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Texas Business & Commerce Code - Section 20.02. Permissible Purposes; Prohibition; Use Of Consumer's Social Security Number

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 20.02. Permissible Purposes; Prohibition; Use Of Consumer's Social Security Number

§ 20.02. PERMISSIBLE PURPOSES;  PROHIBITION;  USE OF 
CONSUMER'S SOCIAL SECURITY NUMBER.  (a) A consumer reporting 
agency may furnish a consumer report only:
		(1)  in response to a court order issued by a court with 
proper jurisdiction;
		(2)  in accordance with the written instructions of the 
consumer to whom the report relates;  or
		(3)  to a person the agency has reason to believe:                            
			(A)  intends to use the information in connection 
with a transaction involving the extension of credit to, or review 
or collection of an account of, the consumer to whom the report 
relates;
			(B)  intends to use the information for employment 
purposes as authorized under the Fair Credit Reporting Act (15 
U.S.C. Section 1681 et seq.), as amended, and regulations adopted 
under that Act;
			(C)  intends to use the information in connection 
with the underwriting of insurance involving the consumer as 
authorized under the Fair Credit Reporting Act (15 U.S.C. Section 
1681 et seq.), as amended, and regulations adopted under that Act;
			(D)  intends to use the information in connection 
with a determination of the consumer's eligibility for a license or 
other benefit granted by a governmental entity required by law to 
consider an applicant's financial responsibility or status;
			(E)  has a legitimate business need for the 
information in connection with a business transaction involving the 
consumer;  or
			(F)  intends to use the information for any 
purpose authorized under the Fair Credit Reporting Act (15 U.S.C. 
Section 1681 et seq.), as amended, and regulations adopted under 
that Act.
	(b)  A consumer reporting agency may not prohibit a user of a 
consumer report or investigative consumer report from disclosing 
the contents of the report or providing a copy of the report to the 
consumer to whom it relates at the consumer's request if adverse 
action against the consumer based wholly or partly on the report has 
been taken or is contemplated by the user of the report.  A user of a 
consumer report or a consumer reporting agency may not be found 
liable or otherwise held responsible for a disclosed or copied 
report when acting under this subsection.  The disclosure or copy of 
the report, by itself, does not make a user of the report a consumer 
reporting agency.
	(c)  If a consumer furnishes the consumer's social security 
number to a person for use in obtaining a consumer report, the 
person shall include the consumer's social security number with the 
request for the consumer report and shall include the social 
security number with all future reports of information regarding 
the consumer made by the person to a consumer reporting agency 
unless the person has reason to believe that the social security 
number is inaccurate.

Added by Acts 1997, 75th Leg., ch. 1396, § 33(a), eff. Oct. 1, 
1997.     

Last modified: August 10, 2007