I 
115TH CONGRESS 
2D SESSION 
H. R. 6192 
To amend the Credit Repair Organizations Act to facilitate the development 
of consumer credit services, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 22, 2018 
Mr. ROYCE of California introduced the following bill; which was referred to 
the Committee on Financial Services, and in addition to the Committee 
on Energy and Commerce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To amend the Credit Repair Organizations Act to facilitate 
the development of consumer credit services, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Credit Services Protec-
tion Act of 2018’’. 
SEC. 2. PROTECTION OF CONSUMER CREDIT SERVICES. 
(a) IN GENERAL.—The Credit Repair Organizations 
Act (15 U.S.C. 1679 et seq.) is amended— 
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(1) by striking ‘‘title’’ each place such term ap-
pears and inserting ‘‘chapter’’; 
(2) by striking ‘‘TITLE IV—CREDIT RE-
PAIR 
ORGANIZATIONS’’ 
and 
inserting 
‘‘TITLE IV—CONSUMER CREDIT SERV-
ICES’’; 
(3) by inserting before the table of contents for 
such Act the following: 
‘‘CHAPTER 1—CREDIT REPAIR’’; 
(4) in section 403(3)(B)— 
(A) in clause (ii), by striking ‘‘or’’ at the 
end; 
(B) in clause (iii), by striking the period 
and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(iv) any authorized credit services 
provider to the extent such provider offers, 
sells, provides, or performs credit and iden-
tity protection services or credit education 
services (as such terms are defined, respec-
tively, under section 423).’’; and 
(5) by inserting after section 413 the following: 
‘‘CHAPTER 2—CREDIT AND IDENTITY 
PROTECTION AND CREDIT EDUCATION 
‘‘Sec. 421. Short title. 
‘‘Sec. 422. Findings. 
‘‘Sec. 423. Definitions. 
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‘‘Sec. 424. Promotion of credit and identity protection services and credit edu-
cation services. 
‘‘Sec. 425. Applicability of Credit Repair Organizations Act to activities of au-
thorized credit services providers other than credit and identity 
protection services or credit education services. 
‘‘Sec. 426. Relation to State law. 
‘‘Sec. 427. Process for registering as authorized credit services provider. 
‘‘SEC. 421. SHORT TITLE. 
‘‘This chapter may be cited as the ‘Credit Services 
Protection Act’. 
‘‘SEC. 422. FINDINGS. 
‘‘The Congress makes the following findings: 
‘‘(1) Consumer reports and credit scores have 
become widely available to consumers. In order to 
fully benefit from such access, however, consumers 
also need the tools to understand and improve their 
credit standing. By doing so consumers can gain 
greater access to credit and on better terms, which 
can help alleviate poverty, sustain the middle class, 
and grow the economy. 
‘‘(2) As cyber-attacks and data breaches have 
proliferated, consumers’ credit standing has also be-
come increasingly threatened by identity theft, 
fraud, and other forms of unauthorized access. To 
help protect against these threats, consumers turn to 
credit monitoring and other credit and identity pro-
tection tools and services. 
‘‘(3) Enacted in 1996, the Credit Repair Orga-
nizations Act (15 U.S.C. 1679 et seq.) remains an 
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important law to protect consumers from exploi-
tation, but in recent years the law also has worked 
to prevent credit education and credit and identity 
theft protection services from reaching consumers. 
‘‘(4) The provision of credit and identity protec-
tion services and credit education services should be 
accompanied by reasonable and appropriate con-
sumer protections. 
‘‘(5) Persons who choose to register as an au-
thorized credit services provider pursuant to section 
427 and who offer, sell, provide, or perform credit 
and identity protection services and credit education 
services should have the certainty of a safe harbor 
from the Credit Repair Organizations Act that this 
chapter providers. 
‘‘SEC. 423. DEFINITIONS. 
