10 §1316. Methods and conditions of disclosure to consumers
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 210: FAIR CREDIT REPORTING ACT
§1316. Methods and conditions of disclosure to consumers
1. Conditions. A consumer reporting agency shall make the disclosures required under this section during normal business hours and on reasonable notice.
[ 1977, c. 514, (NEW) .]
2. Methods. The disclosures required under section 1315 must be made to the consumer by one or more of the following methods:
A. In person, if the consumer appears in person and furnishes proper identification, and, in any such case, the consumer must be permitted a personal visual inspection of the consumer's file and, upon the consumer's request, must be furnished copies of any report at a charge not to exceed the agency's actual costs for photocopying or otherwise producing the report; [1991, c. 453, §1 (AMD); 1991, c. 453, §10 (AFF).]
B. By telephone, if the consumer presents proper identification, and the toll charge, if any, for the telephone call is prepaid by or charged directly to the consumer; or [1991, c. 453, §1 (AMD); 1991, c. 453, §10 (AFF).]
C. By promptly mailing a copy of the consumer's file to the consumer, if the consumer has made a written request by ordinary mail with proper identification, at a charge not to exceed the agency's actual costs for photocopying or otherwise producing the report and mailing it. [1991, c. 453, §1 (AMD); 1991, c. 453, §10 (AFF).]
In the event that the request for a copy of a consumer's file is made within 60 days after an adverse credit determination, the cost of the disclosure must be paid by the consumer reporting agency. The agency may not be held responsible for improper disclosure of a consumer's file resulting from improper delivery by the United States Postal Service when the agency properly mailed the file, correctly addressed, to the consumer who is the subject of the file nor may the agency be held responsible for improper telephone disclosures under paragraph B when the agency used reasonable procedures to ensure proper identification of the consumer who called for the disclosure.
Upon the request of the consumer, a consumer reporting agency shall make all disclosures pursuant to section 1315 once during any 12-month period without charge to that consumer if the consumer certifies in writing that the consumer is unemployed and intends to apply for employment in the 60-day period beginning on the date on which the certification is made, is a recipient of public welfare assistance or has reason to believe that the file on the consumer at the agency contains inaccurate information due to fraud.
[ 1997, c. 155, Pt. B, §13 (AFF); 1997, c. 155, Pt. B, §7 (AMD) .]
2-A. Additional charges.
[ 2003, c. 118, §2 (RP) .]
2-B. Fees for disclosures. Notwithstanding any other provision of this chapter, a consumer reporting agency may not impose a fee for a consumer report provided to a consumer upon request once during any 12-month period. For a 2nd or subsequent report made during a 12-month period, a consumer reporting agency may charge a consumer a fee not to exceed $5.
[ 2003, c. 118, §3 (NEW) .]
3. Agency personnel to supply information to consumer. Any consumer reporting agency shall provide trained personnel to explain to the consumer any information furnished to him either by personal interview or telephone communication and information furnished by mail shall be accompanied by an explanation of such information if provided in code or trade terminology.
[ 1977, c. 514, (NEW) .]
4. Consumer seeking disclosure by personal interview. The consumer who seeks disclosure by means of a personal interview pursuant to subsection 2, paragraph A, 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.
[ 1977, c. 514, (NEW) .]
SECTION HISTORY
1977, c. 514, (NEW). 1977, c. 677, §6 (AMD). 1985, c. 140, §§1,2 (AMD). 1987, c. 306, §1 (AMD). 1991, c. 453, §1 (AMD). 1991, c. 453, §10 (AFF). 1997, c. 155, §B13 (AFF). 1997, c. 155, §B7 (AMD). 2003, c. 118, §§2,3 (AMD).