IB 

Union Calendar No. 247 

116TH CONGRESS 

1ST SESSION H. R. 3618 

[Report No. 116–306] 

To establish requirements relating to credit scores and educational credit 

scores, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 5, 2019 

Mrs. BEATTY introduced the following bill; which was referred to the 

Committee on Financial Services 

NOVEMBER 21, 2019 

Additional sponsor: Mr. CLEAVER

NOVEMBER 21, 2019 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 5, 2019] 


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A BILL 

To establish requirements relating to credit scores and 

educational credit scores, and for other purposes. 


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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 ‘‘Free Credit Scores for 

5 Consumers Act of 2019’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) While nationwide consumer reporting agen9 cies (‘‘CRAs’’) are required by law to supply con10 sumers with a free copy of their credit report annu11 ally, they can charge consumers to obtain a credit 

12 score disclosure. 

13 (2) A July 2011 report by the Consumer Finan14 cial Protection Bureau (‘‘Consumer Bureau’’) titled 

15 ‘‘The Impact of Differences between Consumer- and 

16 Creditor-Purchased Credit Scores’’ found that the 

17 credit scores made available to and purchased by con18 sumers from CRAs are unlikely to be the same credit 

19 scores used by creditors and lenders to evaluate con20 sumers’ creditworthiness. 

21 (3) That report found that the scarcity of public 

22 educational tools to inform consumers of the dif23 ferences among credit scores, the large combined mar24 ket share and brand recognition of FICO credit 

25 scores, and the marketing practices of some credit 


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1 score sellers may perpetuate consumers’ confusion 

2 about credit scores. As a result, some consumers may 

3 be purchasing an educational credit score or sub4 scribing to a credit monitoring service sold by a CRA, 

5 without realizing the limitations and usefulness of 

6 these products and services. 

7 (4) Similarly, a September 2012 Consumer Bu8 reau report titled ‘‘Analysis of Differences between 

9 Consumer- and Creditor-Purchased Credit Scores’’ 

10 found that consumers do not know before they pur11 chase a credit score from a CRA whether this credit 

12 score will closely track or vary significantly from the 

13 credit score sold to creditors or lenders. Given the lack 

14 of transparency about the usefulness of credit scores 

15 that are marketed for purchase by consumers from 

16 CRAs and the resulting consumer confusion, the Con17 sumer Bureau recommended that companies selling 

18 scores to consumers clearly inform consumers that the 

19 scores marketed to consumers for purchase by CRAs 

20 can vary, sometimes substantially, from the scores 

21 that are actually sold to and used by creditors and 

22 lenders. 

23 (5) A February 2011 study by Consumer Federa24 tion of America and VantageScore also found that 

25 half of the consumers surveyed did not know that a 


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1 credit score is designed to indicate the risk of not re2 paying a credit obligation. Consumers also did not 

3 know who makes credit scores available, what numer4 ical range constitutes excellent credit standing, or the 

5 financial implications of having a low credit score. 

6 (6) Many consumers do not realize that they 

7 have more than just ‘‘one’’ credit score. Because the 

8 submission of credit information to CRAs is vol9 untary and not all furnishers submit information to 

10 every CRA, the information contained in a report 

11 also varies among CRAs. As a result, the credit score 

12 generated by each CRA is also likely to vary, result13 ing in potentially different credit decisions based on 

14 an evaluation of different credit reports obtained from 

15 different CRAs. 

16 (7) A February 2015 Consumer Bureau report 

17 titled ‘‘Consumer Voices on Credit Reports and 

18 Scores’’ found that consumers had questions about 

19 what actions to take to improve their scores once they 

20 had seen them, suggesting that additional disclosures 

21 and educational content would be helpful to con22 sumers. The Consumer Bureau found that consumers 

23 were confused by conflicting advice on how to improve 

24 their scores. 


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1 (8) That report also noted that consumers found 

2 the process for obtaining consumer reports and credit 

3 scores confusing. Consumers also were uncertain 

4 about whether, and under what circumstances, they 

5 could obtain a consumer report for free. 

