I 

111TH CONGRESS 

1ST SESSION H. R. 2374 

To amend the Fair Credit Reporting Act to make credit scores available 

to consumers once each year free of charge and to allow consumers 

to see the credit score used in connection with any particular lending 

or credit decision, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2009 

Mr. RODRIGUEZ introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL 

To amend the Fair Credit Reporting Act to make credit 

scores available to consumers once each year free of 

charge and to allow consumers to see the credit score 

used in connection with any particular lending or credit 

decision, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Credit Score Fairness 

5 Act of 2009’’. 


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1 SEC. 2. CREDIT SCORES. 

2 (a) FREE ANNUAL DISCLOSURE.—Section 609(f) of 

3 the Fair Credit Reporting Act (U.S.C. 1681g) is amended 

4 by striking paragraph (8) and inserting the following new 

5 paragraph: 

6 ‘‘(8) COST OF DISCLOSURE.— 

7 ‘‘(A) FREE ANNUAL DISCLOSURE.—Each 

8 consumer reporting agency shall make all the 

9 information required under this subsection with 

10 respect to any consumer available to the con11 sumer, upon request, once during any 12-month 

12 period without charge. 

13 ‘‘(B) FAIR AND REASONABLE FEE.—After 

14 providing 1 free credit score under subpara15 graph (A) to any consumer during any 12- 

16 month period, a consumer reporting agency 

17 may charge such consumer a fair and reason18 able fee, as determined by the Commission, for 

19 providing the information required under this 

20 subsection to the consumer during such pe21 riod.’’. 

22 (b) DISCLOSURE OF CREDIT SCORE USED IN MAK23 ING ANY CONSUMER CREDIT DECISION.—Section 609 of 

24 the Fair Credit Reporting Act (U.S.C. 1681g) is amended 

25 by adding at the end the following new subsection: 


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1 ‘‘(h) DISCLOSURE OF CONSUMER CREDIT SCORES BY

2 CERTAIN OTHER CREDITORS.— 

3 ‘‘(1) IN GENERAL.—Each creditor which ex4 tends credit to consumers, other than a creditor to 

5 which subsection (g) applies with respect to credit 

6 described in paragraph (1) of such subsection, shall 

7 provide the following to any consumer as soon as 

8 reasonably practicable: 

9 ‘‘(A) INFORMATION REQUIRED UNDER

10 SUBSECTION (f).—A copy of any information 

11 identified in subsection (f) that was obtained 

12 from a consumer reporting agency or was devel13 oped and used by the user of the information 

14 in making any determination with respect to ex15 tending credit to the consumer, including any 

16 consumer-specific determination to solicit or 

17 provide an application to such consumer, wheth18 er or not such credit was ever extended or any 

19 open end consumer credit plan was ever opened 

20 under which such credit would be, or would 

21 have been, extended. 

22 ‘‘(B) DISCLOSURES OF CREDIT SCORES

23 NOT OBTAINED FROM A CONSUMER REPORTING

24 AGENCY.—A creditor which is subject to the re25 quirements of this subsection and uses a credit 


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1 score, other than a credit score provided by a 

2 consumer reporting agency, may satisfy the ob3 ligation to provide a credit score by disclosing 

4 a credit score and associated key factors sup5 plied by a consumer reporting agency. 

6 ‘‘(2) ACTIONS NOT REQUIRED UNDER THIS

7 SUBSECTION.—This subsection shall not require any 

8 person to— 

9 ‘‘(A) explain the information provided pur10 suant to subsection (f) of this section; 

11 ‘‘(B) disclose any information other than a 

12 credit score or key factors, as defined in sub13 section (f); 

14 ‘‘(C) disclose any credit score or related in15 formation obtained by the creditor after the 

16 consumer credit transaction has been con17 summated; 

18 ‘‘(D) provide more than 1 disclosure per 

19 credit transaction; or 

20 ‘‘(E) provide the disclosure required by 

21 this subsection when another person has made 

22 the disclosure to the consumer for that loan 

23 transaction. 

24 ‘‘(3) NO OBLIGATION FOR CONTENT.— 


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1 ‘‘(A) IN GENERAL.—The obligation of any 

2 person pursuant to this subsection shall be lim3 ited solely to providing a copy of the informa4 tion that was received from the consumer re5 porting agency. 

6 ‘‘(B) LIMIT ON LIABILITY.—No person 

7 shall be liable under this subsection for the con8 tent of that information or for the omission of 

9 any information within the report provided by 

10 the consumer reporting agency. 

11 ‘‘(4) NO COST TO CONSUMER.—The informa12 tion required to be disclosed under this subsection 

13 shall be provided without charge to the consumer.’’. 

Æ 


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