Top Summary
This section amends the Fair Credit Reporting Act to add provisions regarding the treatment of prescreening report requests in the context of residential mortgage loans. It defines key terms such as "credit union," "insured depository institution," "residential mortgage loan," and "servicer." The amendment imposes a limitation on consumer reporting agencies, prohibiting them from furnishing consumer reports to third parties based on a prescreening request unless the transaction involves a firm offer of credit or insurance, and the recipient has proper authorization from the consumer or meets specific criteria, such as originating or servicing the loan, being an insured depository institution or credit union, or holding a current account for the consumer.
Original Bill Text:
SEC. 2.Treatment of prescreening report requests.
(a) In general.—Section 604(c) of the Fair Credit Reporting Act (15 U.S.C. 1681b(c)) is amended by adding at the end the following:
“(4) TREATMENT OF PRESCREENING REPORT REQUESTS.—
“(A) DEFINITIONS.—In this paragraph:
“(i) CREDIT UNION.—The term ‘credit union’ means a Federal credit union or a State credit union, as those terms are defined, respectively, in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).
“(ii) INSURED DEPOSITORY INSTITUTION.—The term ‘insured depository institution’ has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)).
“(iii) RESIDENTIAL MORTGAGE LOAN.—The term ‘residential mortgage loan’ has the meaning given the term in section 1503 of the S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5102).
“(iv) SERVICER.—The term ‘servicer’ has the meaning given the term in section 6(i) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)).
“(B) LIMITATION.—If a person requests a consumer report from a consumer reporting agency in connection with a credit transaction involving a residential mortgage loan, that agency may not, based in whole or in part on that request, furnish a consumer report to another person under this subsection unless—
“(i) the transaction consists of a firm offer of credit or insurance; and
“(ii) that other person—
“(I) has submitted documentation to that agency certifying that such other person has, pursuant to paragraph (1)(A), the authorization of the consumer to whom the consumer report relates; or
“(II) (aa) has originated a current residential mortgage loan of the consumer to whom the consumer report relates;
“(bb) is the servicer of a current residential mortgage loan of the consumer to whom the consumer report relates; or
“(cc)(AA) is an insured depository institution or credit union; and
“(BB) holds a current account for the consumer to whom the consumer report relates.”.