P.L. 90–321, Approved May 29, 1968 (82 Stat. 146)

Consumer Credit Protection Act

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Sec. 303. [15 U.S.C. 1673] 

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(b)(1)  The restrictions of subsection (a) do not apply in the case of

(A)  any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review.

(B)  any order of any court of the United States having jurisdiction over cases under chapter 13 of title 11 of the United States Code.

(C)  any debt due for any State or Federal tax.

(2)  The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed—

(A)  where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual’s disposable earnings for that week; and

(B)  where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual’s disposable earnings for that week;

except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.

(c)  No court of the United States or any State, and no State (or officer or agency thereof), may make, execute, or enforce any order or process in violation of this section.

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Sec. 601. [15 U.S.C. 1601 note]  This title may be cited as the “Fair Credit Reporting Act”.

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Sec. 603. [15 U.S.C. 1681a] 

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(f)  The term “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 or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

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Sec. 604. [15 U.S.C. 1681b] (a)  In general.—Subject to subsection (c) of this section, any consumer reporting agency may furnish a consumer report under the following circumstances and no other:

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(4)  In response to a request by the head of a State or local child support enforcement agency (or a State or local government official authorized by the head of such an agency), if the person making the request certifies to the consumer reporting agency that—

(A)  the consumer report is needed for the purpose of establishing an individual’s capacity to make child support payments or determining the appropriate level of such payments;

(B)  the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises (if required by those laws);

(C)  the person has provided at least 10 days’ prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested; and

(D)  the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph (A), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.

(5)  To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.

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Sec. 913. [15 U.S.C. 1693k]  No person may—

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(2)  require a consumer to establish an account for receipt of electronic fund transfers with a particular financial institution as a condition of employment or receipt of a government benefit.

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[Internal References.—SSAct §§465(a) and 466(b) cite the Consumer Credit Protection Act. SSAct §466(a) cites the Fair Credit Reporting Act (Title VI of P.L. 90-321). SSAct §§205 and 1631 headings have footnotes referring to P.L. 90-321.]