H.R. 3539 — Introduced in House

I 115th CONGRESS 1st Session H. R. 3539 IN THE HOUSE OF REPRESENTATIVES July 28, 2017Mr. Rush introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Fair Credit Reporting Act to establish a procedure for the removal of a booking photograph from a consumer’s file, and for other purposes. 1. Short title This Act may be cited as the Mugshots Elimination Act of 2017. 2. Procedure for removal of a booking photograph from a consumer’s file by a consumer reporting agency Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the end the following new subsection: (i) Procedure for removal of booking photograph from file (1) In general If a consumer desires to remove a booking photograph of the consumer contained in the consumer's file at a consumer reporting agency, the consumer may submit a request to remove such booking photograph to the agency directly, or indirectly through a reseller, or to the furnisher of such booking photograph. The consumer reporting agency shall remove such booking photograph from the consumer’s file— (A) not later than 30 days after the receipt of such a request, if the consumer submits such request to the agency directly or indirectly through a reseller; (B) not later than 45 days after the receipt of such a request, if the consumer submits such request to the furnisher of such booking photograph. (2) Notification to consumer reporting agency If a furnisher of a booking photograph receives a request from a consumer to remove such booking photograph from the consumer’s file, such furnisher shall submit such request to each consumer reporting agency described under section 603(p) not later than 5 days after receipt of such request. (3) Booking photograph defined In this subsection, the term booking photograph means a photograph of a consumer taken— (A) at the time of arrest; (B) at the time the consumer enters into custody prior to or during that consumer’s trial; or (C) upon conviction or thereafter, when committed to the custody of any correctional agency or facility. .