6 SEC. 3. DEFINITIONS. 

7 (a) IN GENERAL.—Section 603 of the Fair Credit Re8 porting Act (15 U.S.C. 1681a) is amended by adding at 

9 the end the following new subsection: 

10 ‘‘(bb) CREDIT SCORE AND EDUCATIONAL CREDIT

11 SCORE DEFINITIONS.— 

12 ‘‘(1) CREDIT SCORE.—The term ‘credit score’ 

13 means a numerical value or a categorization derived 

14 from a statistical tool or modeling system used by a 

15 person who makes or arranges a loan or extends cred16 it to predict the likelihood of certain credit behaviors, 

17 including default, as determined by the Bureau. 

18 ‘‘(2) EDUCATIONAL CREDIT SCORE.—The term 

19 ‘educational credit score’ means a numerical value or 

20 categorization derived from a statistical tool or mod21 eling system based upon information from a consumer 

22 report that assists consumers in understanding how a 

23 lender or creditor may view the consumer’s credit24 worthiness in deciding whether to make a loan or ex25 tend credit to that consumer. 


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1 ‘‘(3) KEY FACTORS.—The term ‘key factors’ 

2 means relevant elements or reasons affecting the credit 

3 score for the particular individual, listed in the order 

4 of importance based on the effect of each element or 

5 reason on the credit score or educational credit score. 

6 ‘‘(4) CREDIT SCORING MODEL.—The term ‘credit 

7 scoring model’ means a scoring algorithm, formula, 

8 model, program, or mechanism used to generate a 

9 credit score or an educational credit score.’’. 

10 (b) CONFORMING AMENDMENTS.—The Fair Credit Re11 porting Act (15 U.S.C. 1681 et seq.) is amended— 

12 (1) in section 605(d)(2), by striking ‘‘(as defined 

13 in section 609(f)(2)(B))’’; and 

14 (2) in section 615— 

15 (A) by striking ‘‘as defined in section 

16 609(f)(2)(A)’’ each place that term appears; and 

17 (B) by striking ‘‘set forth in subparagraphs 

18 (B) through (E) of section 609(f)(1)’’ and insert19 ing ‘‘with respect to a credit score described in 

20 section 609(f)(2), if available’’ each place that 

21 term appears. 


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1 SEC. 4. EXPANDS EXPLANATORY INFORMATION GIVEN TO 

2 CONSUMERS ABOUT HOW SCORES ARE CAL3 CULATED. 

4 Section 609(f) of the Fair Credit Reporting Act (15 

5 U.S.C. 1681g(f)) is amended to read as follows: 

6 ‘‘(f) DISCLOSURE OF CREDIT SCORE AND EDU7 CATIONAL CREDIT SCORE BY CONSUMER REPORTING

8 AGENCIES.— 

9 ‘‘(1) IN GENERAL.—Upon the request of a con10 sumer for a credit score or educational credit score, 

11 a consumer reporting agency shall supply to the con12 sumer a statement— 

13 ‘‘(A) containing— 

14 ‘‘(i) a current credit score at the time 

15 of the request generated using a commonly 

16 used credit scoring model to generate credit 

17 scores, subject to regulations of the Bureau; 

18 ‘‘(ii) an educational credit score at the 

19 time of the request, if it is not practicable 

20 to generate such a credit score, as deter21 mined by the Bureau; or 

22 ‘‘(iii) an explanation that the con23 sumer’s file does not have sufficient infor24 mation from which to generate such a credit 

25 score or educational credit score; and 


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1 ‘‘(B) with respect to each previous credit 

2 score in the file of the consumer— 

3 ‘‘(i) the date on which the credit score 

4 was generated; 

5 ‘‘(ii) the name of any entity that the 

6 credit score was provided to; and 

7 ‘‘(iii) the credit score itself. 

8 ‘‘(2) REQUIREMENTS.—A statement provided 

9 under clause (i) or (ii) of paragraph (1)(A) shall in10 clude— 

11 ‘‘(A) a minimum of 4 key factors, if avail12 able, that adversely affected the credit score or 

13 educational credit score, except that if one of the 

14 key factors consists of the number of enquiries 

15 made with respect to a consumer report, that fac16 tor shall be provided to the consumer in addition 

17 to the factors required by this subparagraph; 

18 ‘‘(B) to the extent possible, specific actions 

19 a consumer could take with respect to each key 

20 factor listed in subparagraph (A) to improve the 

21 consumer’s credit score or educational credit 

22 score; 

23 ‘‘(C) a minimum of 4 key factors, if avail24 able, that positively affected the credit score or 

25 educational credit score; 


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1 ‘‘(D) the range of possible credit scores or 

2 educational credit scores under the credit scoring 

3 model used; 

