I 

116TH CONGRESS 

1ST SESSION H. R. 3642 

To amend the Fair Credit Reporting Act to fix the consumer report dispute 

process, to ban misleading and unfair consumer reporting practices, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2019 

Ms. ADAMS introduced the following bill; which was referred to the Committee 

on Financial Services 

A BILL 

To amend the Fair Credit Reporting Act to fix the consumer 

report dispute process, to ban misleading and unfair 

consumer reporting practices, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Improving Credit Reporting for All Consumers Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Effective date. 

Sec. 4. General Bureau rulemaking. 


pbinns on DSK79D2C42PROD with BILLS
2 

•HR 3642 IH

TITLE I—IMPROVEMENTS TO THE DISPUTE PROCESS 

Sec. 101. Dispute procedures and disclosures relating to reinvestigations. 

Sec. 102. Consumer awareness of dispute rights. 

Sec. 103. Maintenance of records by furnishers. 

Sec. 104. Duties of furnishers relating to dispute procedures, notices, and disclosures. 

Sec. 105. Right to appeal disputes relating to reinvestigations and investigations. 

Sec. 106. Revised consumer reports. 

Sec. 107. Indication of dispute by consumers and use of disputed information. 

Sec. 108. Accuracy and completeness report duties for consumer reporting 

agencies and furnishers. 

Sec. 109. Inclusion of public record data sources in consumer reports. 

Sec. 110. Injunctive relief for victims. 

TITLE II—PROHIBITION ON MISLEADING AND UNFAIR 

CONSUMER REPORTING PRACTICES 

Sec. 201. Prohibition on automatic renewals for promotional consumer reporting and credit scoring products and services. 

Sec. 202. Prohibition on misleading and deceptive marketing related to the provision of consumer reporting and credit scoring products and 

services. 

Sec. 203. Prohibiton on excessive direct-to-consumer sales. 

Sec. 204. Fair access to consumer reporting and credit scoring disclosures for 

nonnative English speakers and the visually and hearing impaired. 

Sec. 205. Comparison shopping for loans without harm to credit standing. 

Sec. 206. Nationwide consumer reporting agencies registry. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) GENERAL FINDINGS.— 

4 (A) Consumer reporting agencies 

5 (‘‘CRAs’’) are companies that collect, compile, 

6 and provide information about consumers in the 

7 form of consumer reports for certain permis8 sible statutory purposes under the Fair Credit 

9 Reporting Act (15 U.S.C. 1681 et seq.) 

10 (‘‘FCRA’’). The three largest CRAs in this 

11 country are Equifax, TransUnion, and 

12 Experian. These CRAs are referred to as naVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
3 

•HR 3642 IH

1 tionwide CRAs and the reports that they pre2 pare are commonly referred to as credit reports. 

3 Furnishers, such as creditors, lenders, and debt 

4 collection agencies, voluntarily submit informa5 tion to CRAs about their accounts such as the 

6 total amount for each loan or credit limit for 

7 each credit card and the consumer’s payment 

8 history on these products. Reports also include 

9 identifying information about a consumer, such 

10 as their birthdate, previous mailing addresses, 

11 and current and previous employers. 

12 (B) In a December 2012 paper, ‘‘Key Di13 mensions and Processes in the U.S. Credit Re14 porting System: A review for how the nation’s 

15 largest credit bureaus manage consumer data’’, 

16 the Bureau of Consumer Financial Protection 

17 (‘‘Consumer Bureau’’) noted that the three na18 tionwide CRAs maintain credit files on approxi19 mately 200 million adults and receive informa20 tion from about 10,000 furnishers. On a 

21 monthly basis, these furnishers provide infor22 mation on over 1.3 billion consumer credit ac23 counts or other trade lines. 

24 (C) The 10 largest institutions furnishing 

25 credit information to each of the nationwide 


pbinns on DSK79D2C42PROD with BILLS
4 

•HR 3642 IH

1 CRAs account for more than half of all ac2 counts reflected in consumers’ credit files. 

3 (D) Consumer reports play an increasingly 

4 important role in the lives of American con5 sumers. Most creditors, for example, review 

6 these reports to make decisions about whether 

7 to extend credit to consumers and what terms 

8 and conditions to offer them. As such, informa9 tion contained in these reports affects whether 

10 a person is able to get a private education loan 

11 to pay for college costs, to secure a mortgage 

12 loan to buy a home, or to obtain a credit card, 

13 as well as the terms and conditions under which 

14 consumer credit products or services are offered 

15 to them. 

16 (E) Credit reports are also increasingly 

17 used for many noncredit decisions, including by 

18 landlords to determine whether to rent an 

19 apartment to a prospective tenant and by em20 ployers to decide whether to hire potential job 

21 applicants or to offer a promotion to existing 

22 employees. 

23 (F) CRAs have a statutory obligation to 

24 verify independently the accuracy and completeVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
5 

•HR 3642 IH

1 ness of information included on the reports that 

2 they provide. 

3 (G) The nationwide CRAs have failed to 

4 establish and follow reasonable procedures, as 

5 required by existing law, to establish the max6 imum level of accuracy of information contained 

7 on consumer reports. Given the repeated fail8 ures of these CRAs to comply with accuracy re9 quirements on their own, legislation is intended 

10 to provide them with detailed guidance improv11 ing the accuracy and completeness of informa12 tion contained in consumer reports, including 

13 procedures, policies, and practices that these 

14 CRAs should already be following to ensure full 

15 compliance with their existing obligations. 

16 (H) The presence of inaccurate or incom17 plete information on these reports can result in 

18 substantial financial and emotional harm to 

19 consumers. Credit reporting errors can lead to 

20 the loss of a new employment opportunity or a 

21 denial of a promotion in an existing job, stop 

22 someone from being able to access credit on fa23 vorable terms, prevent a person from obtaining 

24 rental housing, or even trigger mental distress. 


pbinns on DSK79D2C42PROD with BILLS
6 

•HR 3642 IH

1 (I) Current industry practices impose an 

2 unfair burden of proof on consumers trying to 

3 fix errors on their reports. 

4 (J) Consumer reports containing inac5 curate or incomplete credit information also un6 dermine the ability of creditors and lenders to 

7 effectively and accurately underwrite and price 

8 credit. 

9 (K) Recognizing that credit reporting af10 fects the lives of almost all consumers in this 

11 country and that the consequences of errors on 

12 a consumer report can be catastrophic for a 

13 consumer, the Consumer Bureau began accept14 ing consumer complaints about credit reporting 

15 in October 2012. 

16 (L) As of February 2017, the Consumer 

17 Bureau has handled approximately 185,717 

18 credit reporting complaints, making credit re19 porting consistently the third most-complained20 about subject matter on which the Consumer 

21 Bureau accepts consumer complaints. 

22 (M) In the ‘‘Monthly Complaint Report 

23 Volume 20’’, released in February 2017, the 

24 Consumer Bureau noted that 76 percent of 

25 credit reporting complaints involved incorrect 


pbinns on DSK79D2C42PROD with BILLS
7 

•HR 3642 IH

1 information on reports, with consumers fre2 quently expressing their frustrations about the 

3 burdensome and time-consuming process to dis4 puting items. 

5 (N) Other common types of credit report6 ing complaints submitted to the Consumer Bu7 reau related to the improper use of a report, 

8 trouble obtaining a report or credit score, 

9 CRAs’ investigations, and credit monitoring or 

10 identity protection. 

11 (O) In the summer 2015 ‘‘Supervisory 

12 Highlights’’, the Consumer Bureau noted that 

13 one or more of the largest CRAs failed to ade14 quately oversee furnishers to ensure that they 

15 were adhering to the CRA’s vetting policies and 

16 to establish proper procedures to verify public 

17 record information. 

18 (P) According to the fall 2016 ‘‘Super19 visory Highlights’’, Consumer Bureau exam20 iners determined that one or more debt collec21 tors never investigated indirect disputes that 

22 lacked detail or were not accompanied by at23 tachments with relevant information from the 

24 consumer. Examiners also found that notifica25 tions sent to consumers about disputes considVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
8 

•HR 3642 IH

1 ered frivolous failed to identify for the con2 sumers the type of material that they could pro3 vide in order for the debt collector to complete 

4 the investigation of the disputed item. 

5 (Q) A February 2014 Consumer Bureau 

6 report titled ‘‘Credit Reporting Complaint 

7 Snapshot’’ found that consumers are confused 

8 about the extent to which the nationwide CRAs 

9 are required to provide them with validation 

10 and documentation of a debt that appears on 

11 their credit report. 

12 (R) As evidence that the current system 

13 lacks sufficient market incentives for CRAs to 

14 develop more robust procedures to increase the 

15 accuracy and completeness of information on 

16 credit reports, litigation discovery documented 

17 by the National Consumer Law Center 

18 (‘‘NCLC’’), as part of a January 2009 report 

19 titled, ‘‘Automated Injustice: How a Mecha20 nized Dispute System Frustrates Consumers 

21 Seeking to Fix Errors in Their Credit Re22 ports’’, showed that at least two of the three 

23 largest CRAs use quota systems to force em24 ployees to process disputes hastily and without 

25 the opportunity for conducting meaningful inVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
9 

•HR 3642 IH

1 vestigations. At least one nationwide CRA only 

2 allowed dispute resolution staff five minutes to 

3 handle a consumer’s call. Furthermore, these 

4 CRAs were found to have awarded bonuses for 

5 meeting quotas and punished those who didn’t 

6 meet production numbers with probation. 

7 (S) Unlike most other business relation8 ships, where consumers can register their satis9 faction or unhappiness with a particular credit 

10 product or service simply by taking their busi11 ness elsewhere, consumers have no say in 

12 whether their information is included in the 

13 CRAs databases and limited legal remedies to 

14 hold the CRAs accountable for inaccuracies or 

15 poor service. 

16 (T) Accordingly, despite the existing statu17 tory mandate for CRAs to follow reasonable 

18 procedures to assure the maximum possible ac19 curacy of the information whenever they pre20 pare consumer reports, numerous studies, the 

21 high volume of consumer complaints submitted 

22 to the Consumer Bureau about incorrect infor23 mation on consumer reports, and supervisory 

24 activities by the Consumer Bureau demonstrate 


pbinns on DSK79D2C42PROD with BILLS
10 

•HR 3642 IH

1 that CRAs continue to skirt their obligations 

2 under the law. 

3 (2) INCORRECT INFORMATION ON CONSUMER

4 REPORTS.— 

5 (A) Consumers are entitled to dispute er6 rors on their consumer reports with either the 

7 CRA, who issued the report, or directly with 

8 furnishers, who supplied the account informa9 tion to the CRA, and request that mistakes be 

10 deleted or removed. Consumers, who believe an 

11 investigation has not correctly resolved their 

12 dispute, however, have few options, other than 

13 requesting that a statement about the dispute 

14 be included with their future reports. 

15 (B) CRAs have a statutory obligation 

16 under the FCRA to perform a reasonable inves17 tigation by conducting a substantive and 

18 searching inquiry when a consumer disputes an 

19 item on their report. In doing so, CRAs must 

20 conduct an independent review about the accu21 racy of any disputed item and cannot merely 

22 rely on a furnisher’s ‘‘rubber-stamp’’ 

23 verification of the integrity of the information 

24 they have provided to CRAs. 


pbinns on DSK79D2C42PROD with BILLS
11 

•HR 3642 IH

1 (C) The Federal Trade Commission 

2 (‘‘FTC’’), in a ‘‘Report to Congress Under Sec3 tion 319 of the Fair and Accurate Credit 

4 Transactions Act of 2003’’ released in Decem5 ber 2012, found that 26 percent of survey par6 ticipants identified at least one potentially ma7 terial error on their consumer reports, and 13 

8 percent experienced a change in their credit 

9 score once the error was fixed. 

10 (D) Consumer Bureau examiners have 

11 identified repeated deficiencies with the nation12 wide CRAs’ information collection. In the sum13 mer 2015 ‘‘Supervisory Highlights’’ released in 

14 June 2015, the Consumer Bureau noted contin15 ued weaknesses with CRAs’ methods and proc16 esses for assuring maximum possible accuracy 

17 in their reports. Examiners also found, with 

18 certain exceptions, no quality control policies 

19 and procedures in place to test consumer re20 ports for accuracy. 

21 (E) In its ‘‘Credit Reporting Complaint 

22 Snapshot’’ released in February 2014, the Con23 sumer Bureau found that consumers were un24 certain about the depth and validity of the in25 vestigations performed about a disputed item. 


pbinns on DSK79D2C42PROD with BILLS
12 

•HR 3642 IH

1 Consumers also expressed frustration that, even 

2 though they provided supporting materials that 

3 they believed demonstrated the inaccuracy of 

4 the information provided by furnishers, errors 

5 continued to remain on their reports. 

6 (F) In the winter 2015 ‘‘Supervisory High7 lights’’ released in March 2015, the Consumer 

8 Bureau reported that one or more nationwide 

9 CRAs failed to adequately fulfill their dispute10 handling obligations, including by not for11 warding to furnishers all relevant information 

12 found in letters and supporting documents sup13 plied by consumers when they submitted dis14 putes failing to notify consumers that they had 

15 completed investigations, and not providing con16 sumers with the results of the CRAs’ reviews 

17 about their disputes. 

