- 101: Learn About Credit
- 201: Learn About Credit Repair
- 301: Learn About Us
- 401: Learn About Credit Laws
- Lesson 1: Fair Credit Reporting Act
- Lesson 2: Fair and Accurate Credit Transations Act
- Lesson 3: Fair Credit Billing Act
- Lesson 4: Equal Credit Opportunity Act
- Lesson 5: Credit Repair Organizations Act
- Lesson 6: Fair Debt Collection Practices Act
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§ 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b]
(a) In general. Subject to subsection (c), 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 July 30, 2004 13
(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 454 of the Social Security Act (42 U.S.C. § 654) 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 July 30, 2004 14
(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 title, as prescribed by the Federal Trade Commission under section 609(c)(3) [§ 1681g].
(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 615(a)(3); 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 1The references in Sections 604(b)(3)(A) and 604(b)(3)(B) should be to Section 609(c)(1), not (c)(3) that no longer exists as the result of Congress’ re-organization of Section 609(c) in 2003 (FACT Act). July 30, 2004 15
(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 title, as prescribed by the Federal Trade Commission under section 609(c)(3).1
(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 615(a), 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. July 30, 2004 16
(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 609(c)(3).
(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
July 30, 2004 17
(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) Report to the Congress. 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) Definitions. For purposes of this paragraph, the following definitions shall
apply:
(i) The term “classified information” means information that is protected
from unauthorized disclosure under Executive Order No. 12958 or
successor orders.
(ii) 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 the consumer.
July 30, 2004 18
(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) 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); and
(iii) there is not in effect an election by the consumer, made in accordance
with subsection (e), 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 609(a)(5)
[§1681g], 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) 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
July 30, 2004 19
(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), 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
July 30, 2004 20
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 the date of enactment of the
Consumer Credit Reporting Reform Act of 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 607 [§ 1681e] 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 (other than
medical contact information treated in the manner required under section
605(a)(6)) about a consumer, unless–
(A) if furnished in connection with an insurance transaction, the consumer
affirmatively consents to the furnishing of the report;
July 30, 2004 21
(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
605(a)(6).
(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 (other than medical contact information treated in the manner
required under section 605(a)(6)) 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 603(d)(3) 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, or described in section 502(e) of Public Law
106-102; 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 621(b), or the
applicable State insurance authority (with respect to any person engaged in providing insurance or annuities).
2 The reporting periods have been lengthened for certain adverse information pertaining to U.S. Government insured or guaranteed student loans, or pertaining to national direct student loans. See sections 430A(f) and 463(c)(3) of the Higher Education Act of 1965, 20 U.S.C. 1080a(f) and 20 U.S.C. 1087cc(c)(3), respectively.
July 30, 2004 22
(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 the date of enactment of the Fair and Accurate Credit Transactions Act of 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.
§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. §1681c]
(a) Information excluded from consumer reports. Except as authorized under subsection
(b) of this section, no consumer reporting agency may make any consumer report
containing any of the following items of information:
(1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from
the date of entry of the order for relief or the date of adjudication, as the case may
be, antedate the report by more than 10 years.
(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate
the report by more than seven years or until the governing statute of limitations
has expired, whichever is the longer period.
(3) Paid tax liens which, from date of payment, antedate the report by more than
seven years.
(4) Accounts placed for collection or charged to profit and loss which antedate the
report by more than seven years.2
3This provision, added in September 1996, should read “paragraphs (4) and (5)….” Prior Section 605(a)(6)
was amended and re-designated as Section 605(a)(5) in November 1998. The current Section 605(a)(6), added in
December 2003 and now containing no reference to any 7-year period, is obviously inapplicable.
July 30, 2004 23
(5) Any other adverse item of information, other than records of convictions of
crimes which antedates the report by more than seven years.2
(6) The name, address, and telephone number of any medical information furnisher
that has notified the agency of its status, unless–
(A) such name, address, and telephone number are restricted or reported using
codes that do not identify, or provide information sufficient to infer, the
specific provider or the nature of such services, products, or devices to a
person other than the consumer; or
(B) the report is being provided to an insurance company for a purpose
relating to engaging in the business of insurance other than property and
casualty insurance.
(b) Exempted cases. The provisions of paragraphs (1) through (5) of subsection (a) of
this section are not applicable in the case of any consumer credit report to be used in
connection with
(1) a credit transaction involving, or which may reasonably be expected to involve, a
principal amount of $150,000 or more;
(2) the underwriting of life insurance involving, or which may reasonably be
expected to involve, a face amount of $150,000 or more; or
(3) the employment of any individual at an annual salary which equals, or which may
reasonably be expected to equal $75,000, or more.
