205 
porting agency’s systems occurring 
outside of normal business hours; or 
‘‘(VI) commercially reasonable 
maintenance of, or repair to, the con-
sumer reporting agency’s systems that 
is unexpected or unscheduled; or 
‘‘(C) for a consumer who provides a cor-
rect personal identification number or pass-
word, fully remove an existing credit freeze 
from the file of the consumer not later than 1 
business day after receiving such request by 
postal mail, toll-free telephone, or secure elec-
tronic means established by the agency. 
‘‘(2) FEES.— 
‘‘(A) CLASSES OF CONSUMERS.—The Bu-
reau may establish classes of consumers eligible 
to place, temporarily lift, or fully remove a 
credit freeze free of charge. 
‘‘(B) NO
FEE.—A consumer reporting 
agency described in section 603(p) may not 
charge a consumer a fee to place, temporarily 
lift, or fully remove a credit freeze if the con-
sumer or a representative of the consumer— 
‘‘(i) asserts in good faith a suspicion 
that the consumer has been or is about to 
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become a victim of identity theft, fraud, or 
a related crime, or harmed by the unau-
thorized disclosure of the consumer’s fi-
nancial or personally identifiable informa-
tion; 
‘‘(ii) is an active duty military con-
sumer; 
‘‘(iii) is 65 years of age or older; or 
‘‘(iv) is a member of a class estab-
lished by the Bureau under subparagraph 
(A). 
‘‘(C) LIMITATION
ON
FEES.—For con-
sumers not described in subparagraph (B), a 
consumer reporting agency may charge not 
more than $3 (as adjusted by the Bureau on 
January 1st of each year, based proportionally 
on changes in the Consumer Price Index for All 
Urban Consumers published by the Bureau of 
Labor Statistics of the Department of Labor, 
with fractional changes rounded to the nearest 
50 cents) for each request by a consumer or a 
representative of the consumer to place, tempo-
rarily lift, or fully remove a credit freeze. 
‘‘(3) ACCESS TO FREE REPORTS AND CREDIT 
OR EDUCATIONAL CREDIT SCORES.—If a consumer 
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207 
reporting agency includes a credit freeze in the file 
of a consumer described in paragraph (2)(A), the 
consumer reporting agency shall— 
‘‘(A) disclose to the consumer that the con-
sumer may request a free copy of the file and 
credit score or educational credit score of the 
consumer pursuant to section 612(d) on an an-
nual basis beginning on the date the freeze is 
placed and ending on the date that is 12 
months after the freeze is fully removed; and 
‘‘(B) provide to the consumer all disclo-
sures required to be made under section 609, 
without charge to the consumer, not later than 
3 business days after any request described in 
paragraph (1) is made. 
‘‘(4) OTHER REQUIREMENTS.—During the pe-
riod beginning on the date a consumer or a rep-
resentative of the consumer requests to place a cred-
it freeze and ending the date on which the consumer 
or representative requests to fully remove a credit 
freeze, a consumer reporting agency shall exclude 
the consumer from any list of consumers prepared 
by the consumer reporting agency and provided to 
any third party to offer credit or insurance to the 
consumer as part of a transaction that was not initi-
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ated by the consumer, unless the consumer or such 
representative requests that such exclusion be re-
scinded before end of such period. 
‘‘(5) NOTICE
TO
CONSUMERS
REGARDING 
CHANGES TO CERTAIN PERSONALLY IDENTIFIABLE 
INFORMATION.—A consumer reporting agency may 
not change the name, date of birth, social security 
number, or address of a consumer in the file of the 
consumer during the period that a credit freeze is in 
place unless the consumer reporting agency sends a 
written confirmation of the change to the consumer 
within 30 days of the change being posted to the 
consumer’s file. Written confirmation shall not be 
required for technical modifications of a consumer’s 
personally identifiable information including name 
and street abbreviations, complete spellings, or 
transposition of numbers or letters. In the case of an 
address change of the consumer, any written con-
firmation shall be sent to the new address and 
former address of the consumer. 
‘‘(6) NONAPPLICABILITY TO CERTAIN PUBLIC 
RECORD INFORMATION.—A credit freeze placed on 
the file of a consumer shall not prohibit a consumer 
reporting agency from disclosing public record infor-
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209 
mation lawfully obtained by, or for, the consumer re-
porting agency from an open public record. 
‘‘(7) RELATION
TO
STATE
LAW.—This sub-
section does not annul, alter, or affect in any man-
ner the meaning, scope or applicability of the laws 
of any State relating to credit freezes or other simi-
lar actions, except to the extent those laws are in-
consistent with any provision of this title, and then 
only to the extent of the inconsistency. For purposes 
of this subsection, a term or provision of a State law 
is not inconsistent with the provisions of this sub-
section if the term or provision affords greater pro-
tection and benefit to the consumer than the protec-
tion and benefit provided under this subsection as 
determined by the Bureau, on its own motion or 
upon the petition of any interested party.’’. 