18 (G) Consumer Bureau examiners also 

19 noted in the fall 2016 ‘‘Supervisory Highlights’’ 

20 released in October 2016 that one or more enti21 ties failed to provide adequate guidance and 

22 training to staff about how to differentiate 

23 FCRA disputes from general customer inquir24 ies, complaints, or debt validation requests. 

25 Consumer Bureau supervisors also directed one 


pbinns on DSK79D2C42PROD with BILLS
13 

•HR 3642 IH

1 or more entities to develop and implement rea2 sonable procedures to ensure that direct and in3 direct disputes are appropriately logged, cat4 egorized, and resolved. 

5 (H) Consumers’ increasing frustration 

6 about the difficulties of trying to fix credit re7 porting errors, evidenced through the volume of 

8 consumer complaints related to errors sub9 mitted to the Consumer Bureau, are also 

10 echoed in another FTC study issued in January 

11 2015. In the ‘‘Report to Congress under Sec12 tion 319 for the Fair and Accurate Credit 

13 Transactions Act of 2003’’, the FTC found that 

14 nearly 70 percent (84 people) of participants 

15 from a previous survey that had filed disputes 

16 with CRAs continued to believe that at least 

17 some of the disputed information remained in18 accurate at the time of the follow-up survey. 

19 Despite these views, 50 percent (42 people) of 

20 the survey participants decided to just give up 

21 trying to fix the errors, with only 45 percent 

22 (38 people) of them planning to continue to try 

23 to resolve their disputes. 

24 (I) The consistently high volume of con25 sumer complaints submitted to the Consumer 


pbinns on DSK79D2C42PROD with BILLS
14 

•HR 3642 IH

1 Bureau about credit reporting errors, coupled 

2 with the largest CRAs’ repeated quality control 

3 weaknesses found by Consumer Bureau exam4 iners, show that the nationwide CRAs have 

5 failed to establish and follow reasonable proce6 dures to assure maximum accuracy of informa7 tion and to conduct independent investigations 

8 of consumers’ disputes. These ongoing problems 

9 demonstrate the need for legislation to— 

10 (i) enhance obligations on furnishers 

11 to substantiate information and require 

12 furnishers to keep records for the same 

13 amount of time that adverse information 

14 about these accounts may appear on a per15 son’s consumer report; 

16 (ii) eliminate CRAs’ discretion to de17 termine the relevancy of materials provided 

18 by consumers to support their dispute 

19 claims by instead requiring them to pass 

20 all material onto furnishers and elimi21 nating CRA’s discretion to deem some dis22 putes frivolous or irrelevant when a con23 sumer resubmits a claim that they believe 

24 has been inadequately resolved; 


pbinns on DSK79D2C42PROD with BILLS
15 

•HR 3642 IH

1 (iii) enhance educational content on 

2 CRAs’ websites to improve consumers’ un3 derstanding of the dispute process and to 

4 make it easier for all consumers to initiate 

5 claims, including by providing these disclo6 sures in other languages besides English; 

7 and 

8 (iv) create a new consumer right to 

9 appeal reviews by CRAs and furnishers of 

10 the initial disputes. 

11 (3) INJUNCTIVE RELIEF.— 

12 (A) Despite the fact that the FCRA cur13 rently provides implicit authority for injunctive 

14 relief, consumers have been prevented from ex15 ercising this right. Legislation explicitly clari16 fying this right is intended to underscore con17 gressional intent that injunctive relief should be 

18 viewed as a remedy available to consumers. 

19 (B) Myriad findings by the courts, regu20 lators, consumers, and consumer advocates 

21 make clear that CRAs have failed to establish 

22 adequate standards for the accuracy and com23 pleteness of consumer reports, yet the nation24 wide CRAs have demonstrated little willingness 


pbinns on DSK79D2C42PROD with BILLS
16 

•HR 3642 IH

1 to voluntarily retool their policies and proce2 dures to fix the problems. 

3 (C) Providing courts with explicit authority 

4 to issue injunctive relief, by telling the CRAs to 

5 remedy unlawful practices and procedures, 

6 would further CRAs’ mandate under the FCRA 

7 to assure the maximum possible accuracy and 

8 completeness of information contained on credit 

9 reports. 

10 (D) Absent explicit authority to issue in11 junctions, history suggests that the nationwide 

12 CRAs are likely to continue conducting business 

13 as usual in treating any monetary settlements 

14 with individual consumers and fines imposed by 

15 State attorneys general and Federal regulators, 

16 simply as the ‘‘cost of doing business’’. 

17 (4) DECEPTIVE AND MISLEADING MARKETING

18 PRACTICES.— 

19 (A) The Consumer Bureau’s February 

20 2015 report titled ‘‘Consumer Voices on Credit 

21 Reports and Scores’’ found that some con22 sumers did not obtain a copy of their consumer 

23 report due to concerns about security or of 

24 being trapped into purchasing unwanted prodVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
17 

•HR 3642 IH

1 ucts like an additional report or a credit moni2 toring service. 

3 (B) In January 2017, the Consumer Bu4 reau fined TransUnion and Equifax for decep5 tively marketing credit scores for purchase by 

6 consumers as the same credit scores typically 

7 used by lenders to determine creditworthiness 

8 and for luring consumers into costly subscrip9 tion services that were advertised as ‘‘free’’ or 

10 ‘‘$1’’ that automatically charged recurring fees 

11 unless cancelled by consumers. The Consumer 

12 Bureau also found that Equifax was illegally 

13 advertising its products on webpages that con14 sumers accessed through 

15 AnnualCreditReport.com before consumers ob16 tained their free disclosures. Because of these 

17 troubling practices, TransUnion was ordered to 

18 pay $13.9 million in restitution to harmed con19 sumers and a civil penalty of $3 million to the 

20 Consumer Bureau. Equifax was ordered to pay 

21 more than $3.7 million to affected consumers 

22 as well as a civil money penalty of $2.5 million 

23 to the Consumer Bureau. As part of the con24 sent orders, the CRAs are also supposed to 

25 change the way that they sell their products to 


pbinns on DSK79D2C42PROD with BILLS
18 

•HR 3642 IH

1 consumers. The CRAs must also obtain con2 sumers’ express consent before enrolling them 

3 into subscription services as well as make it 

4 easer for consumers to cancel these programs. 

5 (C) The Consumer Bureau fined the other 

6 nationwide CRA—Experian—in March 2017 

7 for deceiving consumers about the use of credit 

8 scores that it marketed and sold to consumers 

9 as credit scores that were used by lenders and 

10 for illegally advertising its products on web 

11 pages that consumers accessed through 

12 AnnualCreditReport.com before they obtained 

13 their free annual disclosures. Experian was or14 dered to pay more than $3.7 million in restitu15 tion to harmed consumers and a civil monetary 

16 penalty of $2.5 million to the Consumer Bu17 reau. 

18 (D) The Consumer Bureau’s January and 

19 March 2017 consent orders with the three na20 tionwide CRAs show that these CRAs have en21 ticed consumers into purchasing products and 

22 services that they may not want or need, in 

23 some instances by advertising products or serv24 ices ‘‘free’’ that automatically converted into an 

25 ongoing subscription service at the regular price 


pbinns on DSK79D2C42PROD with BILLS
19 

•HR 3642 IH

1 unless cancelled by the consumer. Although 

2 these CRAs must now change their deceptive 

3 marketing practices, codifying these duties is an 

4 appropriate way to ensure that these companies 

5 never revert back to such misleading tactics. 

6 (E) Given the ubiquitous use of consumer 

7 reports in consumers’ lives and the fact that 

8 consumers’ participation in the credit reporting 

9 system is involuntary, CRAs should also 

10 prioritize providing consumers with the effective 

11 means to safeguard their personal and financial 

12 information and improve their credit standing, 

13 rather than seeking to exploit consumers’ con14 cerns and confusion about credit reporting and 

15 scoring, to boost their companies’ profits. 

16 (F) Vulnerable consumers, who have legiti17 mate concerns about the security of their per18 sonal and financial information, deserve clear, 

19 accurate, and transparent information about 

20 the credit reporting tools that may be available 

21 to them, such as fraud alerts and freezes. 

22 SEC. 3. EFFECTIVE DATE. 

23 The amendments made by this Act shall take effect 

24 2 years after the date of the enactment of this Act. 


pbinns on DSK79D2C42PROD with BILLS
20 

•HR 3642 IH

1 SEC. 4. GENERAL BUREAU RULEMAKING. 

2 Except as otherwise provided, not later than the end 

3 of the 2-year period beginning on the date of the enact4 ment of this Act, the Bureau of Consumer Financial Pro5 tection shall issue final rules to implement the amend6 ments made by this Act. 

7 TITLE I—IMPROVEMENTS TO 

8 THE DISPUTE PROCESS 

9 SEC. 101. DISPUTE PROCEDURES AND DISCLOSURES RE10 LATING TO REINVESTIGATIONS. 

11 (a) IN GENERAL.—Section 611(a) of the Fair Credit 

12 Reporting Act (15 U.S.C. 1681i(a)) is amended to read 

13 as follows: 

14 ‘‘(a) REINVESTIGATIONS OF DISPUTED INFORMA15 TION BY A CONSUMER REPORTING AGENCY.— 

16 ‘‘(1) REINVESTIGATIONS REQUIRED.— 

17 ‘‘(A) IN GENERAL.—Subject to subsection 

18 (f), if the completeness or accuracy of any item 

19 of information contained in a consumer’s file at 

20 a consumer reporting agency is disputed by the 

21 consumer and the consumer notifies the agency 

22 (either directly or indirectly through a reseller 

23 or an authorized third party) of such dispute, 

24 the agency shall, free of charge— 

25 ‘‘(i) conduct a reasonable reinvestiga26 tion using the process described in paraVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
21 

•HR 3642 IH

1 graph (3) to determine whether the dis2 puted information is inaccurate, incom3 plete, or cannot be verified; 

4 ‘‘(ii) notify the consumer that a nota5 tion described in section 605(e) will be 

6 added to the consumer’s file until the re7 investigation has been completed and that 

8 such notation can be removed at the re9 quest of the consumer; and 

10 ‘‘(iii) before the end of the 30-day pe11 riod beginning on the date on which the 

12 consumer reporting agency receives the no13 tice of the dispute from the consumer or 

14 the reseller— 

15 ‘‘(I) record the current status of 

16 the disputed information; or 

17 ‘‘(II) delete or modify the item in 

18 accordance with paragraph (3)(D). 

19 ‘‘(B) EXTENSION OF PERIOD TO REINVES20 TIGATE.—Except as provided in subparagraph 

21 (C), the 30-day period described in subpara22 graph (A) may be extended for period not to ex23 ceed 15 days if the consumer reporting agency 

24 receives additional information from the con25 sumer or the reseller regarding the dispute 


pbinns on DSK79D2C42PROD with BILLS
22 

•HR 3642 IH

1 after the date on which the consumer reporting 

2 agency notified any person who provided any 

3 item of information in dispute under paragraph 

4 (2)(A). 

5 ‘‘(C) LIMITATIONS ON EXTENSION OF PE6 RIOD TO REINVESTIGATE.—Subparagraph (B) 

7 shall not apply to any reinvestigation in which, 

8 during the 30-day period described in subpara9 graph (A), the disputed information is found to 

10 be inaccurate or incomplete, or the consumer 

11 reporting agency determines that the disputed 

12 information cannot be verified. 

13 ‘‘(2) PROMPT NOTICE OF DISPUTE TO FUR14 NISHER OF INFORMATION; PROVISION OF INFORMA15 TION REGARDING DISPUTE PROVIDED BY THE CON16 SUMER OR RESELLER.— 

17 ‘‘(A) IN GENERAL.—Before the end of the 

18 period of 5 business days beginning on the date 

19 on which a consumer reporting agency receives 

20 notice of a dispute from any consumer or re21 seller under paragraph (1)(A), the consumer re22 porting agency shall provide notification of the 

23 dispute to any person who provided any item of 

24 information in dispute, at the address and in 

25 the manner established with such person. The 


pbinns on DSK79D2C42PROD with BILLS
23 

•HR 3642 IH

1 notice shall include all information, including 

2 substantiating documents, regarding the dispute 

3 that was submitted to the consumer reporting 

4 agency. 

5 ‘‘(B) PROVISION OF ADDITIONAL INFORMA6 TION REGARDING DISPUTE AFTER NOTIFICA7 TION TO THE FURNISHER OF INFORMATION.— 

8 If a consumer reporting agency receives addi9 tional information regarding the dispute from 

10 the consumer or reseller after the agency pro11 vides the notification described under subpara12 graph (A) and before the end of the 30-day pe13 riod described in paragraph (1)(A), the con14 sumer reporting agency shall, not later than 3 

15 business days after receiving such information, 

16 provide such information to the person who pro17 vided the information in dispute. 

