12 C.F.R. § 1022.38
§ 1022.38 Duty of consumer reporting agencies regarding medical debt information. (12 CFR Part 1022)
Operative Text
(a) Scope. This section applies to any consumer reporting agency as defined in section 603(f) of the FCRA, 15 U.S.C. 1681a(f). (b) Limitation regarding prohibited medical debt information. A consumer reporting agency may include medical debt information, as defined in § 1022.3(j), in a consumer report furnished to a creditor only if the consumer reporting agency: (1) Has reason to believe the creditor intends to use the medical debt information in a manner not prohibited by § 1022.30; and (2) Has reason to believe the creditor is not otherwise legally prohibited from obtaining or using the medical debt information, including by a State law that prohibits a creditor from obtaining or using medical debt information.
Section 1022.38 of 12 CFR Part 1022 governs when consumer reporting agencies (CRAs) are permitted to include medical debt information in consumer reports sent to creditors. Under this rule, a CRA may only furnish such information if it has reason to believe the receiving creditor intends to use it in a permissible way and is not legally barred from obtaining or using it, including under applicable state law. The rule effectively places a gatekeeping obligation on CRAs before medical debt data is shared with any creditor.
Plain English — not legal advice.
Although § 1022.38 is primarily directed at consumer reporting agencies rather than landlords, property owners and managers who pull consumer reports as part of tenant screening should be aware that medical debt information appearing on those reports is subject to strict furnishing conditions. A compliant operator generally understands which categories of information in a consumer report are permissible to consider under federal and applicable state law before making housing decisions. Staying informed about what CRAs are permitted to include under § 1022.38 helps operators avoid inadvertently relying on data that should not have been furnished in the first place.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 1022.38, consumer reporting agencies face specific conditions before they can include medical debt information in a report provided to a creditor, which may include a prospective landlord. Tenants who believe medical debt information was improperly included in a consumer report used against them may have grounds to raise that issue with the relevant consumer reporting agency, file a complaint with the Consumer Financial Protection Bureau, or consult a tenant-rights or consumer-rights organization familiar with FCRA protections. Understanding these furnishing limitations can help tenants identify potential errors or violations in their consumer reports.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.