Text: SF00191 Text: SF00193 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 546A.1 PROVISION OF CONSUMER 1 2 REPORTS. 1 3 1. For purposes of this section, unless the context 1 4 otherwise requires: 1 5 a. "Consumer" means an individual who obtains or has 1 6 obtained a financial product or service from a financial 1 7 institution that is to be used primarily for personal, family, 1 8 or household purposes, or that individual's legal 1 9 representative. 1 10 b. "Consumer report" means any written or other form of 1 11 communication of any information by a consumer reporting 1 12 agency bearing on a consumer's creditworthiness, credit 1 13 standing, or credit capacity which is used or intended to be 1 14 used or collected, in whole or in part, for the purpose of 1 15 serving as a factor in establishing the consumer's eligibility 1 16 for either of the following: 1 17 (1) Credit or insurance to be used primarily for personal, 1 18 family, or household purposes. 1 19 (2) Employment, promotion, reassignment, or retention as 1 20 an employee. 1 21 c. "Consumer reporting agency" means any person that, for 1 22 monetary fees, dues, or on a cooperative nonprofit basis, 1 23 regularly engages, in whole or in part, in the practice of 1 24 assembling or evaluating consumer credit information or other 1 25 information pertaining to consumers for the purpose of 1 26 furnishing consumer reports to third parties. 1 27 2. a. A consumer reporting agency that compiles and 1 28 maintains files on consumers on a nationwide basis shall 1 29 furnish to any consumer who has provided appropriate 1 30 verification of the consumer's identity one complete consumer 1 31 report per calendar year, upon the written request of the 1 32 consumer and without charge to the consumer. 1 33 b. The report required under this section must be 1 34 furnished by the consumer reporting agency to a requesting 1 35 consumer within ten calendar days of the consumer reporting 2 1 agency's receipt of the consumer's request. 2 2 3. A consumer who requests and is not provided a consumer 2 3 report pursuant to this section shall have a cause of action 2 4 against the consumer reporting agency that fails to furnish 2 5 the requested report within ten calendar days of the request 2 6 to obtain both of the following: 2 7 a. The greater of actual monetary damages or two hundred 2 8 fifty dollars. 2 9 b. Reasonable attorney fees and court costs. 2 10 EXPLANATION 2 11 This bill provides that a consumer reporting agency shall 2 12 provide a consumer with one free copy of the consumer's credit 2 13 report annually, upon the consumer's written request, within 2 14 10 days of receipt of the request. If the consumer reporting 2 15 agency fails to provide the requested copy, the consumer may 2 16 bring an action for the greater of actual damages or $250, as 2 17 well as attorney fees and court costs. 2 18 The bill also defines "consumer", "consumer report", and 2 19 "consumer reporting agency". 2 20 LSB 1688XS 80 2 21 jj/sh/8
Text: SF00191 Text: SF00193 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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