18 ‘‘(3) REASONABLE STANDARDS FOR CONSUMER

19 REPORTING AGENCIES FOR CONDUCTING REINVES20 TIGATIONS AND RESOLVING DISPUTES SUBMITTED

21 BY CONSUMERS.— 

22 ‘‘(A) IN GENERAL.—In conducting a re23 investigation of disputed information, a con24 sumer reporting agency shall, at a minimum— 


pbinns on DSK79D2C42PROD with BILLS
24 

•HR 3642 IH

1 ‘‘(i) maintain sufficient resources and 

2 trained staff, commensurate with the vol3 ume and complexity of disputes received or 

4 reasonably anticipated to be received, to 

5 determine whether the disputed informa6 tion is accurate, complete, or can be 

7 verified by the person who provided the in8 formation; 

9 ‘‘(ii) ensure that all staff involved at 

10 any level of the reinvestigation process, in11 cluding any individual with ultimate au12 thority over determining whether the dis13 puted information is inaccurate, incom14 plete, or cannot be verified, are located 

15 within the United States; 

16 ‘‘(iii) verify that the personally identi17 fiable information of the consumer submit18 ting the dispute matches the personally 

19 identifiable information contained in the 

20 consumer’s file, and that such information 

21 is accurate and complete; 

22 ‘‘(iv) verify that the consumer report23 ing agency has a record of the information 

24 being disputed; and 


pbinns on DSK79D2C42PROD with BILLS
25 

•HR 3642 IH

1 ‘‘(v) conduct a reasonable review that 

2 considers all information, including sub3 stantiating documents, provided by the 

4 consumer or reseller. 

5 ‘‘(B) CONSUMER REPORTING.—The con6 sumer reporting agency shall not impose any 

7 limitation or otherwise impede the ability of a 

8 consumer to submit information about the dis9 puted item. 

10 ‘‘(C) INDEPENDENT ANALYSIS.—The re11 investigation conducted under subparagraph 

12 (A) shall be an independent analysis, separate 

13 from any investigation by a reseller or a person 

14 who provided the disputed information. 

15 ‘‘(D) DELETION OR MODIFICATION OF IN16 FORMATION CONTAINED IN A CONSUMER

17 FILE.—If the disputed information is found to 

18 be inaccurate, incomplete, or cannot be verified, 

19 the dispute resolution staff of the consumer re20 porting agency shall have the direct authority to 

21 delete or modify such information in the con22 sumer’s file, as appropriate, during the 30-day 

23 period described in paragraph (1)(A), shall 

24 promptly notify the consumer of the results of 

25 the reinvestigation as described in paragraph 


pbinns on DSK79D2C42PROD with BILLS
26 

•HR 3642 IH

1 (4), and shall promptly notify any person who 

2 provided such information to the consumer re3 porting agency of the modification or deletion 

4 made to the consumer’s file. 

5 ‘‘(4) NOTICE TO CONSUMER OF RESULTS OF

6 REINVESTIGATION.— 

7 ‘‘(A) IN GENERAL.—Not later than 5 busi8 ness days after the conclusion of a reinvestiga9 tion conducted under this subsection, the con10 sumer reporting agency shall provide written 

11 notice to the consumer of the results of the re12 investigation by postal mail or, if authorized by 

13 the consumer for that purpose, by other means 

14 available to the agency. 

15 ‘‘(B) CONTENTS OF NOTICE TO CONSUMER

16 OF RESULTS OF REINVESTIGATION.—The notice 

17 described in subparagraph (A) shall include— 

18 ‘‘(i) a statement that the reinvestiga19 tion of the disputed information has been 

20 completed; 

21 ‘‘(ii) a statement informing the con22 sumer as to whether the disputed informa23 tion was determined to be inaccurate, in24 complete, or unverifiable, including a stateVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
27 

•HR 3642 IH

1 ment of the specific reasons supporting the 

2 determination; 

3 ‘‘(iii) if information in the consumer’s 

4 file has been deleted or modified as a re5 sult of the reinvestigation— 

6 ‘‘(I) a copy of the consumer re7 port and credit score or educational 

8 score (if applicable) that is based 

9 upon the consumer’s revised file; 

10 ‘‘(II) a statement identifying the 

11 specific information from the con12 sumer’s file that was deleted or modi13 fied because such information was de14 termined to be inaccurate, incomplete, 

15 or unverifiable by the consumer re16 porting agency; 

17 ‘‘(III) a statement that the con18 sumer has the right, free of charge, to 

19 obtain an additional consumer report 

20 and credit score or educational credit 

21 score (if applicable) within the 12- 

22 month period following the date of the 

23 conclusion of the reinvestigation, re24 gardless of whether the consumer ob25 tained or will obtain a free annual 


pbinns on DSK79D2C42PROD with BILLS
28 

•HR 3642 IH

1 consumer report and credit score or 

2 educational score (if applicable) under 

3 section 612; and 

4 ‘‘(IV) a statement that the con5 sumer has the right, free of charge, to 

6 request under subsection (d) that the 

7 consumer reporting agency furnish 

8 notifications of the consumer’s revised 

9 report; 

10 ‘‘(iv) a description of the procedure 

11 used by the dispute resolution staff of the 

12 consumer reporting agency to determine 

13 the accuracy or completeness of the infor14 mation, including the business name, mail15 ing address, telephone number, and Inter16 net website address (if available) of any 

17 person who provided information who was 

18 contacted by the staff in connection with 

19 the determination; 

20 ‘‘(v) a statement that the consumer 

21 has the right, free of charge, to add a nar22 rative statement to the consumer’s file dis23 puting the accuracy or completeness of the 

24 information, regardless of the results of 

25 the reinvestigation by the agency, and the 


pbinns on DSK79D2C42PROD with BILLS
29 

•HR 3642 IH

1 process for submitting such a narrative 

2 pursuant to subsection (b); 

3 ‘‘(vi) a copy of all information relating 

4 to the consumer that was used by the con5 sumer reporting agency in carrying out the 

6 reinvestigation and relied upon as the basis 

7 for the determination about the accuracy 

8 and completeness of the disputed informa9 tion; 

10 ‘‘(vii) a statement that a consumer 

11 may, free of charge, challenge the results 

12 of the reinvestigation by appeal within 120 

13 days after the date the notice of the results 

14 of the reinvestigation was provided to the 

15 consumer and the process for submitting 

16 an appeal; 

17 ‘‘(viii) a statement informing the con18 sumer that a notation described in section 

19 605(e) will be added to the file of the con20 sumer during the period in which the con21 sumer appeals the results of a reinvestiga22 tion and that such notation can be re23 moved at the request of the consumer; and 

24 ‘‘(ix) any other information, as deter25 mined by the Bureau. 


pbinns on DSK79D2C42PROD with BILLS
30 

•HR 3642 IH

1 ‘‘(5) REQUIREMENTS RELATING TO REINSER2 TION OF PREVIOUSLY DELETED OR MODIFIED MATE3 RIAL.— 

4 ‘‘(A) CERTIFICATION OF NEW DETERMINA5 TION THAT ITEM IS ACCURATE OR COM6 PLETE.—A consumer reporting agency may not 

7 reinsert into a consumer’s file any information 

8 that was previously deleted or modified pursu9 ant to paragraph (3)(D), unless the person who 

10 provided the information— 

11 ‘‘(i) requests that the consumer re12 porting agency reinsert such information; 

13 ‘‘(ii) submits a written certification 

14 that the information is accurate and com15 plete; and 

16 ‘‘(iii) provides a statement describing 

17 the specific reasons why the information 

18 should be inserted. 

19 ‘‘(B) NOTICE TO CONSUMER BEFORE RE20 INSERTION CAN OCCUR.—Upon receipt of a re21 quest for reinsertion of disputed information 

22 under subparagraph (A), the consumer report23 ing agency shall, not later than 5 business days 

24 before the consumer reporting agency reinserts 

25 the information into the consumer’s file, notify 


pbinns on DSK79D2C42PROD with BILLS
31 

•HR 3642 IH

1 the consumer in writing of such request for re2 insertion. Such notice shall include— 

3 ‘‘(i) the business name, mailing ad4 dress, telephone number, and Internet 

5 website address (if available) of any person 

6 who provided information to or contacted 

7 the consumer reporting agency in connec8 tion with the reinsertion; 

9 ‘‘(ii) a copy of the information relat10 ing to the consumer, the certification that 

11 the information is accurate or complete, 

12 and the statement of the reasons sup13 porting reinsertion provided by the person 

14 who provided the information to the con15 sumer reporting agency under subpara16 graph (A); 

17 ‘‘(iii) a statement that the consumer 

18 may obtain, free of charge and within the 

19 12-month period following the date the no20 tice under this subparagraph was issued, a 

21 consumer report and credit score or edu22 cational score (if applicable) from the con23 sumer reporting agency that includes the 

24 reinserted information, regardless of 

25 whether the consumer obtained or will obVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
32 

•HR 3642 IH

1 tain a free annual consumer report and 

2 credit score or educational credit score (if 

3 applicable) under section 612; 

4 ‘‘(iv) a statement that the consumer 

5 may appeal the determination that the pre6 viously deleted or modified information is 

7 accurate or complete and a description of 

8 the procedure for the consumer to make 

9 such an appeal pursuant to subsection (h); 

10 and 

11 ‘‘(v) a statement that the consumer 

12 has the right to add a narrative statement, 

13 free of charge, to the consumer’s file dis14 puting the accuracy or completeness of the 

15 disputed information and a description of 

16 the process to add such a narrative state17 ment pursuant to subsection (b). 

18 ‘‘(6) EXPEDITED DISPUTE RESOLUTION.—If a 

19 consumer reporting agency determines that the in20 formation provided by the consumer is sufficient to 

21 substantiate that the item of information is inac22 curate, incomplete, or cannot be verified by the per23 son who furnished such information, and the con24 sumer reporting agency deletes or modifies such in25 formation within 3 business days of receiving notice 


pbinns on DSK79D2C42PROD with BILLS
33 

•HR 3642 IH

1 of the dispute, the consumer reporting agency shall 

2 be exempt from the requirements of paragraph (4), 

3 if the consumer reporting agency provides to the 

4 consumer— 

5 ‘‘(A) prompt notice confirming the deletion 

6 or modification of the information from the con7 sumer’s file in writing or by other means, if 

8 agreed to by the consumer when the informa9 tion is disputed; 

10 ‘‘(B) a statement of the consumer’s right 

11 to request that the consumer reporting agency 

12 furnish notifications of a revised consumer re13 port pursuant to subsection (d); 

14 ‘‘(C) not later than 5 business days after 

15 deleting or modifying the information, a copy of 

16 the consumer report and credit score or edu17 cational score (if applicable) that is based upon 

18 the consumer’s revised file; and 

19 ‘‘(D) a statement that the consumer may 

20 obtain, free of charge and within the 12-month 

21 period following the date the notice under this 

22 paragraph was sent to the consumer, a con23 sumer report and credit score or educational 

24 score (if applicable) from the consumer report25 ing agency, regardless of whether the consumer 


pbinns on DSK79D2C42PROD with BILLS
34 

•HR 3642 IH

1 obtained or will obtain their free annual con2 sumer report and credit score or educational 

3 score (if applicable) under section 612. 

4 ‘‘(7) NO EXCUSE FOR FAILURE TO CONDUCT

5 REINVESTIGATION.—A consumer reporting agency 

6 may not refuse to conduct a reinvestigation under 

7 this subsection because the agency determines that 

8 the dispute was submitted by an authorized third 

9 party, unless the agency has clear and convincing 

10 evidence that the third party is not authorized to 

11 submit the dispute on the consumer’s behalf. If the 

12 consumer reporting agency refuses to reinvestigate a 

13 dispute for these reasons, it shall provide a clear and 

14 conspicuous notice to the consumer explaining the 

15 reasons for the refusal and describing the specific in16 formation the consumer is required to provide for 

17 the agency to conduct the reinvestigation.’’. 

18 (b) ENSURING CONSUMER REPORTING AGENCIES

19 FURNISH CERTAIN NOTIFICATIONS WITHOUT CHARGE.— 

20 Section 611(d) of the Fair Credit Reporting Act (15 

21 U.S.C. 1681i(d)) is amended by inserting ‘‘and without 

22 charge’’ after ‘‘request of the consumer’’. 

23 (c) INCLUDING SPECIALTY CONSUMER REPORTING

24 AGENCIES IN REPORTS.— 


pbinns on DSK79D2C42PROD with BILLS
35 

•HR 3642 IH

1 (1) IN GENERAL.—Section 611(e) of the Fair 

2 Credit Reporting Act (15 U.S.C. 1681i(e)) is 

3 amended by inserting ‘‘or 603(x)’’ after ‘‘section 

4 603(p)’’. 

5 (2) TECHNICAL AMENDMENT.—Paragraph (1) 

6 of such section (15 U.S.C. 1681i(e)(1)) is amended 

7 by striking ‘‘The Commission’’ and inserting ‘‘The 

8 Bureau’’. 

9 (d) CONFORMING AMENDMENTS.—Such Act is fur10 ther amended— 

11 (1) in section 605B(c)(2), by striking ‘‘section 

12 611(a)(5)(B)’’ and inserting ‘‘section 611(a)(5)’’; 

13 (2) in section 611— 

14 (A) in subsection (c), by striking ‘‘unless 

15 there is reasonable grounds to believe that it is 

16 frivolous or irrevelant,’’; and 

17 (B) in subsection (f)(3)— 

18 (i) in subparagraph (A), by striking 

19 ‘‘paragraph (6), (7), or (8) of subsection 

20 (a)’’ and inserting ‘‘paragraph (4) or (5) of 

21 subsection (a)’’; and 

22 (ii) in subparagraph (B), by striking 

23 ‘‘in the manner required under paragraph 

24 (8)(A)’’; and 


pbinns on DSK79D2C42PROD with BILLS
36 

•HR 3642 IH

1 (3) in section 623(b)(1)(B), by striking ‘‘rel2 evant’’ before ‘‘information’’. 

