(2) The sources of the information; except that the sources of information acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed: Provided, That in the event an action is brought under this subchapter, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought.
(3)(A) Identification of each person (including each end-user identified under section 1681e(e)(1) of this title) that procured a consumer report—
(i) for person under subparagraph (A) shall include—
(i) the name of the person or, if applicable, the trade name (written in full) under which such person conducts business; and
(ii) upon request of the person.
(C) Subparagraph (A) does not apply if—
(i) the end user is an agency or department of the United States Government that procures the report from the person for purposes of determining the eligibility of the section 1681b(b)(4)(E)(i) [1] of this title); and
(ii) the head of the agency or department makes a written finding as prescribed under section 1681b(b)(4)(A) of this title.
(4) The dates, original payees, and amounts of any checks upon which is based any adverse characterization of the record of all inquiries received by the agency during the 1-year period preceding the request that identified the credit or insurance transaction that was not initiated by the credit file and not the credit score, a statement that the credit score.
(b) Exempt information
The requirements of subsection (a) respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this subchapter except to the extent that the matter involved is contained in theconsumer reports and to obtain credit scores
(1) Commission [2] summary of rights required
The Commission 2 shall prepare a model summary of the rights ofconsumer report under subsection (a) from each consumer report without charge under section 1681j of this title;
(iv) the right of a credit score from a credit score;
(vi) the method by which a consumer report from, a section 1681a(w) 1 of this title, as provided in the regulations of the Bureau prescribed under section 1681j(a)(1)(C) of this title.
(C) Availability of summary of rights
(i) actively publicize the availability of the summary of rights prepared under this paragraph;
(ii) conspicuously post on its Internet website the availability of such summary of rights; and
(iii) promptly make such summary of rights available to consumers, on request.
(2) Summary of rights required to be included with agency disclosures
A consumer, with each written disclosure by the agency to theBureau under paragraph (1);
(B) in the case of a section 1681a(p) of this title, a toll-free telephone number established by the agency, at which personnel are accessible to State law, and that the State or local consumer protection agency or a State attorney general (or the equivalent thereof) to learn of those rights; and
(E) a statement that a consumer, unless the information is outdated under section 1681c of this title or cannot be verified.
(d) Summary of rights of identity theft victims
The Commission, 2 in consultation with the Federal banking agencies and the National Credit Union Administration , shall prepare a model summary of the rights of identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor.
(2) Summary of rights and contact information
Beginning 60 days after the date on which the model summary of rights is prescribed in final form by the Bureau pursuant to paragraph (1), if any victim of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor, the Bureau under paragraph (1), and information on how to contact the Bureau to obtain more detailed information.
(e) Information available to victims
For the purpose of documenting fraudulent transactions resulting from identity theft, not later than 30 days after the date of receipt of a request from a victim in accordance with paragraph (3), and subject to verification of the identity of the victim and the claim of identity theft in accordance with paragraph (2), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity theft to—
(B) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request; or
(C) any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection.
(2) Verification of identity and claim
Before a business entity provides any information under paragraph (1), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph (1), the victim shall provide to the business entity—
(A) as proof of positive identification of the victim, at the election of the business entity—
(i) the presentation of a government-issued identification card;
(ii) personally identifying information of the same type as was provided to the business entity by the unauthorized person; or
(iii) personally identifying information that the business entity typically requests from new applicants or for new transactions, at the time of the victim’s request for information, including any documentation described in clauses (i) and (ii); and
(B) as proof of a claim of identity theft, at the election of the business entity—
(i) a copy of a police report evidencing the claim of the victim of identity theft; and
(ii) a properly completed—
(I) copy of a standardized affidavit of identity theft developed and made available by the Bureau; or
(II) an [3] affidavit of fact that is acceptable to the business entity for that purpose.
The request of a victim under paragraph (1) shall—
(A) be in writing;
(B) be mailed to an address specified by the business entity, if any; and
(C) if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to facilitate compliance with this section including—
(i) if known by the victim (or if readily obtainable by the victim), the date of the application or transaction; and
(ii) if known by the victim (or if readily obtainable by the victim), any other identifying information such as an account or transaction number.
(4) No charge to victim
Information required to be provided under paragraph (1) shall be so provided without charge.
(5) Authority to decline to provide information
A business entity may decline to provide information under paragraph (1) if, in the exercise of good faith, the business entity determines that—
(A) this subsection does not require disclosure of the information;
(B) after reviewing the information provided pursuant to paragraph (2), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting the information;
(C) the request for the information is based on a misrepresentation of fact by the individual requesting the information relevant to the request for information; or
(D) the information requested is Internet navigational data or similar information about a person’s visit to a website or online service.
(6) Limitation on liability
Except as provided in section 1681s of this title, sections 1681n and 1681o of this title do not apply to any violation of this subsection.
(7) Limitation on civil liability
No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection.
(8) No new recordkeeping obligation
Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law.
(9) Rule of construction
No provision of subtitle A of title V of Public Law 106–102 [15 U.S.C. 6801 et seq.], prohibiting the disclosure of financial information by a business entity to third parties shall be used to deny disclosure of information to the victim under this subsection.
