Sec. 6. Limits on personal disclosure of a Social Security number for consumer transactions
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Part A of title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. ) is amended by adding at the end the following: A commercial entity may not require an individual to provide the individual’s Social Security number when purchasing a commercial good or service or deny an individual the good or service for refusing to provide that number except— for any purpose relating to— obtaining a consumer report for any purpose permitted under the Fair Credit Reporting Act ; a background check of the individual conducted by a landlord, lessor, employer, voluntary service agency, or other entity as determined by the Attorney General; law enforcement; or a Federal, State, or local law requirement; or if the Social Security number is necessary to verify the identity of the consumer to effect, administer, or enforce the specific transaction requested or authorized by the consumer, or to prevent fraud.
A violation of this section shall be deemed to be a violation of section 1129(a)(3)(F). A violation of this section shall be deemed to be a violation of section 208(a)(8). No class action alleging a violation of this section shall be maintained under this section by an individual or any private party in Federal or State court. In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that is prohibited under this section, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— enjoin that practice; enforce compliance with such section; obtain damages, restitution, or other compensation on behalf of residents of the State; or obtain such other relief as the court may consider appropriate.
Before filing an action under subparagraph (A), the attorney general of the State involved shall provide to the Attorney General— written notice of the action; and a copy of the complaint for the action. Clause
(i)shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the State attorney general determines that it is not feasible to provide the notice described in such subparagraph before the filing of the action. With respect to an action described in subclause (I), the attorney general of a State shall provide notice and a copy of the complaint to the Attorney General at the same time as the State attorney general files the action. On receiving notice under paragraph (1)(B), the Attorney General shall have the right to intervene in the action that is the subject of the notice. If the Attorney General intervenes in the action under paragraph (1), the Attorney General shall have the right to be heard with respect to any matter that arises in that action. For purposes of bringing any civil action under paragraph (1), nothing in this section shall be construed to prevent an attorney general of a State from exercising the powers conferred on such attorney general by the laws of that State to— conduct investigations; administer oaths or affirmations; or compel the attendance of witnesses or the production of documentary and other evidence. In any case in which an action is instituted by or on behalf of the Attorney General for violation of a practice that is prohibited under this section, no State may, during the pendency of that action, institute an action under paragraph
(1)against any defendant named in the complaint in that action for violation of that practice. Any action brought under paragraph
(1)may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. In an action brought under paragraph (1), process may be served in any district in which the defendant— is an inhabitant; or may be found. This section shall not apply on or after the date that is 6 years after the effective date of this section. . Not later than the date that is 6 years and 6 months after the date of the enactment of this Act, the Attorney General, in consultation with the chairman of the Federal Trade Commission, shall issue a report evaluating the effectiveness and efficiency of section 1150C of the Social Security Act (as added by subsection (a)) and shall make recommendations to the Congress as to any legislative action determined to be necessary or advisable with respect to such section, including a recommendation regarding whether to reauthorize such section. The amendment made by subsection
(a)shall apply to requests to provide a Social Security number occurring after the date that is 1 year after the date of the enactment of this Act.
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Sec. 6
Limits on personal disclosure of a Social Security number for consumer transactions
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