(original signature of member) congress s h. r. lloriginal signature of member) 115th congress 1st...

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(Original Signature of Member)

115TH CONGRESS 1ST SESSION H. R. ll

To amend the Credit Repair Organizations Act to facilitate the development

of consumer credit services, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

Mr. ROYCE of California introduced the following bill; which was referred to

the Committee on llllllllllllll

A BILL To amend the Credit Repair Organizations Act to facilitate

the development of consumer credit services, and for

other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

This Act may be cited as the ‘‘Credit Services Protec-4

tion Act of 2017’’. 5

SEC. 2. PROTECTION OF CONSUMER CREDIT SERVICES. 6

(a) IN GENERAL.—The Credit Repair Organizations 7

Act (15 U.S.C. 1679 et seq.) is amended—8

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(1) by striking ‘‘title’’ each place such term ap-1

pears and inserting ‘‘chapter’’; 2

(2) by striking ‘‘TITLE IV—CREDIT RE-3

PAIR ORGANIZATIONS’’ and inserting 4

‘‘TITLE IV—CONSUMER CREDIT SERV-5

ICES’’; 6

(3) by inserting before the table of contents for 7

such Act the following: 8

‘‘CHAPTER 1—CREDIT REPAIR’’; 9

(4) in section 403(3)(B)—10

(A) in clause (ii), by striking ‘‘or’’ at the 11

end; 12

(B) in clause (iii), by striking the period 13

and inserting ‘‘; or’’; and 14

(C) by adding at the end the following: 15

‘‘(iv) any authorized credit services 16

provider to the extent such provider offers, 17

sells, provides, or performs credit and iden-18

tity protection services or credit education 19

services (as such terms are defined, respec-20

tively, under section 423).’’; and 21

(5) by inserting after section 413 the following: 22

‘‘CHAPTER 2—CREDIT AND IDENTITY 23

PROTECTION AND CREDIT EDUCATION24

‘‘Sec. 421. Short title.

‘‘Sec. 422. Findings.

‘‘Sec. 423. Definitions.



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‘‘Sec. 424. Promotion of credit and identity protection services and credit edu-

cation services.

‘‘Sec. 425. Applicability of Credit Repair Organizations Act to activities of au-

thorized credit services providers other than credit and identity

protection services or credit education services.

‘‘Sec. 426. Relation to State law.

‘‘Sec. 427. Process for registering as authorized credit services provider.

‘‘SEC. 421. SHORT TITLE. 1

‘‘This chapter may be cited as the ‘Credit Services 2

Protection Act’. 3

‘‘SEC. 422. FINDINGS. 4

‘‘The Congress makes the following findings: 5

‘‘(1) Consumer reports and credit scores have 6

become widely available to consumers. In order to 7

fully benefit from such access, however, consumers 8

also need the tools to understand and improve their 9

credit standing. By doing so consumers can gain 10

greater access to credit and on better terms, which 11

can help alleviate poverty, sustain the middle class, 12

and grow the economy. 13

‘‘(2) As cyber-attacks and data breaches have 14

proliferated, consumers’ credit standing has also be-15

come increasingly threatened by identity theft, 16

fraud, and other forms of unauthorized access. To 17

help protect against these threats, consumers turn to 18

credit monitoring and other credit and identity pro-19

tection tools and services. 20

‘‘(3) Enacted in 1996, the Credit Repair Orga-21

nizations Act (15 U.S.C. 1679 et seq.) remains an 22



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important law to protect consumers from exploi-1

tation and financial hardship resulting from credit 2

repair, but in recent years the law also has worked 3

to prevent credit education and credit and identity 4

theft protection services from reaching consumers. 5

‘‘(4) The provision of credit and identity protec-6

tion services and credit education services should be 7

accompanied by reasonable and appropriate con-8

sumer protections. 9

‘‘SEC. 423. DEFINITIONS. 10

‘‘For the purposes of this chapter, the following defi-11

nitions apply: 12

‘‘(1) AUTHORIZED CREDIT SERVICES PRO-13

VIDER.—The term ‘authorized credit services pro-14

vider’ means a person that has registered as an au-15

thorized credit services provider under section 427. 16

‘‘(2) CREDIT.—The term ‘credit’ has the mean-17

ing given that term under section 403 of the Credit 18

Repair Organizations Act. 19

‘‘(3) CREDIT AND IDENTITY PROTECTION SERV-20

ICE.—The term ‘credit and identity protection serv-21

ice’—22

‘‘(A) means any service offered, sold, pro-23

vided, or performed to or for consumers for the 24

express or implied purpose of protecting a con-25



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sumer’s credit standing or to detect or prevent 1

