I 

118TH CONGRESS 

2D SESSION H. R. 8922 

To require the Director of the Bureau of Consumer Financial Protection 

to issue a final rule requiring any card issuer that issues a pre-approved 

credit card to a senior citizen to provide fraud alerts to certain individuals, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 2, 2024 

Mr. HIGGINS of Louisiana introduced the following bill; which was referred 

to the Committee on Financial Services 

A BILL 

To require the Director of the Bureau of Consumer Financial 

Protection to issue a final rule requiring any card issuer 

that issues a pre-approved credit card to a senior citizen 

to provide fraud alerts to certain individuals, 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 ‘‘Janie Wynn Protecting 

5 Elders from Financial Exploitation Act’’. 


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1 SEC. 2. PREVENTION OF SENIOR CITIZEN FINANCIAL EX2 PLOITATION. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of the enactment of this Act, the Director of the Bu5 reau of Consumer Financial Protection, in consultation 

6 with the Secretary of the Treasury and the Director of 

7 the Financial Crimes Enforcement Network, shall issue a 

8 final rule requiring— 

9 (1) any card issuer that issues a pre-approved 

10 credit card to a senior citizen to provide fraud alerts 

11 for such credit card upon activation to— 

12 (A) the cardholder; and 

13 (B) except as provided in subsection (b), 

14 an individual selected by the cardholder who is 

15 at least 25 years old and— 

16 (i) is a relative or spouse of the card17 holder; or 

18 (ii) has provided a description to the 

19 card issuer of the nature of their relation20 ship with the cardholder; and 

21 (2) each depository institution and credit union 

22 to provide training to employees who perform fraud 

23 detection services on how to identify account activity 

24 that is indicative of financial exploitation of a senior 

25 citizen and notify any senior citizen that possesses 

26 an account with the depository institution or credit 


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1 union within 24 hours of any such account activity 

2 occurring in such account, including— 

3 (A) the irregular use of— 

4 (i) an automated teller machine; 

5 (ii) a credit card; 

6 (iii) an online banking service; or 

7 (iv) a wire transfer; 

8 (B) an irregular cash withdrawal; 

9 (C) an irregular credit card charge; 

10 (D) the absence of a regularly occurring 

11 deposit; 

12 (E) account activity in a previously inac13 tive account; 

14 (F) the addition of an authorized user to 

15 an account; 

16 (G) a change of address associated with an 

17 account; 

18 (H) an inability to cover a charged pay19 ment due to insufficient funds in an account; 

20 (I) a request for a credit limit increase; 

21 (J) a charged payment for the purchase of 

22 gift cards or prepaid debit cards worth over 

23 $100 in total; 

24 (K) an electronic payment from an account 

25 through the Automated Clearing House netVerDate Sep 11 2014 01:29 Aug 10, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8922.IH H8922

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1 work to a recipient with no history of prior pay2 ment from such account; and 

3 (L) a gap in the check number of checks 

4 cashed from an account. 

5 (b) EXCEPTION.—The Director of the Bureau of 

6 Consumer Financial Protection shall include in the rule 

7 required under subsection (a) a waiver of the requirements 

8 of paragraph (1)(B) of such subsection if— 

9 (1) the cardholder signs a waiver acknowledging 

10 an increased risk of financial exploitation; and 

11 (2) the card issuer retains a copy of such waiv12 er until at least 5 years after the date that the pre13 approved credit card is deactivated. 

14 (c) DEFINITIONS.—In this Act: 

15 (1) CARDHOLDER; CARD ISSUER.—The terms 

16 ‘‘cardholder’’ and ‘‘card issuer’’ have the meanings 

17 given such terms, respectively, in section 103 of the 

18 Truth in Lending Act (15 U.S.C. 1602). 

19 (2) CREDIT UNION.—The term ‘‘credit union’’ 

20 means a Federal credit union, a State credit union, 

21 or a State-chartered credit union (as such terms are 

22 defined, respectively, in section 101 of the Federal 

23 Credit Union Act (12 U.S.C. 1752)). 

24 (3) DEPOSITORY INSTITUTION.—The term ‘‘de25 pository institution’’ has the meaning given such 


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1 term in section 3 of the Federal Deposit Insurance 

2 Act (12 U.S.C. 1813). 

3 (4) EXPLOITATION; SENIOR CITIZEN.—The 

4 terms ‘‘exploitation’’ and ‘‘senior citizen’’ have the 

5 meanings given such terms, respectively, in section 

6 303 of the Economic Growth, Regulatory Relief, and 

7 Consumer Protection Act (12 U.S.C. 3423). 

8 (5) FRAUD ALERT.—The term ‘‘fraud alert’’ 

9 means a notice provided by a card issuer to an indi10 vidual of suspected fraudulent activity connected to 

11 a credit card associated with such individual and 

12 managed by such card issuer that— 

13 (A) is communicated by means of a phone 

14 call, email, or text message; 

15 (B) describes the suspected fraudulent ac16 tivity in sufficient detail to alert the individual 

17 of such activity, including account activity that 

18 is indicative of financial exploitation of a senior 

19 citizen; and 

20 (C) includes information on how to com21 municate with the card issuer regarding the 

22 suspected fraudulent activity at any time of the 

23 day and on any day of the week. 

24 (6) PRE-APPROVED CREDIT CARD.—The term 

25 ‘‘pre-approved credit card’’ means a credit card 


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1 issued as a result of the acceptance of an offer ex2 tended to an individual to apply for such credit card 

3 based on a determination by the card issuer that 

4 such individual likely satisfied the qualifications for 

5 obtaining such credit card, including an offer ex6 tended to an individual to apply for such credit card 

7 that grants elevated or priority consideration for ap8 proval to the individual. 

Æ 


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