REGULATION OF TRADE AND CERTAIN ENTERPRISES
Consumer election to exclude name from consumer reporting agency list; notification system
Section 51A. (a) A consumer may elect to have his name and address excluded from any list provided by a consumer reporting agency pursuant to clause (2) of paragraph (b) of section fifty-one by notifying the consumer reporting agency, by telephone or in writing, through the notification system maintained by the consumer reporting agency pursuant to paragraph (c), that the consumer does not consent to any use of consumer reports relating to the consumer in connection with any transaction that is not initiated by the consumer.
(b) An election by a consumer under this section shall be effective with respect to a consumer reporting agency, and any affiliate of the consumer reporting agency, on the date on which the consumer notifies the consumer reporting agency.
(c) Each consumer reporting agency that provides prescreening lists under clause (2) of paragraph (b) of section fifty-one in connection with a credit transaction not initiated by the consumer shall establish and maintain a notification system, including a toll-free telephone number, which permits any consumer, with appropriate identification and for whom the consumer reporting agency has a file, to notify the consumer reporting agency of the consumer’s election to have the consumer’s name removed from any list of names and addresses provided by the consumer reporting agency. Each consumer reporting agency which compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system jointly with its affiliated consumer reporting agencies.
(d) Any person who uses a consumer report in connection with any credit transaction not initiated by the consumer and which consists of a firm offer of credit shall provide with any solicitation made to the consumer a clear and conspicuous statement that the consumer has a right to prohibit the use of information contained in the consumer’s file with any consumer reporting agency in connection with any credit transaction that is not initiated by the consumer. Said statement shall inform the consumer that he may exercise this right by notifying the consumer reporting agency by employing the notification system or joint notification system established under paragraph (c). A consumer may cancel or review his decision to have his name removed from prescreening lists provided under clause (2) of paragraph (b) of section fifty-one by notifying the consumer reporting agency through the notification system established under said paragraph (c). Nothing in this paragraph shall preclude a person who uses a consumer report in connection with credit transactions not initiated by the consumer from establishing a notification system, pursuant to paragraph (c) and provide such toll-free telephone number on any solicitation pursuant to this paragraph, which allows the person to notify each applicable consumer reporting agency on the consumer’s behalf after receiving notice from the consumer of his election to have his name removed from such prescreening list or of the consumer’s decision to review or cancel such a removal.