Sec. 203. Enhances fraud alert protections

962 words·~4 min read·/bill/116/hr/3622/rh/section-203·

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Section 605A of the Fair Credit Reporting Act ( 15 U.S.C. 1681c–1 ) is amended— in subsection (a)— in the subsection heading, by striking and inserting One-Call ; One-Year in paragraph (1)— in the paragraph heading, by striking and inserting Initial alerts ; In general by inserting or harmed by the unauthorized disclosure of the consumer’s financial or personally identifiable information, after identity theft, ; in subparagraph (A), by striking and at the end; in subparagraph (B)— by inserting 1-year before fraud alert ; and by striking the period at the end and inserting ; and ; and by adding at the end the following new subparagraph: upon the expiration of the 1-year period described in subparagraph

(A)or a subsequent 1-year period, and in response to a direct request by the consumer or such representative, continue the fraud alert for a period of 1 additional year if the information asserted in this paragraph remains applicable. ; and in paragraph (2)— in the paragraph heading, by inserting after and credit or educational credit scores ; reports by inserting 1-year before fraud alert ; in subparagraph (A), by inserting and credit score or educational credit score after file ; and in subparagraph (B), by striking any request described in subparagraph

(A)and inserting the consumer reporting agency includes the 1-year fraud alert in the file of a consumer ; in subsection (b)— in the subsection heading, by striking and inserting Extended ; Seven-Year in paragraph (1)— in subparagraph (B)— by striking 5-year period beginning on the date of such request and inserting such 7-year period ; and by striking and at the end; in subparagraph (C)— by striking extended and inserting 7-year ; and by striking the period at the end and inserting ; and ; and by adding at the end the following new subparagraph: upon the expiration of such 7-year period or a subsequent 7-year period, and in response to a direct request by the consumer or such representative, continue the fraud alert for a period of 7 additional years if the consumer or such representative submits an updated identity theft report. ; and in paragraph (2)— in the paragraph heading, by inserting after and credit or educational credit scores ; and reports by amending subparagraph

(A)to read as follows: disclose to the consumer that the consumer may request a free copy of the file and credit score or educational credit score of the consumer pursuant to section 612(d) during each 12-month period beginning on the date on which the 7-year fraud alert was included in the file and ending on the date of the last day that the 7-year fraud alert applies to the consumer’s file; and ; in subsection (c)— in paragraph (1), by inserting or educational credit score after credit score ; by redesignating paragraphs (1), (2), and (3), as subparagraphs (A), (B), and (C), respectively (and conforming the margins accordingly); by striking Upon the direct request and inserting: Upon the direct request ; and by adding at the end the following new paragraph: If a consumer reporting agency includes an active duty alert in the file of an active duty military consumer, the consumer reporting agency shall— disclose to the active duty military consumer that the active duty military consumer may request a free copy of the file and credit score or educational credit score of the active duty military consumer pursuant to section 612(d), during each 12-month period beginning on the date that the activity duty military alert is requested and ending on the date of the last day the active duty alert applies to the file of the active duty military consumer; and provide to the active duty military consumer all disclosures required to be made under section 609, without charge to the consumer, not later than 3 business days after any request described in subparagraph (A). ; by amending subsection

(d)to read as follows: Each consumer reporting agency described in section 603(p) shall include on the webpage required under subsection

(i)policies and procedures to comply with this section, including policies and procedures— that inform consumers of the availability of 1-year fraud alerts, 7-year fraud alerts, active duty alerts, and security freezes (as applicable); that allow consumers to request 1-year fraud alerts, 7-year fraud alerts, and active duty alerts (as applicable) and to place, temporarily lift, or fully remove a security freeze in a simple and easy manner; and for asserting 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, for a consumer seeking a 1-year fraud alert or security freeze. ; in subsection (e), by inserting 1-year or 7-year before fraud alert ; in subsection (f), by striking or active duty alert and inserting active duty alert, or security freeze (as applicable) ; in subsection (g)— by inserting or has been harmed by the unauthorized disclosure of the consumer’s financial or personally identifiable information, or to inform such agency of the consumer’s participation in credit restoration or rehabilitation under section 605C, 605D, or 605E, after identity theft, ; and by inserting or security freezes after request alerts ; in subsection (h)— in paragraph (1)— in the paragraph heading, by striking and inserting initial ; and 1-year by striking initial and inserting 1-year each place such term appears; and in paragraph (2)— in the paragraph heading, by striking and inserting extended ; and 7-year by striking extended and inserting 7-year each place such term appears; and in subsection (i)(4)— by striking subparagraphs

(E)and (I); and by redesignating subparagraphs (F), (G), (H), and

(J)as subparagraphs (E), (F), (G), and (H), respectively.

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15 USC 1681c–1

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Sec. 203

Enhances fraud alert protections

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