(c) Running of Reporting Period
(1) In general. The 7-year period referred to in paragraphs (4) and (6)
3 of subsection
(a) shall begin, with respect to any delinquent account that is placed for collection
(internally or by referral to a third party, whichever is earlier), charged to profit and
loss, or subjected to any similar action, upon the expiration of the 180-day period
beginning on the date of the commencement of the delinquency which immediately
preceded the collection activity, charge to profit and loss, or similar action.
(2) Effective date. Paragraph (1) shall apply only to items of information added to the
file of a consumer on or after the date that is 455 days after the date of enactment of
the Consumer Credit Reporting Reform Act of 1996.
(d) Information Required to be Disclosed
(1) Title 11 information. Any consumer reporting agency that furnishes a consumer
report that contains information regarding any case involving the consumer that
arises under title 11, United States Code, shall include in the report an
July 30, 2004 24
identification of the chapter of such title 11 under which such case arises if
provided by the source of the information. If any case arising or filed under title
11, United States Code, is withdrawn by the consumer before a final judgment,
the consumer reporting agency shall include in the report that such case or filing
was withdrawn upon receipt of documentation certifying such withdrawal.
(2) Key factor in credit score information. Any consumer reporting agency that furnishes
a consumer report that contains any credit score or any other risk score or
predictor on any consumer shall include in the report a clear and conspicuous
statement that a key factor (as defined in section 609(f)(2)(B)) that adversely
affected such score or predictor was the number of enquiries, if such a predictor
was in fact a key factor that adversely affected such score. This paragraph shall 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, but only to the extent that such
company is engaged in such activities.
(e) Indication of closure of account by consumer. If a consumer reporting agency is
notified pursuant to section 623(a)(4) [§ 1681s-2] that a credit account of a consumer
was voluntarily closed by the consumer, the agency shall indicate that fact in any
consumer report that includes information related to the account.
(f) Indication of dispute by consumer. If a consumer reporting agency is notified pursuant
to section 623(a)(3) [§ 1681s-2] that information regarding a consumer who was
furnished to the agency is disputed by the consumer, the agency shall indicate that
fact in each consumer report that includes the disputed information.
(g) Truncation of Credit Card and Debit Card Numbers
(1) In general. Except as otherwise provided in this subsection, no person that accepts
credit cards or debit cards for the transaction of business shall print more than the
last 5 digits of the card number or the expiration date upon any receipt provided
to the cardholder at the point of the sale or transaction.
(2) Limitation. This subsection shall apply only to receipts that are electronically
printed, and shall not apply to transactions in which the sole means of recording a
credit card or debit card account number is by handwriting or by an imprint or
copy of the card.
(3) Effective date. This subsection shall become effective–
(A) 3 years after the date of enactment of this subsection, with respect to any cash
register or other machine or device that electronically prints receipts for credit
card or debit card transactions that is in use before January 1, 2005; and
(B) 1 year after the date of enactment of this subsection, with respect to any cash
register or other machine or device that electronically prints receipts for credit
card or debit card transactions that is first put into use on or after January 1, 2005.
(h) Notice of Discrepancy in Address
July 30, 2004 25
(1) In general. If a person has requested a consumer report relating to a consumer
from a consumer reporting agency described in section 603(p), the request
includes an address for the consumer that substantially differs from the addresses
in the file of the consumer, and the agency provides a consumer report in
response to the request, the consumer reporting agency shall notify the requester
of the existence of the discrepancy.
(2) Regulations
(A) Regulations required. The Federal banking agencies, the National Credit
Union Administration, and the Commission shall jointly, with respect to
the entities that are subject to their respective enforcement authority under
section 621, prescribe regulations providing guidance regarding reasonable
policies and procedures that a user of a consumer report should employ
when such user has received a notice of discrepancy under paragraph (1).
(B) Policies and procedures to be included. The regulations prescribed under
subparagraph (A) shall describe reasonable policies and procedures for use
by a user of a consumer report–
(i) to form a reasonable belief that the user knows the identity of the
person to whom the consumer report pertains; and
(ii) if the user establishes a continuing relationship with the consumer, and
the user regularly and in the ordinary course of business furnishes
information to the consumer reporting agency from which the notice of
discrepancy pertaining to the consumer was obtained, to reconcile the
address of the consumer with the consumer reporting agency by
furnishing such address to such consumer reporting agency as part of
information regularly furnished by the user for the period in which the
relationship is established.
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