‘‘For the purposes of this chapter, the following defi-
nitions apply: 
‘‘(1) AUTHORIZED
CREDIT
SERVICES
PRO-
VIDER.—The term ‘authorized credit services pro-
vider’ means a person that has registered as an au-
thorized credit services provider under section 427. 
‘‘(2) CREDIT.—The term ‘credit’ has the mean-
ing given that term under section 403 of the Credit 
Repair Organizations Act. 
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‘‘(3) CREDIT AND IDENTITY PROTECTION SERV-
ICE.—The term ‘credit and identity protection serv-
ice’— 
‘‘(A) means any service offered, sold, pro-
vided, or performed to or for consumers for the 
express or implied purpose of protecting a con-
sumer’s credit standing or to detect or prevent 
the commission or remediate the consequences 
of identity theft, fraud, data breach, or other 
unauthorized financial or credit-related activity; 
and 
‘‘(B) does not include— 
‘‘(i) advising or assisting in any activ-
ity described in subparagraphs (A) through 
(C) of section 427(b)(2); 
‘‘(ii) any services marketed to a con-
sumer during a call or session with a con-
sumer reporting agency (as defined under 
section 603(f) of the Fair Credit Reporting 
Act) regarding the exercise of any con-
sumer right under the Fair Credit Report-
ing Act or applicable State laws prior to 
the consumer reporting agency meeting its 
obligations under the Fair Credit Report-
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ing Act or applicable State law required 
for such call or session; or 
‘‘(iii) any services provided without 
compliance 
with 
sections 
424(c) 
and 
424(d). 
‘‘(4) CREDIT EDUCATION SERVICE.—The term 
‘credit education service’— 
‘‘(A) means any service offered, sold, pro-
vided, or performed to or for consumers for the 
express or implied purpose of counseling, edu-
cating, or assisting consumers in under-
standing, managing, or prospectively improving 
their credit standing, consumer report, credit 
scores, or access to credit; and 
‘‘(B) does not include— 
‘‘(i) advising or assisting in any activ-
ity described in subparagraphs (A) through 
(C) of section 427(b)(2); 
‘‘(ii) any services marketed to a con-
sumer during a call or session with a con-
sumer reporting agency (as defined under 
section 603(f) of the Fair Credit Reporting 
Act) regarding the exercise of any con-
sumer right under the Fair Credit Report-
ing Act or applicable State laws prior to 
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the consumer reporting agency meeting its 
obligations under the Fair Credit Report-
ing Act or applicable State law required 
for such call or session; or 
‘‘(iii) any services provided without 
compliance 
with 
sections 
424(c) 
and 
424(d). 
‘‘(5) CONSUMER.—The term ‘consumer’ has the 
meaning given that term under section 403 of the 
Credit Repair Organizations Act. 
‘‘(6) CONSUMER REPORT.—The term ‘consumer 
report’ has the meaning given that term under sec-
tion 603 of the Fair Credit Reporting Act. 
‘‘SEC. 424. PROMOTION OF CREDIT AND IDENTITY PROTEC-
TION SERVICES AND CREDIT EDUCATION 
SERVICES. 
‘‘(a) INAPPLICABILITY OF THE CREDIT REPAIR OR-
GANIZATIONS ACT TO CREDIT AND IDENTITY PROTEC-
TION SERVICES AND CREDIT EDUCATION SERVICES.— 
The Credit Repair Organizations Act (15 U.S.C. 1679 et 
seq.) shall not apply to any authorized credit services pro-
vider to the extent such provider offers, sells, provides, or 
performs credit and identity protection services or credit 
education services. 