4 ‘‘(E) the distribution of credit scores or edu5 cational credit scores among consumers who are 

6 scored under the same credit scoring model by 

7 the consumer reporting agency, and using the 

8 same scale as that of the score that is provided 

9 to a creditor or consumers— 

10 ‘‘(i) in the form of a bar graph con11 taining a minimum of 6 bars that illus12 trates the percentage of consumers with 

13 credit scores or educational credit scores 

14 within the range of scores represented by 

15 each bar; or 

16 ‘‘(ii) by another clear and readily un17 derstandable graphical depiction, statement, 

18 or illustration comparing the consumer’s 

19 credit score or educational credit score to 

20 the scores of other consumers, as determined 

21 by the Bureau; 

22 ‘‘(F) the date on which the credit score or 

23 educational credit score was created; and 


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1 ‘‘(G) the name of the person that developed 

2 the credit scoring model on which the credit score 

3 or educational credit score was based. 

4 ‘‘(3) APPLICABILITY TO CERTAIN USES.—This 

5 subsection shall not be construed so as to compel a 

6 consumer reporting agency to— 

7 ‘‘(A) develop or disclose a credit score if the 

8 agency does not distribute credit scores used by 

9 a person who makes or arranges a loan or ex10 tends credit to predict the likelihood of certain 

11 credit behaviors; or 

12 ‘‘(B) develop or disclose an educational 

13 credit score if the agency does not develop edu14 cational credit scores that assist in under15 standing the general credit behavior of a con16 sumer and predicting the future credit behavior 

17 of the consumer. 

18 ‘‘(4) MAINTENANCE OF CREDIT SCORES.— 

19 ‘‘(A) IN GENERAL.—All consumer reporting 

20 agencies shall maintain in the consumer’s file 

21 credit scores relating to the consumer for a pe22 riod of 2 years from the date on which such in23 formation is generated. 

24 ‘‘(B) DISCLOSURE ONLY TO CONSUMERS.— 

25 A past credit score maintained in a consumer’s 


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1 file pursuant to subparagraph (A) may only be 

2 provided to the consumer to which the credit 

3 score relates and may not be included in a con4 sumer report or used as a factor in generating 

5 a credit score or educational credit score. 

6 ‘‘(C) REMOVAL OF PAST CREDIT SCORES.— 

7 A past credit score maintained in a consumer’s 

8 file pursuant to subparagraph (A) shall be re9 moved from the consumer’s file after the end of 

10 the 2-year period described under subparagraph 

11 (A).’’. 

12 SEC. 5. REQUIRES CONSUMER REPORTING AGENCIES TO 

13 DISCLOSE PROMINENTLY THE DIFFERENCES 

14 BETWEEN AND LIMITATIONS OF CREDIT 

15 SCORES AND EDUCATIONAL CREDIT SCORES 

16 REQUIRED PRIOR TO A CONSUMER OBTAIN17 ING SUCH SCORES. 

18 Section 609(f) of the Fair Credit Reporting Act (15 

19 U.S.C. 1681g(f)), as amended by section 3, is further 

20 amended by adding at the end the following new para21 graphs: 

22 ‘‘(5) WEBSITE DISCLAIMER.—A consumer report23 ing agency that generates or provides credit scores or 

24 educational credit scores shall clearly and conspicu25 ously display on the home page of the agency’s InterVerDate Sep 11 2014 19:58 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H3618.RH H3618

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1 net website, and as part of any application, solicita2 tion, or marketing material or media providing infor3 mation related to a credit score or educational credit 

4 score, the following notice, in boldface type of 18- 

5 point font or larger and in a text box with boldface 

6 outer borders: 

7 ‘‘ ‘CREDIT SCORE DISCLAIMER. 

8 ‘‘ ‘There is no ‘‘one’’ credit score. There are many scor9 ing formulas derived from a wide variety of models avail10 able to a consumer and used by lenders and creditors. Dif11 ferent lenders and creditors use different scoring formulas 

12 to determine whether to extend credit or make a loan to 

13 you, and the terms of the credit or loan. An educational 

14 credit score is not a credit score that a person who makes 

15 a loan or extends credit to you is likely to use. Educational 

16 credit scores are merely intended to be used as an edu17 cational tool to help consumers understand how the infor18 mation contained in a consumer report may affect the terms 

19 and conditions of a loan or extension of credit that may 

20 be available to a consumer. Lenders and creditors may also 

21 rely on information not contained in your consumer report 

22 and not reflected in the calculation of your credit score.’. 

