Sec. 1681b. Permissible purposes of consumer reports

(a) In general
Subject to subsection (c) of this section, any consumer reporting
agency may furnish a consumer report under the following
circumstances and no other:
(1) In response to the order of a court having jurisdiction to
issue such an order, or a subpoena issued in connection with
proceedings before a Federal grand jury.
(2) In accordance with the written instructions of the consumer
to whom it relates.
(3) To a person which it has reason to believe -
(A) intends to use the information in connection with a
credit transaction involving the consumer on whom the
information is to be furnished and involving the extension of
credit to, or review or collection of an account of, the
consumer; or
(B) intends to use the information for employment purposes;
or
(C) intends to use the information in connection with the
underwriting of insurance involving the consumer; or
(D) intends to use the information in connection with a
determination of the consumer's eligibility for a license or
other benefit granted by a governmental instrumentality
required by law to consider an applicant's financial
responsibility or status; or
(E) intends to use the information, as a potential investor
or servicer, or current insurer, in connection with a valuation
of, or an assessment of the credit or prepayment risks
associated with, an existing credit obligation; or
(F) otherwise has a legitimate business need for the
information -
(i) in connection with a business transaction that is
initiated by the consumer; or
(ii) to review an account to determine whether the consumer
continues to meet the terms of the account.
(4) In response to a request by the head of a State or local
child support enforcement agency (or a State or local government
official authorized by the head of such an agency), if the person
making the request certifies to the consumer reporting agency
that -
(A) the consumer report is needed for the purpose of
establishing an individual's capacity to make child support
payments or determining the appropriate level of such payments;
(B) the paternity of the consumer for the child to which the
obligation relates has been established or acknowledged by the
consumer in accordance with State laws under which the
obligation arises (if required by those laws);
(C) the person has provided at least 10 days' prior notice to
the consumer whose report is requested, by certified or
registered mail to the last known address of the consumer, that
the report will be requested; and
(D) the consumer report will be kept confidential, will be
used solely for a purpose described in subparagraph (A), and
will not be used in connection with any other civil,
administrative, or criminal proceeding, or for any other
purpose.
(5) To an agency administering a State plan under section 654
of title 42 for use to set an initial or modified child support
award.
(b) Conditions for furnishing and using consumer reports for
employment purposes
(1) Certification from user
A consumer reporting agency may furnish a consumer report for
employment purposes only if -
(A) the person who obtains such report from the agency
certifies to the agency that -
(i) the person has complied with paragraph (2) with respect
to the consumer report, and the person will comply with
paragraph (3) with respect to the consumer report if
paragraph (3) becomes applicable; and
(ii) information from the consumer report will not be used
in violation of any applicable Federal or State equal
employment opportunity law or regulation; and
(B) the consumer reporting agency provides with the report,
or has previously provided, a summary of the consumer's rights
under this subchapter, as prescribed by the Federal Trade
Commission under section 1681g(c)(3) (!1) of this title.
(2) Disclosure to consumer
(A) In general
Except as provided in subparagraph (B), a person may not
procure a consumer report, or cause a consumer report to be
procured, for employment purposes with respect to any consumer,
unless -
(i) a clear and conspicuous disclosure has been made in
writing to the consumer at any time before the report is
procured or caused to be procured, in a document that
consists solely of the disclosure, that a consumer report may
be obtained for employment purposes; and
(ii) the consumer has authorized in writing (which
authorization may be made on the document referred to in
clause (i)) the procurement of the report by that person.
(B) Application by mail, telephone, computer, or other similar
means
If a consumer described in subparagraph (C) applies for
employment by mail, telephone, computer, or other similar
means, at any time before a consumer report is procured or
caused to be procured in connection with that application -
(i) the person who procures the consumer report on the
consumer for employment purposes shall provide to the
consumer, by oral, written, or electronic means, notice that
a consumer report may be obtained for employment purposes,
and a summary of the consumer's rights under section
1681m(a)(3) of this title; and
(ii) the consumer shall have consented, orally, in writing,
or electronically to the procurement of the report by that
person.
(C) Scope
Subparagraph (B) shall apply to a person procuring a consumer
report on a consumer in connection with the consumer's
application for employment only if -
(i) the consumer is applying for a position over which the
Secretary of Transportation has the power to establish
qualifications and maximum hours of service pursuant to the
provisions of section 31502 of title 49, or a position
subject to safety regulation by a State transportation
agency; and
(ii) as of the time at which the person procures the report
or causes the report to be procured the only interaction
between the consumer and the person in connection with that
employment application has been by mail, telephone, computer,
or other similar means.
