The Fair Credit Reporting Act (FCRA) (continued)
(j) Definitions Relating to Child Support Obligations. - (1) Overdue support. - The term ''overdue support'' has the meaning given to such term in section 666(e) of title 42. (2) State or local child support enforcement agency. - The term ''State or local child support enforcement agency'' means a State or local agency which administers a State or local program for establishing and enforcing child support obligations.
(k) Adverse Action. (1) Actions included. - The term ''adverse action'' - (A) has the same meaning as in section 1691(d)(6) of this title; and (B) means - (i) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance; (ii) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee; (iii) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b(a)(3)(D) of this title; and (iv) an action taken or determination that is - (I) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b(a)(3)(F)(ii) of this title; and (II) adverse to the interests of the consumer. (2) Applicable findings, decisions, commentary, and orders. - For purposes of any determination of whether an action is an adverse action under paragraph (1)(A), all appropriate final findings, decisions, commentary, and orders issued under section 1691(d)(6) of this title by the Board of Governors of the Federal Reserve System or any court shall apply.
(l) Firm Offer of Credit or Insurance. - The term ''firm offer of credit or insurance'' means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following: (1) The consumer being determined, based on information in the consumer's application for the credit or insurance, to meet specific criteria bearing on credit worthiness [2] or insurability, as applicable, that are established - ''creditworthiness''. (A) before selection of the consumer for the offer; and (B) for the purpose of determining whether to extend credit or insurance pursuant to the offer. (2) Verification - (A) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumer's application for the credit or insurance, or other information bearing on the credit worthiness [2] or insurability of the consumer; or (B) of the information in the consumer's application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness [2] or insurability. (3) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was - (A) established before selection of the consumer for the offer of credit or insurance; and (B) disclosed to the consumer in the offer of credit or insurance.
(m) Credit or Insurance Transaction That Is Not Initiated by the Consumer. - The term ''credit or insurance transaction that is not initiated by the consumer'' does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of (1) reviewing the account or insurance policy; or (2) collecting the account.
(n) State. - The term ''State'' means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States.
(o) Excluded Communications. - A communication is described in this subsection if it is a communication - (1) that, but for subsection (d)(2)(D) of this section, would be an investigative consumer report; (2) that is made to a prospective employer for the purpose of (A) procuring an employee for the employer; or (B) procuring an opportunity for a natural person to work for the employer; (3) that is made by a person who regularly performs such procurement; (4) that is not used by any person for any purpose other than a purpose described in subparagraph (A) or (B) of paragraph (2); and (5) with respect to which (A) the consumer who is the subject of the communication - (i) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication; (ii) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication; and (iii) in the case of consent under clause (i) or (ii) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person; (B) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation; and (C) the person who makes the communication - (i) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumer's file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought; and (ii) notifies the consumer who is the subject of the communication, in writing, of the consumer's right to request the information described in clause (i).
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