4 1 (h) The term "credit card issuer" means any person 2 which offers to the public any card, plate, coupon book, or 3 other device which may be utilized in lieu of cash, check, or 4 similar method of payment for the purpose of obtaining 5 money, property, labor, or services. 6 (i) The term "consumer reporting agency" means any 7 person which, for monetary fees, dues, or on a cooperative 8 nonprofit basis regularly engages in whole or in part in the 9 practice of assembling or evaluating consumer credit infor10 mation on consumers for the purpose of furnishing consumer 11 reports to third persons, and which uses any means or facility 12 of interstate commerce for the purpose of preparing or fur13 nishing consumer reports as defined in the Fair Credit Re14 porting Act (Public Law 91-508, October 26, 1970, 84 15 Stat. 1136.). 16 17 (j) The term "credit records” means any record held by a credit card issuer which contains information pertaining' to 18 a customer's relationship with the credit card issuer or infor 19 mation relating to a customer contained in a consumer report 20 assembled by a consumer reporting agency. 22 SEC. 2. (a) No officer, employee, or agent of the United 23 States, or any agency or department thereof, may obtain • 24 copies of, access to, or information contained in the financial 25 records, toll records, or credit records of any other customer 5 1 in the posssession of a financial institution, communication 2 common carrier, credit card issuer, or consumer reporting 3 agency unless the records are described with sufficient partic 4 ularity to identify the information sought and (1) such customer has authorized such disclosure (2) such financial, toll, or credit records are disclosed in response to an administrative subpoena or summons which meets the requirements of section 5; 5 7 8 9 10 11 12 13 14 15 16 17 18 19 (3) such financial, toll, or credit records are disclosed in response to a search warrant which meets the requirements of section 6; or (4) such financial, toll, or credit records are disclosed in response to a judicial subpoena which meets the requirements of section 7. (5) such financial, toll, or credit records are disclosed in accordance with the requirements of section 604 (3) A or C of the Fair Credit Reporting Act (Public Law 91-508, October 26, 1970, 84 Stat. 1136). (b) Any customer whose records are subpoenaed pur21 suant to this Act shall have standing to move to quash or to 22 seek other relief. 20 RESTRICTIONS ON THE RELEASE OF RECORDS 23 24 SEC. 3. (a) No financial institution, communication 25 common carrier, credit card issuer, or consumer reporting 6 1 agency, or any officer, employee, or agent thereof, may pro 2 vide to any officer, employee, or agent of the United States, 3 or any agency or department thereof, copies of, access to, 4 or the information contained in, the records of any customer 5 except in accordance with the requirements of sections 4, 5, 6 6, or 7 of this title or section 604(3) (A) or (C) of 7 the Fair Credit Reporting Act (Public Law 91-508, title 8 VI, October 26, 1970, 84 Stat. 1136). 9 (b) This section shall not preclude a financial institu10 tion, communication common carrier, credit card issuer, or 11 consumer reporting agency or any officer, employee, or agent 12 thereof from notifying appropriate officials of suspected 13 violations of the law: Provided, however, That any access 14 to customer records shall be governed by sections 2 and 3 (a) 15 of this title. 16 CUSTOMER AUTHORIZATION 17 SEC. 4. (a) A customer may authorize disclosure under 18 section (2) (a) (1) if he or those seeking disclosure furnish 19 to the financial institution, communication common carrier, 20 credit card issuer, or consumer reporting agency a signed 21 and dated statement by which the customer 22 (1) authorizes in writing such disclosure in accord 23 ance with this section, which authorization shall not 24 exceed a period of one year: 1 2 3 4 5 6 7 8 9 10 11 12 7 (2) describes with reasonable certainty the financial, toll or credit records which are authorized to be disclosed; (3) specifies the agencies or authorities to which such records may be disclosed; (4) states that he understands that he has the right at any time to revoke the authorization; and (5) states that he understands that he has the right at any time to obtain from the financial institution, communication common carrier, credit card issuer, or consumer reporting agency a copy of the record of examinations. 13 (b) No such authorization shall be required as a con14 dition of doing business with such financial institution, com15 munication common carrier, credit card issuer, or consumer 16 reporting agency. 17 (c) The financial institution, communication common 18 carrier, credit card issuer, and consumer reporting agency 19 shall keep a record of all examinations of the customer's 20 records made pursuant to this section, including the identity 21 of the person examining toll or credit records, the govern 22 mental agency or department which he represents, and a 1 8 ADMINISTRATIVE SUBPOENAS AND SUMMONSES SEC. 5. An officer, employee, or agent of the United 3 States, or any department or agency thereof, in accordance 4 with section 2 (a) (2) and as authorized by law, may obtain 5 from a financial institution, communication common carrier, 6 credit card issuer, or consumer reporting agency copies of, 7 access to, or information contained in the financial, toll, or 8 credit records of any customer pursuant to an administrative 9 subpoena or summons issued by the agency or department 10 if 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) such subpoena or summons is sought in order to obtain information relevant to a legitimate law enforcement purpose; and (2) a copy of the subpoena or suminons has been personally received by the customer or mailed to his last known address by registered or certified mail on the date on which the subpoena was served on the financial institution, communication common carrier, credit card issuer, or consumer reporting agency together with the following notice: "Records or information concerning your transactions held by the organization named in the attached summons are being sought by this (agency or department) for the following purpose: If you desire that such records or information not be made |