N.D. Cent. Code § 51-33-06

Current through 2024 Legislative Session

Section 51-33-06 - Nonapplicability

Sections 51-33-01 through 51-33-05 do not apply to the use of a consumer report by any of the following:

1. A person or entity, or a subsidiary, affiliate, or agent of that person or entity, or an assignee of a financial obligation owing by the consumer to that person or entity, or a prospective assignee of a financial obligation owing by the consumer to that person or entity in conjunction with the proposed purchase of the financial obligation, with which the consumer has or had prior to assignment an account or contract, including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or negotiable instrument. For purposes of this subsection, "reviewing the account" includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements;

2. A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under section 51-33-04 for purposes of facilitating the extension of credit or other permissible use;

3. Any federal, state, or local governmental entity, including a law enforcement agency, court, or its agents or assigns;

4. A private collection agency acting under a court order, warrant, or subpoena;

5. Any person or entity for the purposes of prescreening as provided for by the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq.];

6. Any person or entity administering a credit file monitoring subscription service to which the consumer has subscribed;

7. Any person or entity for the purpose of providing a consumer with a copy of the consumer's consumer report upon the consumer's request;

8. Any person or entity for use in setting or adjusting a rate, adjusting a claim, or underwriting for insurance purposes. This exemption does not determine or affect whether these uses are permitted under other law; and

9. A consumer reporting agency for its database or file that consists entirely of information concerning, and used solely for, one or more of the following:

a. Criminal record information;

b. Tenant screening;

c. Employment screening; and

d. Fraud prevention or detection.

N.D.C.C. § 51-33-06