Consumer Credit Control Act of 2021

To amend the Fair Credit Reporting Act to require that a consumer authorize the release of certain information. 1. Short title This Act may be cited as the Consumer Credit Control Act of 2021 2. Permissible purposes of reports (a) In general The Fair Credit Reporting Act ( 15 U.S.C. 1681 (1) in section 604 ( 15 U.S.C. 1681b (A) by striking subsections (c) through (e) and inserting the following: (c) Conditions for furnishing certain consumer reports (1) In general A consumer reporting agency may furnish a consumer report for the following purposes only if the consumer reporting agency obtains affirmative informed consent of the consumer to furnish the consumer report and the consumer reporting agency verifies the identity of the consumer by reviewing the proper identification required under section 610: (A) An extension of credit pursuant to subsection (a)(3)(A). (B) The underwriting of insurance pursuant to subsection (a)(3)(C). (2) Additional reports; election After the consumer reporting agency obtains affirmative informed consent of the consumer and verifies the identity of the consumer under paragraph (1), the consumer reporting agency may continue to furnish consumer reports solely for the purposes of reviewing or collecting on an account described in subparagraphs (A) and (C) of subsection (a)(3). (3) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer (A) In general A consumer reporting agency may furnish a consumer report to a person in connection with any credit or insurance transaction under subparagraph (A) or (C) of subsection (a)(3) that is not initiated by the consumer only if— (i) the consumer reporting agency obtains affirmative informed consent of the consumer to furnish the consumer report and the consumer reporting agency verifies the identity of the consumer by reviewing the proper identification required under section 610; and (ii) the transaction consists of a firm offer of credit or insurance. (B) Election The consumer may elect to— (i) have the consumer’s name and addresses included in lists of names and addresses provided by the consumer reporting agency pursuant to subparagraphs (A) and (C) of subsection (a)(3) in connection with any credit or insurance transaction that is not initiated by the consumer only if— (I) the consumer reporting agency obtains affirmative informed consent of the consumer to furnish the consumer report and the consumer reporting agency verifies the identity of the consumer by reviewing the proper identification required under section 610; and (II) the transaction consists of a firm offer of credit or insurance; and (ii) revoke at any time the election pursuant to clause (i) to have the consumer's name and address included in lists provided by a consumer reporting agency. (C) Information regarding inquiries Except as provided in section 609(a)(5), a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer. (4) Disclosures (A) In general A person may not procure a consumer report for any purpose pursuant to subparagraphs (D), (F), and (G) of subsection (a)(3) unless— (i) a simple and easy to understand, as defined in section 1022.54(b) of title 12, Code of Federal Regulations, as in effect on the date of enactment of the Consumer Credit Control Act of 2021 (ii) the person has obtained affirmative informed consent of the consumer for the procurement of the consumer report by that person. (B) Authorizations The consent described in subparagraph (A)(ii) shall be provided on the disclosure described under subparagraph (A)(i). (5) Rule making Not later than 270 days after the date of enactment of the Consumer Credit Control Act of 2021 (A) implement this subsection; (B) establish a model form for the disclosure document pursuant to paragraph (4); (C) permit consumers to provide affirmative informed consent required by paragraph (1) for a specific time period for multiple users for the specified purpose during that time period; (D) require a consumer reporting agency— (i) to provide to each consumer a secure, convenient, accessible, and cost-free method, including by toll-free telephone or secure electronic means, by which a consumer may— (I) provide or revoke any affirmative informed consent pursuant to this subsection; and (II) make or revoke any election pursuant to paragraph (3)(B); (ii) to implement any provision or revocation of affirmative informed consent pursuant to this subsection not later than 1 business day after the date on which a consumer provides or revokes affirmative informed consent; and (iii) to implement any election or revocation of any election pursuant to paragraph (3)(B) not later than 1 business day after the date on which a consumer makes or revokes an election; and (E) define what constitutes affirmed informative consent in the manner that provides the greatest protection to consumers. (6) Prohibitions (A) In general The method described in paragraph (5)(D) shall not be used to— (i) collect any information on a consumer that is not necessary for the purpose of the consumer to allow or disallow the furnishing of consumer reports; or (ii) advertise any product or service. (B) No waiver In the offering of a method described in paragraph (5)(D), a consumer reporting agency shall not require a consumer to waive any rights nor indemnify the consumer reporting agency from any liabilities arising from