(3) Conditions on use for adverse actions
(A) In general
Except as provided in subparagraph (B), in using a consumer
report for employment purposes, before taking any adverse
action based in whole or in part on the report, the person
intending to take such adverse action shall provide to the
consumer to whom the report relates -
(i) a copy of the report; and
(ii) a description in writing of the rights of the consumer
under this subchapter, as prescribed by the Federal Trade
Commission under section 1681g(c)(3) (!1) of this title.
(B) Application by mail, telephone, computer, or other similar
means
(i) If a consumer described in subparagraph (C) applies for
employment by mail, telephone, computer, or other similar
means, and if a person who has procured a consumer report on
the consumer for employment purposes takes adverse action on
the employment application based in whole or in part on the
report, then the person must provide to the consumer to whom
the report relates, in lieu of the notices required under
subparagraph (A) of this section and under section 1681m(a) of
this title, within 3 business days of taking such action, an
oral, written or electronic notification -
(I) that adverse action has been taken based in whole or in
part on a consumer report received from a consumer reporting
agency;
(II) of the name, address and telephone number of the
consumer reporting agency that furnished the consumer report
(including a toll-free telephone number established by the
agency if the agency compiles and maintains files on
consumers on a nationwide basis);
(III) that the consumer reporting agency did not make the
decision to take the adverse action and is unable to provide
to the consumer the specific reasons why the adverse action
was taken; and
(IV) that the consumer may, upon providing proper
identification, request a free copy of a report and may
dispute with the consumer reporting agency the accuracy or
completeness of any information in a report.
(ii) If, under clause (B)(i)(IV), the consumer requests a
copy of a consumer report from the person who procured the
report, then, within 3 business days of receiving the
consumer's request, together with proper identification, the
person must send or provide to the consumer a copy of a report
and a copy of the consumer's rights as prescribed by the
Federal Trade Commission under section 1681g(c)(3) (!1) of this
title.
(C) Scope
Subparagraph (B) shall apply to a person procuring a consumer
report on a consumer in connection with the consumer's
application for employment only if -
(i) the consumer is applying for a position over which the
Secretary of Transportation has the power to establish
qualifications and maximum hours of service pursuant to the
provisions of section 31502 of title 49, or a position
subject to safety regulation by a State transportation
agency; and
(ii) as of the time at which the person procures the report
or causes the report to be procured the only interaction
between the consumer and the person in connection with that
employment application has been by mail, telephone, computer,
or other similar means.
(4) Exception for national security investigations
(A) In general
In the case of an agency or department of the United States
Government which seeks to obtain and use a consumer report for
employment purposes, paragraph (3) shall not apply to any
adverse action by such agency or department which is based in
part on such consumer report, if the head of such agency or
department makes a written finding that -
(i) the consumer report is relevant to a national security
investigation of such agency or department;
(ii) the investigation is within the jurisdiction of such
agency or department;
(iii) there is reason to believe that compliance with
paragraph (3) will -
(I) endanger the life or physical safety of any person;
(II) result in flight from prosecution;
(III) result in the destruction of, or tampering with,
evidence relevant to the investigation;
(IV) result in the intimidation of a potential witness
relevant to the investigation;
(V) result in the compromise of classified information;
or
(VI) otherwise seriously jeopardize or unduly delay the
investigation or another official proceeding.
(B) Notification of consumer upon conclusion of investigation
Upon the conclusion of a national security investigation
described in subparagraph (A), or upon the determination that
the exception under subparagraph (A) is no longer required for
the reasons set forth in such subparagraph, the official
exercising the authority in such subparagraph shall provide to
the consumer who is the subject of the consumer report with
regard to which such finding was made -
(i) a copy of such consumer report with any classified
information redacted as necessary;
(ii) notice of any adverse action which is based, in part,
on the consumer report; and
(iii) the identification with reasonable specificity of the
nature of the investigation for which the consumer report was
sought.
(C) Delegation by head of agency or department
For purposes of subparagraphs (A) and (B), the head of any
agency or department of the United States Government may
delegate his or her authorities under this paragraph to an
official of such agency or department who has personnel
security responsibilities and is a member of the Senior
Executive Service or equivalent civilian or military rank.
