SECURE Act of 2017

To amend the Fair Credit Reporting Act to enhance the accuracy of credit reporting and provide greater rights to consumers who dispute errors in their credit reports, and for other purposes. 1. Short title This Act may be cited as the Stopping Errors in Consumer Use and REporting Act of 2017 SECURE Act of 2017 2. Legal recourse for consumers (a) Injunctive relief The Fair Credit Reporting Act ( 15 U.S.C. 1681 (1) in section 616 ( 15 U.S.C. 1681n (A) in subsection (a), in the subsection heading, by striking (a) In general (a) Damages (B) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (C) by inserting after subsection (b) the following: (c) Injunctive relief (1) In general In addition to any other remedy under this section, a court may award injunctive relief to require compliance with the requirements imposed under this title with respect to any consumer. (2) Costs and attorney’s fees In the event of any successful action for injunctive relief under this subsection, a court may award to the prevailing party costs and reasonable attorney’s fees (as determined by the court) incurred by the prevailing party during the action. ; and (2) in section 617 ( 15 U.S.C. 1681o (A) in subsection (a), in the subsection heading, by striking (a) In general (a) Damages (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: (b) Injunctive relief (1) In general In addition to any other remedy under this section, a court may award injunctive relief to require compliance with the requirements imposed under this title with respect to any consumer. (2) Costs and attorney’s fees In the event of any successful action for injunctive relief under this subsection, a court may award to the prevailing party costs and reasonable attorney’s fees (as determined by the court) incurred by the prevailing party during the action. . (b) Enforcement by federal trade commission Section 621(a)(2)(A) of the Fair Credit Reporting Act ( 15 U.S.C. 1681s(a)(2)(A) (1) in the subparagraph heading, by striking (A) Knowing violations.— (A) Negligent, willful, or knowing violations.— (2) in the first sentence, by inserting negligent, willful, or knowing 3. Increased requirements for consumer reporting agencies and furnishers of information (a) Provision and consideration of documentation provided by consumers The Fair Credit Reporting Act ( 15 U.S.C. 1681 (1) in section 611 ( 15 U.S.C. 1681i (A) in subsection (a)— (i) in paragraph (2)— (I) in subparagraph (A), in the second sentence, by inserting , including all documentation provided by the consumer received from the consumer or reseller (II) in subparagraph (B), by inserting , including all documentation provided by the consumer, from the consumer or the reseller (ii) in paragraph (4), by inserting , including all documentation, relevant information (B) in subsection (f)(2)(B)(ii), by inserting , including all documentation, relevant information (2) in section 623 ( 15 U.S.C. 1681s–2 (A) in subsection (a)(8)(E), by striking clause (ii) and inserting the following: (ii) review and consider all relevant information, including all documentation, provided by the consumer with the notice; ; and (B) in subsection (b)(1), by striking subparagraph (B) and inserting the following: (B) review and consider all relevant information, including all documentation, provided by the consumer reporting agency under section 611(a)(2); . (b) Gathering and reporting of information relating to consumer disputes Section 611 of the Fair Credit Reporting Act ( 15 U.S.C. 1681i (g) Gathering and reporting of information relating to consumer disputes (1) Reports required The Bureau shall provide reports regarding the disputes described in subsection (a)(1) received by consumer reporting agencies in such intervals and to such parties as the Bureau deems appropriate. (2) Gathering of information The Bureau shall prescribe rules for the gathering of information relating to disputes described in subsection (a)(1) received by consumer reporting agencies to be used in generating the reports under paragraph (1), including rules establishing— (A) the type and format of information that the Bureau shall receive from each consumer reporting agency; and (B) the frequency with which the Bureau shall receive the information from consumer reporting agencies. . (c) Accuracy compliance procedures Section 607 of the Fair Credit Reporting Act ( 15 U.S.C. 1681e (b) Accuracy of report (1) In general A consumer reporting agency shall follow reasonable procedures when preparing a consumer report to ensure the maximum possible accuracy of the information concerning the individual to whom the consumer report relates. (2) Bureau rule to ensure maximum possible accuracy (A) Proposed rule Not later than 1 year after the date of enactment of the Stopping Errors in Consumer Use and REporting Act of 2017 (B) Considerations When formulating the rule required under subparagraph (A), the Bureau shall consider if requiring the matching of the following information would improve the accuracy of consumer reports: (i) The first name and last name of a consumer. (ii) The date of birth of a consumer. (iii) All 9 digits of the social security number of a consumer. (iv) Any other information that the Bureau determines would aid in ensuring maximum possible accuracy of all consumer reports furnished by consumer reporting agencies in compliance with this subsection. . (d) Responsibilities of furnishers of information to consumer reporting agencies Section 623(a)(8)(F)(i)(II) of the Fair Credit Reporting Act ( 15 U.S.C. 1681s–2(a)(8)(F)(i)(II) , and does not include any new or additional information