Arizona Consumer Reporting Agencies
And Fair Credit Reporting
Title 44 Trade and Commerce
Chapter 11 Regulations Concerning Particular Businesses
Article 6 Consumer Reporting Agencies and Fair Credit Reporting
In this chapter, unless the context otherwise requires:
1. "Consumer" means an individual.
2. "Consumer reporting agency" means any person which, 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 on consumers for the purpose of furnishing consumer reports to third parties.
3. "Consumer report" means any written, oral, or other communication of any 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 which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for (a) credit or insurance to be used primarily for personal, family, or household purposes, or (b) employment purposes, or (c) other purposes authorized under section 44-1692. The term does not include any report containing information solely as to transactions or experiences between the consumer and the person making the report; or any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or any 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 his decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made.
4. "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.
5. "File" when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.
6. "Person" means an individual, partnership, corporation, association, or any other entity of whatever kind or nature.
A. Except as provided in section 44-1693, a consumer reporting agency may furnish a consumer report only under the following circumstances and no other:
1. In response to the order of a court having jurisdiction to issue such an order.
2. In accordance with the written instructions of the consumer to whom it relates.
3. To a person that it has reason to believe:
(a) Intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer.
(b) Intends to use the information for employment purposes.
(c) Intends to use the information in connection with the underwriting of insurance involving the consumer.
(d) Intends to use the information in connection with a determination of the consumer's eligibility for any license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status.
(e) Otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer.
4. On request by the department of economic security, its agent or another agency administering a title IV-D program under the social security act certifying that:
(a) The obligor mother or the obligor father has been determined to be the parent of a child to whom a support obligation relates.
(b) The consumer report is needed to establish an obligor's capacity to make support payments or to determine the appropriate amount of the payments or for the purpose of setting an original support amount or modifying an existing support order.
(c) The obligor has received at least ten days' advance notice, by certified mail, at the last known address, by personal delivery or by personal service that a consumer report will be requested.
(d) The consumer report shall be kept confidential and shall be used only for the purposes described in subdivision (b) of this paragraph.
(e) The consumer report shall not be used in connection with any other civil, administrative or criminal proceeding or for any other purpose.
B. The report furnished in subsection A of this section may be provided by electronic or other means.
A. Upon furnishing adequate credentials by a consumer as to his identity:
1. A creditor who denies credit to any consumer shall disclose to such consumer the name and address of any consumer reporting agency which has furnished such creditor with a consumer report on such consumer which was considered by the creditor in making the determination.
2. A licensing agency which denies a license to any consumer shall disclose to such consumer the name and address of any consumer reporting agency which has furnished such agency with a consumer report on such consumer which was considered by the licensing agency in making the determination.
3. An employer who denies a consumer employment, a promotion, retention as an employee or reassignment or does reassign the consumer, whichever is not to the advantage of the consumer, shall disclose to such consumer the name and address of any consumer reporting agency which has furnished such employer with a consumer report on such consumer which was considered by the employer in making the determination.
4. A consumer reporting agency shall disclose to any consumer the contents of its file used for the purpose of making a consumer report on that consumer, any and all facts, allegations or sources upon which such information is based and the name and address of each person requesting a report on the consumer within the previous six months. A credit reporting agency may make the disclosures in the following manner:
(a) By a trained employee of the credit reporting agency when the consumer makes the request in person.
(b) By telephone if the credit reporting agency receives a written request for a telephone disclosure from the consumer. Any toll for the telephone disclosure shall be prepaid by the consumer or charged directly to the consumer requesting the telephone disclosure.
(c) By a decoded written copy of the file or a written copy of the consumer report with an explanation of any codes used if the credit reporting agency receives a written request for a written disclosure from the consumer.
B. A consumer reporting agency shall provide trained personnel to disclose the contents of its file to consumers during normal business office hours and assist a consumer in fully understanding all items on his consumer report.
C. The consumer shall be permitted to be accompanied by one other person of his choosing, who shall furnish reasonable identification, at such time as the consumer reviews the files of the consumer reporting agency as provided in this section.
