usc 15 § 1681w
Disposal of records (COMMERCE AND TRADE (15 U.S.C.))
Operative Text
The Federal Trade Commission, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal banking agencies, and the National Credit Union Administration, with respect to the entities that are subject to their respective enforcement authority under , and in coordination as described in paragraph (2), shall issue final regulations requiring any person that maintains or otherwise possesses consumer information, or any compilation of consumer information, derived from consumer reports for a business purpose to properly dispose of any such information or compilation. Each agency required to prescribe regulations under paragraph (1) shall— consult and coordinate with each other such agency so that, to the extent possible, the regulations prescribed by each such agency are consistent and comparable with the regulations by each such other agency; and ensure that such regulations are consistent with the requirements and regulations issued pursuant to and other provisions of Federal law. In issuing regulations under this section, the agencies identified in paragraph (1) may exempt any person or class of persons from application of those regulations, as such agency deems appropriate to carry out the purpose of this section. Nothing in this section shall be construed— to require a person to maintain or destroy any record pertaining to a consumer that is not imposed under other law; or to alter or affect any requirement imposed under any other provision of law to maintain or destroy such a record.
Section 15 U.S.C. § 1681w directs several federal regulatory agencies—including the FTC, SEC, CFTC, federal banking agencies, and the NCUA—to issue coordinated regulations requiring businesses that hold consumer information derived from consumer reports to dispose of that information properly. The agencies must work together to keep their respective rules consistent with one another and with other applicable federal law. The provision also preserves existing record-keeping obligations under other laws, meaning it neither creates new duties to retain records nor overrides duties to destroy them that exist elsewhere.
Plain English — not legal advice.
Under 15 U.S.C. § 1681w, property owners and managers who obtain consumer reports—such as credit or background checks on applicants—and retain any information derived from those reports are subject to federal disposal regulations issued by the relevant oversight agency. Compliant operators generally establish written policies for securely disposing of such consumer-derived information, whether in paper or electronic form, once it is no longer needed for a business purpose. Because the provision coordinates with other federal requirements, operators typically review their disposal practices against any additional record-keeping obligations that may apply to their business under separate law.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 15 U.S.C. § 1681w establishes a federal framework requiring businesses that handle consumer report information—including landlords who screen applicants—to dispose of that data properly, which is a protection for the privacy of people whose information appears in those reports. If a tenant or applicant believes a business has mishandled or improperly discarded their consumer report data, they may consider contacting the Federal Trade Commission or the relevant federal agency with enforcement authority under this section to report a potential violation. Tenant-rights organizations and consumer advocacy groups can also help individuals understand how this provision interacts with other privacy protections that may apply to their situation.
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 13, 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.