Except as provided in subparagraph (A), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs (B) and (C) of paragraph (1), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law.
(10) Affirmative defense
In any civil action brought to enforce this subsection, it is an affirmative defense (which the defendant must establish by a preponderance of the evidence) for a business entity to file an affidavit or answer stating that—
(A) the business entity has made a reasonably diligent search of its available business records; and
(B) the records requested under this subsection do not exist or are not reasonably available.
(11) Definition of victim
For purposes of this subsection, the term “victim” means a consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime.
(12) Effective date
This subsection shall become effective 180 days after December 4, 2003 .
(13) Effectiveness study
Not later than 18 months after December 4, 2003 , the Comptroller General of the United States shall submit a report to Congress assessing the effectiveness of this provision.
(f) Disclosure of credit scores
Upon the request of a credit score, a credit scoring model may be different than the credit score that may be used by the lender, and a notice which shall include—
(A) the current credit score of the credit score of the credit reporting agency for a purpose related to the extension of credit;
(B) the range of possible credit scores under the model used;
(C) all of the key factors that adversely affected the credit score of thecredit score was created; and
(E) the name of the person or entity that provided the credit score or credit file upon which the credit score was created.
For purposes of this subsection, the following definitions shall apply:
The term “credit score”—
(i) means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default (and the numerical value or the categorization derived from such analysis may also be referred to as a “risk predictor” or “risk score”); and
(ii) does not include—
(I) any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including the loan to value ratio, the amount of down payment, or the financial assets of a key factors” means all relevant elements or reasons adversely affecting the credit score for the particular individual, listed in the order of their importance based on their effect on the credit score.
(3) Timeframe and manner of disclosure
The information required by this subsection shall be provided in the same timeframe and manner as the information described in subsection (a).
(4) Applicability to certain uses
This subsection shall not be construed so as to compel a credit providers in understanding the general credit behavior of a credit behavior of the credit scores developed by another person
This subsection shall not be construed to require a credit scores developed by another person or entity to provide a further explanation of them, or to process a dispute arising pursuant to section 1681i of this title, except that the person or entity who developed the score or developed the methodology of the score.
This paragraph shall not apply to a person or entity.
(6) Maintenance of credit scores not required
This subsection shall not be construed to require a credit scores in its files.
(7) Compliance in certain cases
In complying with this subsection, a credit score that is derived from a credit scoring model that is widely distributed to users by that credit score that assists the credit scoring assessment of the credit behavior of the credit behavior of the consumer; and
(B) a statement indicating that the information and credit scoring model may be different than that used by the lender.
(8) Fair and reasonable fee
A Bureau, for providing the information required under this subsection.
(9) Use of enquiries as a key factor
If a key factor that adversely affects the credit score of a consumer report, that factor shall be included in the disclosure pursuant to paragraph (1)(C) without regard to the numerical limitation in such paragraph.
(g) Disclosure of credit scores by certain mortgage lenders
Any person who makes or arranges loans and who uses a credit score, as defined in subsection (f), in connection with an application initiated or sought by a credit score or scores, a lender is only required to provide the notice contained in subparagraph (D).
(B) Disclosures in case of automated underwriting system
If a person that is subject to this subsection uses an automated underwriting system to underwrite a loan, that person may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a credit score
However, if a numerical credit score is generated by an automated underwriting system used by an enterprise, and that score is disclosed to the person, the score shall be disclosed to theEnterprise defined
For purposes of this subparagraph, the term “enterprise” has the same meaning as in paragraph (6) of section 4502 of title 12.
(C) Disclosures of credit scores not obtained from a person that is subject to the provisions of this subsection and that uses a credit score, other than a credit score provided by a credit score by disclosing a credit score and associated key factors supplied by a credit score that was used:
“notice to the home loan applicant
“In connection with your application for a home loan, the lender must disclose to you the score that a key factors affecting your credit scores.
“The credit score is a computer generated summary calculated at the time of the request and based on information that a file. The scores are based on data about your credit history and payment patterns. Credit scores are important because they are used to assist the lender in determining whether you will obtain a loan. They may also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your conduct, how your credit history and payment patterns change, and how credit scoring technologies change.
“Because the score is based on information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure it is accurate. Credit records may vary from one company to another.
“If you have questions about your credit score or the credit information that is furnished to you, contact the credit score. The person to—
(i) explain the information provided pursuant to subsection (f);
(ii) disclose any information other than a credit score or key factors, as defined in subsection (f);
(iii) disclose any credit score or related information obtained by the user after a loan has closed;
(iv) provide more than 1 disclosure per loan transaction; or
(v) provide the disclosure required by this subsection when another person has made the disclosure to the person pursuant to this subsection shall be limited solely to providing a copy of the information that was received from the person has liability under this subsection for the content of that information or for the omission of any information within the report provided by the Person defined as excluding enterprise
As used in this subsection, the term “person” does not include an enterprise (as defined in paragraph (6) of section 4502 of title 12).
(2) Prohibition on disclosure clauses null and void
Any provision in a contract that prohibits the disclosure of a credit score by a person who makes or arranges loans or a credit score pursuant to this subsection.