23 ‘‘(6) ADDITIONAL REQUIREMENTS FOR EDU24 CATIONAL CREDIT SCORES.— 


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1 ‘‘(A) DISCLAIMER.—If an educational cred2 it score is provided pursuant to paragraph (1), 

3 a consumer reporting agency shall clearly and 

4 conspicuously include in a prominent location 

5 on the statement, in boldface type of 18-point 

6 font or larger, and in a text box with boldface 

7 outer borders, the following notice: 

8 ‘‘ ‘EDUCATIONAL CREDIT SCORE DISCLAIMER. 

9 ‘‘ ‘The educational credit score provided to you is not 

10 a credit score that a lender or creditor is likely to use to 

11 make a loan or extend credit to you. There are many dif12 ferent credit scores derived from a wide variety of models 

13 used by lenders and creditors. An educational credit score 

14 is merely an educational tool. It is intended to provide con15 sumers with a basic understanding of how the information 

16 contained in a consumer report may affect the terms and 

17 conditions of credit that are available. The credit scores you 

18 receive directly from different lenders and creditors may not 

19 be the same as an educational credit score. There are a 

20 number of reasons for this: 

21 ‘‘ ‘(1) Each company may use a different for22 mula for calculating credit scores and the differences 

23 in the formulas may lead to differences in your scores. 

24 ‘‘ ‘(2) Companies may produce scores that give 

25 results on different scales. 


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1 ‘‘ ‘(3) Not all lenders or creditors report to every 

2 consumer reporting agency, and therefore the infor3 mation contained in your consumer report that the 

4 consumer reporting agencies use to calculate your 

5 educational credit score may differ among agencies.’. 

6 ‘‘(B) PROHIBITION ON MISLEADING REP7 RESENTATIONS.—A consumer reporting agency 

8 may not refer to an educational credit score as 

9 a credit score in any application, solicitation, 

10 marketing, or other informational materials or 

11 media. 

12 ‘‘(7) MODIFICATION OF DISCLAIMERS.—The Bu13 reau may modify the content, format, and manner of 

14 the disclaimers required under paragraphs (5) and 

15 (6), if warranted, after conducting consumer testing 

16 or research.’’. 

17 SEC. 6. PROVIDES CONSUMERS WITH FREE CREDIT SCORE 

18 DISCLOSURES WITH THEIR FREE ANNUAL 

19 CONSUMER REPORTS UPON REQUEST AND 

20 CREATES INSTANCES WHEN CONSUMERS 

21 AUTOMATICALLY RECEIVE FREE CONSUMER 

22 REPORTS AND CREDIT SCORES. 

23 (a) IN GENERAL.—Section 612 of the Fair Credit Re24 porting Act (15 U.S.C. 1681j) is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (1)— 

2 (i) in subparagraph (A), by inserting 

3 after ‘‘section 609’’ the following: ‘‘(includ4 ing the disclosure of a credit score or edu5 cational credit score under subsection (f) of 

6 such section)’’; and 

7 (ii) in subparagraph (C)— 

8 (I) by striking ‘‘Commission’’ 

9 each place such term appears and in10 serting ‘‘Bureau’’; and 

11 (II) by inserting ‘‘, credit scores, 

12 and educational credit scores (as ap13 plicable)’’ after ‘‘consumer reports’’ 

14 each place that term appears; 

15 (B) in paragraph (2)— 

16 (i) by striking ‘‘15 days’’ and inserting 

17 ‘‘3 business days’’; and 

18 (ii) by inserting ‘‘, credit score, or edu19 cational credit score’’ after ‘‘consumer re20 port’’; 

21 (C) in paragraph (3), by inserting ‘‘, credit 

22 score, or educational credit score’’ after ‘‘con23 sumer report’’; and 


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1 (D) in paragraph (4), by inserting ‘‘, credit 

2 scores, or educational credit scores’’ after ‘‘con3 sumer reports’’; 

4 (2) in subsection (b), by inserting ‘‘(including 

5 the disclosure of a credit score or educational credit 

6 score, as applicable, under subsection (f) of such sec7 tion)’’ after ‘‘section 609’’; 

8 (3) in subsection (c)— 

9 (A) by inserting ‘‘(including the disclosure 

10 of a credit score or educational credit score 

11 under subsection (f) of such section)’’ after ‘‘pur12 suant to section 609’’; 