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‘‘(b) PROHIBITED PRACTICES.—No authorized credit 
services provider may— 
‘‘(1) make any statement, or counsel or advise 
any consumer to make any statement, which is un-
true or misleading (or which, upon the exercise of 
reasonable care, should be known by the authorized 
credit services provider officer, employee, agent, or 
other person to be untrue or misleading) with re-
spect to any consumer’s credit worthiness, credit 
standing, or credit capacity to— 
‘‘(A) any consumer reporting agency (as 
defined under section 603(f) of the Fair Credit 
Reporting Act); or 
‘‘(B) any person— 
‘‘(i) who has extended credit to the 
consumer; or 
‘‘(ii) to whom the consumer has ap-
plied or is applying for an extension of 
credit; 
‘‘(2) make any statement, or counsel or advise 
any consumer to make any statement, the intended 
effect of which is to alter the consumer’s identifica-
tion to prevent the display of the consumer’s credit 
record, history, or rating for the purpose of con-
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cealing adverse information that is accurate and not 
obsolete to— 
‘‘(A) any consumer reporting agency (as 
defined under section 603(f) of the Fair Credit 
Reporting Act); or 
‘‘(B) any person— 
‘‘(i) who has extended credit to the 
consumer; 
‘‘(ii) to whom the consumer has ap-
plied or is applying for an extension of 
credit; or 
‘‘(iii) who has a permissible purpose 
to obtain a consumer report under section 
604 of the Fair Credit Reporting Act (15 
U.S.C. 1681b) and is making an eligibility 
determination in a transaction initiated by 
the consumer; 
‘‘(3) make or use any untrue or misleading 
statement of the services offered by the authorized 
credit services provider; or 
‘‘(4) engage, directly or indirectly, in any act, 
practice, or course of business that constitutes or re-
sults directly in the commission of, or attempt to 
commit, a fraud or deception on any person in con-
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nection with the offer or sale of the services of the 
authorized credit services provider. 
‘‘(c) MANDATORY DISCLOSURE.—Except as other-
wise provided by law, an authorized credit services pro-
vider shall disclose, in writing or electronically, the fol-
lowing disclosure, or a substantially similar disclosure, to 
the consumer prior to the authorized credit services pro-
vider commencing credit and identity protection services 
or credit education services to the consumer: 
‘‘Consumer Credit File Rights 
‘‘You have a right to dispute inaccurate information 
in your credit report free of charge by contacting the cred-
it bureau directly. However, neither you nor any other 
company or organization has the right to have accurate, 
current, and verifiable information removed from your 
credit report. Under Federal law, the credit bureau must 
remove accurate, negative information from your report 
only if it is over 7 years old. Bankruptcy information can 
be reported for 10 years. It is unlawful to conceal, distort, 
or otherwise provide misleading information to a credit bu-
reau. 
‘‘You have a right to obtain a free copy of your credit 
report annually from each of the three nationwide credit 
bureaus at www.annualcreditreport.com. 
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‘‘You have a right to obtain a copy of your credit 
report from a credit bureau at any other time for a reason-
able fee. There is no fee, however, if you have been turned 
down for credit, employment, insurance, or a rental dwell-
ing because of information in your credit report within the 
preceding 60 days. The credit bureau must provide at no 
cost to you someone to explain to you any information in 
the credit file disclosure you receive from the credit report-
ing agency. You are entitled to receive a free copy of your 
credit report if you are unemployed and intend to apply 
for employment in the next 60 days, if you are a recipient 
of public welfare assistance, or if you have reason to be-
lieve that there is inaccurate information in your credit 
report due to fraud. 
‘‘Credit bureaus are required to follow reasonable 
procedures to ensure that the information they report is 
accurate. However, mistakes may occur. 
‘‘You may, on your own, notify a credit bureau in 
writing, through a toll-free telephone number established 
by the credit bureau or through a function of the credit 
bureau’s website, if available, that you dispute the accu-
racy of information in your credit file. The credit bureau 
must then investigate your dispute and modify or remove 
inaccurate or incomplete information. The credit bureau 
may not charge any fee for this service. Any pertinent in-
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formation and copies of all documents you have concerning 
an error should be given to the credit bureau. 
