
Limitation Of Liability Of A Consumer Reporting Agency
http://www.ftc.gov/os/statutes/fcra.htm#610
§
610. Conditions and form of
disclosure to consumers [15 U.S.C.
§ 1681h]
(a) In general.
- (1) Proper identification. A consumer
reporting agency shall require, as a condition of making the disclosures
required under section 609 [§ 1681g], that the consumer furnish proper
identification.
(2)
Disclosure in writing. Except as provided in subsection (b), the disclosures
required to be made under section 609 [§ 1681g] 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 609 [§ 1681g]
-
- (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 609 [§ 1681g] 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 609 [§ 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 616 and 617 [§§ 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 609, 610, or 615 [§§ 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, except as to false
information furnished with malice or willful intent to injure such consumer.
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