of this title,” after “(A)” in introductory provisions.

Subsec. (d)(2)(D). Pub. L. 108–159, § 611(b), inserted “or (x)” after “subsection (o)”.

Subsec. (d)(3). Pub. L. 108–159, § 411(b)(2), added par. (3).

Subsec. (i). Pub. L. 108–159, § 411(c), inserted heading and amended text of subsec. (i) generally. Prior to amendment, text read as follows: “The term ‘medical information’ means information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics, or other medical or medically related facilities.”

Subsecs. (q) to (w). Pub. L. 108–159, § 111, added subsecs. (q) to (w).

Subsec. (x). Pub. L. 108–159, § 611(a), added subsec. (x).

1998—Subsec. (d)(2)(A)(iii). Pub. L. 105–347, § 6(1), struck out “any” before “communication of other”.

Subsec. (o)(1). Pub. L. 105–347, § 6(2), substituted “(d)(2)(D)” for “(d)(2)(E)”.

Subsec. (o)(4). Pub. L. 105–347, § 6(3), substituted “and” for “or” at end.

1996—Subsec. (d). Pub. L. 104–208, § 2402(e), inserted subsec. heading, designated existing provisions as par. (1) and inserted heading, redesignated cls. (1) to (3) as subpars. (A) to (C), respectively, added par. (2), and struck out at end “The term does not include (A) any report containing information solely as to transactions or experiences between the consumer and the person making the report; (B) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or (C) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made and such person makes the disclosures to the consumer required under section 1681m of this title.”

Subsec. (k). Pub. L. 104–208, § 2402(a), added subsec. (k).

Subsec. (l). Pub. L. 104–208, § 2402(b), added subsec. (l).

Subsec. (m). Pub. L. 104–208, § 2402(c), added subsec. (m).

Subsec. (n). Pub. L. 104–208, § 2402(d), added subsec. (n).

Subsec. (o). Pub. L. 104–208, § 2402(f), added subsec. (o).

Subsec. (p). Pub. L. 104–208, § 2402(g), added subsec. (p).

1992—Subsec. (j). Pub. L. 102–537 added subsec. (j).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Pub. L. 115–174, title III, § 302(e), May 24, 2018, 132 Stat. 1335, provided that: “The amendments made by this section [amending this section and sections 1681c, 1681c–1, 1681i, and 1681t of this title and enacting provisions set out as a note under section 1681c of this title] shall take effect on the date that is 1 year after the date of enactment of this Act [May 24, 2018].”

### Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

### Effective Date of 2003 Amendment

Amendment by Pub. L. 108–159 subject to joint regulations establishing effective dates as prescribed by Federal Reserve Board and Federal Trade Commission, except as otherwise provided, see section 3 of Pub. L. 108–159, set out as a note under section 1681 of this title.

Pub. L. 108–159, title IV, § 411(d), Dec. 4, 2003, 117 Stat. 2002, provided that: “This section [amending this section and section 1681b of this title] shall take effect at the end of the 180-day period beginning on the date of enactment of this Act [Dec. 4, 2003], except that paragraph (2) of section 604(g) of the Fair Credit Reporting Act [15 U.S.C. 1681b(g)(2)] (as amended by subsection (a) of this section) shall take effect on the later of— the end of the 90-day period beginning on the date on which the regulations required under paragraph (5)(B) of such section 604(g) are issued in final form; or the date specified in the regulations referred to in paragraph (1).”

### Effective Date of 1998 Amendment

Pub. L. 105–347, § 7, Nov. 2, 1998, 112 Stat. 3211, provided that: “The amendments made by this Act [amending this section and sections 1681b, 1681c, 1681g, 1681i, 1681k, and 1681s of this title] shall be deemed to have the same effective date [see section 2420 of Pub. L. 104–208, set out as a note below] as the amendments made by section 2403 of the Consumer Credit Reporting Reform Act of 1996 (Public Law 104–208; 110 Stat. 3009–1257 [3009–430]) [amending section 1681b of this title].”

### Effective Date of 1996 Amendment

Pub. L. 104–208, div. A, title II, § 2420, Sept. 30, 1996, 110 Stat. 3009–454, provided that: In General.—Except as otherwise specifically provided in this chapter [chapter 1 (§§ 2401–2422) of subtitle D of title II of div. A of Pub. L. 104–208, see Short Title of 1996 Amendment note set out under section 1601 of this title], the amendments made by this chapter shall become effective 365 days after the date of enactment of this Act [Sept. 30, 1996]. Early Compliance.—Any person or other entity that is subject to the requirements of this chapter may, at its option, comply with any provision of this chapter before the date on which that provision becomes effective under this chapter, in which case, each of the corresponding provisions of this chapter shall be fully applicable to such person or entity.”

### Effective Date of 1992 Amendment

Pub. L. 102–537, § 2(d), Oct. 27, 1992, 106 Stat. 3532, provided that: “The amendments made by this section [enacting section 1681s–1 of this title and amending this section] shall take effect on January 1, 1993.”

### Effective Date

Section effective upon the expiration of one hundred and eighty days following Oct. 26, 1970, see section 504(d) of Pub. L. 90–321, as added by Pub. L. 91–508, set out as a note under section 1681 of this title.

### Construction of 1996 Amendment

Pub. L. 104–208, div. A, title II, § 2421, Sept. 30, 1996, 110 Stat. 3009–454, provided that: “Nothing in this chapter [chapter 1 (§§ 2401–2422) of subtitle D of title II of div. A of Pub. L. 104–208, see Short Title of 1996 Amendment note set out under section 1601 of this title] or the amendments made by this chapter shall be considered to supersede or otherwise affect section 2721 of title 18, United States Code, with respect to motor vehicle records for surveys, marketing, or solicitations.”