Page:United States Statutes at Large Volume 117.djvu/1993

 117 STAT. 1974

PUBLIC LAW 108–159—DEC. 4, 2003 ‘‘(E) the name of the person or entity that provided the credit score or credit file upon which the credit score was created. ‘‘(2) DEFINITIONS.—For purposes of this subsection, the following definitions shall apply: ‘‘(A) CREDIT SCORE.—The term ‘credit score’— ‘‘(i) means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default (and the numerical value or the categorization derived from such analysis may also be referred to as a ‘risk predictor’ or ‘risk score’); and ‘‘(ii) does not include— ‘‘(I) any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including the loan to value ratio, the amount of down payment, or the financial assets of a consumer; or ‘‘(II) any other elements of the underwriting process or underwriting decision. ‘‘(B) KEY FACTORS.—The term ‘key factors’ means all relevant elements or reasons adversely affecting the credit score for the particular individual, listed in the order of their importance based on their effect on the credit score. ‘‘(3) TIMEFRAME AND MANNER OF DISCLOSURE.—The information required by this subsection shall be provided in the same timeframe and manner as the information described in subsection (a). ‘‘(4) APPLICABILITY TO CERTAIN USES.—This subsection shall not be construed so as to compel a consumer reporting agency to develop or disclose a score if the agency does not— ‘‘(A) distribute scores that are used in connection with residential real property loans; or ‘‘(B) develop scores that assist credit providers in understanding the general credit behavior of a consumer and predicting the future credit behavior of the consumer. ‘‘(5) APPLICABILITY TO CREDIT SCORES DEVELOPED BY ANOTHER PERSON.— ‘‘(A) IN GENERAL.—This subsection shall not be construed to require a consumer reporting agency that distributes credit scores developed by another person or entity to provide a further explanation of them, or to process a dispute arising pursuant to section 611, except that the consumer reporting agency shall provide the consumer with the name and address and website for contacting the person or entity who developed the score or developed the methodology of the score. ‘‘(B) EXCEPTION.—This paragraph shall not apply to a consumer reporting agency that develops or modifies scores that are developed by another person or entity. ‘‘(6) MAINTENANCE OF CREDIT SCORES NOT REQUIRED.—This subsection shall not be construed to require a consumer reporting agency to maintain credit scores in its files. ‘‘(7) COMPLIANCE IN CERTAIN CASES.—In complying with this subsection, a consumer reporting agency shall—

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