Library / Laws / 113th / hr / H.R. 4672 / Introduced in House
I
113th CONGRESS
2d Session
H. R. 4672
IN THE HOUSE OF REPRESENTATIVES
May 19, 2014
Ms. Linda T. Sánchez of California (for herself and Mr. Lamborn) introduced the following bill; which was referred to the Committee on Financial Services
A BILL
To amend the Fair Credit Reporting Act to provide protections for active duty military consumers,
and for other purposes.
1.
Notice of status as an active duty military consumer
The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended—
(1) in section 605, by adding at the end the following:
(i)
Notice of status as an active duty military consumer
With respect to an item of adverse information about a consumer, if the action or inaction that
gave rise to the item occurred while the consumer was an active duty
military consumer, the consumer may provide appropriate proof, including
official orders, to a consumer reporting agency that the consumer was an
active duty military consumer at the time such action or inaction
occurred, and any consumer report provided by the consumer reporting
agency that includes such item of information shall clearly and
conspicuously disclose that the consumer was an active duty military
consumer when the action or inaction that gave rise to the item occurred.
;
(2) in section 605A(c)—
(A) by striking Upon and inserting the following:
(1)
In general
Upon
;
(B) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), and moving such
redesignated subparagraphs 2 ems to the right; and
(C) by adding at the end the following:
(2)
Negative information alert
Any time a consumer reporting agency receives an item of adverse information about a consumer, if
the consumer has provided appropriate proof that the consumer is an active
duty military consumer, the consumer reporting agency shall promptly
notify the consumer—
(A) that the agency has received such item of adverse information, along with a description of the
item; and
(B) the method by which the consumer can dispute the validity of the item.
(3)
Contact information for active duty military consumers
With respect to any consumer that has provided appropriate proof to a consumer reporting agency
that the consumer is an active duty military consumer, if the consumer
provides the consumer reporting agency with separate contact information
to be used when communicating with the consumer while the consumer is an
active duty military consumer, the consumer reporting agency shall use
such contact information for all communications while the consumer is an
active duty military consumer.
(4)
Sense of Congress
It is the sense of Congress that any person making use of a consumer report containing an item of
adverse information should, if the action or inaction that gave rise to
the item occurred while the consumer was an active duty military consumer,
take such fact into account when evaluating the creditworthiness of the
consumer.
; and
(3) in section 611(a)(1), by adding at the end the following:
(D)
Notice of dispute related to active duty military consumers
With respect to any item of information described under subparagraph (A) that is under dispute, if
the consumer has notified the consumer reporting agency, and provided
appropriate proof, that the consumer was an active duty military consumer
at the time the action or inaction that gave rise to the disputed item
occurred, the consumer reporting agency shall include such fact in the
consumer’s file and shall indicate that fact in each consumer report that
includes the disputed item.
.