,,ii #aaeth ,,congress #ast ,session ,s4 #ahaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ad1 #bjag ,ms4 ,warren 7for herself1 ,mr4 ,schatz1 ,mr4 ,menendez1 ,mr4 ,van ,hollen1 ,mrs4 ,gillibrand1 ,mr4 ,blumenthal1 ,mr4 ,markey1 ,mr4 ,sanders1 ,mr4 ,wyden1 ,mr4 ,durbin1 ,mr4 ,merkley1 and ,mr4 ,franken7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to amend the ,fair ,credit ,reporting ,act to enhance fraud alert procedures and provide free access to credit freezes1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,freedom from ,equifax ,exploitation ,act4 #b4 ,definition of credit freeze ,section #fjc7q7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;a7q77 is amended by adding at the end the following3 7#f7 ,credit freeze 7,a7 ,in general ,the term credit freeze means a restriction placed at the request of a consumer or a personal representative of the consumer1 on the consumer report of the consumer1 that prohibits a consumer reporting agency from releasing the consumer report for a purpose relating to the extension of credit without the express authorization of the consumer4 7,b7 ,exception ,a credit freeze shall not apply to the use of a consumer report by any of the following3 7i7 ,a person1 or the subsidiary1 affiliate1 agent1 subcontractor1 or assignee of the person1 with whom the consumer has1 or prior to assignment had1 an account1 contract1 or debtor-creditor relationship for the purposes of reviewing the active account or collecting the financial obligation owed on the account1 contract1 or debt4 7ii7 ,a person1 or the subsidiary1 affiliate1 agent1 subcontractor1 or assignee of the person1 to whom access has been granted pursuant to a request by the consumer described under section #fje;,a7i77#a77;,b71 for purposes of facilitating the extension of credit or other permissible use4 7iii7 ,any person acting pursuant to a court order1 warrant1 or subpoena4 7iv7 ,a ,federal1 ,state1 or local government1 or an agent or assignee thereof4 7v7 ,any person for the sole purpose of providing a credit monitoring or identity theft protection service to which the consumer has subscribed4 7vi7 ,any person for the purpose of providing a consumer with a copy of the consumer report or credit score of the consumer upon request by the consumer4 7vii7 ,any person or entity for insurance purposes1 including use in setting or adjusting a rate1 adjusting a claim1 or underwriting4 7viii7 ,any person acting pursuant to an authorization from a consumer to use their consumer report for employment purposes4 4 #c4 ,enhancement of fraud alert protections ,section #fje;,a of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;c-#a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the subsection heading1 by striking ,one-,call and inserting ,one-,year2 7,b7 in paragraph 7#a7-- 7i7 in the paragraph heading1 by striking ,initial alerts and inserting ,in general2 7ii7 in the matter preceding subparagraph 7,a71 by inserting or harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer1 after identity theft12 7iii7 in subparagraph 7,a7-- 7,i7 by striking #ij days and inserting #a year2 and 7,,ii7 by striking and at the end2 7iv7 in subparagraph 7,b7-- 7,i7 by inserting #a-year before fraud alert2 and 7,,ii7 by striking the period at the end and inserting 2 and2 and 7v7 by adding at the end the following3 7,c7 upon the expiration of the #a-year period described in subparagraph 7,a7 or a subsequent #a-year period1 and in response to a direct request by the consumer or such representative1 continue the fraud alert for an additional period of #a year if the information asserted in this paragraph remains applicable4 2 and 7,c7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting #a-year before fraud alert2 and 7ii7 in subparagraph 7,b71 by striking any request described in subparagraph 7,a7 and inserting the consumer reporting agency includes the #a-year fraud alert in the file of the consumer2 7#b7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking ,extended and inserting ,seven-,year2 7,b7 in paragraph 7#a7-- 7i7 in subparagraph 7,b7-- 7,i7 by striking #e-year period beginning on the date of such request and inserting the #g-year period described in subparagraph 7,a72 and 7,,ii7 by striking and at the end2 7ii7 in subparagraph 7,c7-- 7,i7 by striking extended and inserting #g-year2 and 7,,ii7 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,d7 upon the expiration of the #g-year period described in subparagraph 7,a7 or a subsequent #g-year period1 and in response to a direct request by the consumer or such representative1 continue the fraud alert for an additional