SEC. 806. REQUIRES DISCLOSURE OF CONSUMER RIGHTS 
RELATED TO CREDIT FREEZES. 
(a) SUMMARY
OF RIGHTS RELATED
TO CREDIT 
FREEZES.—Section 609(c)(1) of the Fair Credit Report-
ing Act (15 U.S.C. 1681g(c)(1)), as amended by section 
105(d)(1)(C)(iv), is further amended by adding at the end 
the following new subparagraph: 
‘‘(E) SUMMARY OF RIGHTS RELATED TO 
CREDIT FREEZES.—The Bureau shall publish, 
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210 
and consumer reporting agencies described 
under section 603(p) shall distribute to con-
sumers, the following notice: 
‘‘ ‘CREDIT FREEZES. 
‘‘ ‘Consumers have the right to obtain a credit freeze 
under Federal law from any of the nationwide consumer 
reporting agencies. You have a right to place a credit 
freeze on your consumer report, which will prohibit a con-
sumer reporting agency from releasing information in your 
consumer report without your express authorization. A 
credit freeze may be requested in writing by mail, by toll- 
free telephone, or by electronic means as provided by a 
consumer reporting agency. A credit freeze is designed to 
prevent credit, loans, and services from being approved in 
your name without your consent. If you are actively seek-
ing a new credit, loan, utility, telephone, or insurance ac-
count, you should understand that the procedures involved 
in lifting a credit freeze may slow your applications for 
such accounts and you should plan ahead and lift a freeze 
in advance of actually applying for any of these type of 
accounts. When you place a credit freeze on your con-
sumer report, you will be provided a personal identification 
number or password to use if you choose to fully remove 
the freeze on your consumer report or temporarily author-
ize the release of your consumer report for a period of 
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211 
time after the freeze is in place to a specific party or par-
ties. To provide that authorization you must contact each 
consumer reporting agency individually and provide your 
personal identification number or password, proper identi-
fication to verify your identity, and the period of time for 
which you would like the report to be available. A con-
sumer reporting agency must authorize the release of your 
consumer report no later than 15 minutes after receiving 
the above information if the request is by toll-free tele-
phone, or secure electronic means, and no later than one 
business day when a written request is submitted by mail. 
A credit freeze does not apply to a person or entity, or 
its affiliates or collection agencies acting on behalf of the 
person or entity, with which you have an existing account, 
that requests information in your consumer report for the 
purposes of reviewing or collecting the account. Reviewing 
the account includes activities related to account mainte-
nance. Unless you suspect you have been or are about to 
become a victim of identity theft, fraud, a related crime, 
or harmed by the unauthorized disclosure of your financial 
or personally identifiable information, are an active duty 
military servicemember, are 65 years of age or older, or 
as otherwise identified as an eligible consumer by the Bu-
reau of Consumer Financial Protection, a consumer re-
porting agency has the right to charge you a fee of no 
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212 
more than $3 dollars each time you place, temporarily lift, 
or fully remove a credit freeze. However, if you reside in 
a State that provides greater protections with respect to 
the circumstances, method, or frequency for obtaining a 
credit freeze than is available under the Federal law, those 
State protections and benefits will apply to you.’.’’. 
(b) CLARIFICATION OF INFORMATION TO BE IN-
CLUDED
WITH
AGENCY
DISCLOSURES.—Section 
609(c)(2) of such Act (15 U.S.C. 1681g(c)(2)) is amend-
ed— 
(1) in subparagraph (B)— 
(A) by striking ‘‘consumer reporting agen-
cy described in section 603(p)’’ and inserting 
‘‘consumer reporting agency described in sub-
section (p) or (x) of section 603’’; 
(B) by striking ‘‘the agency’’ and inserting 
‘‘such an agency’’; and 
(C) by inserting ‘‘and an Internet website 
address’’ after ‘‘hours’’; and 
(2) in subparagraph (E), by striking ‘‘outdated 
under section 605 or’’ and inserting ‘‘outdated, re-
quired to be removed, or’’. 
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213 
SEC. 807. PROVIDES ACCESS TO FRAUD RECORDS FOR VIC-
TIMS. 
