Senate Amendment 3206


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

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