Page:United States Statutes at Large Volume 110 Part 4.djvu/594

 110 STAT. 3009 -431 PUBLIC LAW 104-208—SEPT. 30, 1996 "(2) DISCLOSURE TO CONSUMER.—^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— "(A) 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 "(B) the consumer has authorized in writing the procurement of the report by that person. "(3) CONDITIONS ON USE FOR ADVERSE ACTIONS. — 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— "(A) a copy of the report; and "(B) 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).". SEC. 2404. USE OF CONSUMER REPORTS FOR PRESCREENING; ^ PROHIBITION ON UNAUTHORIZED OR UNCERTIFIED USE OF INFORMATION. (a) IN GENERAL.—Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) (as amended by section 2403 of this chapter) is amended— (1) in subsection (a), by striking "A consumer reporting agency" and inserting "Subject to subsection (c), any consumer reporting agency; and (2) by adding at the end the following new subsections: "(c) FURNISHING REPORTS IN CONNECTION WITH CREDIT OR INSURANCE TRANSACTIONS THAT ARE NOT INITIATED BY THE CONSUMER.— "(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 (i)(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