(D) Definitions
For purposes of this paragraph, the following definitions
shall apply:
(i) Classified information
The term "classified information" means information that is
protected from unauthorized disclosure under Executive Order
No. 12958 or successor orders.
(ii) National security investigation
The term "national security investigation" means any
official inquiry by an agency or department of the United
States Government to determine the eligibility of a consumer
to receive access or continued access to classified
information or to determine whether classified information
has been lost or compromised.
(c) Furnishing reports in connection with credit or insurance
transactions that are not initiated by consumer
(1) In general
A consumer reporting agency may furnish a consumer report
relating to any consumer pursuant to subparagraph (A) or (C) of
subsection (a)(3) of this section in connection with any credit
or insurance transaction that is not initiated by the consumer
only if -
(A) the consumer authorizes the agency to provide such report
to such person; or
(B)(i) the transaction consists of a firm offer of credit or
insurance;
(ii) the consumer reporting agency has complied with
subsection (e) of this section; and
(iii) there is not in effect an election by the consumer,
made in accordance with subsection (e) of this section, to have
the consumer's name and address excluded from lists of names
provided by the agency pursuant to this paragraph.
(2) Limits on information received under paragraph (1)(B)
A person may receive pursuant to paragraph (1)(B) only -
(A) the name and address of a consumer;
(B) an identifier that is not unique to the consumer and that
is used by the person solely for the purpose of verifying the
identity of the consumer; and
(C) other information pertaining to a consumer that does not
identify the relationship or experience of the consumer with
respect to a particular creditor or other entity.
(3) Information regarding inquiries
Except as provided in section 1681g(a)(5) of this title, a
consumer reporting agency shall not furnish to any person a
record of inquiries in connection with a credit or insurance
transaction that is not initiated by a consumer.
(d) Reserved
(e) Election of consumer to be excluded from lists
(1) In general
A consumer may elect to have the consumer's name and address
excluded from any list provided by a consumer reporting agency
under subsection (c)(1)(B) of this section in connection with a
credit or insurance transaction that is not initiated by the
consumer, by notifying the agency in accordance with paragraph
(2) that the consumer does not consent to any use of a consumer
report relating to the consumer in connection with any credit or
insurance transaction that is not initiated by the consumer.
(2) Manner of notification
A consumer shall notify a consumer reporting agency under
paragraph (1) -
(A) through the notification system maintained by the agency
under paragraph (5); or
(B) by submitting to the agency a signed notice of election
form issued by the agency for purposes of this subparagraph.
(3) Response of agency after notification through system
Upon receipt of notification of the election of a consumer
under paragraph (1) through the notification system maintained by
the agency under paragraph (5), a consumer reporting agency shall
-
(A) inform the consumer that the election is effective only
for the 5-year period following the election if the consumer
does not submit to the agency a signed notice of election form
issued by the agency for purposes of paragraph (2)(B); and
(B) provide to the consumer a notice of election form, if
requested by the consumer, not later than 5 business days after
receipt of the notification of the election through the system
established under paragraph (5), in the case of a request made
at the time the consumer provides notification through the
system.
(4) Effectiveness of election
An election of a consumer under paragraph (1) -
(A) shall be effective with respect to a consumer reporting
agency beginning 5 business days after the date on which the
consumer notifies the agency in accordance with paragraph (2);
(B) shall be effective with respect to a consumer reporting
agency -
(i) subject to subparagraph (C), during the 5-year period
beginning 5 business days after the date on which the
consumer notifies the agency of the election, in the case of
an election for which a consumer notifies the agency only in
accordance with paragraph (2)(A); or
(ii) until the consumer notifies the agency under
subparagraph (C), in the case of an election for which a
consumer notifies the agency in accordance with paragraph
(2)(B);
(C) shall not be effective after the date on which the
consumer notifies the agency, through the notification system
established by the agency under paragraph (5), that the
election is no longer effective; and
(D) shall be effective with respect to each affiliate of the
agency.
(5) Notification system
(A) In general
Each consumer reporting agency that, under subsection
(c)(1)(B) of this section, furnishes a consumer report in
connection with a credit or insurance transaction that is not
initiated by a consumer, shall -
(i) establish and maintain a notification system, including
a toll-free telephone number, which permits any consumer
whose consumer report is maintained by the agency to notify
the agency, with appropriate identification, of the
consumer's election to have the consumer's name and address
excluded from any such list of names and addresses provided
by the agency for such a transaction; and
(ii) publish by not later than 365 days after September 30,
1996, and not less than annually thereafter, in a publication
of general circulation in the area served by the agency -
(I) a notification that information in consumer files
maintained by the agency may be used in connection with
such transactions; and
(II) the address and toll-free telephone number for
consumers to use to notify the agency of the consumer's
election under clause (i).
