Identity Theft in Oregon
Identity Theft in Oregon
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Information about identity theft in Oregon presented by the consumer lawyers of Baxter & Baxter, LLP.*

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Fair Credit Reporting Act

Sec. 1681h. Conditions and form of disclosure to consumers


(a) In general
(1) Proper identification
A consumer reporting agency shall require, as a condition of
making the disclosures required under section 1681g of this
title, that the consumer furnish proper identification.
(2) Disclosure in writing
Except as provided in subsection (b) of this section, the
disclosures required to be made under section 1681g of this title
shall be provided under that section in writing.
(b) Other forms of disclosure
(1) In general
If authorized by a consumer, a consumer reporting agency may
make the disclosures required under (!1) 1681g of this title -
(A) other than in writing; and
(B) in such form as may be -
(i) specified by the consumer in accordance with paragraph
(2); and
(ii) available from the agency.
(2) Form
A consumer may specify pursuant to paragraph (1) that
disclosures under section 1681g of this title shall be made -
(A) in person, upon the appearance of the consumer at the
place of business of the consumer reporting agency where
disclosures are regularly provided, during normal business
hours, and on reasonable notice;
(B) by telephone, if the consumer has made a written request
for disclosure by telephone;
(C) by electronic means, if available from the agency; or
(D) by any other reasonable means that is available from the
agency.
(c) Trained personnel
Any consumer reporting agency shall provide trained personnel to
explain to the consumer any information furnished to him pursuant
to section 1681g of this title.
(d) Persons accompanying consumer
The consumer shall be permitted to be accompanied by one other
person of his choosing, who shall furnish reasonable
identification. A consumer reporting agency may require the
consumer to furnish a written statement granting permission to the
consumer reporting agency to discuss the consumer's file in such
person's presence.
(e) Limitation of liability
Except as provided in sections 1681n and 1681o of this title, no
consumer may bring any action or proceeding in the nature of
defamation, invasion of privacy, or negligence with respect to the
reporting of information against any consumer reporting agency, any
user of information, or any person who furnishes information to a
consumer reporting agency, based on information disclosed pursuant
to section 1681g, 1681h, or 1681m of this title, or based on
information disclosed by a user of a consumer report to or for a
consumer against whom the user has taken adverse action, based in
whole or in part on the report (!2) except as to false information
furnished with malice or willful intent to injure such consumer.

AMENDMENTS
1996 - Pub. L. 104-208, Sec. 2408(e)(5)(B), inserted "and form"
after "Conditions" in section catchline.
Subsec. (a). Pub. L. 104-208, Sec. 2408(e)(1), inserted heading
and amended text of subsec. (a) generally. Prior to amendment, text
read as follows: "A consumer reporting agency shall make the
disclosures required under section 1681g of this title during
normal business hours and on reasonable notice."
Subsec. (b). Pub. L. 104-208, Sec. 2408(e)(1), inserted heading
and amended text of subsec. (b) generally. Prior to amendment, text
read as follows: "The disclosures required under section 1681g of
this title shall be made to the consumer -
"(1) in person if he appears in person and furnishes proper
identification; or
"(2) by telephone if he has made a written request, with proper
identification, for telephone disclosure and the toll charge, if
any, for the telephone call is prepaid by or charged directly to
the consumer."
Subsec. (e). Pub. L. 104-208, Sec. 2408(e)(4), inserted "or based
on information disclosed by a user of a consumer report to or for a
consumer against whom the user has taken adverse action, based in
whole or in part on the report" before "except".
EFFECTIVE DATE OF 1996 AMENDMENT
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.

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Statute text updated March 2007.