Section 609(e) of the Fair Credit Reporting Act (15 
U.S.C. 1681g(e)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘resulting from identity 
theft’’; 
(B) by striking ‘‘claim of identity theft’’ 
and inserting ‘‘claim of fraudulent activity’’; 
and 
(C) by striking ‘‘any transaction alleged to 
be a result of identity theft’’ and inserting ‘‘any 
fraudulent transaction’’; 
(2) in paragraph (2)(B)— 
(A) by striking ‘‘identity theft, at the elec-
tion of the business entity’’ and inserting 
‘‘fraudulent activity’’; 
(B) by amending clause (i) to read as fol-
lows: 
‘‘(i) a copy of an identity theft report; 
or’’; and 
(C) by amending clause (ii) to read as fol-
lows: 
‘‘(ii) an affidavit of fact that is ac-
ceptable to the business entity for that 
purpose.’’; 
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214 
(3) in paragraph (3), by striking ‘‘identity 
theft’’ and inserting ‘‘fraudulent activity’’; 
(4) by striking paragraph (8) and redesignating 
paragraphs (9) through (13) as paragraphs (8) 
through (12), respectively; and 
(5) in paragraph (10) (as so redesignated), by 
striking ‘‘or a similar crime’’ and inserting ‘‘, fraud, 
or a related crime’’. 
SEC. 808. REQUIRED BUREAU TO SET PROCEDURES FOR 
REPORTING IDENTITY THEFT, FRAUD, AND 
OTHER RELATED CRIME. 
Section 621(f)(2) of the Fair Credit Reporting Act 
(15 U.S.C. 1681s(f)(2)) is amended— 
(1) in the paragraph heading, by striking 
‘‘MODEL FORM’’ and inserting ‘‘STANDARDIZED AF-
FIDAVIT’’; 
(2) by striking ‘‘The Commission’’ and insert-
ing ‘‘The Bureau’’; 
(3) by striking ‘‘model form’’ and inserting 
‘‘standardized affidavit’’; 
(4) by inserting after ‘‘identity theft’’ the fol-
lowing: ‘‘, fraud, or a related crime, or otherwise are 
harmed by the unauthorized disclosure of the con-
sumer’s financial or personally identifiable informa-
tion,’’; and 
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215 
(5) by striking ‘‘fraud.’’ and inserting ‘‘identity 
theft, fraud, or other related crime. Such standard-
ized affidavit and procedures shall not include a re-
quirement that a consumer obtain a police report.’’. 
SEC. 809. ESTABLISHES THE RIGHT TO FREE CREDIT MONI-
TORING AND IDENTITY THEFT PROTECTION 
SERVICES FOR CERTAIN CONSUMERS. 
Section 605A of the Fair Credit Reporting Act (15 
U.S.C. 1681c–1(a)), as amended by section 805, is further 
amended by adding at the end the following: 
‘‘(j) CREDIT MONITORING
AND IDENTITY THEFT 
PROTECTION SERVICES.— 
‘‘(1) IN GENERAL.—Upon the direct request of 
a consumer, or individual acting on behalf of or as 
a personal representative of a consumer, a consumer 
reporting agency described in section 603(p) that 
maintains a file on the consumer and has received 
appropriate proof of the identity of the requester (as 
described in section 1022.123 of title 12, Code of 
Federal Regulations) shall provide the consumer 
with credit monitoring and identity theft protection 
services not later than 1 business day after receiving 
such request sent by postal mail, toll-free telephone, 
or secure electronic means as established by the 
agency. 
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216 
‘‘(2) FEES.— 
‘‘(A) CLASSES OF CONSUMERS.—The Bu-
reau may establish classes of consumers eligible 
to receive credit monitoring and identity theft 
protection services free of charge. 
‘‘(B) NO
FEE.—A consumer reporting 
agency described in section 603(p) may not 
charge a consumer a fee to receive credit moni-
toring and identity theft protection services if 
the consumer or a representative of the con-
sumer— 
‘‘(i) asserts in good faith a suspicion 
that the consumer has been or is about to 
become a victim of identity theft, fraud, or 
a related crime, or harmed by the unau-
thorized disclosure of the consumer’s fi-
nancial or personally identifiable informa-
tion; 
‘‘(ii) is unemployed and intends to 
apply for employment in the 60-day period 
beginning on the date on which the request 
is made; 
‘‘(iii) is a recipient of public welfare 
assistance; 
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‘‘(iv) is an active duty military con-
sumer; 
‘‘(v) is 65 years of age or older; or 
‘‘(vi) is a member of a class estab-
lished by the Bureau under subparagraph 
(A). 
‘‘(3) BUREAU RULEMAKING.—The Bureau shall 
issue regulations— 
‘‘(A) to define the scope of credit moni-
toring and identity theft protection services re-
quired under this subsection; and 
‘‘(B) to set a fair and reasonable fee that 
a consumer reporting agency may charge a con-
sumer (other than a consumer described under 
paragraph (2)(B)) for such credit monitoring 
and identity theft protection services. 