D. No consumer reporting agency nor any creditor, licensing agency or employer shall request or require any waiver of rights by any consumer. No consumer reporting agency nor any creditor or any other person shall charge any fee to a consumer for a disclosure of his file if within a thirty-day period prior to the request for a disclosure the consumer is denied credit, licensure, employment or received a notice of collection or received other adverse action due to the credit report. Except as provided for in this subsection, a consumer reporting agency may charge a reasonable fee for any disclosures of a file to the consumer or his designee.
A. If any consumer disputes the accuracy of any item in the consumer's records with any consumer reporting agency, the consumer may give notice in writing to the consumer reporting agency specifying in what manner the report is inaccurate and the consumer reporting agency shall reinvestigate the inaccuracy at no charge to the consumer and record the current status of the disputed information. The consumer reporting agency shall provide forms for such notice and shall assist a consumer in preparing the notice when requested.
B. Within thirty days after receiving a notice of inaccuracy, a consumer reporting agency shall deny or admit the inaccuracy to the consumer in writing. If the consumer reporting agency denies the inaccuracy, the consumer reporting agency shall include the following information with the written results of the reinvestigation:
1. The basis for the denial.
2. A copy of the consumer's file that is based on the consumer's file as revised as a result of the reinvestigation, including the business name and address of any furnisher of information who was contacted in connection with that information and, if reasonably available, the telephone number of the furnisher.
3. A notice that states that, if requested by the consumer, the consumer reporting agency shall provide the consumer with a description of the procedure used by the consumer reporting agency to determine the accuracy and completeness of the information.
C. If the consumer reporting agency admits that the item is inaccurate, it shall immediately correct the item in its records and, on request by the consumer, it shall inform any person who within the last six months has previously received a report containing such inaccurate information.
D. A consumer may provide a statement to the consumer reporting agency and, unless there are reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall include the statement in the consumer's file if either of the following applies:
1. The statement is a written explanation regarding an item of information that the consumer reporting agency denies is inaccurate.
2. The statement is regarding the contents of the consumer's file. The consumer may provide such a statement at any time, and the consumer reporting agency shall not charge the consumer for the statement.
E. A consumer reporting agency may limit a consumer's statement as described in subsection D to not more than one hundred words if the consumer reporting agency provides the consumer with assistance in writing the statement.
A. A consumer reporting agency or information source is not liable to any consumer resulting from reporting inaccurate information corrected in compliance with section 44-1694 except as provided in this section.
B. A consumer reporting agency is liable for any damages and attorney fees and court costs that are incurred by a consumer and that result from reporting of inaccurate information that a consumer reporting agency refuses to correct as provided in section 44-1694.
C. Any consumer reporting agency, user of information or source of information that is grossly negligent in the use or preparation of a consumer report or who acts willfully and maliciously with intent to harm a consumer is liable to the consumer for actual damages, if any, punitive damages and attorney fees and court costs. If a consumer reporting agency prepares a consumer report, the consumer reporting agency shall follow reasonable procedures to assure the maximum possible accuracy of the information relating to the consumer who is the subject of the consumer report.
A. Any person who requests or obtains a consumer report from a consumer reporting agency under false pretenses or furnishes a consumer report to any person except as prescribed by this article or any employee of a consumer reporting agency who knowingly falsifies a consumer report or any records relating thereto shall be guilty of a class 1 misdemeanor.
B. Any person or the agent, clerk or employee thereof, who knowingly makes, causes to be made, or permits to be made, any false statement to any consumer reporting agency for the purpose of having such false information reported on a consumer report, shall be guilty of a class 1 misdemeanor.
C. Any consumer reporting agency, or the agent, clerk or employee thereof, who knowingly violates any provision of this article, shall be guilty of a class 1 misdemeanor.
A. If a consumer makes a payment on a credit or loan account to the proper address to which the payment should be directed, a person shall calculate the number of days by which an account is delinquent by determining the number of days between the scheduled due date of the payment and the date the payment was received by that person.
B. If a person uses a reporting standard that requires a calculation of the number of days an account is delinquent, the person may report the delinquency based only on the number of days of the delinquency plus not more than four days.
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