the commission or remediate the consequences 2

of identity theft, fraud, data breach, or other 3

unauthorized financial or credit-related activity; 4

and 5

‘‘(B) does not include—6

‘‘(i) advising or assisting in any activ-7

ity described in subparagraphs (A) through 8

(C) of section 427(b)(2); 9

‘‘(ii) any services marketed to a con-10

sumer during a call or session with a con-11

sumer reporting agency (as defined under 12

section 603(f) of the Fair Credit Reporting 13

Act) regarding the exercise of any con-14

sumer right under the Fair Credit Report-15

ing Act or applicable State laws prior to 16

the consumer reporting agency meeting its 17

obligations under the Fair Credit Report-18

ing Act or applicable State law required 19

for such call or session; or 20

‘‘(iii) any services provided without 21

compliance with sections 424(c) and 22

424(d). 23

‘‘(4) CREDIT EDUCATION SERVICE.—The term 24

‘credit education service’—25



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‘‘(A) means any service offered, sold, pro-1

vided, or performed to or for consumers for the 2

express or implied purpose of counseling, edu-3

cating, or assisting consumers in under-4

standing, managing, or prospectively improving 5

their credit standing, consumer report, credit 6

scores, or access to credit; and 7

‘‘(B) does not include—8

‘‘(i) advising or assisting in any activ-9

ity described in subparagraphs (A) through 10

(C) of section 427(b)(2); 11

‘‘(ii) any services marketed to a con-12

sumer during a call or session with a con-13

sumer reporting agency (as defined under 14

section 603(f) of the Fair Credit Reporting 15

Act) regarding the exercise of any con-16

sumer right under the Fair Credit Report-17

ing Act or applicable State laws prior to 18

the consumer reporting agency meeting its 19

obligations under the Fair Credit Report-20

ing Act or applicable State law required 21

for such call or session; or 22

‘‘(iii) any services provided without 23

compliance with sections 424(c) and 24

424(d). 25



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‘‘(5) CONSUMER.—The term ‘consumer’ has the 1

meaning given that term under section 403 of the 2

Credit Repair Organizations Act. 3

‘‘(6) CONSUMER REPORT.—The term ‘consumer 4

report’ has the meaning given that term under sec-5

tion 603 of the Fair Credit Reporting Act. 6

‘‘SEC. 424. PROMOTION OF CREDIT AND IDENTITY PROTEC-7

TION SERVICES AND CREDIT EDUCATION 8

SERVICES. 9

‘‘(a) INAPPLICABILITY OF THE CREDIT REPAIR OR-10

GANIZATIONS ACT TO CREDIT AND IDENTITY PROTEC-11

TION SERVICES AND CREDIT EDUCATION SERVICES.—12

The Credit Repair Organizations Act (15 U.S.C. 1679 et 13

seq.) shall not apply to any authorized credit services pro-14

vider to the extent such provider offers, sells, provides, or 15

performs credit and identity protection services or credit 16

education services. 17

‘‘(b) PROHIBITED PRACTICES.—No authorized credit 18

services provider may—19

‘‘(1) make any statement, or counsel or advise 20

any consumer to make any statement, which is un-21

true or misleading (or which, upon the exercise of 22

reasonable care, should be known by the authorized 23

credit services provider officer, employee, agent, or 24

other person to be untrue or misleading) with re-25



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spect to any consumer’s credit worthiness, credit 1

