Text: S03205 Text: S03207 Text: S03200 - S03299 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 395, as passed by the House, as
1 2 follows:
1 3 #1. Page 1, by inserting after line 17 the
1 4 following:
1 5 "Sec. . NEW SECTION. 546A.1 PROVISION OF
1 6 CONSUMER REPORTS.
1 7 1. For purposes of this section, unless the
1 8 context otherwise requires:
1 9 a. "Consumer" means an individual who obtains or
1 10 has obtained a financial product or service from a
1 11 financial institution that is to be used primarily for
1 12 personal, family, or household purposes, or that
1 13 individual's legal representative.
1 14 b. "Consumer report" means any written or other
1 15 form of communication of any information by a consumer
1 16 reporting agency bearing on a consumer's
1 17 creditworthiness, credit standing, or credit capacity
1 18 which is used or intended to be used or collected, in
1 19 whole or in part, for the purpose of serving as a
1 20 factor in establishing the consumer's eligibility for
1 21 either of the following:
1 22 (1) Credit or insurance to be used primarily for
1 23 personal, family, or household purposes.
1 24 (2) Employment, promotion, reassignment, or
1 25 retention as an employee.
1 26 c. "Consumer reporting agency" means any person
1 27 that, for monetary fees, dues, or on a cooperative
1 28 nonprofit basis, regularly engages, in whole or in
1 29 part, in the practice of assembling or evaluating
1 30 consumer credit information or other information
1 31 pertaining to consumers for the purpose of furnishing
1 32 consumer reports to third parties.
1 33 2. a. A consumer reporting agency that compiles
1 34 and maintains files on consumers on a nationwide basis
1 35 shall furnish to any consumer who has provided
1 36 appropriate verification of the consumer's identity
1 37 one complete consumer report per calendar year, upon
1 38 the written request of the consumer and without charge
1 39 to the consumer.
1 40 b. The report required under this section must be
1 41 furnished by the consumer reporting agency to a
1 42 requesting consumer within ten calendar days of the
1 43 consumer reporting agency's receipt of the consumer's
1 44 request.
1 45 3. A consumer who requests and is not provided a
1 46 consumer report pursuant to this section shall have a
1 47 cause of action against the consumer reporting agency
1 48 that fails to furnish the requested report within ten
1 49 calendar days of the request to obtain both of the
1 50 following:
2 1 a. The greater of actual monetary damages or two
2 2 hundred fifty dollars.
2 3 b. Reasonable attorney fees and court costs."
2 4 #2. Title page, line 1, by inserting after the
2 5 word "to" the following: "consumer credit, including
2 6 the provision of consumer credit reports and".
2 7 #3. By renumbering, redesignating, and correcting
2 8 internal references as necessary.
2 9
2 10
2 11
2 12 JOE BOLKCOM
2 13
2 14
2 15
2 16 STEVEN H. WARNSTADT
2 17
2 18
2 19
2 20 THOMAS G. COURTNEY
2 21
2 22
2 23
2 24 HERMAN C. QUIRMBACH
2 25 HF 395.501 80
2 26 jj/pj
Text: S03205 Text: S03207 Text: S03200 - S03299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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