Page:United States Statutes at Large Volume 117.djvu/2012

 PUBLIC LAW 108–159—DEC. 4, 2003

117 STAT. 1993

‘‘(ii) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency; or ‘‘(iii) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency cannot be reasonably obtained as provided in clause (ii), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency.’’. (e) LIABILITY AND ENFORCEMENT.— (1) CIVIL LIABILITY.—Section 623 of the Fair Credit Reporting Act (15 U.S.C. 1681s–2) is amended by striking subsections (c) and (d) and inserting the following: ‘‘(c) LIMITATION ON LIABILITY.—Except as provided in section 621(c)(1)(B), sections 616 and 617 do not apply to any violation of— ‘‘(1) subsection (a) of this section, including any regulations issued thereunder; ‘‘(2) subsection (e) of this section, except that nothing in this paragraph shall limit, expand, or otherwise affect liability under section 616 or 617, as applicable, for violations of subsection (b) of this section; or ‘‘(3) subsection (e) of section 615. ‘‘(d) LIMITATION ON ENFORCEMENT.—The provisions of law described in paragraphs (1) through (3) of subsection (c) (other than with respect to the exception described in paragraph (2) of subsection (c)) shall be enforced exclusively as provided under section 621 by the Federal agencies and officials and the State officials identified in section 621.’’. (2) STATE ACTIONS.—Section 621(c) of the Fair Credit Reporting Act (15 U.S.C. 1681s(c)) is amended— (A) in paragraph (1)(B)(ii), by striking ‘‘of section 623(a)’’ and inserting ‘‘described in any of paragraphs (1) through (3) of section 623(c)’’; and (B) in paragraph (5)— (i) in each of subparagraphs (A) and (B), by striking ‘‘of section 623(a)(1)’’ each place that term appears and inserting ‘‘described in any of paragraphs (1) through (3) of section 623(c)’’; and (ii) by amending the paragraph heading to read as follows: ‘‘(5) LIMITATIONS ON STATE ACTIONS FOR CERTAIN VIOLATIONS.—’’. (f) RULE OF CONSTRUCTION.—Nothing in this section, the amendments made by this section, or any other provision of this Act shall be construed to affect any liability under section 616 or 617 of the Fair Credit Reporting Act (15 U.S.C. 1681n, 1681o) that existed on the day before the date of enactment of this Act.

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