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Note - This bill was introduced in the US Senate. Not sure if there is a companion bill in the House of Representatives as yet.

It is a commendable effort, but at the rate both are approaching the infinity of dysfunction, no action to pass the bill is contemplated before the END of the century.

 

If we are reading the bill correctly, it provides injunctive relief to plaintiffs as well as ATTORNEYS FEES!!! If someone could give me a quick sanity check [text of the bill is below], that would be much appreciated.

 

 

Amendment to Fair Credit Reporting Act to Impact Debt Collection

Bill focuses on preventing errors in consumers' credit reports and calls for the CFPB to develop accuracy procedures for credit reporting agencies to follow.

New legislation from Sens. Sherrod Brown (D-Ohio), and Brian Schatz, (D-Hawaii), seeks to amend the Fair Credit Reporting Act (FCRA) to protect consumers from inaccurate credit reports and credit scores.

The “Stop Errors in Credit Use and Reporting Act” would make it easier for consumers to correct, dispute, and access their credit reports and builds on a proposal from Sen. Bernie Sanders (I-Vt.), to provide consumers with free credit scores, according to a statement from Brown and Schatz.

Under the FCRA, credit reporting agencies are required to, “follow reasonable procedures to assure maximum possible accuracy” of information contained in credit reports, but reports still contain far too many preventable errors, according to a summary of the legislation.

“In today’s economy, it is critical that consumers have access to a safe and reliable way of checking their credit reports and scores,” Brown said. “This legislation ensures consumers have the resources they need to correct credit report errors that could potentially impact future employment opportunities, credit applications, and other transactions that require a good credit score. Consumers would also have access to a free annual credit score and report.”

Of relevance to debt collection agencies, the bill amends responsibilities of consumer data furnishers to provide “free disclosure after notice of adverse action or offer of credit on materially less favorable terms.”

(1) In general.--Not later than 14 days after the date on which a consumer reporting agency receives a notification under
subsection (a)(2) or (h)(6) of section 615, or from a debt collection agency affiliated with the consumer reporting
agency, the consumer reporting agency shall make, without charge to the consumer, all disclosures required in accordance
with the rules prescribed by the Bureau under section 609(h).
Other specific components the legislation would:

 

  • Require the Consumer Financial Protection Bureau (CFPB) to develop procedures for credit reporting agencies to follow as a means to improve accuracy.
  • Ensure that agencies send consumers’ disputes and supporting documents to the creditor when there is an error on a report, so that they can thoroughly review the consumer’s claim.
  • Make it easier for consumers to spot errors in their credit reports by requiring that consumers receive a free copy of their credit report if anyone makes an unfavorable decision based on the report.
  • Give consumers the ability to request a free credit score along with their annual free credit report to see what credit they might be eligible for.
  • Give courts the ability to stop a credit reporting agency from reporting inaccurate information and provide the Federal Trade Commission with new authority to stop sloppy practices.

The legislation is cosponsored by Sanders, Sen. Elizabeth Warren, (D-Mass.), and Sen. Richard Blumenthal (D-Conn.). It is under review by the Committee on Banking, Housing and Urban Affairs

 

Senate: S.2224 - SECURE Act

 

 

 

INJUNCTIVE RELIEF AND ATTORNEYS FEES!!!

 

Injunctive Relief.--In addition to any other remedy set forth in this section, a court may award injunctive relief to require
compliance with the requirements imposed under this title with respect to any consumer. In the event of any successful action for injunctive relief under this subsection, the court may award to the prevailing party costs and reasonable attorney fees (as determined by the court) incurred during the action by such party.

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@debt_warrior

 

Thank you for this information!  :-)

 

I definitely believe that the FCRA, along with the FDCPA, needs an overhaul.  In my opinion, the Act is not specific enough and is too lenient in some of its requirements.  For instance, it does not determine what is necessary for a furnisher or CRA to conduct an investigation into a consumer dispute.  That needs to be defined.

Another issue is the reporting of the date of first delinquency.  It states that if a furnisher doesn't have the date of first delinquency (which is what determines the date the entry will fall off your CR), they can follow reasonable procedures to get that information from the original creditor.  If the OC didn't report that date to a CRA, then the furnisher can establish and follow reasonable procedures to ensure that the DOFD is earlier than the unknown DOFD.  

What if the OC no longer has any records of the account?  We're supposed to just trust the DOFD provided by a CA or JDB when the OC is not reporting?

"Reasonable procedures" is not defined within the Act.  How do we know that a furnisher is establishing procedures that are, in fact, reasonable?

 

Those are just a couple of the problems that I have with the FCRA.

Considering the impact that credit reporting has on so many consumers, furnishers should be required to have proof of what is being reported and be ready to provide that proof to a consumer after receiving a notice of dispute.  If the furnisher doesn't have that proof, they shouldn't be reporting at all.

 In regard to the injunctive relief, that could get sticky.  Notice that it said "successful action" and "prevailing party".   There are people who will dispute and sue for every little thing including accurate information.   There may need to be a penalty for frivolous actions.

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