3 (e) GLOBAL TECHNICAL CORRECTIONS TO REF4 ERENCES TO NATIONWIDE SPECIALTY CONSUMER RE5 PORTING AGENCY.—Such Act is further amended— 

6 (1) by striking ‘‘section 603(w)’’ and inserting 

7 ‘‘section 603(x)’’ each place such term appears; and 

8 (2) in section 612(a)(1)(A), by striking ‘‘(w)’’ 

9 and inserting ‘‘(x)’’. 

10 SEC. 102. CONSUMER AWARENESS OF DISPUTE RIGHTS. 

11 Section 611 of the Fair Credit Reporting Act (15 

12 U.S.C. 1681i) is amended by adding at the end the fol13 lowing new subsection: 

14 ‘‘(h) INCREASED CONSUMER AWARENESS OF DIS15 PUTE RIGHTS.— 

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

17 after the date of enactment of this subsection, each 

18 consumer reporting agency described under sub19 section (p) or (x) of section 603 shall— 

20 ‘‘(A) establish an Internet website acces21 sible to consumers; and 

22 ‘‘(B) post on the home page of such 

23 website a hyperlink to a separate webpage es24 tablished and maintained solely for the purpose 

25 of providing information to a consumer about 


pbinns on DSK79D2C42PROD with BILLS
37 

•HR 3642 IH

1 how to dispute an item of information in the 

2 consumer report of the consumer. 

3 ‘‘(2) DISPUTE WEBPAGE REQUIREMENTS.—For 

4 a consumer reporting agency described under sub5 section (p) or (x) of section 603, the separate dis6 pute webpage described in paragraph (1)(B)— 

7 ‘‘(A) may not include any type or form of 

8 marketing, advertising, information, or material 

9 associated with any products or services offered 

10 or sold to consumers; 

11 ‘‘(B) shall clearly and conspicuously dis12 close a concise statement regarding how to file 

13 a dispute through the agency, free of charge, in 

14 the manner and format prescribed by the Bu15 reau; 

16 ‘‘(C) shall describe the types of documents 

17 that will be used by the agency in resolving the 

18 dispute, including the business name and mail19 ing address to which a consumer may send such 

20 documents; 

21 ‘‘(D) shall include a clear and concise ex22 planation of and the process for using electronic 

23 or other means to submit such documents, free 

24 of charge, and without any character or data 

25 limitation imposed by the agency; 


pbinns on DSK79D2C42PROD with BILLS
38 

•HR 3642 IH

1 ‘‘(E) shall include a statement that the 

2 consumer may submit information, free of 

3 charge, that the consumer believes will assist 

4 the consumer reporting agency in determining 

5 the results of the reinvestigation of the dispute; 

6 ‘‘(F) shall clearly and conspicuously dis7 close a statement describing the procedure like8 ly to be used by the consumer reporting agency 

9 in carrying out a reinvestigation to determine 

10 the accuracy or completeness of the disputed 

11 item of information, including the time period 

12 in which the consumer will be notified of the re13 sults of the reinvestigation, and a statement 

14 that the agency may extend the reinvestigation 

15 period by an additional 15 days if the consumer 

16 submits additional information after a certain 

17 date; and 

18 ‘‘(G) shall provide translations of all infor19 mation on the webpage in each of the 10 most 

20 commonly spoken languages, other than 

21 English, in the United States, as determined by 

22 the Bureau of the Census on an ongoing basis, 

23 and in formats accessible to individuals with 

24 hearing or vision impairments.’’. 


pbinns on DSK79D2C42PROD with BILLS
39 

•HR 3642 IH

1 SEC. 103. MAINTENANCE OF RECORDS BY FURNISHERS. 

2 Section 623 of the Fair Credit Reporting Act (15 

3 U.S.C. 1681s–2) is amended by adding at the end the fol4 lowing new subsection: 

5 ‘‘(f) DUTY OF FURNISHERS TO MAINTAIN RECORDS

6 OF CONSUMERS.— 

7 ‘‘(1) IN GENERAL.—A person who furnishes in8 formation to a consumer reporting agency relating 

9 to a consumer who has an account with that person 

10 shall maintain all information necessary to substan11 tiate the accuracy and completeness of the informa12 tion furnished, including any records establishing the 

13 liability and terms and conditions under which credit 

14 was extended to a consumer and any payment his15 tory with respect to such credit. 

16 ‘‘(2) RETENTION PERIOD.—Records described 

17 under paragraph (1) shall be maintained until the 

18 information with respect to which the records relate 

19 may no longer be included in a consumer report pur20 suant to sections 605. 

21 ‘‘(3) TRANSFER OF OWNERSHIP.—If a person 

22 providing information to a consumer reporting agen23 cy is acquired by another person, or if another per24 son acquires the right to repayment connected to 

25 such information, the acquiring person shall be sub26 ject to the requirements of this subsection with reVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
40 

•HR 3642 IH

1 spect to such information to the same extent as the 

2 person who initially provided such information to the 

3 consumer reporting agency. The person selling or 

4 transferring the right to repayment shall provide the 

5 information described in paragraph (1) to the trans6 feree or the acquirer.’’. 

7 SEC. 104. DUTIES OF FURNISHERS RELATING TO DISPUTE 

8 PROCEDURES, NOTICES, AND DISCLOSURES. 

9 (a) DUTY TO PROVIDE ACCURATE AND COMPLETE

10 INFORMATION.—Section 623(a) of the Fair Credit Re11 porting Act (15 U.S.C. 1681s–2(a)) is amended— 

12 (1) in the subsection heading, by inserting 

13 ‘‘AND COMPLETE’’ after ‘‘ACCURATE’’; 

14 (2) in paragraph (1)— 

15 (A) by inserting ‘‘or incomplete’’ after ‘‘in16 accurate’’ each place that term appears; and 

17 (B) in subparagraph (D), by inserting ‘‘or 

18 completeness’’ after ‘‘accuracy’’; and 

19 (3) in paragraph (8)— 

20 (A) in subparagraph (A), by inserting 

21 ‘‘and completeness’’ after ‘‘accuracy’’; and 

22 (B) in subparagraph (D), by inserting ‘‘or 

23 completeness’’ after ‘‘accuracy’’. 


pbinns on DSK79D2C42PROD with BILLS
41 

•HR 3642 IH

1 (b) NEGATIVE INFORMATION NOTICES TO CON2 SUMERS.—Section 623(a)(7) (15 U.S.C. 1681s–2(a)(7)) 

3 of such Act is amended to read as follows: 

4 ‘‘(7) DUTY OF FURNISHERS TO INFORM CON5 SUMERS ABOUT REPORTING NEGATIVE INFORMA6 TION.— 

7 ‘‘(A) GENERAL NEGATIVE INFORMATION

8 WARNING NOTICE TO ALL CONSUMERS PRIOR

9 TO FURNISHING SUCH INFORMATION.— 

10 ‘‘(i) IN GENERAL.—Any person that 

11 regularly furnishes negative information to 

12 a consumer reporting agency described in 

13 subsection (p) or (x) of section 603 about 

14 activity on any accounts of a consumer 

15 held by such person or transactions associ16 ated with credit extended to a consumer by 

17 such person shall provide a written general 

18 negative information warning notice to 

19 each such consumer before such person 

20 may furnish any negative information re21 lating to such a consumer. 

22 ‘‘(ii) CONTENT.—Such notice shall— 

23 ‘‘(I) be clear and conspicuous; 


pbinns on DSK79D2C42PROD with BILLS
42 

•HR 3642 IH

1 ‘‘(II) describe the types of activi2 ties that constitute negative informa3 tion; 

4 ‘‘(III) inform the consumer that 

5 the person may report negative infor6 mation relating to any such accounts 

7 or transactions to a consumer report8 ing agency described in subsection (p) 

9 or (x) of section 603; 

10 ‘‘(IV) state that the negative in11 formation may appear on a consumer 

12 report of the consumer for the periods 

13 described in section 605 and that dur14 ing such periods, the negative infor15 mation may adversely impact the con16 sumer’s credit score; 

17 ‘‘(V) state that in some limited 

18 circumstances, the negative informa19 tion may result in other adverse ac20 tions, including a denial of a new job 

21 or a promotion from existing employ22 ment; and 

23 ‘‘(VI) state that the consumer 

24 has right to— 


pbinns on DSK79D2C42PROD with BILLS
43 

•HR 3642 IH

1 ‘‘(aa) obtain a copy of their 

2 consumer report and credit score 

3 or educational score (if applica4 ble), which in some instances can 

5 be obtained free of charge, from 

6 any consumer reporting agency 

7 to which negative information 

8 may be been sent; and 

9 ‘‘(bb) dispute, free of 

10 charge, any errors on a consumer 

11 report relating to the consumer. 

12 ‘‘(iii) TIMING OF NOTICE.—Such per13 son shall provide such notice to a consumer 

14 not later than 90 days before the date on 

15 which the person furnishes negative infor16 mation relating to such consumer. 

17 ‘‘(B) SPECIFIC NEGATIVE INFORMATION

18 NOTICE TO A CONSUMER.— 

19 ‘‘(i) IN GENERAL.—Any person de20 scribed in subparagraph (A) that has fur21 nished negative information relating to ac22 tivity on any accounts of a consumer held 

23 by such person or transactions associated 

24 with credit extended to a consumer by such 

25 person to a consumer reporting agency deVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
44 

•HR 3642 IH

1 scribed in subsection (p) or (x) of section 

2 603 shall send a written notice to each 

3 such consumer. 

4 ‘‘(ii) CONTENT.—Such notice shall— 

5 ‘‘(I) be clear and conspicuous; 

6 ‘‘(II) inform the consumer that 

7 the person has furnished negative in8 formation relating to such accounts or 

9 transactions to a consumer reporting 

10 agency described in subsection (p) or 

11 (x) of section 603; 

12 ‘‘(III) identify any consumer re13 porting agency to which the negative 

14 information was furnished, including 

15 the name of the agency, mailing ad16 dress, Internet website address, and 

17 toll-free telephone number; and 

18 ‘‘(IV) include the statements de19 scribed in subclauses (IV), (V), and 

20 (VI) of subparagraph (A)(ii). 

21 ‘‘(iii) TIME OF NOTICE.—Such person 

22 shall provide such notice to a consumer not 

23 later than 5 business days after the date 

24 on which the person furnished negative in25 formation relating to such consumer. 


pbinns on DSK79D2C42PROD with BILLS
45 

•HR 3642 IH

1 ‘‘(C) NOTICE EFFECTIVE FOR SUBSE2 QUENT SUBMISSIONS.—After providing the no3 tice described in subparagraph (B), the person 

4 may submit additional negative information to 

5 a consumer reporting agency described in sub6 section (p) or (x) of section 603 without pro7 viding additional notice to the consumer, unless 

8 another person acquires the right to repayment 

9 connected to the additional negative informa10 tion. The acquiring person shall be subject to 

11 the requirements of this paragraph and shall be 

12 required to send consumers the written notices 

13 described in this paragraph, if applicable. 

14 ‘‘(D) NON-TRADITIONAL DATA FUR15 NISHERS.—Any person that furnishes negative 

16 information to a consumer reporting agency de17 scribed in subsection (p) or (x) of section 603 

18 relating to any accounts of, or transactions as19 sociated with, a consumer by such person in20 volving non-traditional data shall be subject to 

21 the requirements described in subparagraphs 

22 (A), (B), and (C). 

23 ‘‘(E) MODEL NOTICES.— 

24 ‘‘(i) DUTY OF BUREAU.—Not later 

25 than 6 months after date of the enactment 


pbinns on DSK79D2C42PROD with BILLS
46 

•HR 3642 IH

1 of this paragraph, the Bureau shall issue 

2 model forms for the notices described in 

3 subparagraphs (A) and (B) that a person 

4 may use to comply with the requirements 

5 of this paragraph. 

6 ‘‘(ii) USE OF MODEL NOTICE NOT RE7 QUIRED.—No provision of this paragraph 

8 may be construed to require a person to 

9 use the model notices prescribed by the 

10 Bureau. 

11 ‘‘(iii) COMPLIANCE USING MODEL NO12 TICES.—A person shall be deemed to be in 

13 compliance with the requirements of sub14 paragraph (A)(ii) or (B)(ii) (as applicable) 

15 if the person uses the model notice pre16 scribed by the Bureau. 

17 ‘‘(F) ISSUANCE OF GENERAL NEGATIVE

18 WARNING NOTICE WITHOUT SUBMITTING NEGA19 TIVE INFORMATION.—No provision of this para20 graph may be construed to require a person de21 scribed in subparagraph (A) or (D) to furnish 

22 negative information about a consumer to a 

23 consumer reporting agency described in sub24 section (p) or (x) of section 603. 


pbinns on DSK79D2C42PROD with BILLS
47 

•HR 3642 IH

1 ‘‘(G) SAFE HARBOR.—A person shall not 

2 be liable for failure to perform the duties re3 quired by this paragraph if the person reason4 ably believes that the person is prohibited, by 

5 law, from contacting the consumer. 