standing, or credit capacity to—2

‘‘(A) any consumer reporting agency (as 3

defined under section 603(f) of the Fair Credit 4

Reporting Act); or 5

‘‘(B) any person—6

‘‘(i) who has extended credit to the 7

consumer; or 8

‘‘(ii) to whom the consumer has ap-9

plied or is applying for an extension of 10

credit; 11

‘‘(2) make any statement, or counsel or advise 12

any consumer to make any statement, the intended 13

effect of which is to alter the consumer’s identifica-14

tion to prevent the display of the consumer’s credit 15

record, history, or rating for the purpose of con-16

cealing adverse information that is accurate and not 17

obsolete to—18

‘‘(A) any consumer reporting agency (as 19

defined under section 603(f) of the Fair Credit 20

Reporting Act); or 21

‘‘(B) any person—22

‘‘(i) who has extended credit to the 23

consumer; 24



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‘‘(ii) to whom the consumer has ap-1

plied or is applying for an extension of 2

credit; or 3

‘‘(iii) who has a permissible purpose 4

to obtain a consumer report under section 5

604 of the Fair Credit Reporting Act (15 6

U.S.C. 1681b) and is making an eligibility 7

determination in a transaction initiated by 8

the consumer; 9

‘‘(3) make or use any untrue or misleading 10

statement of the services offered by the authorized 11

credit services provider; or 12

‘‘(4) engage, directly or indirectly, in any act, 13

practice, or course of business that constitutes or re-14

sults directly in the commission of, or attempt to 15

commit, a fraud or deception on any person in con-16

nection with the offer or sale of the services of the 17

authorized credit services provider. 18

‘‘(c) MANDATORY DISCLOSURE.—Except as other-19

wise provided by law, an authorized credit services pro-20

vider shall disclose, in writing or electronically, the fol-21

lowing disclosure, or a substantially similar disclosure, to 22

the consumer prior to the authorized credit services pro-23

vider commencing credit and identity protection services 24

or credit education services to the consumer:25



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‘‘Consumer Credit File Rights 1

‘‘You have a right to dispute inaccurate information 2

in your credit report free of charge by contacting the cred-3

it bureau directly. However, neither you nor any other 4

company or organization has the right to have accurate, 5

current, and verifiable information removed from your 6

credit report. Under Federal law, the credit bureau must 7

remove accurate, negative information from your report 8

only if it is over 7 years old. Bankruptcy information can 9

be reported for 10 years. It is unlawful to conceal, distort, 10

or otherwise provide misleading information to a credit bu-11

reau. 12

‘‘You have a right to obtain a free copy of your credit 13

report annually from each of the three nationwide credit 14

bureaus at www.annualcreditreport.com. 15

‘‘You have a right to obtain a copy of your credit 16

report from a credit bureau at any other time for a reason-17

able fee. There is no fee, however, if you have been turned 18

down for credit, employment, insurance, or a rental dwell-19

ing because of information in your credit report within the 20

preceding 60 days. The credit bureau must provide at no 21

cost to you someone to explain to you any information in 22

the credit file disclosure you receive from the credit report-23

ing agency. You are entitled to receive a free copy of your 24

credit report if you are unemployed and intend to apply 25



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11

for employment in the next 60 days, if you are a recipient 1

of public welfare assistance, or if you have reason to be-2

lieve that there is inaccurate information in your credit 3

report due to fraud. 4

‘‘Credit bureaus are required to follow reasonable 5

procedures to ensure that the information they report is 6

accurate. However, mistakes may occur. 7

‘‘You may, on your own, notify a credit bureau in 8

writing, through a toll-free telephone number established 9

by the credit bureau or through a function of the credit 10

bureau’s website, if available, that you dispute the accu-11

racy of information in your credit file. The credit bureau 12

must then investigate your dispute and modify or remove 13

inaccurate or incomplete information. The credit bureau 14

may not charge any fee for this service. Any pertinent in-15

formation and copies of all documents you have concerning 16

an error should be given to the credit bureau. 17

‘‘If the credit bureau’s investigation does not resolve 18

the dispute to your satisfaction, you may send a brief 19

statement to the credit bureau, to be kept in your file, 20

explaining why you think the record is inaccurate. The 21

credit bureau must include a summary of your statement 22

about disputed information with any report it issues about 23

you. 24



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‘‘There are many different credit score models that 1

