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

612. Charges for certain disclosures [15 U.S.C. § 1681j] See also 16 CFR Part 610
69 Fed. Reg. 35467 (06/24/04)
(a) Free Annual Disclosure
(1) Nationwide Consumer Reporting Agencies
(A) In general. All consumer reporting agencies described in subsections (p) and
(w) of section 603 shall make all disclosures pursuant to section 609 once
during any 12-month period upon request of the consumer and without charge
to the consumer.
(B) Centralized source. Subparagraph (A) shall apply with respect to a consumer
reporting agency described in section 603(p) only if the request from the
consumer is made using the centralized source established for such purpose in
accordance with section 211(c) of the Fair and Accurate Credit Transactions
Act of 2003.
(C) Nationwide Specialty Consumer Reporting Agency
(i) In general. The Commission shall prescribe regulations applicable to each
consumer reporting agency described in section 603(w) to require the establishment
of a streamlined process for consumers to request consumer reports
under subparagraph (A), which shall include, at a minimum, the establishment
by each such agency of a toll-free telephone number for such requests.
(ii) Considerations. In prescribing regulations under clause (i), the
Commission shall consider–
(I) the significant demands that may be placed on consumer reporting
agencies in providing such consumer reports;
(II) appropriate means to ensure that consumer reporting agencies can
satisfactorily meet those demands, including the efficacy of a
system of staggering the availability to consumers of such
consumer reports; and
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(III) the ease by which consumers should be able to contact consumer
reporting agencies with respect to access to such consumer reports.
(iii) Date of issuance. The Commission shall issue the regulations required
by this subparagraph in final form not later than 6 months after the date
of enactment of the Fair and Accurate Credit Transactions Act of 2003.
(iv) Consideration of ability to comply. The regulations of the Commission
under this subparagraph shall establish an effective date by which each
nationwide specialty consumer reporting agency (as defined in section
603(w)) shall be required to comply with subsection (a), which
effective date–
(I) shall be established after consideration of the ability of each
nationwide specialty consumer reporting agency to comply with
subsection (a); and
(II) shall be not later than 6 months after the date on which such
regulations are issued in final form (or such additional period not to
exceed 3 months, as the Commission determines appropriate).
(2) Timing. A consumer reporting agency shall provide a consumer report under
paragraph (1) not later than 15 days after the date on which the request is received
under paragraph (1).
(3) Reinvestigations. Notwithstanding the time periods specified in section 611(a)(1),
a reinvestigation under that section by a consumer reporting agency upon a
request of a consumer that is made after receiving a consumer report under this
subsection shall be completed not later than 45 days after the date on which the
request is received.
(4) Exception for first 12 months of operation. This subsection shall not apply to a
consumer reporting agency that has not been furnishing consumer reports to third
parties on a continuing basis during the 12-month period preceding a request
under paragraph (1), with respect to consumers residing nationwide.
(b) Free disclosure after adverse notice to consumer. Each consumer reporting agency that
maintains a file on a consumer shall make all disclosures pursuant to section 609
[§ 1681g] without charge to the consumer if, not later than 60 days after receipt by
such consumer of a notification pursuant to section 615 [§ 1681m], or of a
notification from a debt collection agency affiliated with that consumer reporting
agency stating that the consumer’s credit rating may be or has been adversely
affected, the consumer makes a request under section 609 [§ 1681g].
(c) Free disclosure under certain other circumstances. Upon the request of the consumer,
a consumer reporting agency shall make all disclosures pursuant to section 609
[§ 1681g] once during any 12-month period without charge to that consumer if the
consumer certifies in writing that the consumer
4 The Federal Trade Commission increased the maximum allowable charge to $9.00, effective January 1,
2002. 66 Fed. Reg. 63545 (Dec. 7, 2001).
July 30, 2004 54
(1) is unemployed and intends to apply for employment in the 60-day period
beginning on the date on which the certification is made;
(2) is a recipient of public welfare assistance; or
(3) has reason to believe that the file on the consumer at the agency contains
inaccurate information due to fraud.
(d) Free disclosures in connection with fraud alerts. Upon the request of a consumer, a
consumer reporting agency described in section 603(p) shall make all disclosures
pursuant to section 609 without charge to the consumer, as provided in subsections
(a)(2) and (b)(2) of section 605A, as applicable.
(e) Other charges prohibited A consumer reporting agency shall not impose any charge
on a consumer for providing any notification required by this title or making any
disclosure required by this title, except as authorized by subsection (f).
(f) Reasonable Charges Allowed for Certain Disclosures
(1) In general. In the case of a request from a consumer other than a request that is
covered by any of subsections (a) through (d), a consumer reporting agency may
impose a reasonable charge on a consumer
(A) for making a disclosure to the consumer pursuant to section 609 [§ 1681g],
which charge
(i) shall not exceed $8;4 and
(ii) shall be indicated to the consumer before making the disclosure; and
(B) for furnishing, pursuant to 611(d) [§ 1681i], following a reinvestigation
under section 611(a) [§ 1681i], a statement, codification, or summary to a
person designated by the consumer under that section after the 30-day
period beginning on the date of notification of the consumer under
paragraph (6) or (8) of section 611(a) [§ 1681i] with respect to the
reinvestigation, which charge
(i) shall not exceed the charge that the agency would impose on each
designated recipient for a consumer report; and
(ii) shall be indicated to the consumer before furnishing such information.
(2) Modification of amount. The Federal Trade Commission shall increase the amount
referred to in paragraph (1)(A)(I) on January 1 of each year, based proportionally
on changes in the Consumer Price Index, with fractional changes rounded to the
nearest fifty cents.
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