Page:United States Statutes at Large Volume 110 Part 4.djvu/606

 110 STAT. 3009 -443 PUBLIC LAW 104-208—SEPT. 30, 1996 "(1) IN GENERAL.— Except as provided in subsections (b), (c), and (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, which charge— "(i) shall not exceed $8; and "(ii) shall be indicated to the consumer before making the disclosure; and "(B) for furnishing, pursuant to section 611(d), following a reinvestigation under section 611(a), 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) 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 (l)(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. " (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 without charge to the consumer if, not later than 60 days after receipt by such consumer of a notification pursuant to section 615, 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. "(c) FREE DISCLOSURE UNDER CERTAIN OTHER CIR- CUMSTANCES. — Upon the request of the consumer, a consumer reporting agency shall make all disclosures pursuant to section 609 once during any 12-month period without charge to that consumer if the consumer certifies in writing that the consumer— "(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) 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 (a).". SEC. 2411. DUTIES OF USERS OF CONSUMER REPORTS. (a) DUTIES OF USERS TAKING ADVERSE ACTIONS. —Section 615(a) of the Fair Credit Reporting Act (15 U.S.C. 1681m(a)) is amended to read as follows: " (a) DUTIES OF USERS TAKING ADVERSE ACTIONS ON THE BASIS OF INFORMATION CONTAINED IN CONSUMER REPORTS. —I f any person takes any adverse action with respect to any consumer that is

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