‘‘(4) RELATION
TO
STATE
LAW.—This sub-
section does not annul, alter, or affect in any man-
ner the meaning, scope or applicability of the laws 
of any State relating to credit monitoring and iden-
tity theft protection services or other similar actions, 
except to the extent those laws are inconsistent with 
any provision of this title, and then only to the ex-
tent of the inconsistency. For purposes of this sub-
section, a term or provision of a State law is not in-
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218 
consistent with the provisions of this subsection if 
the term or provision affords greater protection and 
benefit to the consumer than the protection and ben-
efit provided under this subsection as determined by 
the Bureau, on its own motion or upon the petition 
of any interested party.’’. 
SEC. 810. ENSURES REMOVAL OF INQUIRIES RESULTING 
FROM IDENTITY THEFT, FRAUD, OR OTHER 
RELATED CRIME FROM CONSUMER REPORTS. 
Section 605(a) of the Fair Credit Reporting Act (15 
U.S.C. 1681c(a)), as amended by section 401, is further 
amended by adding at the end the following: 
‘‘(14) Information about inquiries made for a 
credit report based on requests that the consumer 
reporting agency verifies were initiated as the result 
of identity theft, fraud, or other related crime.’’. 
TITLE IX—MISCELLANEOUS 
SEC. 901. DEFINITIONS RELATED TO DAYS. 
Section 603 of the Fair Credit Reporting Act (15 
U.S.C. 1681a), as amended by section 601, is further 
amended by adding at the end the following: 
‘‘(bb) DEFINITIONS RELATED TO DAYS.— 
‘‘(1) CALENDAR DAY; DAY.—The term ‘calendar 
day’ or ‘day’ means a calendar day, excluding any 
federally recognized holiday. 
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‘‘(2) BUSINESS DAY.—The term ‘business day’ 
means a day between and including Monday to Fri-
day, and excluding any federally recognized holi-
day.’’. 
SEC. 902. TECHNICAL CORRECTION RELATED TO RISK- 
BASED PRICING NOTICES. 
Section 615(h)(8) of the Fair Credit Reporting Act 
(15 U.S.C. 1681m) is amended— 
(1) in subparagraph (A), by striking ‘‘this sec-
tion’’ and inserting ‘‘this subsection’’; and 
(2) in subparagraph (B), by striking ‘‘This sec-
tion’’ and inserting ‘‘This subsection’’. 
SEC. 903. FCRA FINDINGS AND PURPOSE; VOIDS CERTAIN 
CONTRACTS NOT IN THE PUBLIC INTEREST. 
(a) FCRA FINDINGS AND PURPOSE.—Section 602 of 
the Fair Credit Reporting Act (15 U.S.C. 1681(a)) is 
amended— 
(1) in subsection (a)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) Many financial and non-financial decisions 
affecting consumers’ lives depend upon fair, com-
plete, and accurate credit reporting. Inaccurate and 
incomplete credit reports directly impair the effi-
ciency of the financial system and undermine the in-
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220 
tegrity of using credit reports in other cir-
cumstances, and unfair credit reporting and credit 
scoring methods undermine the public confidence 
which is essential to the continued functioning of the 
financial services system and the provision of many 
other consumer products and services.’’; and 
(B) in paragraph (4), by inserting after 
‘‘agencies’’ the following: ‘‘, furnishers, and 
credit scoring developers’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘It is the purpose of this 
title to require’’ and inserting the following: 
‘‘The purpose of this title is the following: 
‘‘(1) To require’’; and 
(B) by adding at the end the following: 
‘‘(2) To prohibit any practices and procedures 
with respect to credit reports and credit scores that 
are not in the public interest.’’. 
(b) VOIDING OF CERTAIN CONTRACTS NOT IN THE 
PUBLIC INTEREST.— 
The Fair Credit Reporting Act (15 U.S.C. 1681 
et seq.), as amended by section 703, is further 
amended— 
(1) by adding at the end the following new sec-
tion: 
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‘‘§ 636. Voiding of certain contracts not in the public 
interest 
‘‘(a) IN GENERAL.—Any provision contained in a 
contract that requires a person to not follow a provision 
of this title, that is against the public interest, or that 
otherwise circumvents the purposes of this title shall be 
null and void. 
‘‘(b) RULE
OF CONSTRUCTION.—Nothing in sub-
section (a) shall be construed as affecting other provisions 
of a contract that are not described under subsection 
(a).’’; and 
(2) in the table of contents for such Act, by 
adding at the end the following new item: 
‘‘636. Voiding of certain contracts not in the public interest.’’. 
SEC. 904. GENERAL BUREAU RULEMAKING. 
Except as otherwise provided, not later than the end 
of the 2-year period beginning on the date of the enact-
ment of this Act, the Bureau of Consumer Financial Pro-
tection shall issue final rules to implement the amend-
ments made by this Act. 
Æ 
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