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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 15 U.S.C. § 1681k Public record information for employment purposes us united_states_code code_section 15 COMMERCE AND TRADE 41 CONSUMER CREDIT PROTECTION 1681k 15 U.S.C. § 1681k current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc15@119-100.zip /us/usc/t15/s1681k data/legal/raw/us/code/title-15/usc15.xml b253039df86bbc52b3f636bb2b561c70394be923cfd99e76788d4c3e32ad77c8 6982338d990ef19d6b52bff6825089bdd6d0ee1233d9382673faf533decd5059 7ba6ba7305bbc148b1728ceafc62adf3cd031c85b4106b3208c079589d7fa45b 2026-07-04 official
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15 U.S.C. § 1681k - Public record information for employment purposes

Text

(a) In general A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumers ability to obtain employment shall—

(1) at the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or

(2) maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumers ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported.

(b) Exemption for national security investigations Subsection (a) does not apply in the case of an agency or department of the United States Government that seeks to obtain and use a consumer report for employment purposes, if the head of the agency or department makes a written finding as prescribed under section 1681b(b)(4)(A) of this title.

(Pub. L. 90321, title VI, § 613, as added Pub. L. 91508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1133; amended Pub. L. 105347, § 4(b), Nov. 2, 1998, 112 Stat. 3210.)

Notes

Editorial Notes

Amendments1998—Pub. L. 105347 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1998 AmendmentAmendment by Pub. L. 105347 deemed to have same effective date as amendments made by section 2403 of Pub. L. 104208, see section 7 of Pub. L. 105347, set out as a note under section 1681a of this title.

Effective DateSection effective upon the expiration of one hundred and eighty days following Oct. 26, 1970, see section 504(d) of Pub. L. 90321, as added by Pub. L. 91508, set out as a note under section 1681 of this title.