Senate File 209 - Introduced
SENATE FILE
BY McCOY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to consumer access to consumer credit reports,
2 and providing a private right of action.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2946SS 81
5 rh/sh/8
PAG LIN
1 1 ARTICLE 9
1 2 CONSUMER CREDIT REPORTS
1 3 Section 1. NEW SECTION. 537.9101 PROVISION OF CONSUMER
1 4 CREDIT REPORTS.
1 5 1. For purposes of this section, unless the context
1 6 otherwise requires:
1 7 a. "Consumer" means an individual who obtains or has
1 8 obtained a financial product or service from a financial
1 9 institution that is to be used primarily for personal, family,
1 10 or household purposes, or that individual's legal
1 11 representative.
1 12 b. "Consumer report" means any written or other form of
1 13 communication of any information by a consumer reporting
1 14 agency bearing on a consumer's creditworthiness, credit
1 15 standing, or credit capacity which is used or intended to be
1 16 used or collected, in whole or in part, for the purpose of
1 17 serving as a factor in establishing the consumer's eligibility
1 18 for either of the following:
1 19 (1) Credit or insurance to be used primarily for personal,
1 20 family, or household purposes.
1 21 (2) Employment, promotion, reassignment, or retention as
1 22 an employee.
1 23 c. "Consumer reporting agency" means any person that, for
1 24 monetary fees, dues, or on a cooperative nonprofit basis,
1 25 regularly engages, in whole or in part, in the practice of
1 26 assembling or evaluating consumer credit information or other
1 27 information pertaining to consumers for the purpose of
1 28 furnishing consumer reports to third parties.
1 29 2. a. A consumer reporting agency that compiles and
1 30 maintains files on consumers on a nationwide basis shall
1 31 furnish to any consumer who has provided appropriate
1 32 verification of the consumer's identity one complete consumer
1 33 report per calendar year, upon the written request of the
1 34 consumer and without charge to the consumer.
1 35 b. The report required under this section must be
2 1 furnished by the consumer reporting agency to a requesting
2 2 consumer within ten calendar days of the consumer reporting
2 3 agency's receipt of the consumer's request.
2 4 3. A consumer who requests and is not provided a consumer
2 5 report pursuant to this section shall have a cause of action
2 6 against the consumer reporting agency that fails to furnish
2 7 the requested report within ten calendar days of the request
2 8 to obtain both of the following:
2 9 a. The greater of actual monetary damages or two hundred
2 10 fifty dollars.
2 11 b. Reasonable attorney fees and court costs.
2 12 EXPLANATION
2 13 This bill provides that a consumer reporting agency shall
2 14 provide a consumer with one free copy of the consumer's credit
2 15 report annually, upon the consumer's written request, within
2 16 10 days of receipt of the request. If the consumer reporting
2 17 agency fails to provide the requested copy, the consumer may
2 18 bring an action for the greater of actual damages or $250, as
2 19 well as attorney fees and court costs.
2 20 The bill also defines "consumer", "consumer report", and
2 21 "consumer reporting agency".
2 22 LSB 2946SS 81
2 23 rh:nh/sh/8