6 ‘‘(H) EFFECTIVE DATE.—The require7 ments of subparagraphs (A), (B), (C), and (D) 

8 shall not take effect until the date that is 6 

9 months after the date of the issuance of model 

10 forms for notices under subparagraph (E). 

11 ‘‘(I) DEFINITIONS.—In this paragraph, the 

12 following definitions shall apply: 

13 ‘‘(i) NEGATIVE INFORMATION.—The 

14 term ‘negative information’ means infor15 mation concerning a consumer’s delin16 quencies, late payments, insolvency, or any 

17 form of default. 

18 ‘‘(ii) NON-TRADITIONAL DATA.—The 

19 term ‘non-traditional data’ relates to tele20 communications payments, utility pay21 ments, rent payments, remittances, wire 

22 transfers, and such other items as deter23 mined by the Bureau.’’. 

24 (c) DUTIES OF FURNISHERS AFTER RECEIVING NO25 TICE OF DISPUTE FROM A CONSUMER.—Section 


pbinns on DSK79D2C42PROD with BILLS
48 

•HR 3642 IH

1 623(a)(8)(E) of the Fair Credit Reporting Act (15 U.S.C. 

2 1681s–2(a)(8)(E)) is amended to read as follows: 

3 ‘‘(E) DUTIES OF FURNISHERS AFTER RE4 CEIVING NOTICE OF DISPUTE FROM A CON5 SUMER.—After receiving a notice of dispute 

6 from a consumer pursuant to subparagraph 

7 (D), the person that provided the information 

8 in dispute to a consumer reporting agency 

9 shall— 

10 ‘‘(i) promptly provide to each con11 sumer reporting agency to which the per12 son furnished the disputed information the 

13 notice of dispute; 

14 ‘‘(ii) review all information, including 

15 any substantiating documents, provided by 

16 the consumer about the disputed informa17 tion and conduct an investigation, separate 

18 from any reinvestigation by a consumer re19 porting agency or a reseller conducted with 

20 respect to the disputed information; 

21 ‘‘(iii) before the expiration of the pe22 riod under section 611(a)(1) within which 

23 a consumer reporting agency would be re24 quired to complete its action if the con25 sumer had elected to dispute the informaVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
49 

•HR 3642 IH

1 tion under that section, complete an inves2 tigation of the disputed information pursu3 ant to the standards described in subpara4 graph (G); 

5 ‘‘(iv) notify the consumer, in writing, 

6 of the receipt of the dispute that in7 cludes— 

8 ‘‘(I) a statement about any infor9 mation additional to the information 

10 that the person is required to main11 tain under subsection (f) that would 

12 support the person’s ability to carry 

13 out an investigation to resolve the 

14 consumer’s dispute; and 

15 ‘‘(II) a statement that the con16 sumer reporting agency to which the 

17 disputed information was provided will 

18 include a notation described in section 

19 605(e) in the consumer’s file until the 

20 investigation has been completed, and 

21 information about how a consumer 

22 may request that such notation is re23 moved by the agency; 

24 ‘‘(v) if the investigation determines 

25 the disputed information is inaccurate, inVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
50 

•HR 3642 IH

1 complete, or unverifiable, promptly notify 

2 each consumer reporting agency to which 

3 the person furnished such information in 

4 accordance with paragraph (2); and 

5 ‘‘(vi) notify the consumer of the re6 sults of the investigation, in writing, in ac7 cordance with subparagraph (H).’’. 

8 (d) ELIMINATING FURNISHERS’ AUTHORITY TO DIS9 MISS DISPUTES AS FRIVOLOUS OR IRRELEVANT.—Section 

10 623(a)(8) of such Act (15 U.S.C. 1681s–2(a)(8)) is 

11 amended by striking subparagraph (F) and redesignating 

12 subparagraph (G) as subparagraph (F). 

13 (e) ADDITIONAL DUTIES.—Section 623(a)(8) of such 

14 Act (15 U.S.C. 1681s–2(a)(8)) is further amended by add15 ing at the end the following new subparagraphs: 

16 ‘‘(G) REASONABLE STANDARDS FOR FUR17 NISHERS FOR CONDUCTING INVESTIGATIONS

18 AND RESOLVING DISPUTES SUBMITTED BY CON19 SUMERS.—In any investigation conducted by a 

20 person who furnishes information to a con21 sumer reporting agency of an item of informa22 tion being disputed by a consumer, the person, 

23 at a minimum— 

24 ‘‘(i) shall maintain sufficient resources 

25 and trained staff, commensurate with the 


pbinns on DSK79D2C42PROD with BILLS
51 

•HR 3642 IH

1 volume and complexity of disputes received 

2 or reasonably anticipated to be received, to 

3 conduct investigations; 

4 ‘‘(ii) shall verify that the person has a 

5 record of the particular information being 

6 disputed, consistent with the requirements 

7 of subsection (f); 

8 ‘‘(iii) shall verify that the personally 

9 identifiable information of the consumer 

10 submitting the dispute matches the person11 ally identifiable information contained on 

12 such records; 

13 ‘‘(iv) shall conduct a reasonable re14 view to determine whether the disputed in15 formation is accurate, complete, and can 

16 be verified that considers all the informa17 tion, including any substantiating docu18 ments, provided by the consumer about the 

19 disputed information; 

20 ‘‘(v) shall ensure that the investiga21 tion is an independent analysis that is sep22 arate from any reinvestigation by a con23 sumer reporting agency or a reseller con24 ducted with respect to the disputed infor25 mation; and 


pbinns on DSK79D2C42PROD with BILLS
52 

•HR 3642 IH

1 ‘‘(vi) may not impose any limitations 

2 or otherwise impede the ability of a con3 sumer to submit information, including 

4 any substantiating documents, about the 

5 disputed information. 

6 ‘‘(H) CONTENTS OF THE NOTICE TO THE

7 CONSUMER ABOUT THE RESULTS OF THE IN8 VESTIGATION BY THE FURNISHER.—The notice 

9 of the results of the investigation described in 

10 subparagraph (E) shall include— 

11 ‘‘(i) a statement informing the con12 sumer as to whether the disputed informa13 tion was determined to be inaccurate, in14 complete, or unverifiable; 

15 ‘‘(ii) a statement of the specific rea16 sons supporting the results of the inves17 tigation; 

18 ‘‘(iii) a description of the procedure 

19 used by the dispute resolution staff of the 

20 person who furnishes information to a con21 sumer reporting agency to determine the 

22 accuracy or completeness of the informa23 tion, including the business name, mailing 

24 address, telephone number, and Internet 

25 website address (if available) of any person 


pbinns on DSK79D2C42PROD with BILLS
53 

•HR 3642 IH

1 who was contacted by the staff in connec2 tion with the determination; 

3 ‘‘(iv) a copy of all information relating 

4 to the consumer that was used in carrying 

5 out the investigation and was the basis for 

6 any determination about the accuracy or 

7 completeness of the disputed information; 

8 ‘‘(v) a statement that consumer will 

9 receive, free of charge, a copy of their con10 sumer report and credit score or edu11 cational credit score (if applicable), from 

12 any consumer reporting agency to which 

13 the disputed information had been pro14 vided, regardless of whether the consumer 

15 obtained or will obtain a free consumer re16 port and credit score or educational credit 

17 score (if applicable) in the 12-month period 

18 preceding receipt of the notice described in 

19 this subparagraph pursuant to section 

20 612(a)(1); 

21 ‘‘(vi) if the disputed information was 

22 found to be inaccurate, incomplete, or un23 verifiable, a statement that the consumer 

24 report of the consumer shall be revised to 


pbinns on DSK79D2C42PROD with BILLS
54 

•HR 3642 IH

1 reflect the change to the consumer’s file as 

2 a result of the investigation; 

3 ‘‘(vii) a statement that the consumer 

4 has the right to appeal the results of the 

5 investigation under paragraph (10), free of 

6 charge, within 120 days after the date of 

7 the notice of the results of the investiga8 tion was provided to the consumer and the 

9 process for submitting an appeal; 

10 ‘‘(viii) a statement that the consumer 

11 may add a narrative statement, free of 

12 charge, to the consumer’s file held by the 

13 consumer reporting agency to which the in14 formation has been furnished disputing the 

15 accuracy or completeness of the informa16 tion, regardless of the results of the inves17 tigation by the person, and the process for 

18 contacting any agency that received the 

19 consumer’s information from the person to 

20 submit a narrative statement; 

21 ‘‘(ix) a statement informing the con22 sumer that a notation described in section 

23 605(e) will be added to the consumer’s file 

24 during the period in which the consumer 

25 appeals the results of an investigation and 


pbinns on DSK79D2C42PROD with BILLS
55 

•HR 3642 IH

1 that such notation can be removed at the 

2 request of the consumer; and 

3 ‘‘(x) a statement that the consumer 

4 has the right to request a copy of their 

5 consumer report and credit score or edu6 cational credit score (if applicable), free of 

7 charge, within the 12-month period fol8 lowing the date of the conclusion of the in9 vestigation from any consumer reporting 

10 agency in which the disputed information 

11 had been provided, regardless of whether 

12 the consumer obtained or will obtain a free 

13 annual consumer report and credit score or 

14 educational credit score (if applicable) 

15 under this subparagraph or section 

16 612(a)(1).’’. 

17 (f) CONFORMING AMENDMENT.—Section 

18 615(a)(4)(B) is amended— 

19 (1) by striking ‘‘, under section 611, with a 

20 consumer reporting agency’’; and 

21 (2) by striking ‘‘furnished by the agency’’ and 

22 inserting ‘‘to a consumer reporting agency under 

23 section 611 or to a person who furnished informa24 tion to an agency under section 623’’. 


pbinns on DSK79D2C42PROD with BILLS
56 

•HR 3642 IH

1 SEC. 105. RIGHT TO APPEAL DISPUTES RELATING TO RE2 INVESTIGATIONS AND INVESTIGATIONS. 

3 (a) APPEALS OF REINVESTIGATIONS CONDUCTED BY

4 A CONSUMER REPORTING AGENCY.—Section 611 of the 

5 Fair Credit Reporting Act (15 U.S.C. 1681i) is amend6 ed— 

7 (1) in subsection (b), by inserting ‘‘or if the 

8 consumer is unsatisfied with the results of an appeal 

9 conducted under subsection (h),’’ after ‘‘resolve the 

10 dispute,’’; and 

11 (2) by inserting after subsection (h) (as added 

12 by section 102) the following new subsection: 

13 ‘‘(i) CONSUMER RIGHT TO APPEAL RESULTS OF A

14 CONSUMER REPORTING AGENCY REINVESTIGATION.— 

15 ‘‘(1) IN GENERAL.—Within 120 days after the 

16 date of receipt of the results of a reinvestigation 

17 conducted under subsection (a), a consumer (or au18 thorized third party) may, free of charge, appeal the 

19 results of such reinvestigation by submitting a notice 

20 of appeal to the consumer reporting agency. 

21 ‘‘(2) NOTICE OF APPEAL.— 

22 ‘‘(A) REQUIREMENTS.—A notice of appeal 

23 described in paragraph (1) may be submitted in 

24 writing, or through a toll-free telephone number 

25 or other electronic means established by the 

26 consumer reporting agency (including on the 


pbinns on DSK79D2C42PROD with BILLS
57 

•HR 3642 IH

1 Internet website described in subsection (g)), 

2 and— 

3 ‘‘(i) shall identify the information con4 tained in the consumer’s file that is the 

5 subject of the appeal; 

6 ‘‘(ii) shall describe the specific reasons 

7 for submitting the notice of appeal; and 

8 ‘‘(iii) may provide any information the 

9 consumer believes is relevant to substan10 tiate the validity of the dispute. 

11 ‘‘(B) CONSUMER REPORTING AGENCY NO12 TICE TO CONSUMER.—Upon receipt of such no13 tice of appeal, the consumer reporting agency 

14 shall promptly provide to the consumer a state15 ment confirming the receipt of the consumer’s 

16 notice of appeal that shall include— 

17 ‘‘(i) an approximate date on which the 

18 consumer’s appeal review will be com19 pleted; 

20 ‘‘(ii) the process and procedures by 

21 which such review will be conducted; and 

22 ‘‘(iii) an employee reference number 

23 or other employee identifier for each of the 

24 specific individuals designated by the con25 sumer reporting agency who, upon the reVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
58 

•HR 3642 IH

1 quest of the consumer, may discuss the 

2 substance and status of the appeal. 

3 ‘‘(3) CONSUMER REPORTING AGENCY REQUIRE4 MENTS UPON RECEIPT OF NOTICE OF APPEAL.— 

5 ‘‘(A) IN GENERAL.—Not later than 20 

6 days after receiving a notice of appeal, the con7 sumer reporting agency shall review the appeal. 

8 If the consumer reporting agency determines 

9 the information is inaccurate, incomplete, or 

10 cannot be verified, the consumer reporting 

11 agency shall delete or modify the item of infor12 mation being disputed by the consumer from 

13 the file of the consumer before the end of the 

14 20-day period beginning on the date on which 

15 the consumer reporting agency receives a notice 

16 of an appeal from the consumer. 