‘‘If the credit bureau’s investigation does not resolve 
the dispute to your satisfaction, you may send a brief 
statement to the credit bureau, to be kept in your file, 
explaining why you think the record is inaccurate. The 
credit bureau must include a summary of your statement 
about disputed information with any report it issues about 
you. 
‘‘There are many different credit score models that 
can give an assessment of your relative risk of default for 
the same credit report. This risk of default is typically 
expressed in a three-digit number known as a credit score. 
‘‘There are various types of credit scores, and lenders 
use a variety of different types of credit scores to make 
lending decisions. 
‘‘The Federal Trade Commission is one of the agen-
cies that regulates credit bureaus. For more information 
visit www.consumer.ftc.gov. You may also contact the Bu-
reau 
of 
Consumer 
Financial 
Protection 
at 
www.consumerfinance.gov. 
‘‘(d) RIGHT TO TERMINATION OF CONTRACT.— 
‘‘(1) IN GENERAL.—A consumer shall have the 
right to terminate a contract for credit and identity 
theft protection services and credit education serv-
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ices within three business days beginning on the 
date that the consumer enters into such contract 
with the authorized credit services provider. 
‘‘(2) REASONABLE
VALUE
PROVIDED.—If a 
consumer terminates a contract pursuant to para-
graph (1), the authorized credit services provider 
shall be entitled to the reasonable value for services 
actually rendered prior to termination, not to exceed 
the total amount paid by the consumer, but an au-
thorized credit services provider is not entitled to re-
tain any fees if no services were rendered. 
‘‘(e) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.—A violation of this section shall be treated as a vio-
lation of a rule issued under section 18(a)(1)(B) of the 
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) 
regarding unfair or deceptive acts or practices. The Fed-
eral Trade Commission shall enforce this section in the 
same manner, by the same means, and with the same ju-
risdiction, powers, and duties as though all applicable 
terms and provisions of the Federal Trade Commission 
Act (15 U.S.C. 41 et seq.) were incorporated into and 
made a part of this section. 
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‘‘SEC. 425. APPLICABILITY OF CREDIT REPAIR ORGANIZA-
TIONS ACT TO ACTIVITIES OF AUTHORIZED 
CREDIT SERVICES PROVIDERS OTHER THAN 
CREDIT AND IDENTITY PROTECTION SERV-
ICES OR CREDIT EDUCATION SERVICES. 
‘‘(a) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.—The Credit Repair Organizations Act (15 U.S.C. 
1679 et seq.) shall be enforced solely by the Federal Trade 
Commission in accordance with subsections (a) and (b) of 
section 410 of that Act with respect to any authorized 
credit services provider. 
‘‘(b) CIVIL LIABILITY
AND ADMINISTRATIVE EN-
FORCEMENT.—Sections 409 and 410(c) of the Credit Re-
pair Organizations Act (15 U.S.C. 1679 et seq.) shall not 
apply to any authorized credit services provider. 
‘‘SEC. 426. RELATION TO STATE LAW. 
‘‘(a) EXEMPTION FOR AUTHORIZED CREDIT SERV-
ICES PROVIDERS.—The provisions of this chapter super-
sede any law or regulation of any State with respect to 
the subject matter of this chapter or the Credit Repair 
Organizations Act (15 U.S.C. 1679 et seq.) to the extent 
that the State law would apply to any authorized credit 
services provider. 
‘‘(b) STATE LAWS REGARDING UNFAIR OR DECEP-
TIVE ACTS OR PRACTICES NOT AFFECTED.—Except for 
any provision contained in any State law superseded under 
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subsection (a), this section is not intended to preempt any 
law of any State that prohibits unfair or deceptive acts 
or practices, including the making of false or misleading 
statements in the marketing of products or services. 
‘‘SEC. 427. PROCESS FOR REGISTERING AS AUTHORIZED 
CREDIT SERVICES PROVIDER. 