13 (B) in paragraph (2), by striking ‘‘; or’’ 

14 and inserting a semicolon; 

15 (C) in paragraph (3), by striking the period 

16 at the end and inserting a semicolon; and 

17 (D) by adding at the end the following new 

18 paragraphs: 

19 ‘‘(4) has disputed information, or submitted an 

20 appeal of an investigation or reinvestigation of such 

21 information, under section 611 or 623, regardless of 

22 whether the consumer has already received a credit re23 port, credit score, or educational credit score under 

24 section 611 or 623; or 


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1 ‘‘(5) has had information that was previously 

2 deleted under section 611(a)(5) reinserted into the 

3 consumer’s file, regardless of whether the consumer 

4 has already received a credit report, credit score, or 

5 educational credit score under such section.’’; 

6 (4) in subsection (d), by inserting ‘‘(including 

7 the disclosure of a credit score or educational credit 

8 score under subsection (f) of such section)’’ after ‘‘sec9 tion 609’’; 

10 (5) in subsection (f)(1)— 

11 (A) by striking ‘‘reasonable charge’’ and all 

12 that follows through ‘‘section 609’’ and inserting 

13 ‘‘reasonable charge on a consumer for providing 

14 a consumer report to a consumer’’; 

15 (B) by striking subparagraph (B); 

16 (C) by redesignating clauses (i) and (ii) as 

17 subparagraphs (A) and (B), respectively (and 

18 conforming the margins accordingly); and 

19 (D) in subparagraph (B) (as so redesig20 nated), by striking ‘‘disclosure; and’’ and insert21 ing ‘‘disclosure.’’; and 

22 (6) by adding at the end the following new sub23 sections: 

24 ‘‘(h) CENTRALIZED SOURCE FOR OBTAINING FREE

25 COPY OF CONSUMER REPORT AND SCORES.— 


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1 ‘‘(1) NATIONWIDE CONSUMER REPORTING AGEN2 CIES.— 

3 ‘‘(A) IN GENERAL.—Not later than 180 

4 days after the date of enactment of this sub5 section, each consumer reporting agency de6 scribed under subsection (p) of section 603 shall 

7 prominently display on the home page of the 

8 agency’s website— 

9 ‘‘(i) a hyperlink labeled ‘Get Your Free 

10 Annual Credit Reports along with either 

11 your Credit Scores or Educational Credit 

12 Scores provided for under Federal Law’ or 

13 substantially similar text, as determined by 

14 the Bureau; and 

15 ‘‘(ii) a disclosure titled ‘Consumer’s 

16 Right to Free Credit Scores, Educational 

17 Credit Scores, and Reports under Federal 

18 Law’ or substantially similar text, as deter19 mined by the Bureau that includes the fol20 lowing statement: 

21 ‘‘ ‘All consumers are entitled to obtain a free copy of 

22 their consumer report and credit score or educational credit 

23 score annually from each of the nationwide consumer re24 porting agencies. Under Federal law, a consumer is entitled 

25 to obtain additional free copies of their consumer reports, 


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1 along with a copy of either the consumer’s credit score or 

2 educational credit score (under certain circumstances), in3 cluding: 

4 ‘‘ ‘(1) When a consumer is unemployed and in5 tends to apply for employment within 60 days. 

6 ‘‘ ‘(2) When a consumer is a recipient of public 

7 welfare assistance. 

8 ‘‘ ‘(3) When a consumer has a reasonable belief 

9 that their report contains inaccuracies as a result of 

10 fraud. 

11 ‘‘ ‘(4) When a consumer asserts in good faith a 

12 suspicion that the consumer has been or is about to 

13 become a victim of identity theft, fraud, or a related 

14 crime, or harmed by the unauthorized disclosure of 

15 the consumer’s financial or personally identifiable in16 formation. 

17 ‘‘ ‘(5) When a consumer files a dispute or an ap18 peal of the results of a dispute with a consumer re19 porting agency or a person who furnished informa20 tion to the consumer reporting agency regarding the 

21 accuracy or completeness of the information contained 

22 on their report. 

23 ‘‘ ‘(6) After a furnisher of information discovers 

24 it has furnished inaccurate or incomplete information 


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1 to a consumer reporting agency, and the furnisher no2 tifies the agency of the error. 

