Sec. 1681c-2. Block of information resulting from identity theft

(a) Block
Except as otherwise provided in this section, a consumer
reporting agency shall block the reporting of any information in
the file of a consumer that the consumer identifies as information
that resulted from an alleged identity theft, not later than 4
business days after the date of receipt by such agency of -
(1) appropriate proof of the identity of the consumer;
(2) a copy of an identity theft report;
(3) the identification of such information by the consumer; and
(4) a statement by the consumer that the information is not
information relating to any transaction by the consumer.
(b) Notification
A consumer reporting agency shall promptly notify the furnisher
of information identified by the consumer under subsection (a) of
this section -
(1) that the information may be a result of identity theft;
(2) that an identity theft report has been filed;
(3) that a block has been requested under this section; and
(4) of the effective dates of the block.
(c) Authority to decline or rescind
(1) In general
A consumer reporting agency may decline to block, or may
rescind any block, of information relating to a consumer under
this section, if the consumer reporting agency reasonably
determines that -
(A) the information was blocked in error or a block was
requested by the consumer in error;
(B) the information was blocked, or a block was requested by
the consumer, on the basis of a material misrepresentation of
fact by the consumer relevant to the request to block; or
(C) the consumer obtained possession of goods, services, or
money as a result of the blocked transaction or transactions.
(2) Notification to consumer
If a block of information is declined or rescinded under this
subsection, the affected consumer shall be notified promptly, in
the same manner as consumers are notified of the reinsertion of
information under section 1681i(a)(5)(B) of this title.
(3) Significance of block
For purposes of this subsection, if a consumer reporting agency
rescinds a block, the presence of information in the file of a
consumer prior to the blocking of such information is not
evidence of whether the consumer knew or should have known that
the consumer obtained possession of any goods, services, or money
as a result of the block.
(d) Exception for resellers
(1) No reseller file
This section shall not apply to a consumer reporting agency, if
the consumer reporting agency -
(A) is a reseller;
(B) is not, at the time of the request of the consumer under
subsection (a) of this section, otherwise furnishing or
reselling a consumer report concerning the information
identified by the consumer; and
(C) informs the consumer, by any means, that the consumer may
report the identity theft to the Commission to obtain consumer
information regarding identity theft.
(2) Reseller with file
The sole obligation of the consumer reporting agency under this
section, with regard to any request of a consumer under this
section, shall be to block the consumer report maintained by the
consumer reporting agency from any subsequent use, if -
(A) the consumer, in accordance with the provisions of
subsection (a) of this section, identifies, to a consumer
reporting agency, information in the file of the consumer that
resulted from identity theft; and
(B) the consumer reporting agency is a reseller of the
identified information.
(3) Notice
In carrying out its obligation under paragraph (2), the
reseller shall promptly provide a notice to the consumer of the
decision to block the file. Such notice shall contain the name,
address, and telephone number of each consumer reporting agency
from which the consumer information was obtained for resale.
(e) Exception for verification companies
The provisions of this section do not apply to a check services
company, acting as such, which issues authorizations for the
purpose of approving or processing negotiable instruments,
electronic fund transfers, or similar methods of payments, except
that, beginning 4 business days after receipt of information
described in paragraphs (1) through (3) of subsection (a) of this
section, a check services company shall not report to a national
consumer reporting agency described in section 1681a(p) of this
title, any information identified in the subject identity theft
report as resulting from identity theft.
(f) Access to blocked information by law enforcement agencies
No provision of this section shall be construed as requiring a
consumer reporting agency to prevent a Federal, State, or local law
enforcement agency from accessing blocked information in a consumer
file to which the agency could otherwise obtain access under this
subchapter.

EFFECTIVE DATE
Section 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 an Effective Date of 2003 Amendment note under
section 1681 of this title.