that would be relevant to a reinvestigation (e) Disclosures to consumers Section 609 of the Fair Credit Reporting Act ( 15 U.S.C. 1681g (1) in subsection (a)(3)(B)— (A) in clause (i), by striking and (B) by striking clause (ii) and inserting the following: (ii) the address and telephone number of the person; and (iii) the permissible purpose of the person for obtaining the consumer report, including the specific type of credit product that is extended, reviewed, or collected, as described in section 604(a)(3)(A). ; (2) in subsection (f)— (A) by amending paragraph (7)(A) to read as follows: (A) supply the consumer with a credit score that— (i) is derived from a credit scoring model that is widely distributed to users by the consumer reporting agency for the purpose of any extension of credit or other transaction designated by the consumer who is requesting the credit score; or (ii) is widely distributed to lenders of common consumer loan products and predicts the future credit behavior of the consumer; and ; and (B) in paragraph (8), by inserting , except that a credit score shall be provided free of charge to the consumer if requested in connection with a free annual consumer report described in section 612(a) (3) in subsection (g)(1)— (A) in subparagraph (A)(ii), by striking subparagraph (D) subparagraph (C) (B) in subparagraph (B)(ii), by striking consistent with subparagraph (C) (C) by striking subparagraph (C); and (D) by redesignating subparagraphs (D) through (G) as subparagraphs (C) through (F), respectively. (f) Notification requirements (1) Adverse information notification The Fair Credit Reporting Act ( 15 U.S.C. 1681 (A) in section 612 ( 15 U.S.C. 1681j (b) Free disclosure after notice of adverse action or offer of credit on materially less favorable terms (1) In general Not later than 14 days after the date on which a consumer reporting agency receives a notification under subsection (a)(2) or (h)(6) of section 615, or from a debt collection agency affiliated with the consumer reporting agency, the consumer reporting agency shall make, without charge to the consumer, all disclosures required in accordance with the rules prescribed by the Bureau under section 609(h). (2) Transition period During the period beginning on the effective date of the Stopping Errors in Consumer Use and REporting Act of 2017 Stopping Errors in Consumer Use and REporting Act of 2017 ; and (B) in section 615(a) ( 15 U.S.C. 1681m(a) (i) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (ii) by inserting after paragraph (1) the following: (2) direct the consumer reporting agency that provided the consumer report that was used in the decision to take the adverse action to provide the consumer with the disclosures described in section 612(b); ; and (iii) in paragraph (5), as so redesignated— (I) in the matter preceding subparagraph (A), by striking of the consumer's right (II) by striking subparagraph (A) and inserting the following: (A) that the consumer shall receive a copy of the consumer report with respect to the consumer, free of charge, from the consumer reporting agency that furnished the consumer report; and ; and (III) in subparagraph (B), by inserting of the right of the consumer to dispute (2) Notification in cases of less favorable terms Section 615(h) of the Fair Credit Reporting Act ( 15 U.S.C. 1681m(h) (A) in paragraph (1), by striking paragraph (6) paragraph (7) (B) in paragraph (2), by striking paragraph (6) paragraph (7) (C) in paragraph (5)(C), by striking may obtain shall receive (D) by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively; and (E) by inserting after paragraph (5) the following: (6) Reports provided to consumers A person who uses a consumer report as described in paragraph (1) shall notify and direct the consumer reporting agency that provided the consumer report to provide the consumer with the disclosures described in section 612(b). . (3) Notification of subsequent submissions of negative information Section 623(a)(7)(A)(ii) of the Fair Credit Reporting Act ( 15 U.S.C. 1681s–2(a)(7)(A)(ii) account, or customer or account (4) Bureau rule defining certain disclosure requirements Section 609 of the Fair Credit Reporting Act ( 15 U.S.C. 1681g (h) Bureau rule defining certain disclosure requirements (1) Proposed rule Not later than 1 year after the date of enactment of the Stopping Errors in Consumer Use and REporting Act of 2017 (2) Considerations In formulating the rule required under paragraph (1), the Bureau shall consider— (A) what information would enable consumers to— (i) determine the reasons for which a person— (I) took adverse action; or (II) offered credit on materially less favorable terms; and (ii) verify the accuracy of that information; and (B) how to provide the information described in subparagraph (A) while protecting consumer privacy, including procedures to ensure that the information is provided to the consumer at the appropriate address. . 4. Regulatory reform Section 621 of the Fair Credit Reporting Act ( 15 U.S.C. 1681s (h) Consumer reporting agency registry (1) Establishment of registry Not later than 180 days after the date of enactment of the Stopping Errors in Consumer Use and REporting Act of 2017 (A) each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis; (B) each nationwide specialty consumer reporting agency; and (C) all other consumer reporting agencies that are not included under section 603(p) or 603(x). (2) Registration requirement Each consumer reporting agency shall register with a registry established by the Bureau under this subsection in a timeframe established by the Bureau. . 