3 ‘‘ ‘(7) After an adverse action is taken against a 

4 consumer or a consumer receives a risk-based pricing 

5 notice. 

6 ‘‘ ‘(8) When a mortgage lender, private edu7 cational lender, indirect auto lender, or motor vehicle 

8 lender obtains and uses a consumer’s reports or scores 

9 for underwriting purposes.’. 

10 ‘‘(B) HYPERLINK REQUIREMENTS.—The 

11 hyperlink described in subparagraph (A)(i) shall 

12 be prominently located on the top of the home 

13 page and should link directly to the website of 

14 the centralized source established pursuant to 

15 section 211(d) of the Fair and Accurate Credit 

16 Transactions Act of 2003 (15 U.S.C. 1681j note). 

17 ‘‘(C) MODIFICATIONS.—The Bureau may 

18 modify the disclosure described in subparagraph 

19 (A)(ii) as necessary to include other cir20 cumstances under which a consumer has the 

21 right to receive a free consumer report, credit 

22 score, or educational credit score. 

23 ‘‘(2) NATIONWIDE SPECIALTY CONSUMER RE24 PORTING AGENCIES.— 


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1 ‘‘(A) IN GENERAL.—Not later than 180 

2 days after the date of enactment of this sub3 section, each nationwide specialty consumer re4 porting agency shall prominently display on the 

5 Internet home webpage of the agency a disclosure 

6 titled ‘Consumer’s Right to Free Consumer Re7 ports and Credit Score or Educational Credit 

8 Score (as applicable) under Federal Law’. Such 

9 disclosure shall include the following statement: 

10 ‘‘ ‘Upon request, all consumers are entitled to obtain 

11 a free copy of their consumer report and credit score or edu12 cational credit score (as applicable) during any 12-month 

13 period from each of the nationwide specialty consumer re14 porting agencies. Federal law also provides further cir15 cumstances under which a consumer is entitled to obtain 

16 additional free copies of their consumer report and credit 

17 score or educational credit score (as applicable) including: 

18 ‘‘ ‘(1) When a consumer is unemployed and in19 tends to apply for employment within 60 days. 

20 ‘‘ ‘(2) When a consumer is a recipient of public 

21 welfare assistance. 

22 ‘‘ ‘(3) When a consumer has a reasonable belief 

23 that their report contains inaccuracies as a result of 

24 fraud. 


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1 ‘‘ ‘(4) When a consumer files a dispute or an ap2 peal of the results of a dispute with a consumer re3 porting agency or a person who furnished informa4 tion to the consumer reporting agency regarding the 

5 accuracy or completeness of the information contained 

6 on their report. 

7 ‘‘ ‘(5) After a furnisher of information discovers 

8 it has furnished inaccurate or incomplete information 

9 to a consumer reporting agency, and the furnisher no10 tifies the agency of the error. 

11 ‘‘ ‘(6) After an adverse action is taken against a 

12 consumer or a consumer receives a risk-based pricing 

13 notice. 

14 ‘‘ ‘(7) When a mortgage lender, private edu15 cational lender, indirect auto lender, or motor vehicle 

16 lender obtains and uses a consumer’s reports or scores 

17 for underwriting purposes.’. 

18 ‘‘(B) MODIFICATIONS.—The Bureau may 

19 modify the disclosure described in subparagraph 

20 (A) as necessary to include other circumstances 

21 under which a consumer has the right to receive 

22 a free consumer report and credit score or edu23 cational credit score (as applicable). 

24 ‘‘(C) TOLL-FREE TELEPHONE ACCESS.—The 

25 information described in this paragraph shall 


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1 also be made available via a toll-free telephone 

2 number. Such number shall be prominently dis3 played on the home page of the website of each 

4 nationwide specialty consumer reporting agency. 

5 Each of the circumstances under which a con6 sumer may obtain a free consumer report and 

7 credit score or educational credit score (as appli8 cable) shall be presented in an easily under9 standable format and consumers shall be directed 

10 to an individual who is a customer service rep11 resentative not later than 2 minutes after the 

12 initial phone connection is made by the con13 sumer. Information provided through such tele14 phone number shall comply with the require15 ments of section 633. 

16 ‘‘(D) ONLINE CONSUMER REPORTS; EXEMP17 TION.—Upon receipt of a request by a consumer 

18 for a consumer report, each nationwide specialty 

19 consumer reporting agency shall provide access 

20 to such report electronically on the Internet 

21 website described in section 611(h). 

