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Sunday, May 24, 2009

15 U.S.C. 1681a - part 4

Part four of the summary of 15 U.S.C. 1681a (the definition section of the Fair Credit Reporting Act):

"(h) The term 'employment purposes' when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee."

[In other words, a consumer report that is used by a potential employer when deciding whether to hire a consumer, or a consumer report used by a current employer when deciding whether to promote, reassign or keep an employee, is used for "employment purposes".]

"(i) The term 'medical information' - -

(1) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to - -

(A) the past, present, or future physical, mental, or behavorial health or condition of an individual;

(B) the provision of health care to an individual; or

(C) the payment for the provision of health care to an individual."

[If the information falls under any of these categories, it is considered "medical information" and can not be included on a consumer report.]

"(2) does not include the age or gender of a consumer, demographic information about the consumer, including a consumer's residence address or e-mail address, or any other information about a consumer that does not related to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy."

[These items are not considered "medical information" and are thus allowed to be on a consumer report or an investigative consumer report.]

"(j) Definitions Relating to Child Support Obligations

(1) The 'overdue support' has the meaning given to such term in section 666(e) of title 42 [Social Security Act, 42 U.S.C. Section 666(e)].

(2) 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."

[These definitions relate to 15 U.S.C. 1681s-1 which requires consumer reportin agencies to publish information regarding a consumer's failure to pay overdue child support if the information is less than 7 years old and reported to the consumer reporting agency by a State or local child support enforcement agency.]

Part 5 of 15 U.S.C. 1681a will pick up with subsection (k).

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