period of #g years if the consumer or such representative submits an updated identity theft report4 2 and 7,c7 in paragraph 7#b71 by amending subparagraph 7,a7 to read as follows3 7,a7 disclose to the consumer that the consumer may request a free copy of the file of the consumer pursuant to section #fab7;d7 during each #ab-month period beginning on the date on which the #g-year fraud alert was included in the file and ending on the date of the last day that the #g-year fraud alert applies to the file of the consumer2 and 2 7#c7 in subsection 7c7-- 7,a7 by redesignating paragraphs 7#a71 7#b71 and 7#c71 as subparagraphs 7,a71 7,b71 and 7,c71 respectively1 and adjusting the margins accordingly2 7,b7 in the matter preceding subparagraph 7,a71 as so redesignated1 by striking ,upon the direct request and inserting the following3 7#a7 ,in general ,upon the direct request 2 and 7,c7 by adding at the end the following3 7#b7 ,access to free reports ,if a consumer reporting agency includes an active duty alert in the file of an active duty military consumer1 the consumer reporting agency shall-- 7,a7 disclose to the active duty military consumer that the active duty military consumer may request a free copy of the file of the active duty military consumer pursuant to section #fab7;d71 during each #ab-month period beginning on the date on which the activity duty military alert is requested and ending on the date of the last day that the active duty alert applies to the file of the active duty military consumer2 and 7,b7 not later than #c business days after the date on which the active duty military consumer makes a request described in subparagraph 7,a71 provide to the active duty military consumer all disclosures required to be made under section #fji1 without charge to the active duty military consumer4 2 7#d7 by amending subsection 7d7 to read as follows3 7d7 ,procedures ,each consumer reporting agency described in section #fjc7p7 shall establish and make available to the public on the ,internet website of the consumer reporting agency policies and procedures to comply with this section1 including policies and procedures-- 7#a7 that inform consumers of the availability of #a-year fraud alerts1 #g-year fraud alerts1 active duty alerts1 and credit freezes1 as applicable2 7#b7 that allow consumers to request #a-year fraud alerts1 #g-year fraud alerts1 and active duty alerts1 as applicable1 and to place1 temporarily lift1 or fully remove a credit freeze in a simple and easy manner2 and 7#c7 for asserting in good faith a suspicion that the consumer has been or is about to become a victim of identity theft1 fraud1 or a related crime1 or harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer1 for a consumer seeking a #a-year fraud alert or credit freeze4 2 7#e7 in subsection 7e71 in the matter preceding paragraph 7#a71 by inserting #a-year or #g-year before fraud alert2 7#f7 in subsection 7f71 by striking or active duty alert and inserting active duty alert1 or credit freeze1 as applicable12 7#g7 in subsection 7g7-- 7,a7 by inserting or has been harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer1 after identity theft12 and 7,b7 by inserting or credit freezes after request alerts2 and 7#h7 in subsection 7h7-- 7,a7 in paragraph 7#a7-- 7i7 in the paragraph heading1 by striking initial and inserting #a-year2 7ii7 in subparagraph 7,a71 by striking initial and inserting #a-year2 and 7iii7 in subparagraph 7,b77i71 by striking an initial and inserting a #a-year2 and 7,b7 in paragraph 7#b7-- 7i7 in the paragraph heading1 by striking extended and inserting #g-year2 7ii7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking extended and inserting #g-year2 and 7iii7 in subparagraph 7,b71 by striking an extended and inserting a #g-year4 #d4 ,providing free access to credit freezes ,section #fje;,a of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;c-#a7 is amended by adding at the end the following3 7i7 ,credit freezes 7#a7 ,in general ,upon the direct request of a consumer1 or an individual acting on behalf of or as a personal representative of a consumer1 a consumer reporting agency that maintains a file on the consumer and has received appropriate proof of the identity of the requester 7as described in section #ajbb4abc of title #ab1 ,code of ,federal ,regulations1 or any successor thereto7 shall-- 7,a7 7i7 not later than #a business day after receiving the request sent by postal mail1 toll-free telephone1 or secure electronic means as established by the agency1 place a credit freeze on the file of the consumer2 7ii7 not later than #e business days after placing a credit