22 ‘‘(i) AUTOMATIC PROVISION OF FREE CONSUMER RE23 PORTS AND CREDIT SCORES OR EDUCATIONAL CREDIT

24 SCORES.—A consumer reporting agency shall provide to a 


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1 consumer a free copy of the file and credit score or edu2 cational credit score of the consumer who— 

3 ‘‘(1) obtains a fraud alert, extended alert, active 

4 duty alert, or security freeze as described in section 

5 605A; or 

6 ‘‘(2) has disputed information, or submitted an 

7 appeal of an investigation or reinvestigation of such 

8 information, under section 611 or 623.’’. 

9 (b) TECHNICAL AMENDMENT.—Section 615(h)(7) of 

10 such Act (15 U.S.C. 1681m(h)(7)) is amended by striking 

11 ‘‘section’’ and inserting ‘‘subsection’’. 

12 SEC. 7. REQUIRES PRIVATE EDUCATIONAL LENDERS TO 

13 PROVIDE CONSUMERS WITH FREE COPIES OF 

14 ANY CONSUMER REPORTS AND CREDIT 

15 SCORES THAT THEY USED FOR UNDER16 WRITING BEFORE CONSUMERS SIGN LOAN 

17 AGREEMENTS. 

18 Section 609 of the Fair Credit Reporting Act (15 

19 U.S.C. 1681g) is amended by adding at the end the fol20 lowing new subsection: 

21 ‘‘(h) DISCLOSURE OF CONSUMER REPORTS AND CRED22 IT SCORES BY PRIVATE EDUCATIONAL LENDERS.— 

23 ‘‘(1) IN GENERAL.—If a private educational 

24 lender obtains a copy of any consumer reports or 

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1 nection with an application of a consumer for a pri2 vate education loan, the private educational lender 

3 shall provide to the consumer, not later than 3 busi4 ness days after obtaining such reports or scores and 

5 before the date on which the consumer enters into a 

6 loan agreement with the private educational lender, a 

7 copy of any such reports or scores, along with the 

8 statement described under subsection (f)(2). 

9 ‘‘(2) COSTS.—None of the costs to the private 

10 educational lender associated with procuring con11 sumer reports or credit scores under this subsection 

12 may be charged, directly or indirectly, to the con13 sumer. 

14 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 

15 subsection shall be construed to eliminate any require16 ment for creditors and lenders to provide credit score 

17 disclosures, including the statement described under 

18 subsection (f)(2), to consumers as part of an adverse 

19 action or risk-based pricing notice.’’. 


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1 SEC. 8. REQUIRES MOTOR VEHICLE LENDERS OR INDIRECT 

2 AUTO LENDERS TO PROVIDE CONSUMERS 

3 WITH FREE COPIES OF ANY CONSUMER RE4 PORTS AND CREDIT SCORES THAT THEY 

5 USED FOR UNDERWRITING BEFORE CON6 SUMERS SIGN LEASE OR LOAN AGREEMENTS. 

7 Section 609 of the Fair Credit Reporting Act (15 

8 U.S.C. 1681g), as amended by section 6, is further amended 

9 by adding at the end the following new subsection: 

10 ‘‘(i) DISCLOSURE OF CONSUMER REPORTS AND CRED11 IT SCORES USED BY MOTOR VEHICLE LENDERS OR INDI12 RECT AUTO LENDERS.— 

13 ‘‘(1) IN GENERAL.—If a motor vehicle lender or 

14 indirect auto lender obtains a copy of any consumer 

15 reports or credit scores and uses such reports or scores 

16 in connection with an application of a consumer for 

17 a motor vehicle loan or lease, the motor vehicle lender 

18 or indirect auto lender shall provide to the consumer 

19 a document, separate from the consumer’s lease or 

20 purchase agreement and before the consumer enters 

21 into a lease or purchase agreement, disclosing any 

22 consumer reports and credit scores, including the 

23 statement described in subsection (f)(2), used by the 

24 lender to determine whether to extend credit to the 

25 consumer. 


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1 ‘‘(2) COSTS.—None of the costs to the motor vehi2 cle lender or indirect auto lender associated with pro3 curing consumer reports or credit scores under this 

4 subsection may be charged, directly or indirectly, to 

5 the consumer. 