17 ‘‘(B) NOTICE OF APPEAL TO FURNISHER; 

18 INFORMATION REGARDING DISPUTE PROVIDED

19 BY THE CONSUMER.— 

20 ‘‘(i) IN GENERAL.—Before the end of 

21 the period of 3 business days beginning on 

22 the date on which a consumer reporting 

23 agency receives a notice of appeal, the con24 sumer reporting agency shall provide no25 tice of the appeal, including all information 


pbinns on DSK79D2C42PROD with BILLS
59 

•HR 3642 IH

1 relating to the specific appeal that the con2 sumer reporting agency has received from 

3 the consumer, to any person who provided 

4 any information in dispute. 

5 ‘‘(ii) PROVISION OF ADDITIONAL IN6 FORMATION REGARDING THE DISPUTE.—If 

7 the consumer reporting agency receives ad8 ditional information from the consumer 

9 after the agency provides the notice re10 quired under clause (i) and before the end 

11 of the 20-day period described in subpara12 graph (A), the consumer reporting agency 

13 shall, not later than 3 business days after 

14 receiving such information, provide such 

15 information to any person who provided 

16 the information in dispute and shall have 

17 an additional 10 business days to complete 

18 the appeal review. 

19 ‘‘(C) MINIMUM STANDARDS FOR APPEALS

20 EMPLOYEES.— 

21 ‘‘(i) DESIGNATION.—Upon receipt of 

22 a notice of appeal under paragraph (1), a 

23 consumer reporting agency shall designate 

24 one or more specific employees who— 


pbinns on DSK79D2C42PROD with BILLS
60 

•HR 3642 IH

1 ‘‘(I) shall be assigned an em2 ployee reference number or other em3 ployee identifier that can be used by 

4 the consumer to discuss the appeal 

5 with the specific individuals handling 

6 the appeal; 

7 ‘‘(II) shall have direct authority 

8 to resolve the dispute that is the sub9 ject of the notice of appeal from the 

10 review stage to its completion; 

11 ‘‘(III) shall meet minimum train12 ing and ongoing certification require13 ments at regular intervals, as estab14 lished by the Bureau; 

15 ‘‘(IV) shall be located within the 

16 United States; 

17 ‘‘(V) may not have been involved 

18 in the reinvestigation conducted or 

19 terminated pursuant to subsection (a); 

20 and 

21 ‘‘(VI) may not be subject to any 

22 requirements linking incentives, in23 cluding promotion, to the number of 

24 appeals processed within a certain 

25 time period. 


pbinns on DSK79D2C42PROD with BILLS
61 

•HR 3642 IH

1 ‘‘(ii) REQUIREMENTS.—Such employ2 ees shall conduct a robust review of the ap3 peal and make a determination regarding 

4 the accuracy and completeness of the dis5 puted information by— 

6 ‘‘(I) conducting an independent 

7 analysis, separate from any investiga8 tion by a reseller or person who pro9 vided the disputed information, and 

10 separate from any prior reinvestiga11 tion conducted by the consumer re12 porting agency of the disputed infor13 mation; 

14 ‘‘(II) verifying that the personally 

15 identifiable information of the con16 sumer submitting the dispute matches 

17 the personally identifiable information 

18 contained on the consumer’s file; 

19 ‘‘(III) analyzing the notice of ap20 peal and all information, including 

21 any substantiating documents, pro22 vided by the consumer with the notice 

23 of appeal; 

24 ‘‘(IV) evaluating the validity of 

25 any information submitted by any 


pbinns on DSK79D2C42PROD with BILLS
62 

•HR 3642 IH

1 person that was used by the consumer 

2 reporting agency in the reinvestigation 

3 of the initial dispute; 

4 ‘‘(V) verifying that the consumer 

5 reporting agency has a record of the 

6 information being disputed; and 

7 ‘‘(VI) applying any additional 

8 factors or investigative processes, as 

9 specified by the Bureau. 

10 ‘‘(D) NOTICE OF APPEAL RESULTS.—Not 

11 later than 5 days after the end of the 20-day 

12 period described under subparagraph (A) (or 

13 the 10-day extension period, as applicable) the 

14 consumer reporting agency shall provide the 

15 consumer with written notice of the results of 

16 the appeal by postal mail or, if requested by the 

17 consumer, by other means. The contents of 

18 such notice shall include— 

19 ‘‘(i) a statement that the appeal is 

20 completed and the date on which it was 

21 completed, the results of the appeal, and 

22 the specific reasons supporting the results 

23 of the appeal; 


pbinns on DSK79D2C42PROD with BILLS
63 

•HR 3642 IH

1 ‘‘(ii) a copy of all information relating 

2 to the consumer that was used as a basis 

3 for deciding the results of the appeal; 

4 ‘‘(iii) a consumer report that is based 

5 upon the consumer’s file as that file may 

6 have been revised as a result of the appeal; 

7 ‘‘(iv) a description of the procedure 

8 used to determine the accuracy and com9 pleteness of the information, including the 

10 business name, telephone number, mailing 

11 address, and Internet website address (if 

12 applicable) of any person who provided in13 formation that was contacted in connection 

14 with such information, if reasonably avail15 able; 

16 ‘‘(v) information describing that the 

17 consumer may submit a statement, without 

18 charge, disputing the accuracy or com19 pleteness of information in the consumer’s 

20 file that was the subject of an appeal 

21 under this subsection by submitting a 

22 statement directly to each consumer re23 porting agency that received the informa24 tion; 


pbinns on DSK79D2C42PROD with BILLS
64 

•HR 3642 IH

1 ‘‘(vi) a description of the consumer’s 

2 rights pursuant to subsection (d) (relating 

3 to furnishing notifications to certain users 

4 of consumer reports); and 

5 ‘‘(vii) any other information, as deter6 mined by the Bureau. 

7 ‘‘(E) NO EXCUSE FOR FAILURE TO CON8 DUCT APPEAL.—A consumer reporting agency 

9 may not refuse to conduct a review of an appeal 

10 under this subsection because the agency deter11 mines that the notice of appeal was submitted 

12 by an authorized third party, unless the agency 

13 has clear and convincing evidence that the third 

14 party is not authorized to submit the notice of 

15 appeal on the consumer’s behalf. If the con16 sumer reporting agency refuses to conduct a re17 view of the appeal for these reasons, it shall 

18 provide a clear and conspicuous written notice 

19 to the consumer explaining the reasons for the 

20 refusal and describing any information the con21 sumer is required to provide for the agency to 

22 conduct a review of the appeal.’’. 

23 (b) APPEALS OF INVESTIGATIONS CONDUCTED BY

24 FURNISHERS OF INFORMATION.—Section 623(a) of the 

25 Fair Credit Reporting Act (15 U.S.C. 1681s–2(a)) is 


pbinns on DSK79D2C42PROD with BILLS
65 

•HR 3642 IH

1 amended by adding at the end the following new para2 graph: 

3 ‘‘(10) DUTY OF FURNISHERS OF INFORMATION

4 UPON NOTICE OF APPEAL OF INVESTIGATION.— 

5 ‘‘(A) IN GENERAL.—Within 120 days of 

6 the date of receipt of the results of an inves7 tigation conducted under paragraph (8)(E), a 

8 consumer may, free of charge, appeal such re9 sults by submitting a notice of appeal to the 

10 person who provided the information in the dis11 pute to a consumer reporting agency (hereafter 

12 in this paragraph referred to as the ‘furnisher’). 

13 ‘‘(B) NOTICE OF APPEAL.—A notice of ap14 peal described in subparagraph (A) may be sub15 mitted in writing, through a toll-free telephone 

16 number, or by other electronic means estab17 lished by the furnisher, and— 

18 ‘‘(i) shall identify the information con19 tained in the consumer’s file that is the 

20 subject of the appeal; 

21 ‘‘(ii) shall describe the specific reasons 

22 for submitting the notice of appeal; and 

23 ‘‘(iii) may include any information, in24 cluding substantiating documents, the con25 sumer believes is relevant to the appeal. 


pbinns on DSK79D2C42PROD with BILLS
66 

•HR 3642 IH

1 ‘‘(C) FURNISHER ACTIONS.—Upon receipt 

2 of such notice of appeal, the furnisher shall— 

3 ‘‘(i) before the end of the period of 3 

4 business days beginning on the date on 

5 which the furnisher receives the notice of 

6 appeal, notify each consumer reporting 

7 agency to which the person furnished such 

8 information a statement identifying the 

9 items of information that a consumer is 

10 appealing; and 

11 ‘‘(ii) notify the consumer confirming 

12 the receipt of the consumer’s notice of ap13 peal, including an approximate date when 

14 the consumer’s appeal will be completed, 

15 the process and procedures by which a re16 view of the appeal will be conducted, and 

17 the specific individual designated by the 

18 consumer reporting agency who, upon the 

19 request of the consumer, may discuss the 

20 substance and status of the appeal. 

21 ‘‘(D) FURNISHER REQUIREMENTS UPON

22 RECEIPT OF NOTICE OF APPEAL.—Not later 

23 than 20 days after receiving a notice of appeal, 

24 the furnisher shall determine whether the item 

25 of information being disputed by the consumer 


pbinns on DSK79D2C42PROD with BILLS
67 

•HR 3642 IH

1 is inaccurate, incomplete, or cannot be verified, 

2 and shall notify the consumer reporting agency 

3 of the determination. If the furnisher cannot 

4 verify the accuracy or completeness of the dis5 puted information, the furnisher shall, before 

6 the end of the 20-day period beginning on the 

7 date on which the furnisher receives notice of 

8 an appeal from the consumer, submit instruc9 tions to the consumer reporting agency that the 

10 item of information being disputed by the con11 sumer should be deleted from the file of the 

12 consumer. 

13 ‘‘(E) MINIMUM STANDARDS FOR APPEALS

14 EMPLOYEES.—Upon receipt of a notice of ap15 peal under subparagraph (A), a furnisher shall 

16 designate one or more specific employees who— 

17 ‘‘(i) shall be assigned an employee ref18 erence number or other employee identifier 

19 that can be used by the consumer to dis20 cuss the appeal with the specific individ21 uals handling the appeal; 

22 ‘‘(ii) shall have direct authority to re23 solve the dispute that is the subject of the 

24 notice of appeal on behalf of the furnisher 

25 from the review stage to its completion; 


pbinns on DSK79D2C42PROD with BILLS
68 

•HR 3642 IH

1 ‘‘(iii) shall meet minimum training 

2 and ongoing certification requirements at 

3 regular intervals, as established by the Bu4 reau; 

5 ‘‘(iv) may not have been involved in 

6 an investigation conducted pursuant to 

7 paragraph (8); and 

8 ‘‘(v) may not be subject to any re9 quirements linking incentives, including 

10 promotion, to the number of appeals proc11 essed within a certain time period. 

12 ‘‘(F) REQUIREMENTS FOR APPEALS PROC13 ESS.—Such employees shall conduct a robust 

14 review of the appeal and make a determination 

15 regarding the accuracy and completeness of the 

16 disputed information by— 

17 ‘‘(i) conducting an independent anal18 ysis, separate from any reinvestigation by 

19 a reseller or consumer reporting agency, of 

20 the disputed information; 

21 ‘‘(ii) verifying that the personally 

22 identifiable information related to the dis23 pute is accurate and complete; 

24 ‘‘(iii) analyzing the notice of appeal 

25 and all information, including substanVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
69 

•HR 3642 IH

1 tiating documents, provided by the con2 sumer with the notice of appeal; 

3 ‘‘(iv) evaluating the validity of any in4 formation submitted by any person that 

5 was used by the furnisher in the initial in6 vestigation into the dispute; 

7 ‘‘(v) verifying that the information 

8 being disputed relates to the consumer in 

9 whose file the information is located; 

10 ‘‘(vi) verifying that the furnisher has 

11 a record of the information being disputed; 

12 and 

13 ‘‘(vii) applying any additional factors 

14 or investigative processes, as specified by 

15 the Bureau. 

16 ‘‘(G) EXTENSION OF REVIEW PERIOD.—If 

17 a consumer submits additional information re18 lated to the appeal after the period of 3 busi19 ness days described in subparagraph (C)(i) and 

20 before the end of the 20-day period described in 

21 subparagraph (D), the furnisher shall have an 

22 additional 10 business days to complete the re23 view of the appeal. 

