2004 Minnesota Statutes

CHAPTER 13C. Access to consumer reports

     13C.001 Definitions. 

    Subdivision 1.    Scope.  The definitions in this 
 section apply to this chapter. 

    Subd. 2.    Consumer.  "Consumer" means an individual. 

    Subd. 3.    Consumer report.  (a) "Consumer report" 
 means a written, oral, or other communication of information by 
 a consumer reporting agency bearing on a consumer's credit 
 worthiness, credit standing, credit capacity, character, general 
 reputation, personal characteristics, or mode of living that is 
 used or expected to be used or collected in whole or in part for:

    (1) the purpose of serving as a factor in establishing the 
 consumer's eligibility for credit or insurance to be used 
 primarily for personal, family, or household purposes; 

    (2) employment purposes; or 

    (3) other purposes authorized under United States Code, 
 title 15, section 1681b. 

    (b) Consumer report does not include: 

    (1) a report containing information solely as to 
 transactions or experiences between the consumer and the person 
 making the report; 

    (2) an authorization or approval of a specific extension of 
 credit directly or indirectly by the issuer of a credit card or 
 similar device; or 

    (3) a report in which a person who has been requested by a 
 third party to make a specific extension of credit directly or 
 indirectly to a consumer conveys a decision with respect to the 
 request, if the third party advises the consumer of the name and 
 address of the person to whom the request was made and the 
 person makes the disclosures to the consumer required under 
 United States Code, title 15, section 1681m. 

    Subd. 4.    Consumer reporting agency.  "Consumer 
 reporting agency" means a person that, for monetary fees, dues, 
 or on a cooperative nonprofit basis, regularly engages in whole 
 or in part in the practice of assembling or evaluating consumer 
 credit information or other information on consumers for the 
 purpose of furnishing consumer reports to third parties. 

    Subd. 5.    Employment purposes.  "Employment purposes" 
 means evaluating a consumer for hiring, compensation, promotion, 
 reassignment, retention, or with respect to other terms and 
 conditions of employment. 

    Subd. 6.    Investigative consumer report.  
 "Investigative consumer report" means a consumer report in which 
 information on a consumer's character, general reputation, 
 personal characteristics, or mode of living is obtained through 
 personal interviews with neighbors, friends, or associates of 
 the consumer or with others with whom the consumer is acquainted 
 or who may have knowledge concerning the information.  
 "Investigative consumer report" does not include specific 
 factual information on a consumer's credit record obtained 
 directly from a creditor of the consumer or from a consumer 
 reporting agency when the information was obtained directly from 
 a creditor of the consumer or from the consumer. 

    HIST: 1993 c 292 s 1 

     13C.01 Access to consumer reports prepared by consumer 
  reporting agencies. 

    Subdivision 1.    Fee for report.  (a) A consumer who is 
 the subject of a consumer report maintained by a consumer 
 reporting agency is entitled to request and receive by mail, for 
 a charge not to exceed $3, a copy of the consumer report once in 
 any 12-month period.  The mailing must contain a statement of 
 the consumer's right to dispute and correct any errors and of 
 the procedures set forth in the federal Fair Credit Reporting 
 Act, United States Code, title 15, sections 1681 et seq., for 
 that purpose.  The consumer reporting agency shall respond to a 
 request under this subdivision within 30 days. 

    (b) A consumer who exercises the right to dispute and 
 correct errors is entitled, after doing so, to request and 
 receive by mail, without charge, a copy of the consumer report 
 in order to confirm that the consumer report was corrected. 

    (c) A consumer is entitled to a free copy of a consumer 
 report if the consumer satisfies the procedures set forth in the 
 federal Fair Credit Reporting Act, United States Code, title 15, 
 sections 1681 et seq. 

    Subd. 2. Repealed, 1993 c 292 s 6 

    HIST: 1992 c 569 s 5; 1993 c 292 s 2; 1999 c 244 s 1 

     13C.02 Disclosure of use of consumer reports for 
  employment purposes. 

    Subdivision 1.    Disclosure required.  A person may not 
 obtain or cause to be prepared a consumer report on a consumer 
 for employment purposes unless the person clearly and accurately 
 discloses to the consumer that a consumer report may be obtained 
 or caused to be prepared.  The disclosure must inform the 
 consumer of the right to request additional information on the 
 nature of the report under subdivision 3.  In the case of an 
 investigative consumer report, the disclosure under this 
 subdivision must inform the consumer that the report may include 
 information obtained through personal interviews regarding the 
 consumer's character, general reputation, personal 
 characteristics, or mode of living. 

    Subd. 2.    Form; copy.  The disclosure required under 
 subdivision 1 must be in writing and must be provided to the 
 consumer before the consumer report is obtained or caused to be 
 prepared.  If a written application is provided for employment 
 purposes by an employer or prospective employer, the disclosure 
 must be included in or accompany the application.  The 
 disclosure must include a box that the person may check off and 
 return to receive a copy of the consumer report.  If the 
 consumer requests a copy of the report, the person requesting 
 the report shall request the person preparing the report to 
 provide a copy to the consumer.  The report must be sent to the 
 consumer by the person preparing the report within 24 hours of 
 providing it to the person requesting the report.  The report to 
 the consumer must include a statement of the consumer's right to 
 dispute and correct any errors and of the procedures under 
 United States Code, title 15, sections 1681 to 1681t.  A 
 consumer may not be charged for a report provided under this 
 section.  If no report exists, the consumer reporting agency has 
 no obligation to the consumer under this section.  

    Subd. 3.    Further disclosure if requested.  A consumer 
 reporting agency shall, upon written request from the consumer, 
 make a complete and accurate disclosure of the nature and scope 
 of the report.  The disclosure under this subdivision must be in 
 writing and must be mailed or delivered to the consumer within 
 five days after the request for the disclosure was received or 
 the consumer report was requested, whichever date is later. 

    Subd. 4.    Exception.  This section does not apply to: 

    (1) a consumer report to be used for employment purposes 
 for which the consumer has not specifically applied; or 

    (2) a consumer report used for an investigation of a 
 current violation of a criminal or civil statute by a current 
 employee or an investigation of employee conduct for which the 
 employer may be liable, until the investigation is completed. 

    HIST: 1993 c 292 s 3 

     13C.03 Notice of adverse action. 

    If employment is denied or other adverse action for 
 employment purposes is taken against a consumer wholly or partly 
 because of information contained in a consumer report, the user 
 of the report shall so advise the consumer and notify the 
 consumer of the consumer's right to receive a copy of the report 
 if a copy was not received pursuant to section 13C.02, 
 subdivision 2.  The user of the report shall also give the 
 consumer the name and address of the consumer reporting agency 
 making the report and a notice of the consumer's right to 
 dispute and correct any errors and of the procedures under 
 United States Code, title 15, sections 1681 to 1681t.  Upon 
 written request from the consumer, the consumer reporting agency 
 shall provide a copy of the report to the consumer within five 
 days of receipt of the request.  A consumer may not be charged 
 for a report provided under this section. 

    HIST: 1993 c 292 s 4 

     13C.04 Enforcement; remedies. 

    This chapter may be enforced by the attorney general or the 
 county attorney pursuant to section 8.31 or 325F.70 and the 
 public and private remedies available under those sections apply 
 to this chapter. 

    HIST: 1993 c 292 s 5