‘‘(E) to file petitions for appeal.
‘‘(3) INVESTIGATORY
POWERS.—For purposes
of bringing any action under this subsection, nothing
in this subsection shall prevent the attorney general,
or officers of such State who are authorized by such
State to bring such actions, from exercising the pow-
ers conferred on the attorney general or such offi-
cers by the laws of such State to conduct investiga-
tions or to administer oaths or affirmations or to
compel the attendance of witnesses or the production
of documentary and other evidence.
‘‘(4) LIMITATION
ON
STATE
ACTION
WHILE
FEDERAL
ACTION
IS
PENDING.—If the Federal
Trade Commission has instituted an action for a vio-
lation of this subtitle, no State may, during the
pendency of such action, bring an action under this
section against any defendant named in the com-
plaint of the Commission for any violation of this
subtitle that is alleged in that complaint.’’.
(d) STATE ACTION FOR VIOLATIONS OF BAN ON
PRETEXT CALLING.—Section 522 of the Gramm-Leach-
Bliley Act (15 U.S.C. 6822) is amended by adding at the
end the following new subsection:
‘‘(c) STATE ACTION FOR VIOLATIONS.—
‘‘(1) AUTHORITY OF THE STATES.—In addition
to such other remedies as are provided under State
law, if the attorney general of a State, or an officer
authorized by the State, has reason to believe that
any person (other than a person described in sub-
section (b)(1)) has violated or is violating this sub-
title, the State may—
‘‘(A) bring an action on behalf of the resi-
dents of the State to enjoin such violation in
any appropriate United States district court or
in any other court of competent jurisdiction;
and
‘‘(B) bring an action on behalf of the resi-
dents of the State to enforce compliance with
this subtitle, to obtain damages, restitution, or
other compensation on behalf of the residents of
such State, or to obtain such further and other
relief as the court may deem appropriate.
‘‘(2) RIGHTS
OF
FEDERAL
AGENCIES.—The
State shall serve prior written notice of any action
commenced under paragraph (1) upon the Attorney
General and the Federal Trade Commission, and
shall provide the Attorney General and the Commis-
sion with a copy of the complaint; provided that, if
such prior notice is not feasible, the State shall serve
such notice immediately upon instituting such ac-
tion. The Attorney General and the Federal Trade
Commission shall have the right—
‘‘(A) to move to stay the action, pending
the final disposition of a pending Federal mat-
ter as described in paragraph (4);
‘‘(B) to intervene in an action under para-
graph (1);
‘‘(C) upon so intervening, to be heard on
all matters arising therein;
‘‘(D) to remove the action to the appro-
priate United States district court; and
‘‘(E) to file petitions for appeal.
‘‘(3) INVESTIGATORY
POWERS.—For purposes
of bringing any action under this subsection, nothing
in this subsection shall prevent the attorney general,
or officers of such State who are authorized by such
State to bring such actions, from exercising the pow-
ers conferred on the attorney general or such offi-
cers by the laws of such State to conduct investiga-
tions or to administer oaths or affirmations or to
compel the attendance of witnesses or the production
of documentary and other evidence.
‘‘(4) LIMITATION
ON
STATE
ACTION
WHILE
FEDERAL
ACTION
IS
PENDING.—If the Attorney
General has instituted a criminal proceeding or the
Federal Trade Commission has instituted a civil ac-
tion for a violation of this subtitle, no State may,
during the pendency of such proceeding or action,
bring an action under this section against any de-
fendant named in the criminal proceeding or civil ac-
tion for any violation of this subtitle that is alleged
in that proceeding or action.’’.
SEC. 8. ENHANCED DISCLOSURE OF PRIVACY POLICIES.
(a) TIMING OF NOTICE TO CONSUMERS.—Section
503(a) of the Gramm-Leach-Bliley Act (15 U.S.C.
6803(a)) is amended to read as follows:
‘‘(a) DISCLOSURE REQUIRED.—
‘‘(1) TIME OF DISCLOSURE.—A financial insti-
tution shall provide a disclosure that complies with
paragraph (2)—
‘‘(A) to an individual upon the individual’s
request;
‘‘(B) as part of an application for a finan-
cial product or service from the financial insti-
tution; and
‘‘(C) to a consumer, prior to establishing a
customer relationship with the consumer and
not less frequently than annually during the
continuation of such relationship.
‘‘(2) DISCLOSURE FORMAT.—The disclosure re-
quired by paragraph (1) shall be a clear and con-
spicuous notice, in writing or in electronic form or
other form permitted by the regulations imple-
menting this subtitle, of such financial institution’s
policies and practices with respect to—
‘‘(A) disclosing nonpublic personal infor-
mation to affiliates and nonaffiliated third par-
ties, consistent with section 502, including the
categories of information that may be disclosed;
‘‘(B) disclosing nonpublic personal infor-
mation of persons who have ceased to be cus-
tomers of the financial institution; and
‘‘(C) protecting the nonpublic personal in-
formation of consumers.
Such disclosure shall be made in accordance with the
regulations implementing this subtitle.’’.
(b) NOTICE OF RIGHTS TO ACCESS AND CORRECT
INFORMATION.—Section 503(b)(2) of the Gramm-Leach-
Bliley Act (15 U.S.C. 6803(b)(2)) is amended by inserting
‘‘, and a statement of the consumer’s right to access and
correct such information, consistent with section 512’’
after ‘‘institution’’.