24 ‘‘(H) NOTICE OF APPEAL RESULTS.—Not 

25 later than 5 days after the end of the 20-day 


pbinns on DSK79D2C42PROD with BILLS
70 

•HR 3642 IH

1 period described in subparagraph (D) (or the 

2 10 business day extension described under sub3 paragraph (G), as applicable) the furnisher 

4 shall provide the consumer with written notice 

5 of the results of the appeal by mail or, if re6 quested by the consumer, by other means. The 

7 contents of such notice shall include— 

8 ‘‘(i) a statement that the appeal is 

9 completed and the date on which it was 

10 completed, the results of the appeal, and 

11 the specific reasons supporting the results 

12 of the appeal; 

13 ‘‘(ii) a copy of all information relating 

14 to the consumer that was used as a basis 

15 for deciding the results of the appeal; 

16 ‘‘(iii) if the appeal results in any 

17 change to the consumer report, a notifica18 tion that the consumer shall receive a copy, 

19 free of charge, of a revised consumer re20 port (based upon the consumer’s file as 

21 that file was changed as a result of the ap22 peal) and a credit score or educational 

23 credit score (if applicable) from each con24 sumer reporting agency that had been fur25 nished incorrect information; 


pbinns on DSK79D2C42PROD with BILLS
71 

•HR 3642 IH

1 ‘‘(iv) a description of the procedure 

2 used to determine the accuracy and com3 pleteness of the information, including the 

4 business name, telephone number, mailing 

5 address, and Internet website address (if 

6 applicable), of any person who provided in7 formation that was contacted in connection 

8 with such information, if reasonably avail9 able; 

10 ‘‘(v) information describing that the 

11 consumer may submit a statement, without 

12 charge, disputing the accuracy or com13 pleteness of information in the consumer’s 

14 file that was the subject of an appeal 

15 under this paragraph by submitting a 

16 statement directly to each consumer re17 porting agency that received the informa18 tion; and 

19 ‘‘(vi) a notification that the consumer 

20 may request the furnisher to submit to 

21 each consumer reporting agency the con22 sumer’s request to furnish notifications 

23 pursuant to section 611(d) (relating to fur24 nishing notifications to certain users of 

25 consumer reports).’’. 


pbinns on DSK79D2C42PROD with BILLS
72 

•HR 3642 IH

1 (c) TECHNICAL AMENDMENT.—Section 623(a)(8)(A) 

2 of the Fair Credit Reporting Act (15 U.S.C. 1681s– 

3 2(a)(8)(A)) is amended by striking ‘‘reinvestigate’’ and in4 serting ‘‘investigate’’. 

5 (d) CONFORMING AMENDMENTS.—Section 609 of the 

6 Fair Credit Reporting Act (15 U.S.C. 1681g) is amend7 ed— 

8 (1) in subsection (c)— 

9 (A) by striking ‘‘Commission’’ and insert10 ing ‘‘Bureau’’ each place that term appears; 

11 (B) in the subsection heading, by striking 

12 ‘‘RIGHTS TO OBTAIN AND DISPUTE INFORMA13 TION IN CONSUMER REPORTS AND TO OBTAIN

14 CREDIT SCORES’’ and inserting ‘‘KEY CON15 SUMER REPORTING RIGHTS’’; and 

16 (C) in paragraph (1)— 

17 (i) in the heading, by striking ‘‘COM18 MISSION’’ and inserting ‘‘BUREAU’’; 

19 (ii) in subparagraph (B)— 

20 (I) in clause (ii), by striking ‘‘a 

21 consumer report without charge under 

22 section 612’’ and inserting ‘‘consumer 

23 reports and credit scores or edu24 cational credit scores (as applicable) 


pbinns on DSK79D2C42PROD with BILLS
73 

•HR 3642 IH

1 without charge under subsections (f), 

2 (g), (i), or (j) or section 612’’; 

3 (II) in clause (iii), by inserting 

4 ‘‘or section 623’’ after ‘‘section 611’’; 

5 (III) by striking clauses (iv) and 

6 (vi); 

7 (IV) by inserting after clause (iii) 

8 the following new clause: 

9 ‘‘(iv) the right of a consumer to ap10 peal a determination of a reinvestigation 

11 conducted by a consumer reporting agency 

12 under section 611(h) or an investigation 

13 conducted by a furnisher of information 

14 under section 623(a)(10);’’; and 

15 (V) by adding at the end the fol16 lowing new clauses: 

17 ‘‘(vi) the method and circumstances 

18 under which consumers can obtain a 1- 

19 year fraud alert, 7-year fraud alert, active 

20 duty alert, or security freeze as described 

21 in section 605A through a consumer re22 porting agency described under section 

23 603(p).’’; 


pbinns on DSK79D2C42PROD with BILLS
74 

•HR 3642 IH

1 (iii) in subparagraph (C) (as amended 

2 by subparagraph (A)) by inserting ‘‘and 

3 the Commission’’ after ‘‘Bureau’’; and 

4 (iv) by adding at the end the following 

5 new subparagraph: 

6 ‘‘(D) PUBLICATION OF SUMMARY

7 RIGHTS.—A consumer reporting agency de8 scribed under subsection (p) or (x) of section 

9 603 shall display in a clear and conspicuous 

10 manner, including on the Internet website of 

11 the consumer reporting agency, the summary of 

12 rights prepared by the Bureau under this para13 graph.’’; and 

14 (2) in subsection (d), by inserting ‘‘Bureau and 

15 the’’ before ‘‘Commission’’. 

16 SEC. 106. REVISED CONSUMER REPORTS. 

17 Section 611 of the Fair Credit Reporting Act (15 

18 U.S.C. 1681i), as amended by section 105(a)(2), is further 

19 amended by adding at the end the following new sub20 section: 

21 ‘‘(j) REQUIREMENT TO SEND REVISED CONSUMER

22 REPORT TO CONSUMER.—Upon receiving a notice de23 scribed in section 623(a)(8)(E)(iv), each consumer report24 ing agency shall send to the consumer a revised consumer 

25 report and credit score or education credit score (if appliVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
75 

•HR 3642 IH

1 cable) based upon the consumer’s file as that file was 

2 changed as a result of the investigation.’’. 

3 SEC. 107. INDICATION OF DISPUTE BY CONSUMERS AND 

4 USE OF DISPUTED INFORMATION. 

5 Section 605(f) of the Fair Credit Reporting Act (15 

6 U.S.C. 1681c(f)) is amended to read as follows: 

7 ‘‘(f) INDICATION OF DISPUTE.— 

8 ‘‘(1) IN GENERAL.—A consumer reporting 

9 agency shall include in any consumer report based 

10 on the consumer’s file a notation identifying any 

11 item of information that is currently in dispute by 

12 the consumer if— 

13 ‘‘(A) a consumer disputes the completeness 

14 or accuracy of any item of information con15 tained in a consumer’s file pursuant to section 

16 611(a)(1); 

17 ‘‘(B) a consumer files with a consumer re18 porting agency an appeal of a reinvestigation 

19 pursuant to section 611(i); or 

20 ‘‘(C) the consumer reporting agency is no21 tified by a person that furnished any items of 

22 information that are currently in dispute by the 

23 consumer that— 

24 ‘‘(i) a consumer disputes the com25 pleteness or accuracy of any information 


pbinns on DSK79D2C42PROD with BILLS
76 

•HR 3642 IH

1 furnished by a person to any consumer re2 porting agency pursuant to paragraph (3) 

3 or (8) of section 623(a); or 

4 ‘‘(ii) a consumer submits a notice of 

5 appeal under section 623(a)(10). 

6 ‘‘(2) OPT OUT.—A consumer may submit a re7 quest to a consumer reporting agency or a person 

8 who furnished the information in dispute, as applica9 ble, to have the notation described in paragraph (1) 

10 omitted from the consumer report. Upon receipt of 

11 such a request— 

12 ‘‘(A) by a consumer reporting agency, such 

13 agency shall remove the notation within 1 busi14 ness day; and 

15 ‘‘(B) by a person who furnished the infor16 mation in dispute, such person shall submit 

17 such request to each consumer reporting agency 

18 to which the person furnished such information 

19 within 1 business day and such agency shall re20 move the notation within 1 business day of re21 ceipt of such request.’’. 


pbinns on DSK79D2C42PROD with BILLS
77 

•HR 3642 IH

1 SEC. 108. ACCURACY AND COMPLETENESS REPORT DUTIES 

2 FOR CONSUMER REPORTING AGENCIES AND 

3 FURNISHERS. 

4 Section 607(b) of the Fair Credit Reporting Act (15 

5 U.S.C. 1681e) is amended to read as follows: 

6 ‘‘(b) ACCURACY AND COMPLETENESS OF REPORT.— 

7 ‘‘(1) IN GENERAL.—In preparing a consumer 

8 report, a consumer reporting agency shall maintain 

9 reasonable procedures to ensure maximum possible 

10 accuracy and completeness of the information con11 cerning the individual to whom the consumer report 

12 relates. 

13 ‘‘(2) BUREAU RULE TO ASSURE MAXIMUM POS14 SIBLE ACCURACY AND COMPLETENESS WITH CREDIT

15 REPORTING PRACTICES.— 

16 ‘‘(A) RULE.—Not later than 18 months 

17 after the date of enactment of this subsection, 

18 the Bureau shall issue a final rule establishing 

19 the procedures described in paragraph (1). 

20 ‘‘(B) REQUIREMENTS.—In formulating the 

21 rule required under subparagraph (A), the Bu22 reau shall— 

23 ‘‘(i) develop standards for matching 

24 the personally identifiable information in25 cluded in the consumer’s file with the per26 sonally identifiable information furnished 


pbinns on DSK79D2C42PROD with BILLS
78 

•HR 3642 IH

1 by the person who provided the informa2 tion to the consumer reporting agency 

3 (hereafter in this subsection referred to as 

4 the ‘furnisher’), including the full name of 

5 a consumer, the date of birth of a con6 sumer, the full social security number of a 

7 consumer, and any other information that 

8 the Bureau determines would aid in assur9 ing maximum possible accuracy and com10 pleteness of such consumer reports; 

11 ‘‘(ii) establish processes for a con12 sumer reporting agency to monitor the in13 tegrity of the data provided by furnishers 

14 and the compliance of furnishers with the 

15 requirements of this title; 

16 ‘‘(iii) establish processes for a con17 sumer reporting agency to regularly rec18 oncile data relating to accounts in collec19 tion, including those that have not been 

20 paid in full, by specifying the cir21 cumstances under which the consumer re22 porting agency shall remove or suppress 

23 negative or adverse information from a 

24 consumer’s file that has not been updated 

25 by a furnisher who is also a debt collector 


pbinns on DSK79D2C42PROD with BILLS
79 

•HR 3642 IH

1 (as defined in section 803 of the Fair Debt 

2 Collection Practices Act) within the time 

3 period established by the Bureau; 

4 ‘‘(iv) establish procedures to require 

5 each consumer reporting agency to review 

6 and monitor the quality of information re7 ceived from any source, including informa8 tion from public records, by regularly and 

9 on an ongoing basis comparing the infor10 mation received to the information avail11 able from the original source and ensuring 

12 that the information received is the most 

13 current information; 

14 ‘‘(v) develop standards and procedures 

15 for consumer reporting agencies to identify 

16 furnishers that repeatedly fail to provide 

17 accurate and complete information, to take 

18 corrective action against such furnishers, 

19 and to reject information submitted by 

20 such furnishers; 

21 ‘‘(vi) develop standards and proce22 dures for consumer reporting agencies to 

23 adopt regarding collection of public record 

24 data, including standards and procedures 

25 to consider the ultimate data source, how 


pbinns on DSK79D2C42PROD with BILLS
80 

•HR 3642 IH

1 the public record information is filed and 

2 its availability and accessibility, and wheth3 er information relating to the satisfaction 

4 of judgments or other updates to the pub5 lic record are available on a reasonably 

6 timely basis from a particular source; and 

7 ‘‘(vii) establish any other factors, pro8 cedures, or processes determined by the 

9 Bureau to be necessary to assist consumer 

10 reporting agencies in achieving maximum 

11 possible accuracy and completeness of the 

12 information in consumer reports. 

13 ‘‘(3) CORRECTIVE ACTION FOR FURNISHERS

14 THAT REPEATEDLY FURNISH INACCURATE OR IN15 COMPLETE INFORMATION.—Upon identifying a fur16 nisher that repeatedly fails to furnish accurate, com17 plete, or verifiable information to consumer report18 ing agencies, the Bureau shall— 

19 ‘‘(A) ensure the prompt removal of any ad20 verse information relating to a consumer’s ac21 counts submitted by such furnisher; and 

22 ‘‘(B) take corrective action, which may in23 clude— 

24 ‘‘(i) mandatory revised training and 

25 training materials for the staff of the furVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
81 

•HR 3642 IH

1 nisher regarding the furnishing of accurate 

2 and complete information; 

3 ‘‘(ii) sharing industry best practices 

4 and procedures regarding accuracy and 

5 completeness; or 

6 ‘‘(iii) temporarily prohibiting a fur7 nisher from providing information to a 

8 consumer reporting agency.’’. 

9 SEC. 109. INCLUSION OF PUBLIC RECORD DATA SOURCES 

10 IN CONSUMER REPORTS. 

11 Section 605(d) of the Fair Credit Reporting Act (15 

12 U.S.C. 1681c(d)) is amended by adding at the end the 

13 following: 

14 ‘‘(3) PUBLIC RECORD DATA SOURCE.—Any con15 sumer reporting agency that furnishes a consumer 

16 report that contains public record data shall also in17 clude in such report the source from which that data 

18 was obtained, including the particular court, if any, 

19 and the date that the data was initially reported or 

20 publicized.’’. 