(B) Establishment and maintenance as compliance
Establishment and maintenance of a notification system
(including a toll-free telephone number) and publication by a
consumer reporting agency on the agency's own behalf and on
behalf of any of its affiliates in accordance with this
paragraph is deemed to be compliance with this paragraph by
each of those affiliates.
(6) Notification system by agencies that operate nationwide
Each consumer reporting agency that compiles and maintains
files on consumers on a nationwide basis shall establish and
maintain a notification system for purposes of paragraph (5)
jointly with other such consumer reporting agencies.
(f) Certain use or obtaining of information prohibited
A person shall not use or obtain a consumer report for any
purpose unless -
(1) the consumer report is obtained for a purpose for which the
consumer report is authorized to be furnished under this section;
and
(2) the purpose is certified in accordance with section 1681e
of this title by a prospective user of the report through a
general or specific certification.
(g) Protection of medical information
(1) Limitation on consumer reporting agencies
A consumer reporting agency shall not furnish for employment
purposes, or in connection with a credit or insurance
transaction, a consumer report that contains medical information
about a consumer, unless -
(A) if furnished in connection with an insurance transaction,
the consumer affirmatively consents to the furnishing of the
report;
(B) if furnished for employment purposes or in connection
with a credit transaction -
(i) the information to be furnished is relevant to process
or effect the employment or credit transaction; and
(ii) the consumer provides specific written consent for the
furnishing of the report that describes in clear and
conspicuous language the use for which the information will
be furnished; or
(C) the information to be furnished pertains solely to
transactions, accounts, or balances relating to debts arising
from the receipt of medical services, products, or devises,
where such information, other than account status or amounts,
is restricted or reported using codes that do not identify, or
do not provide information sufficient to infer, the specific
provider or the nature of such services, products, or devices,
as provided in section 1681c(a)(6) of this title.
(2) Limitation on creditors
Except as permitted pursuant to paragraph (3)(C) or regulations
prescribed under paragraph (5)(A), a creditor shall not obtain or
use medical information pertaining to a consumer in connection
with any determination of the consumer's eligibility, or
continued eligibility, for credit.
(3) Actions authorized by Federal law, insurance activities and
regulatory determinations
Section 1681a(d)(3) of this title shall not be construed so as
to treat information or any communication of information as a
consumer report if the information or communication is disclosed
-
(A) in connection with the business of insurance or
annuities, including the activities described in section 18B of
the model Privacy of Consumer Financial and Health Information
Regulation issued by the National Association of Insurance
Commissioners (as in effect on January 1, 2003);
(B) for any purpose permitted without authorization under the
Standards for Individually Identifiable Health Information
promulgated by the Department of Health and Human Services
pursuant to the Health Insurance Portability and Accountability
Act of 1996, or referred to under section 1179 of such Act,(!2)
or described in section 6802(e) of this title; or
(C) as otherwise determined to be necessary and appropriate,
by regulation or order and subject to paragraph (6), by the
Commission, any Federal banking agency or the National Credit
Union Administration (with respect to any financial institution
subject to the jurisdiction of such agency or Administration
under paragraph (1), (2), or (3) of section 1681s(b) of this
title,(!3) or the applicable State insurance authority (with
respect to any person engaged in providing insurance or
annuities).
(4) Limitation on redisclosure of medical information
Any person that receives medical information pursuant to
paragraph (1) or (3) shall not disclose such information to any
other person, except as necessary to carry out the purpose for
which the information was initially disclosed, or as otherwise
permitted by statute, regulation, or order.
(5) Regulations and effective date for paragraph (2)
(A) Regulations required
Each Federal banking agency and the National Credit Union
Administration shall, subject to paragraph (6) and after notice
and opportunity for comment, prescribe regulations that permit
transactions under paragraph (2) that are determined to be
necessary and appropriate to protect legitimate operational,
transactional, risk, consumer, and other needs (and which shall
include permitting actions necessary for administrative
verification purposes), consistent with the intent of paragraph
(2) to restrict the use of medical information for
inappropriate purposes.
