To amend the Fair Credit Reporting Act to prohibit the use of any information in any consumer report by any credit card issuer that is unrelated to the transactions and experience of the card issuer with the consumer to increase the annual percentage rate applicable to credit extended to the consumer, and for other purposes.
What it does: Adds SEC. __. LIMITATION ON USE OF CONSUMER REPORTS wherever appropriateAdds SEC. __. LIMITATION ON USE OF CONSUMER REPORTS wherever appropriate
Adds a sectionInserted: SEC. __. LIMITATION ON USE OF CONSUMER REPORTS.
Inserted: (a) In General.--Section 604(d) of the Fair Credit Reporting Act (15 U.S.C. 1681b(d)) is amended to read as follows:
Inserted: "(d) Limitation on Use of Consumer Report.--
Inserted: "(1) In general.--A credit card issuer may not use any negative information contained in a consumer report to increase any annual percentage rate applicable to a credit card account, or to remove or increase any introductory annual percentage rate of interest applicable to such account, for any reason other than an action or omission of the card holder that is directly related to such account.
Inserted: "(2) Notice to consumer.--The limitation under paragraph (1) on the use by a credit card issuer of information in a consumer report shall be clearly and conspicuously described to the consumer by the credit card issuer in any disclosure or statement required to be made to the consumer under this title.".
Inserted: (b) Technical and Conforming Amendment.--Section 604(a)(3)(F)(ii) of the Fair Credit Reporting Act (15 U.S.C. 1681b(a)(3)(F)(ii)) is amended by inserting "subject to subsection (d)," before "to review".
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
At the appropriate place, insert the following:
SEC. __. LIMITATION ON USE OF CONSUMER REPORTS.
(a) In General.--Section 604(d) of the Fair Credit Reporting Act (15 U.S.C. 1681b(d)) is amended to read as follows:
“(d) Limitation on Use of Consumer Report.--
“(1) In general.--A credit card issuer may not use any negative information contained in a consumer report to increase any annual percentage rate applicable to a credit card account, or to remove or increase any introductory annual percentage rate of interest applicable to such account, for any reason other than an action or omission of the card holder that is directly related to such account.
“(2) Notice to consumer.--The limitation under paragraph (1) on the use by a credit card issuer of information in a consumer report shall be clearly and conspicuously described to the consumer by the credit card issuer in any disclosure or statement required to be made to the consumer under this title.”.
(b) Technical and Conforming Amendment.--Section 604(a)(3)(F)(ii) of the Fair Credit Reporting Act (15 U.S.C. 1681b(a)(3)(F)(ii)) is amended by inserting “subject to subsection (d),” before “to review”.
Legislative Activity
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Considered by Senate. (consideration: CR S2200, S2216)
March 8, 2005
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Considered by Senate. (consideration: CR S2200, S2216)
March 8, 2005
Proposed amendment SA 40 withdrawn in Senate.
March 8, 2005
Considered by Senate. (consideration: CR S2111)
March 7, 2005
Considered by Senate. (consideration: CR S2053)
March 4, 2005
Senate amendment proposed (on the floor): Amendment SA 40 proposed by Senator Pryor.(consideration: CR S1984-1985; text: CR S1984)
March 3, 2005
Amendment SA 40 proposed by Senator Pryor. (consideration: CR S1984-1985; text: CR S1984) To amend the Fair Credit Reporting Act to prohibit the use of any information in any consumer report by any credit card issuer that is unrelated to the transactions and experience of the card issuer with the consumer to increase the annual percentage rate applicable to credit extended to the consumer, and for other purposes.
March 3, 2005
Senate amendment submitted
March 2, 2005