Sec. 808. Establishes the right to free credit monitoring and identity theft protection services for certain consumers

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Section 605A of the Fair Credit Reporting Act ( 15 U.S.C. 1681c–1(a) ), as amended by section 804, is further amended by adding at the end the following: Upon the direct request of a consumer, or individual acting on behalf of or as a personal representative of a consumer, a consumer reporting agency described in section 603(p) that maintains a file on the consumer and has received appropriate proof of the identity of the requester (as described in section 1022.123 of title 12, Code of Federal Regulations) shall provide the consumer with credit monitoring and identity theft protection services not later than 1 business day after receiving such request sent by postal mail, toll-free telephone, or secure electronic means as established by the agency.

The Bureau may establish classes of consumers eligible to receive credit monitoring and identity theft protection services free of charge. A consumer reporting agency described in section 603(p) may not charge a consumer a fee to receive credit monitoring and identity theft protection services if the consumer or a representative of the consumer— asserts in good faith a suspicion that the consumer has been or is about to become a victim of identity theft, fraud, or a related crime, or harmed by the unauthorized disclosure of the consumer’s financial or personally identifiable information; is unemployed and intends to apply for employment in the 60-day period beginning on the date on which the request is made; is a recipient of public welfare assistance; is an active duty military consumer; is 65 years of age or older; or is a member of a class established by the Bureau under subparagraph (A).

The Bureau shall issue regulations— to define the scope of credit monitoring and identity theft protection services required under this subsection; and to set a fair and reasonable fee that a consumer reporting agency may charge a consumer (other than a consumer described under paragraph (2)(B)) for such credit monitoring and identity theft protection services. This subsection does not annul, alter, or affect in any manner the meaning, scope or applicability of the laws of any State relating to credit monitoring and identity theft protection services or other similar actions, except to the extent those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency.

For purposes of this subsection, a term or provision of a State law is not inconsistent with the provisions of this subsection if the term or provision affords greater protection and benefit to the consumer than the protection and benefit provided under this subsection as determined by the Bureau, on its own motion or upon the petition of any interested party. .

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15 USC 1681c–1(a)

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Sec. 808

Establishes the right to free credit monitoring and identity theft protection services for certain consumers

Cite15 USC 1681c–1(a)

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