(B) Final regulations required
The Federal banking agencies and the National Credit Union
Administration shall issue the regulations required under
subparagraph (A) in final form before the end of the 6-month
period beginning on December 4, 2003.
(6) Coordination with other laws
No provision of this subsection shall be construed as altering,
affecting, or superseding the applicability of any other
provision of Federal law relating to medical confidentiality.

AMENDMENT OF SUBSECTION (G)
Pub. L. 108-159, title IV, Sec. 412(f), (g), Dec. 4, 2003, 117
Stat. 2003, provided that, effective at the end of the 15-month
period beginning on Dec. 4, 2003, subsection (g) of this section is
amended:
(1) in paragraph (1), by inserting "(other than medical contact
information treated in the manner required under section
1681c(a)(6) of this title)" after "a consumer report that contains
medical information"; and
(2) in paragraph (2), by inserting "(other than medical
information treated in the manner required under section
1681c(a)(6) of this title)" after "a creditor shall not obtain or
use medical information".

AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-159, Sec. 811(b), realigned
margins.
Subsec. (b)(4)(D) to (F). Pub. L. 108-177 struck out subpars. (D)
and (E) and redesignated subpar. (F) as (D). Prior to amendment,
subpars. (D) and (E) read as follows:
"(D) Report to the congress. - Except as provided in subparagraph
(E), not later than January 31 of each year, the head of each
agency and department of the United States Government that
exercised authority under this paragraph during the preceding year
shall submit a report to the Congress on the number of times the
department or agency exercised such authority during the year.
"(E) Reports to congressional intelligence committees. - In the
case of a report to be submitted under subparagraph (D) to the
congressional intelligence committees (as defined in section 401a
of title 50), the submittal date for such report shall be as
provided in section 415b of title 50."
Subsec. (e)(3)(A), (4)(B)(i). Pub. L. 108-159, Sec. 213(c),
substituted "5-year period" for "2-year period".
Subsec. (g). Pub. L. 108-159, Sec. 411(a), amended heading and
text of subsec. (g) generally. Prior to amendment, text read as
follows: "A consumer reporting agency shall not furnish for
employment purposes, or in connection with a credit or insurance
transaction, a consumer report that contains medical information
about a consumer, unless the consumer consents to the furnishing of
the report."
2002 - Subsec. (b)(4)(D). Pub. L. 107-306, Sec. 811(b)(8)(A)(i),
substituted "Except as provided in subparagraph (E), not later
than" for "Not later than".
Subsec. (b)(4)(E), (F). Pub. L. 107-306, Sec. 811(b)(8)(A)(ii),
(iii), added subpar. (E) and redesignated former subpar. (E) as
(F).
1998 - Subsec. (b)(1)(B). Pub. L. 105-347, Sec. 3, inserted ", or
has previously provided," before "a summary".
Subsec. (b)(2). Pub. L. 105-347, Sec. 2(a), amended heading and
text of par. (2) generally. Prior to amendment, text read as
follows: "A person may not procure a consumer report, or cause a
consumer report to be procured, for employment purposes with
respect to any consumer, unless -
"(A) a clear and conspicuous disclosure has been made in
writing to the consumer at any time before the report is procured
or caused to be procured, in a document that consists solely of
the disclosure, that a consumer report may be obtained for
employment purposes; and
"(B) the consumer has authorized in writing the procurement of
the report by that person."
Subsec. (b)(3). Pub. L. 105-347, Sec. 2(b), amended heading and
text of par. (3) generally. Prior to amendment, text read as
follows: "In using a consumer report for employment purposes,
before taking any adverse action based in whole or in part on the
report, the person intending to take such adverse action shall
provide to the consumer to whom the report relates -
"(A) a copy of the report; and
"(B) a description in writing of the rights of the consumer
under this subchapter, as prescribed by the Federal Trade
Commission under section 1681g(c)(3) of this title."
Subsec. (g). Pub. L. 105-347, Sec. 6(4), struck out "or a direct
marketing transaction" after "or insurance transaction".
1997 - Subsec. (b)(4). Pub. L. 105-107 added par. (4).
1996 - Pub. L. 104-208, Secs. 2403(a), 2404(a)(1), designated
existing provisions as subsec. (a) and inserted heading,
substituted "Subject to subsection (c) of this section, any
consumer reporting agency" for "A consumer reporting agency" in
introductory provisions, added subpars. (E) and (F) of par. (3),
and struck out former subpar. (E) of par. (3) which read as
follows: "otherwise has a legitimate business need for the
information in connection with a business transaction involving the
consumer."
