Protecting Consumer Information Act of 2018

To direct the Federal Trade Commission to review and potentially revise its standards for safeguarding customer information to ensure that such standards require certain consumer reporting agencies and service providers of such agencies to maintain sufficient safeguards against cyber attacks and related threats, to provide for additional authority to enforce such standards with respect to such agencies and providers, and for other purposes. 1. Short title This Act may be cited as the Protecting Consumer Information Act of 2018 2. Standards for cybersecurity safeguards for certain consumer reporting agencies and service providers (a) Review of standards; potential revision (1) Review Not later than 90 days after the date of the enactment of this Act, the Commission shall complete a review of the standards contained in the regulations issued by the Commission under section 501 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 (2) Revision If the Commission determines in the review completed under paragraph (1) that the standards contained in the regulations issued by the Commission under section 501 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 (b) Investigations (1) Initial investigation (A) In general Not later than 18 months after the date described in subparagraph (B), the Commission shall complete an investigation of each person or entity that, as of the date described in such subparagraph, is a covered consumer reporting agency or covered service provider, to determine whether such agency or provider is in compliance with the regulations issued by the Commission under section 501 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 (B) Date described The date described in this subparagraph is— (i) if no revision of such regulations is required by paragraph (2) of subsection (a), the date of the completion of the review required by paragraph (1) of such subsection; or (ii) if revision of such regulations is required by paragraph (2) of such subsection, the date on which the Commission issues the revised regulations. (2) Subsequent investigations From time to time after the date that is 18 months after the date described in paragraph (1)(B), the Commission shall complete an investigation of each covered consumer reporting agency and each covered service provider to determine whether such agency or provider is in compliance with the regulations issued by the Commission under section 501 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 3. Enforcement by Federal Trade Commission (a) Unfair or deceptive acts or practices A violation of a regulation issued by the Commission under section 501 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 Federal Trade Commission Act 15 U.S.C. 57a(a)(1)(B) (b) Powers of Commission The Commission shall enforce, with respect to covered consumer reporting agencies and covered service providers, the regulations issued by the Commission under section 501 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 Federal Trade Commission Act 15 U.S.C. 41 4. Enforcement by State attorneys general (a) In general In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice by a covered consumer reporting agency or covered service provider in violation of a regulation issued by the Commission under section 501 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 (1) enjoin such act or practice; (2) enforce compliance with such regulation; (3) obtain damages, restitution, or other compensation on behalf of residents of the State; or (4) obtain such other legal and equitable relief as the court may consider to be appropriate. (b) Notice Before filing an action under this section, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this subsection before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (c) Authority of Commission (1) In general On receiving notice under subsection (b) of an action under this section, the Commission shall have the right— (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (2) Limitation on State action while Federal action is pending If the Commission or the Attorney General of the United States has instituted a civil action for violation of a regulation issued by the Commission under section 501 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 Federal action (d) Rule of construction For purposes of bringing a civil action under this section, nothing in this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. 5. Definitions In this Act: (1) Commission The term Commission (2) Covered consumer reporting agency The term covered consumer reporting agency 15 U.S.C. 1681a(p) (3) Covered service provider The term covered service provider

Summary: Protecting Consumer Information Act of 2018 This bill requires the Federal Trade Commission to review protections of customer information against cyber threats. The bill includes provisions related to investigations, enforcement, and regulations that apply to consumer reporting agencies.