the offering of such method. (7) Reports (A) CFPB (i) Recommendation Not later than 270 days after the date of enactment of the Consumer Credit Control Act of 2021 (ii) Report The Director of the Bureau shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual report that includes— (I) recommendations on how this subsection may be improved; (II) a description of efforts to educate consumers of their rights under this subsection; (III) a description of enforcement actions taken to demonstrate compliance with this subsection; (IV) recommendations on how to improve oversight of consumer reporting agencies and users of consumer reports; and (V) any other recommendations concerning how consumers may be provided greater transparency and control over their personal information. (B) GAO (i) Study The Comptroller General of the United States shall conduct a study on what additional protections or restrictions may be needed to ensure that the information collected in consumer files is secure and does not adversely impact consumers. (ii) Report Not later than 1 year after the date of enactment of the Consumer Credit Control Act of 2021 (I) to the greatest extent possible, the presentation of unambiguous conclusions and specific recommendations for further legislative changes needed to ensure that the information collected in consumer files is secure and does not adversely impact consumers; and (II) if no recommendations for further legislative changes are presented, a detailed explanation of why no such changes are recommended. ; (B) by redesignating subsections (f) and (g) as subsections (d) and (e), respectively; and (C) by adding at the end the following: (f) No fees No consumer reporting agency may charge a consumer any fee for any activity pursuant to or as a result of this section. ; (2) in section 607(a) ( 15 U.S.C. 1681e(a) (A) in the third sentence, by striking make a reasonable effort use commercially reasonable efforts (B) by inserting Every consumer reporting agency shall use commercially reasonable efforts to avoid unauthorized access to consumer reports and information in the file of a consumer maintained by the consumer reporting agency, including complying with any appropriate standards established under section 501(b) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801(b) (3) in section 609 ( 15 U.S.C. 1681g (b) Scope of disclosure The Director of the Bureau shall promulgate regulations to clarify that any disclosure required by subsection (a) shall be made to the consumer when a consumer makes a request, irrespective of whether the information required to be disclosed is held by the parent, subsidiary, or affiliate of a consumer reporting agency. ; and (4) in section 610(a)(1) ( 15 U.S.C. 1681h(a)(1) (A) by inserting , implementing the provision or revocation of any affirmative informed consent, or implementing any election or revocation of any election disclosures (B) by striking section 609 sections 604 and 609 (b) Technical and conforming amendments The Fair Credit Reporting Act ( 15 U.S.C. 1681 (1) in section 603(d)(3) ( 15 U.S.C. 1681a(d)(3) 604(g)(3) 604(e)(3) (2) in section 605A ( 15 U.S.C. 1681c–1 (A) by striking subsections (i) and (j); and (B) by redesignating subsection (k) as subsection (i); (3) in section 615(d) ( 15 U.S.C. 1681m(d) (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking 604(c)(1)(B) 604(c)(3)(A)(ii) (ii) in subparagraph (E), by striking 604(e) 604(c)(5)(D) (B) in paragraph (2)(A), by striking 604(e) 604(c)(5)(D) (4) in section 625(b)(1) ( 15 U.S.C. 1681t(b)(1) (A) in subparagraph (A), by striking subsection (c) or (e) of section 604 604(c)(3) (B) in subparagraph (I), by adding or (C) by striking subparagraph (J); and (D) by redesignating subparagraph (K) as subparagraph (J). (c) Applicability The amendments made by subsections (a) and (b) shall apply to a consumer report, as defined in section 603 of the Fair Credit Reporting Act ( 15 U.S.C. 1681a (1) the date on which the rules issued by the Bureau of Consumer Financial Protection under subsection (c)(5) of section 604 of the Fair Credit Reporting Act, as amended by subsection (a) of this section, require compliance; and (2) the date that is 18 months after the date of enactment of this Act.

Summary: Consumer Credit Control Act of 2021 This bill requires a consumer's affirmative informed consent before a consumer reporting agency may share that consumer's report with third parties for specified purposes. A consumer reporting agency must verify a consumer's identity when obtaining this consent. (Currently, this sharing is generally allowed unless a consumer opts out.) If the consumer provides consent, a consumer reporting agency may share information with a third party for an extension of credit or the underwriting of insurance. Additionally, in connection with transactions not initiated by the consumer, a consumer reporting agency may provide a consumer report with the consumer's consent only if the transaction consists of a firm offer of credit or insurance. Furthermore, consumer reporting agencies may not charge consumers fees in connection with furnishing consumer reports. The bill also requires consumer reporting agencies to use reasonable efforts to prevent data breaches of consumer reports. The Government Accountability Office must report on how best to protect information collected in consumer files.