5. Identity theft protection for minors (a) In general The Fair Credit Reporting Act ( 15 U.S.C. 1681 15 U.S.C. 1681c–2 605C. Additional protections for credit reports of minor consumers (a) Definitions In this section— (1) the term blocked file (A) maintains with the name, social security number, date of birth, and, if applicable, any credit information of the minor consumer; (B) may not provide any person with a consumer report of the minor consumer; and (C) blocks the input of any information, except with permission from a covered guardian of the minor consumer; (2) the term covered guardian (A) the legal guardian of a minor child; (B) the custodian of a minor child; or (C) in the case of a child in foster care, the State agency or Indian tribe or tribal organization responsible for the foster care of the child; and (3) the term minor consumer (b) Blocking a file A consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall, upon request by, and receipt of appropriate proof of identity of, a minor consumer or the covered guardian of a minor consumer— (1) create a blocked file for the minor consumer; or (2) convert a file of the minor consumer already in existence to a blocked file. (c) Unblocking a file A consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall unblock a blocked file— (1) upon request by the covered guardian of a minor consumer; (2) if the file was blocked as a result of a material misrepresentation, including a representation that— (A) the consumer was a minor consumer when the consumer was not a minor consumer as of the date on which the representation was made; and (B) an individual was the covered guardian of a minor consumer when the individual was not the covered guardian of the minor consumer as of the date on which the representation was made; (3) on the date of the 16th birthday of the minor consumer; or (4) if the minor consumer becomes emancipated under the law of the State in which the minor consumer resides, on the date of the emancipation of the minor consumer. (d) Regulations The Bureau shall promulgate regulations to carry out this section. (e) Fees (1) In general A credit reporting agency may charge a fair and reasonable fee, as determined by the Bureau, to create a blocked file or to unblock a file. (2) Exemption The Bureau may exempt an individual who suspects that the individual has been a victim of fraud or identity theft from a fee described in paragraph (1). (f) Exceptions Nothing in this section may be construed as requiring a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis to prevent a Federal, State, or local law enforcement agency from accessing a blocked file. . (b) Table of contents amendment The table of contents of the Fair Credit Reporting Act ( 15 U.S.C. 1681 605C. Additional protections for credit reports of minor consumers. . 6. Study of a public credit reporting system (a) Study Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study— (1) of credit systems in the international credit system with government-administered consumer credit reporting systems; (2) of available information regarding the accuracy of government-administered consumer credit reporting systems that are in existence as of the date on which the Comptroller General begins conducting the study; (3) to evaluate the feasibility of a national, government-administered consumer credit reporting system; (4) of any consumer benefits that might reasonably be expected to result from a government-administered consumer credit reporting system; and (5) of any costs that might result from a government-administered consumer credit reporting system in the United States. (b) Publication of findings Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall publish the findings of the study conducted under subsection (a). 7. Effective date Except as otherwise provided in this Act and the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the date that is 180 days after the date of enactment of this Act.

Summary: Stopping Errors in Consumer Use and REporting Act of 2017 or the SECURE Act of 2017 This bill amends the Fair Credit Reporting Act with respect to civil liability for willful or negligent noncompliance with consumer credit protection requirements. Specifically, it authorizes a court to award: (1) injunctive relief to require compliance with that Act, and (2) costs and fees to the prevailing party in any successful action for injunctive relief. In disputes regarding information contained in a consumer's credit report, the consumer reporting agency must provide all documentation provided by the consumer to the furnisher of the disputed information. The furnisher must review and consider the documentation. The Consumer Financial Protection Bureau (CFPB) must issue rules to ensure accuracy of consumer reports issued by consumer reporting agencies. This bill adds negligence and willful violations of the Act as a basis for civil action and penalty by the Federal Trade Commission. A consumer reporting agency: (1) must give a consumer a credit score free of charge if one is requested in connection with a free annual consumer report, and (2) must provide free disclosures to any consumer who has received either a notice of adverse action or an offer of credit on materially less favorable terms. Upon request by a consumer under age 16 or the consumer's legal guardian or custodian, a consumer reporting agency may not provide anyone with the minor's consumer report, nor add information to the file without permission. The Government Accountability Office must study the feasibility of a government-administered consumer credit reporting system.