‘‘(a) APPLICATION FOR REGISTRATION.—A person 
that seeks to be registered as an authorized credit services 
provider under the provisions of this chapter shall submit 
to the Federal Trade Commission an application for reg-
istration that contains the information described in sub-
section (b). 
‘‘(b) REQUIRED INFORMATION.—An application for 
registration under this section shall contain the following: 
‘‘(1) A statement setting forth the person’s full 
corporate organization, all affiliates of the person, 
and all officers, directors, and any other individuals 
with substantial management oversight over the per-
son. 
‘‘(2) A statement that the person has elected to 
adhere to, and duly represents and warrants annu-
ally and publicly, the following standards: 
‘‘(A) The person, or any of its affiliates, 
does not advise or assist consumers in modi-
fying or removing, or attempting to modify or 
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remove, adverse information that is accurate 
and not obsolete from a consumer’s consumer 
report. 
‘‘(B) The person, or any of its affiliates, 
does not assist consumers in altering a con-
sumer’s existing credit record, credit history, or 
credit score by concealing or distorting, or at-
tempting to conceal or distort, adverse informa-
tion that is accurate and not obsolete. 
‘‘(C) The person, or any of its affiliates, 
does not assist consumers in interacting with 
consumer reporting agencies described in sec-
tion 603(f) of the Fair Credit Reporting Act in 
any manner which interferes with the lawful op-
eration of such consumer reporting agencies. 
‘‘(D) The person, or any of its affiliates, 
does not use the term ‘credit repair’ in its mar-
keting of credit and identity protection services 
and credit education services. 
‘‘(E) The person provides consumers with 
the mandatory disclosure described in section 
424(c) prior to entering into a contract or 
agreement for services, and a right to cancella-
tion, in accordance with the provisions of this 
chapter. 
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‘‘(3) A copy of the policies and procedures 
adopted and implemented by the person to ensure 
and document compliance with the provisions of this 
Act, including, policies and procedures for— 
‘‘(A) executing a contract with the con-
sumer to commence the authorized services; 
‘‘(B) providing the mandatory disclosure 
set forth in subsection 424(c); 
‘‘(C) providing consumers with the right to 
terminate a contract for services in accordance 
with subsection 424(d); and 
‘‘(D) upon termination, determining the 
reasonable value of services actually rendered, 
in accordance with the provisions of 424(d)(2). 
‘‘(4) A general description of the credit and 
identity protection services and credit education 
services that the person plans to offer, sell, provide, 
or perform to or for consumers under the provisions 
of this Act. 
‘‘(5) A statement that the person will— 
‘‘(A) on a biennial basis, provide to the 
Federal Trade Commission an update, if need-
ed, to the person’s corporate organization, poli-
cies and procedures, and general description of 
services provided pursuant to this subsection; 
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‘‘(B) on a biennial basis, obtain an assess-
ment from a qualified, objective, independent, 
third-party professional of the person’s actual 
compliance record with the representations and 
warranties in paragraph (2); and 
‘‘(C) retain such assessment and provide it 
to the Federal Trade Commission as soon as 
reasonably practicable, but in no event more 
than 30 business days, after the Federal Trade 
Commission requests the assessment. 
‘‘(c) CONSIDERATION OF APPLICATIONS AND EXPE-
DITED RESPONSE.— 
‘‘(1) TIMING.—The Federal Trade Commission 
shall act by approving or denying applications sub-
mitted pursuant to this section within 60 days of the 
submission, and shall set forth in writing its conclu-
sions with regard to such requests. 
‘‘(2) ADDITIONAL INFORMATION.—The Federal 
Trade Commission may request that an applicant 
provide additional information that is reasonably re-
lated to one or more of the application elements enu-
merated in subsection (b), including by requesting 
that the applicant submit supplemental materials, 
answer questions in writing, or appear in person be-
fore the Commissioners or their designee. 
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‘‘(3) DEEMED REGISTRATION.—An application 
that has not been acted upon by the Federal Trade 
Commission within 60 days of submission shall be 
deemed as approved and the person shall be reg-
istered as an authorized credit services provider. 