6 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 

7 subsection shall be construed to eliminate any require8 ment for creditors and lenders to provide credit score 

9 disclosures, including the statement described under 

10 subsection (f)(2), to consumers as part of an adverse 

11 action or risk-based pricing notice. 

12 ‘‘(4) DEFINITIONS.— 

13 ‘‘(A) INDIRECT AUTO LENDER.—The term 

14 ‘indirect auto lender’ has the meaning given the 

15 term by the Bureau, and shall include a person 

16 extending a loan made with respect to a car, 

17 boat, motorcycle, recreational vehicle, or other 

18 similar vehicle used primarily for personal or 

19 household purposes. 

20 ‘‘(B) MOTOR VEHICLE LENDER.—The term 

21 ‘motor vehicle lender’ has the meaning given the 

22 term by the Board of Governors of the Federal 

23 Reserve System, and shall include a person ex24 tending a loan made with respect to a car, boat, 

25 motorcycle, recreational vehicle, or other similar 


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1 vehicle used primarily for personal or household 

2 purposes.’’. 

3 SEC. 9. REQUIRES RESIDENTIAL MORTGAGE LENDERS TO 

4 PROVIDE CONSUMERS WITH FREE COPIES OF 

5 ANY CONSUMER REPORTS AND CREDIT 

6 SCORES THAT THEY USED FOR UNDER7 WRITING BEFORE CONSUMERS SIGN LOAN 

8 AGREEMENTS. 

9 Section 609(g) of the Fair Credit Reporting Act (15 

10 U.S.C. 1681g(g)) is amended— 

11 (1) by redesignating paragraph (2) as para12 graph (5); 

13 (2) in paragraph (1)— 

14 (A) by striking ‘‘a consumer credit score’’ 

15 and inserting ‘‘any consumer reports or credit 

16 scores’’; 

17 (B) by striking ‘‘, as defined in subsection 

18 (f),’’; 

19 (C) by striking ‘‘the following to the con20 sumer as soon as reasonably practicable:’’ and 

21 inserting ‘‘, not later than 3 business days after 

22 using such reports or scores, a document dis23 closing any consumer reports and credit scores 

24 used by the lender to determine whether to extend 


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1 credit to the consumer along with the statement 

2 described in subsection (f)(2).’’; 

3 (D) by striking subparagraphs (A), (B), 

4 (C), (E), and (F); 

5 (E) by redesignating subparagraph (D) as 

6 paragraph (3) (and adjusting the margins ac7 cordingly); and 

8 (F) by redesignating subparagraph (G) as 

9 paragraph (4) (and adjusting the margins ac10 cordingly); 

11 (3) by inserting before paragraph (3) (as so re12 designated) the following new paragraph: 

13 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

14 subsection shall be construed to eliminate any require15 ment for lenders to provide credit score disclosures, 

16 including the statement described under subsection 

17 (f)(2), to consumers as part of an adverse action or 

18 risk-based pricing notice.’’; 

19 (4) in paragraph (3) (as so redesignated), in the 

20 quoted material— 

21 (A) by inserting ‘‘, free of charge,’’ after 

22 ‘‘disclose to you’’; and 

23 (B) by striking ‘‘affecting your credit 

24 scores’’ and inserting ‘‘affecting your credit score 

25 or scores’’; 


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1 (5) in paragraph (5) (as so redesignated) by in2 serting ‘‘or scores’’ after ‘‘credit score’’ each place such 

3 term appears; and 

4 (6) by adding at the end the following new para5 graphs: 

6 ‘‘(6) ACTIONS NOT REQUIRED.—This subsection 

7 shall not require any person to disclose any credit 

8 score or related information obtained by the person 

9 after a loan has closed. 

10 ‘‘(7) NO PROCUREMENT COSTS.—None of the 

11 costs to the creditor or lender associated with pro12 curing any consumer reports or scores under this sub13 section may be charged, directly or indirectly, to the 

14 consumer.’’. 

15 SEC. 10. RULEMAKING. 

16 Not later than the end of the 2-year period beginning 

17 on the date of the enactment of this Act, the Bureau of Con18 sumer Financial Protection shall issue final rules to imple19 ment the amendments made by this Act. 


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Union Calendar No. 247 

116TH CONGRESS 

1ST SESSION H. R. 3618 

[Report No. 116–306] 

A BILL 

To establish requirements relating to credit scores 

poses. and educational credit scores, and for other purNOVEMBER 21, 2019 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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