N.H. Rev. Stat. § 359-B:4

Current through the 2024 Legislative Session

Section 359-B:4 - Permissible Purposes of Reports

I. A consumer reporting agency may furnish a consumer report under the following circumstances and no other:

(a) In response to the order of a court having jurisdiction to issue such an order.

(b) In accordance with the written instructions of the consumer to whom it relates.

(c) To a person which it has reason to believe-

(1) 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; or

(2) intends to use the information for employment purposes; or

(3) intends to use the information in connection with the underwriting of insurance involving the consumer; or

(4) 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 instrumentality required by law to consider an applicant's financial responsibility or status; or

(5) otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer.

II.

(a) A consumer reporting agency may furnish information for the purposes of a transaction under subparagraph I(c)(1) and (5) of this section when the transaction is not initiated by the consumer, only if:

(1) The consumer authorized the consumer reporting agency to furnish the information; or

(2) The transaction involves a firm offer of credit to the consumer or is a pre-screening or direct solicitation transaction; and

(A) The consumer reporting agency has complied with RSA 359-B:4-a; and

(B) The consumer has not elected in accordance with RSA 359-B:4-a to have information about himself excluded from such transactions.

(b) Notwithstanding subparagraph (a), a consumer reporting agency may, in the case of a credit transaction initiated by the consumer, use such information in reviewing or collecting an account of the consumer or in other circumstances under which a consumer report may be provided under subparagraph I(c)(5), provided there is an ongoing relationship between the user of the consumer report and the consumer.

(c) An election of a consumer under RSA 359-B:4-a shall terminate and be of no force or effect following notice from the consumer to the consumer reporting agency, through the system established pursuant to RSA 359-B:4-a, that the election is no longer effective.

III. Notwithstanding the provisions of paragraphs I and II, a consumer reporting agency may furnish an investigative consumer report to the consumer as provided in RSA 359-B:9, III.

RSA 359-B:4

1971, 430:1. 1973, 583:2. 1994, 271:2, eff. Jan. 1, 1995.