I 

115TH CONGRESS 

2D SESSION H. R. 7239 

To prohibit requests for the disclosure of a social security account number 

in commercial transactions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 10, 2018 

Ms. LOFGREN introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To prohibit requests for the disclosure of a social security 

account number in commercial transactions, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Securing Social Secu5 rity Numbers Act’’. 


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1 SEC. 2. PROHIBITION ON REQUESTING DISCLOSURE OF A 

2 SOCIAL SECURITY ACCOUNT NUMBER FOR 

3 CONSUMER TRANSACTIONS. 

4 (a) IN GENERAL.—A commercial entity shall not re5 quest that an individual provide the individual’s social se6 curity account number when purchasing a commercial 

7 good or service or deny an individual the good or service 

8 for refusing to provide that number except— 

9 (1) for any purpose relating to— 

10 (A) obtaining a consumer report for any 

11 purpose permitted under the Fair Credit Re12 porting Act; 

13 (B) a background check of the individual 

14 conducted by a landlord, lessor, employer, or 

15 voluntary service agency; 

16 (C) law enforcement; or 

17 (D) a Federal, State, or local law require18 ment; or 

19 (2) if the social security account number is nec20 essary to verify the identity of the consumer to ef21 fect, administer, or enforce the specific transaction 

22 requested or authorized by the consumer, or to pre23 vent fraud. 

24 (b) PURGING OF COLLECTED SOCIAL SECURITY AC25 COUNT NUMBERS.—A commercial entity that has ac26 quired social security account numbers prior to the enactVerDate Sep 11 2014 00:05 Dec 13, 2018 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7239.IH H7239

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1 ment of this Act is prohibited from intentional continued 

2 possession of such social security account numbers and 

3 must purge all such social security account numbers from 

4 its records not later than 180 days after the effective date 

5 of this Act, unless the commercial entity would qualify for 

6 an exception under subsection (a). 

7 (c) LIMITATION ON PREDISPUTE ARBITRATION

8 AGREEMENTS.—No predispute arbitration agreement 

9 shall be valid or enforceable if it requires arbitration of 

10 a violation of this section. 

11 (d) STATE ATTORNEY GENERAL ENFORCEMENT.— 

12 In any case in which the attorney general of a State has 

13 reason to believe that an interest of the residents of that 

14 State has been or is threatened or adversely affected by 

15 the engagement of any person in a practice that is prohib16 ited under this section, the State, as parens patriae, may 

17 bring a civil action on behalf of the residents of the State 

18 in a district court of the United States of appropriate ju19 risdiction to— 

20 (1) enjoin that practice; 

21 (2) enforce compliance with such section; 

22 (3) obtain damages, restitution, or other com23 pensation on behalf of residents of the State; or 

24 (4) obtain such other relief as the court may 

25 consider appropriate. 


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1 SEC. 3. CIVIL ACTIONS AND CIVIL PENALTIES. 

2 (a) CIVIL ACTION IN STATE COURTS.— 

3 (1) STATUTE OF LIMITATIONS.—An action may 

4 be commenced under this subsection not later than 

5 the earlier of— 

6 (A) 5 years after the date on which the al7 leged violation occurred; or 

8 (B) 3 years after the date on which the al9 leged violation was or should have been reason10 ably discovered by the aggrieved individual. 

11 (2) NONEXCLUSIVE REMEDY.—The remedy pro12 vided under this subsection shall be in addition to 

13 any other remedies available to the individual. 

14 (b) CIVIL PENALTIES.— 

15 (1) IN GENERAL.—Any person who the Attor16 ney General determines has violated any section of 

17 this Act or of any amendments made by this Act 

18 shall be subject, in addition to any other penalties 

19 that may be prescribed by law— 

20 (A) to a civil penalty of not more than 

21 $5,000 for each such violation; and 

22 (B) to a civil penalty of not more than 

23 $50,000, if the violations have occurred with 

24 such frequency as to constitute a pattern or 

25 practice of violations. 


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1 (2) DETERMINATION OF VIOLATIONS.—Any in2 tentional violation committed contemporaneously 

3 with respect to the social security account numbers 

4 of 2 or more individuals shall be treated as a sepa5 rate violation with respect to each such individual. 

6 SEC. 4. EFFECTIVE DATE. 

7 The amendment made by this Act shall be in effect 

8 1 year after the date of enactment of this Act. 

Æ 


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