freeze described in clause 7i71 provide the consumer with written confirmation of the credit freeze and a unique personal identification number or password 7other than the social security number of the consumer7 for use to authorize the release of the file of the consumer for a specific period of time2 and 7iii7 disclose all relevant information to the consumer relating to the procedures for temporarily lifting and fully removing a credit freeze1 including a statement about the maximum amount of time given to an agency to conduct those actions2 7,b7 if the consumer provides a correct personal identification number or password1 temporarily lift an existing credit freeze from the file of the consumer for a period of time specified by the consumer for a specific user or category of users1 as determined by the consumer-- 7i7 not later than #a business day after receiving the request by postal mail2 or 7ii7 not later than #ae minutes after receiving the request by toll-free telephone number or secure electronic means established by the agency1 if the request is received during regular business hours1 except if the ability of the consumer reporting agency to temporarily lift the credit freeze is prevented by-- 7,i7 an act of ,god1 including earthquakes1 hurricanes1 storms1 or similar natural disaster or phenomenon1 or fire2 7,,ii7 unauthorized or illegal acts by a third party including terrorism1 sabotage1 riot1 vandalism1 labor strikes or disputes disrupting operations1 or a similar occurrence2 7,,iii7 an operational interruption1 including electrical failure1 unanticipated delay in equipment or replacement part delivery1 computer hardware or software failures inhibiting response time1 or a similar disruption2 7,,iv7 governmental action1 including emergency orders or regulations1 judicial or law enforcement action1 or a similar directive2 7,v7 regularly scheduled maintenance or updates to the systems of the consumer reporting agency occurring outside of normal business hours2 or 7,,vi7 commercially reasonable maintenance of1 or repair to1 the systems of the consumer reporting agency that is unexpected or unscheduled2 or 7,c7 if the consumer provides a correct personal identification number or password1 fully remove an existing credit freeze from the file of the consumer not later than #ba business days after receiving the request by postal mail1 toll-free telephone1 or secure electronic means established by the consumer reporting agency4 7#b7 ,no fee ,a consumer reporting agency may not charge a consumer a fee to place1 temporarily lift1 or fully remove a credit freeze4 7#c7 ,exclusion from third-party lists ,during the period beginning on the date on which a consumer or a representative of the consumer requests to place a credit freeze and ending the date on which the consumer or representative requests to fully remove a credit freeze1 a consumer reporting agency shall exclude the consumer from any list of consumers prepared by the consumer reporting agency and provided to any third party to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer1 unless the consumer or that representative requests that the exclusion be rescinded before end of the period4 4 #e4 ,additional free consumer report ,section #fab of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;j7 is amended-- 7#a7 in subsection 7f77#a71 in the matter preceding subparagraph 7,a71 by inserting or subsection 7h7 after through 7d72 and 7#b7 by adding at the end the following3 7h7 ,free disclosures in connection with credit freeze ,in addition to the free annual disclosure required under subsection 7a77#a77;,a71 each consumer reporting agency that maintains a file on a consumer who requests a credit freeze under section #fje;,a7i7 shall make all disclosures pursuant to section #fji once during any #ab-month period without charge to the consumer if the consumer makes a request under section #fji4 4 #f4 ,refunds 7a7 ,definitions ,in this section1 the terms consumer1 consumer reporting agency1 and credit freeze have the meanings given those terms in section #fjc of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;a71 as amended by section #b4 7b7 ,refunds ,with respect to any consumer who requested a credit freeze from a consumer reporting agency during the period beginning on ,september #g1 #bjag1 and ending on the day before the date of enactment of this ,act1 the consumer reporting agency-- 7#a7 shall issue a refund to the consumer for any fees charged to the consumer relating to the request for a credit freeze2 and 7#b7 may not impose a fee on the consumer to temporarily lift or fully remove the credit freeze4