21 SEC. 110. INJUNCTIVE RELIEF FOR VICTIMS. 

22 (a) IN GENERAL.—The Fair Credit Reporting Act 

23 (15 U.S.C. 1681 et seq.) is amended— 

24 (1) in section 616— 


pbinns on DSK79D2C42PROD with BILLS
82 

•HR 3642 IH

1 (A) in subsection (a), by amending the 

2 subsection heading to read as follows: ‘‘DAM3 AGES’’; 

4 (B) by redesignating subsections (c) and 

5 (d) as subsections (d) and (e), respectively; and 

6 (C) by inserting after subsection (b) the 

7 following new subsection: 

8 ‘‘(c) INJUNCTIVE RELIEF.—In addition to any other 

9 remedy set forth in this section, a court may award injunc10 tive relief to require compliance with the requirements im11 posed under this title with respect to any consumer. In 

12 the event of any successful action for injunctive relief 

13 under this subsection, the court may award to the pre14 vailing party costs and reasonable attorney fees (as deter15 mined by the court) incurred during the action by such 

16 party.’’; and 

17 (2) in section 617— 

18 (A) in subsection (a), by amending the 

19 subsection heading to read as follows: ‘‘DAM20 AGES’’; 

21 (B) by redesignating subsection (b) as sub22 section (c); and 

23 (C) by inserting after subsection (a) the 

24 following new subsection: 


pbinns on DSK79D2C42PROD with BILLS
83 

•HR 3642 IH

1 ‘‘(b) INJUNCTIVE RELIEF.—In addition to any other 

2 remedy set forth in this section, a court may award injunc3 tive relief to require compliance with the requirements im4 posed under this title with respect to any consumer. In 

5 the event of any successful action for injunctive relief 

6 under this subsection, the court may award to the pre7 vailing party costs and reasonable attorney fees (as deter8 mined by the court) incurred during the action by such 

9 party.’’. 

10 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS11 SION.—Section 621(a)(2)(A) of the Fair Credit Reporting 

12 Act (15 U.S.C. 1681s(a)(2)(A)) is amended— 

13 (1) by amending the subparagraph heading to 

14 read as follows: ‘‘NEGLIGENT, WILLFUL, OR KNOW15 ING VIOLATIONS’’; and 

16 (2) by inserting ‘‘negligent, willful, or’’ before 

17 ‘‘knowing’’. 


pbinns on DSK79D2C42PROD with BILLS
84 

•HR 3642 IH

1 TITLE II—PROHIBITION ON MIS2 LEADING AND UNFAIR CON3 SUMER REPORTING PRAC4 TICES 

5 SEC. 201. PROHIBITION ON AUTOMATIC RENEWALS FOR 

6 PROMOTIONAL CONSUMER REPORTING AND 

7 CREDIT SCORING PRODUCTS AND SERVICES. 

8 The Fair Credit Reporting Act (15 U.S.C. 1681 et 

9 seq.) is amended— 

10 (1) by adding at the end the following new sec11 tion: 

12 ‘‘§ 630. Promotional periods 

13 ‘‘(a) TERMINATION NOTICE.—With respect to any 

14 product or service related to a consumer report or a credit 

15 score that is provided to a consumer under promotional 

16 terms, the seller or provider of such product or service 

17 shall provide clear and conspicuous notice to the consumer 

18 within a reasonable period of time before the promotional 

19 period ends. 

20 ‘‘(b) OPT-IN.—With respect to any such product or 

21 service, the seller or provider may not continue to sell or 

22 provide such product or service to the consumer after the 

23 end of the promotional period unless the consumer specifi24 cally agrees at the end of the promotional period to con25 tinue receiving the product or service.’’; and 


pbinns on DSK79D2C42PROD with BILLS
85 

•HR 3642 IH

1 (2) in the table of contents for such Act, by in2 serting after the item relating to section 629 the fol3 lowing new item: 

‘‘630. Promotional periods.’’. 

4 SEC. 202. PROHIBITION ON MISLEADING AND DECEPTIVE 

5 MARKETING RELATED TO THE PROVISION OF 

6 CONSUMER REPORTING AND CREDIT SCOR7 ING PRODUCTS AND SERVICES. 

8 Section 609 of the Fair Credit Reporting Act (15 

9 U.S.C. 1681g) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘request, except’’ and 

13 all that follows through ‘‘consumer to 

14 whom’’ and inserting ‘‘request, unless the 

15 consumer to whom’’; 

16 (ii) by striking ‘‘disclosure; and’’ and 

17 inserting ‘‘disclosure.’’; and 

18 (iii) by striking subparagraph (B); 

19 and 

20 (B) in paragraph (6), by inserting ‘‘or edu21 cational credit score (if applicable) under sub22 section (f) or section 612’’ before the period at 

23 the end; and 

24 (2) by adding at the end the following new sub25 section: 


pbinns on DSK79D2C42PROD with BILLS
86 

•HR 3642 IH

1 ‘‘(h) DISCLOSURES ON PRODUCTS AND SERVICES.— 

2 The Bureau, in consultation with the Federal Trade Com3 mission, shall issue regulations within 18 months of the 

4 date of the enactment of this subsection requiring each 

5 consumer reporting agency and reseller to clearly and con6 spicuously disclose all material terms and conditions, in7 cluding any fee and pricing information associated with 

8 any products or services offered, advertised, marketed, or 

9 sold to consumers by the agency or reseller. Such disclo10 sures shall be made in all forms of communication to con11 sumers and displayed prominently on the agency or re12 seller’s website and all other locations where products or 

13 services are offered, advertised, marketed, or sold to con14 sumers.’’. 

15 SEC. 203. PROHIBITON ON EXCESSIVE DIRECT-TO-CON16 SUMER SALES. 

17 The Fair Credit Reporting Act (15 U.S.C. 1681 et 

18 seq.), as amended by section 201, is further amended— 

19 (1) by adding at the end the following new sec20 tion: 

21 ‘‘§ 631. Fair and reasonable fees for products and 

22 services 

23 ‘‘The Bureau may, with respect to any product or 

24 service offered by a consumer reporting agency to a con25 sumer, set a fair and reasonable maximum fee that may 


pbinns on DSK79D2C42PROD with BILLS
87 

•HR 3642 IH

1 be charged for such product or service, except where such 

2 maximum fee is otherwise provided under this title.’’; and 

3 (2) in the table of contents for such Act, as 

4 amended by section 201, by adding at the end the 

5 following new item: 

‘‘631. Fair and reasonable fees for products and services.’’. 

6 SEC. 204. FAIR ACCESS TO CONSUMER REPORTING AND 

7 CREDIT SCORING DISCLOSURES FOR NON8 NATIVE ENGLISH SPEAKERS AND THE VIS9 UALLY AND HEARING IMPAIRED. 

10 The Fair Credit Reporting Act (15 U.S.C. 1681 et 

11 seq.), as amended by section 203, is further amended— 

12 (1) by adding at the end the following new sec13 tion: 

14 ‘‘§ 632. Fair access to information for nonnative 

15 English speakers and the visually and 

16 hearing impaired 

17 ‘‘(a) IN GENERAL.—Not later than 180 days after 

18 the date of the enactment of this section, the Bureau shall 

19 issue a rule to require consumer reporting agencies and 

20 persons who furnish information to consumer reporting 

21 agencies under this title, to the maximum extent reason22 ably practicable— 

23 ‘‘(1) to provide any information, disclosures, or 

24 other communication with consumers— 


pbinns on DSK79D2C42PROD with BILLS
88 

•HR 3642 IH

1 ‘‘(A) in each of the 10 most commonly spo2 ken languages, other than English, in the 

3 United States, as determined by the Bureau of 

4 the Census on an ongoing basis; and 

5 ‘‘(B) in formats accessible to individuals 

6 with hearing or vision impairments; and 

7 ‘‘(2) to ensure that— 

8 ‘‘(A) customer service representatives, in9 cluding employees assigned to handle disputes 

10 or appeals under sections 611 and 623, who are 

11 available to assist consumers are highly familiar 

12 with the requirements of this title; 

13 ‘‘(B) such representatives are available 

14 during regular business hours and outside of 

15 regular business hours, including evenings and 

16 weekends; and 

17 ‘‘(C) at least one among such representa18 tives is fluent in each of the 10 most commonly 

19 spoken languages, other than English, in the 

20 United States, as determined by the Bureau of 

21 the Census on an ongoing basis. 

22 ‘‘(b) BUREAU CONSULTATION.—The Bureau shall 

23 consult with advocates for civil rights, consumer groups, 

24 community groups, and organizations that serve traditionVerDate Sep 11 2014 03:31 Jul 10, 2019 Jkt 034408 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H3642.IH H3642

pbinns on DSK79D2C42PROD with BILLS
89 

•HR 3642 IH

1 ally underserved communities and populations in issuing 

2 the rule described in subsection (a).’’; and 

3 (2) in the table of contents for such Act, as 

4 amended by section 203, by adding at the end the 

5 following new item: 

‘‘632. Fair access to information for nonnative English speakers and the visually 

and hearing impaired.’’. 

6 SEC. 205. COMPARISON SHOPPING FOR LOANS WITHOUT 

7 HARM TO CREDIT STANDING. 

8 Section 605 of the Fair Credit Reporting Act (15 

9 U.S.C. 1681c) is amended by adding at the end the fol10 lowing new subsection: 

11 ‘‘(h) ENCOURAGING CONSUMERS TO COMPARISON

12 SHOP FOR LOANS BY TREATING GROUPED ENQUIRIES OF

13 THE SAME TYPE WITHIN A REASONABLE PERIOD AS A

14 SINGLE ENQUIRY.— 

15 ‘‘(1) IN GENERAL.—With respect to multiple 

16 enquiries of the same type made to a consumer re17 porting agency for a consumer report or credit score 

18 with respect to a consumer, any credit scoring model 

19 shall treat such enquiries as a single enquiry if the 

20 enquiries are made within a 120-day period. 

21 ‘‘(2) DEFINITION OF ENQUIRIES OF THE SAME

22 TYPE.—With respect to multiple enquiries made to 

23 a consumer reporting agency for a consumer report 

24 or credit score with respect to a consumer, such 


pbinns on DSK79D2C42PROD with BILLS
90 

•HR 3642 IH

1 enquiries are ‘of the same type’ if the consumer re2 porting agency has reason to believe that the 

3 enquiries are all made for the purpose of deter4 mining the consumer’s creditworthiness for an exten5 sion of credit described in one of the following: 

6 ‘‘(A) Any loan primarily for personal, fam7 ily, or household use that is secured by a mort8 gage, deed of trust, or other equivalent consen9 sual security interest on a dwelling (as defined 

10 in section 103(w) of the Truth in Lending Act), 

11 including a loan in which the proceeds will be 

12 used for— 

13 ‘‘(i) a manufactured home (as defined 

14 in section 603 of the Housing and Commu15 nity Development Act of 1974 (42 U.S.C. 

16 5402)); 

17 ‘‘(ii) any installment sales contract, 

18 land contract, or contract for deed on a 

19 residential property; or 

20 ‘‘(iii) a reverse mortgage transaction 

21 (as defined in section 103 of the Truth in 

22 Lending Act). 

23 ‘‘(B) A motor vehicle loan or lease (as de24 scribed in section 609(j)). 

25 ‘‘(C) A private education loan. 


pbinns on DSK79D2C42PROD with BILLS
91 

•HR 3642 IH

1 ‘‘(D) Any other consumer financial product 

2 or service, as determined by the Bureau.’’. 

3 SEC. 206. NATIONWIDE CONSUMER REPORTING AGENCIES 

4 REGISTRY. 

5 The Fair Credit Reporting Act (15 U.S.C. 1681 et 

6 seq.), as amended by section 204, is further amended— 

7 (1) by adding at the end the following new sec8 tion: 

9 ‘‘§ 633. Nationwide consumer reporting agencies reg10 istry 

11 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

12 date of enactment of this section, the Bureau shall estab13 lish and maintain a publicly accessible registry of con14 sumer reporting agencies described in subsection (p) or 

15 (x) of section 603 (and any other agencies the Bureau de16 termines provide similar services to such consumer report17 ing agencies) that includes current contact information of 

18 each such agency, including the Internet website address 

19 of the Internet website described under section 611(h), 

20 and information on how consumers can obtain their con21 sumer report, credit scores, or educational credit scores 

22 (as applicable) by toll-free telephone, postal mail, or elec23 tronic means. 

24 ‘‘(b) REGISTRY REQUIREMENTS.—The registry de25 scribed in subsection (a) shall— 


pbinns on DSK79D2C42PROD with BILLS
92 

•HR 3642 IH

1 ‘‘(1) identify the largest agencies and the mar2 kets and demographics covered by such agencies; 

3 and 

4 ‘‘(2) disclose, with respect to each agency, 

5 whether the agency is subject to the supervisory au6 thority of the Bureau under this title. 

7 ‘‘(c) INFORMATION UPDATES.—Each agency de8 scribed under subsection (a) shall submit to the Bureau 

9 contact information for the registry, including any updates 

10 to such information. The Bureau shall— 

11 ‘‘(1) independently verify information submitted 

12 by each agency; and 

13 ‘‘(2) update the registry not less frequently 

14 than annually.’’; and 

15 (2) in the table of contents for such Act, as 

16 amended by section 204, by adding at the end the 

17 following new item: 

‘‘633. Nationwide consumer reporting agencies registry.’’. 

Æ 


pbinns on DSK79D2C42PROD with BILLS