Subsec. (b). Pub. L. 104-208, Sec. 2403(b), added subsec. (b).
Subsecs. (c) to (e). Pub. L. 104-208, Sec. 2404(a)(2), added
subsecs. (c) to (e).
Subsec. (f). Pub. L. 104-208, Sec. 2404(b), added subsec. (f).
Subsec. (g). Pub. L. 104-208, Sec. 2405, added subsec. (g).
Pars. (4), (5). Pub. L. 104-193, Sec. 352, added pars. (4) and
(5).
1989 - Par. (1). Pub. L. 101-73 inserted ", or a subpoena issued
in connection with proceedings before a Federal grand jury" before
period at end.
EFFECTIVE DATE OF 2003 AMENDMENTS
Amendment by Pub. L. 108-177 effective Dec. 31, 2003, see section
361(n) of Pub. L. 108-177, set out as a note under section 1611 of
Title 10, Armed Forces.
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.
Amendment by section 411 of Pub. L. 108-159 effective at end of
180-day period beginning on Dec. 4, 2003, with certain exceptions,
see section 411(d) of Pub. L. 108-159, set out as an Effective Date
of 2003 Amendment note under section 1681a of this title.
Pub. L. 108-159, title IV, Sec. 412(g), Dec. 4, 2003, 117 Stat.
2003, provided that: "The amendments made by this section [amending
this section and sections 1681c, 1681s, and 1681s-2 of this title]
shall take effect at the end of the 15-month period beginning on
the date of enactment of this Act [Dec. 4, 2003]."
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-347 deemed to have same effective date
as amendments made by section 2403 of Pub. L. 104-208, see section
7 of Pub. L. 105-347, set out as a note under section 1681a of this
title.
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105-107, title III, Sec. 311(c), Nov. 20, 1997, 111 Stat.
2256, provided that: "The amendments made by subsections (a) and
(b) [amending this section and section 1681e of this title] shall
take effect as if such amendments had been included in chapter 1 of
subtitle D of the Economic Growth and Regulatory Paperwork
Reduction Act of 1996 [chapter 1 (Secs. 2401-2422) of subtitle D of
title II of div. A of Pub. L. 104-208], as of the date of the
enactment of such Act [Sept. 30, 1996]."
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by Pub. L. 104-208 effective 365 days after Sept. 30,
1996, with special rule for early compliance, see section 2420 of
Pub. L. 104-208, set out as a note under section 1681a of this
title.
For effective date of amendment by Pub. L. 104-193, see section
395(a)-(c) of Pub. L. 104-193, set out as a note under section 654
of Title 42, The Public Health and Welfare.
PUBLIC AWARENESS CAMPAIGN
Pub. L. 108-159, title II, Sec. 213(d), Dec. 4, 2003, 117 Stat.
1979, provided that: "The Commission shall actively publicize and
conspicuously post on its website any address and the toll-free
telephone number established as part of a notification system for
opting out of prescreening under section 604(e) of the Fair Credit
Reporting Act (15 U.S.C. 1681b(e)), and otherwise take measures to
increase public awareness regarding the availability of the right
to opt out of prescreening."
[For definitions of terms used in section 213(d) of Pub. L.
108-159, set out above, see section 2 of Pub. L. 108-159, set out
as a Definitions note under section 1681 of this title.]
COORDINATION WITH FEDERAL LAWS RELATING
TO MEDICAL CONFIDENTIALITY
Pub. L. 108-159, title IV, Sec. 412(d), Dec. 4, 2003, 117 Stat.
2002, provided that: "No provision of any amendment made by this
section [amending this section and sections 1681c, 1681s, and
1681s-2 of this title] shall be construed as altering, affecting,
or superseding the applicability of any other provision of Federal
law relating to medical confidentiality."
FTC GUIDELINES REGARDING PRESCREENING
FOR INSURANCE TRANSACTIONS
Section 2404(c) of div. A of Pub. L. 104-208 provided that: "The
Federal Trade Commission may issue such guidelines as it deems
necessary with respect to the use of consumer reports in connection
with insurance transactions that are not initiated by the consumer
pursuant to section 604(c) of the Fair Credit Reporting Act [15
U.S.C. 1681b(c)], as added by subsection (a) of this section."