(c) TECHNICAL AND CONFORMING AMENDMENT.—
Section 503(b)(1)(A) of the Gramm-Leach-Bliley Act (15
U.S.C. 6803(b)(1)(A)) is amended by striking ‘‘502(e)’’
and inserting ‘‘502(f)’’.
SEC. 9. LIMIT ON DISCLOSURE OF ACCOUNT NUMBERS.
Section 502 of the Gramm-Leach-Bliley Act (15
U.S.C. 6802) is amended in subsection (e) (as so redesig-
nated by section 5) by inserting ‘‘affiliate or’’ before ‘‘non-
affiliated third party’’.
SEC. 10. GENERAL EXCEPTIONS.
Section 502(f) of the Gramm-Leach-Bliley Act (15
U.S.C. 6802)) (as so redesignated by section 5 of this Act)
is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘Subsections (a) and (b)’’ and inserting
‘‘Subsection (a)’’;
(2) in paragraph (1)—
(A) by striking ‘‘or’’ at the end of subpara-
graph (B);
(B) by inserting ‘‘or’’ after the semicolon
at the end of subparagraph (C); and
(C) by inserting after subparagraph (C)
the following new subparagraph:
‘‘(D) performing services for or functions
solely on behalf of the financial institution with
respect to the financial institution’s own cus-
tomers, including marketing of the financial in-
stitution’s own products or services to the fi-
nancial institution’s customers;’’;
(3) in paragraph (4), by striking ‘‘, and the in-
stitution’s attorneys, accountants, and auditors’’;
(4) in paragraph (5), by inserting ‘‘section 21
of the Federal Deposit Insurance Act,’’ after ‘‘title
31, United States Code,’’;
(5) in paragraph (7), by striking ‘‘or’’ at the
end;
(6) in paragraph (8), by striking the period and
inserting a semicolon; and
(7) by adding at the end the following new
paragraphs:
‘‘(9) in order to facilitate customer service, such
as maintenance and operation of consolidated cus-
tomer call centers or the use of consolidated cus-
tomer account statements; or
‘‘(10) to the institution’s attorneys, account-
ants, and auditors.’’.
SEC. 11. DEFINITIONS.
Section 509 of the Gramm-Leach-Bliley Act (15
U.S.C. 6809) is amended—
(1) in paragraph (3)—
(A) by striking ‘‘(3) FINANCIAL INSTITU-
TION’’ and all that follows through ‘‘The term
‘financial institution’ ’’ and inserting ‘‘(3) FI-
NANCIAL INSTITUTION.—The term ‘financial in-
stitution’ ’’; and
(B) by striking subparagraphs (B), (C),
and (D);
(2) by amending paragraph (4) to read as fol-
lows:
‘‘(4) NONPUBLIC
PERSONAL
INFORMATION.—
The term ‘nonpublic personal information’ means—
‘‘(A) any personally identifiable informa-
tion, including a Social Security number—
‘‘(i) provided by a consumer to a fi-
nancial institution, in an application or
otherwise, to obtain a financial product or
service from the financial institution;
‘‘(ii) resulting from any transaction
between a financial institution and a con-
sumer involving a financial product or
service; or
‘‘(iii) obtained by the financial institu-
tion about a consumer in connection with
providing a financial product or service to
that consumer, other than publicly avail-
able information, as such term is defined
by the regulations prescribed under section
504; and
‘‘(B) any list, description or other grouping
of one or more consumers of the financial insti-
tution and publicly available information per-
taining to them.’’; and
(3) in paragraph (9), by inserting ‘‘applies for
or’’ before ‘‘obtains’’.
SEC. 12. ISSUANCE OF IMPLEMENTING REGULATIONS.
(a) IN GENERAL.—The Federal agencies specified in
section 504(a) of the Gramm-Leach-Bliley Act (15 U.S.C.
6804(a)) shall prescribe regulations implementing the
amendments to subtitle A of title V of the Gramm-Leach-
Bliley Act made by this Act, and shall include such re-
quirements determined to be appropriate to prevent their
circumvention or evasion.
(b) 
COORDINATION, 
CONSISTENCY, 
AND
COM-
PARABILITY.—The regulations issued under subsection (a)
shall be issued in accordance with the requirements of sec-
tion 504(a) of the Gramm-Leach-Bliley Act (15 U.S.C.
6804(a)), except that the deadline in section 504(a)(3)
shall not apply.
SEC. 13. FTC RULEMAKING AUTHORITY UNDER THE FAIR
CREDIT REPORTING ACT.
Section 621(e) of the Fair Credit Reporting Act (15
U.S.C. 1681s(e)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(3) REGULATIONS.—The Federal Trade Com-
mission shall prescribe such regulations as necessary
to carry out the provisions of this title with respect
to any persons identified under paragraph (1) of
subsection (a). Prior to prescribing such regulations,
the Federal Trade Commission shall consult with the
Federal banking agencies referred to in paragraph
(1) of this subsection in order to ensure, to the ex-
tent possible, comparability and consistency with the
regulations issued by the Federal banking agencies
under that paragraph.’’.
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