I 
109TH CONGRESS 
2D SESSION 
H. R. 5445 
To provide clarification relating to credit monitoring services. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2006 
Mr. PRICE of Georgia (for himself, Mr. BACHUS, and Mr. SCOTT of Georgia) 
introduced the following bill; which was referred to the Committee on Fi-
nancial Services 
A BILL 
To provide clarification relating to credit monitoring services. 
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 Repair Organi-
zations Act Technical Corrections Act’’. 
SEC. 2. CLARIFICATION RELATING TO CREDIT MONI-
TORING SERVICES. 
(a) IN GENERAL.—Section 403 of the Credit Repair 
Organizations Act (15 U.S.C. 1679a) is amended— 
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(1) by striking ‘‘For purposes of this title’’ and 
inserting ‘‘(a) IN GENERAL.—For purposes of this 
title’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) CLARIFICATION WITH RESPECT TO CERTAIN 
CREDIT MONITORING SERVICES UNDER CERTAIN CIR-
CUMSTANCES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2)— 
‘‘(A) the provision of, or provision of ac-
cess to, credit reports, credit monitoring notifi-
cations, credit scores and scoring algorithms, 
and other credit score-related tools to a con-
sumer (including generation of projections and 
forecasts of such consumer’s potential credit 
scores under various prospective trends or hypo-
thetical or alternative scenarios); 
‘‘(B) any analysis, evaluation, and expla-
nation of such actual or hypothetical credit 
scores, or any similar projections, forecasts, 
analyses, evaluations or explanations; or 
‘‘(C) in conjunction with offering any of 
the services described in subparagraph (A) or 
B, the provision of materials or services to as-
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sist a consumer who is a victim of identity 
theft, 
shall not be treated as activities described in clause 
(i) of subsection (a)(3)(A). 
‘‘(2) CONDITIONS FOR APPLICATION OF PARA-
GRAPH (1).—Paragraph (1) shall apply with respect 
to any person engaging in any activity described in 
such paragraph only if— 
‘‘(A) the person does not represent, ex-
pressly or by implication, that such person— 
‘‘(i) will or can modify or remove, or 
assist the consumer in modifying or remov-
ing, adverse information that is accurate 
and not obsolete in the consumer’s credit 
report; or 
‘‘(ii) will or can alter, or assist the 
consumer in altering, the consumer’s iden-
tification to prevent the display of the con-
sumer’s credit record, history, or rating for 
the purpose of concealing adverse informa-
tion that is accurate and not obsolete; 
‘‘(B) in any case in which the person rep-
resents, expressly or by implication, that it will 
or can modify or remove, or assist the consumer 
in modifying or removing, any information in 
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the consumer’s credit report, except for a rep-
resentation with respect to any requirement im-
posed on the person under section 611 or 
623(b) of the Fair Credit Reporting Act, the 
person discloses, clearly and conspicuously, be-
fore the consumer pays or agrees to pay any 
money or other valuable consideration to such 
person, whichever occurs first, the following 
statement: 
‘NOTICE: Neither you nor any-
one else has the right to have accurate 
and current information removed from 
your credit report. If information in 
your report is inaccurate, you have 
the right to dispute it by contacting 
the credit bureau directly.’. 
‘‘(C) the person provides the consumer in 
writing with the following statement before any 
contract or agreement between the consumer 
and the person is executed: 
‘Your Rights Concerning Your 
Consumer Credit File 
‘You have a right to obtain a free 
copy of your credit report once every 
12 months from each of the nation-
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wide consumer reporting agencies. To 
request 
your 
free 
annual 
credit 
report, 
you 
may 
go 
to 
www.annualcreditreport.com, or call 
877–322–8228, or complete the An-
nual Credit Report Request Form and 
mail it to: Annual Credit Report Re-
quest Service, P.O. Box 105281, At-
lanta, GA 30348–5281. You can ob-
tain additional copies of your credit 
report from a credit bureau, for which 
you may be charged a reasonable fee. 
There is no fee, however, if you have 
been turned down for credit, employ-
ment, insurance, or a rental dwelling 
because of information in your credit 
report within the preceding 60 days. 
The credit bureau must provide some-
one to help you interpret the informa-
tion in your credit file. You are enti-
tled 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 recipi-
ent of public welfare assistance, or if 
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you have reason to believe that there 
is inaccurate information in your 
credit report due to fraud. 
‘You have the right to cancel 
your contract with a credit monitoring 
service without fee or penalty at any 
time, and in the case in which you 
have prepaid for a credit monitoring 
service, you are entitled to a pro rata 
refund for the remaining term of the 
credit monitoring service. 
‘The Federal Trade Commission 
regulates credit bureaus and credit 
monitoring services. For more infor-
mation contact: 
‘Federal Trade Commission 
‘Washington, D.C. 20580 
‘1–877–FTC–HELP 
‘www.ftc.gov’. 
‘‘(D) in any case in which the person offers 
a subscription to a credit file monitoring pro-
gram to a consumer, the consumer may cancel 
the subscription at any time upon written notice 
to the person without penalty or fee for such 
cancellation and, in any case in which the con-
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