‘‘(4) EXTENSION OF TIME FOR ADDITIONAL IN-
FORMATION.—If the Federal Trade Commission re-
quests additional information pursuant to paragraph 
(2), the applicant shall have up to 30 days to re-
spond in writing or appear before the Commission as 
requested. The Commission shall then have an addi-
tional 30 days to act upon such response, and if not 
acted upon within 30 days, the application shall be 
deemed as approved and the person shall be reg-
istered as an authorized credit services provider. In 
no event shall the status of an application remain 
unresolved beyond 120 days from the date of its 
original submission. 
‘‘(d) REVOCATION.— 
‘‘(1) IN GENERAL.—The Federal Trade Com-
mission shall have the authority to rescind a per-
son’s registration that was issued under this section 
if the Commission determines that the person has 
failed to comply with the obligations and standards 
set forth in this Act. 
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‘‘(2) OPPORTUNITY TO CURE DEFECTS.—The 
Federal Trade Commission shall provide an author-
ized credit services provider a reasonable opportunity 
to cure any defects before moving to revoke a per-
son’s registration as an authorized credit services 
provider. 
‘‘(3) RETROACTIVE REVOCATION.—If the Fed-
eral Trade Commission determines that a person 
who has registered as an authorized credit services 
provider, or any of the person’s affiliates, has— 
‘‘(A) engaged in any activity described 
under subparagraphs (A) through (C) of sub-
section (b)(2); 
‘‘(B) knowingly made false statements in 
any written statement required under this chap-
ter; or 
‘‘(C) willfully or repeatedly violated, or 
willfully or repeatedly failed to observe, any 
provision of this Act, 
the Federal Trade Commission shall have the au-
thority to deem a revocation effective at the time im-
mediately prior to when the activity occurred. 
‘‘(e) JUDICIAL REVIEW OF REVOCATION.— 
‘‘(1) IN
GENERAL.—Any person for whom a 
registration under this section has been revoked may 
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obtain review of such revocation in a court of ap-
peals of the United States in accordance with the 
procedures set forth in section 5(c) of the Federal 
Trade Commission Act, except that— 
‘‘(A) the court of appeals shall hold unlaw-
ful and set aside a revocation if the court finds 
that the Federal Trade Commission’s action is 
not supported by substantial evidence in the ad-
judicatory record; and 
‘‘(B) the filing of a petition for review shall 
operate as a stay of the revocation until the 
date on which the determination of the court is 
final (including any appeal of the determina-
tion), but in the event the court’s final deter-
mination upholds revocation, the effective date 
of the revocation shall be the date as deter-
mined by the Federal Trade Commission. 
‘‘(2) ADJUDICATORY
RECORD
DEFINED.—For 
purposes of this subsection, the term ‘adjudicatory 
record’ means the Federal Trade Commission’s 
statement of basis and purpose for revocation, the 
person’s registration application materials, any writ-
ten submissions by the person or transcripts of oral 
testimony, and any other evidence that the Commis-
sion considers relevant to the revocation. 
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daltland on DSKBBV9HB2PROD with BILLS
‘‘(3) ADDITIONAL SUBMISSIONS AND PRESEN-
TATIONS.—If the person or the Federal Trade Com-
mission applies to the court for leave to make addi-
tional oral submissions or written presentations and 
shows to the satisfaction of the court that such sub-
missions and presentations would be material and 
that there were reasonable grounds for the submis-
sions and failure to make such submissions and 
presentations in the proceeding before the Commis-
sion, the court may order the Commission to provide 
additional opportunity to make such submissions 
and presentations.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect after the 60-day period begin-
ning on the date of the enactment of this Act. 
Æ 
VerDate Sep 11 2014 
22:31 Jun 29, 2018
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E:\BILLS\H6192.IH
H6192
daltland on DSKBBV9HB2PROD with BILLS