can give an assessment of your relative risk of default for 2

the same credit report. This risk of default is typically 3

expressed in a three-digit number known as a credit score. 4

‘‘There are various types of credit scores, and lenders 5

use a variety of different types of credit scores to make 6

lending decisions. 7

‘‘The Federal Trade Commission is one of the agen-8

cies that regulates credit bureaus. For more information 9

visit www.consumer.ftc.gov. You may also contact the Bu-10

reau of Consumer Financial Protection at 11

www.consumerfinance.gov. 12

‘‘(d) RIGHT TO TERMINATION OF CONTRACT.—13

‘‘(1) IN GENERAL.—A consumer shall have the 14

right to terminate a contract for credit and identity 15

theft protection services and credit education serv-16

ices within three business days beginning on the 17

date that the consumer enters into such contract 18

with the authorized credit services provider. 19

‘‘(2) REASONABLE VALUE PROVIDED.—If a 20

consumer terminates a contract pursuant to para-21

graph (1), the authorized credit services provider 22

shall be entitled to the reasonable value for services 23

actually rendered prior to termination, not to exceed 24

the total amount paid by the consumer, but an au-25



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13

thorized credit services provider is not entitled to re-1

tain any fees if no services were rendered. 2

‘‘(e) ENFORCEMENT BY FEDERAL TRADE COMMIS-3

SION.—A violation of this section shall be treated as a vio-4

lation of a rule issued under section 18(a)(1)(B) of the 5

Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) 6

regarding unfair or deceptive acts or practices. The Fed-7

eral Trade Commission shall enforce this section in the 8

same manner, by the same means, and with the same ju-9

risdiction, powers, and duties as though all applicable 10

terms and provisions of the Federal Trade Commission 11

Act (15 U.S.C. 41 et seq.) were incorporated into and 12

made a part of this section. 13

‘‘SEC. 425. APPLICABILITY OF CREDIT REPAIR ORGANIZA-14

TIONS ACT TO ACTIVITIES OF AUTHORIZED 15

CREDIT SERVICES PROVIDERS OTHER THAN 16

CREDIT AND IDENTITY PROTECTION SERV-17

ICES OR CREDIT EDUCATION SERVICES. 18

‘‘(a) ENFORCEMENT BY FEDERAL TRADE COMMIS-19

SION.—The Credit Repair Organizations Act (15 U.S.C. 20

1679 et seq.) shall be enforced solely by the Federal Trade 21

Commission in accordance with subsections (a) and (b) of 22

section 410 of that Act with respect to any authorized 23

credit services provider. 24



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‘‘(b) CIVIL LIABILITY AND ADMINISTRATIVE EN-1

FORCEMENT.—Sections 409 and 410(c) of the Credit Re-2

pair Organizations Act (15 U.S.C. 1679 et seq.) shall not 3

apply to any authorized credit services provider. 4

‘‘SEC. 426. RELATION TO STATE LAW. 5

‘‘(a) EXEMPTION FOR AUTHORIZED CREDIT SERV-6

ICES PROVIDERS.—The provisions of this chapter super-7

sede any law or regulation of any State with respect to 8

the subject matter of this chapter or the Credit Repair 9

Organizations Act (15 U.S.C. 1679 et seq.) to the extent 10

that the State law would apply to any authorized credit 11

services provider. 12

‘‘(b) STATE LAWS REGARDING UNFAIR OR DECEP-13

TIVE ACTS OR PRACTICES NOT AFFECTED.—Except for 14

any provision contained in any State law superseded under 15

subsection (a), this section is not intended to preempt any 16

law of any State that prohibits unfair or deceptive acts 17

or practices, including the making of false or misleading 18

statements in the marketing of products or services. 19

‘‘SEC. 427. PROCESS FOR REGISTERING AS AUTHORIZED 20

CREDIT SERVICES PROVIDER. 21

‘‘(a) APPLICATION FOR REGISTRATION.—A person 22

that seeks to be registered as an authorized credit services 23

provider under the provisions of this chapter shall submit 24

to the Federal Trade Commission an application for reg-25



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15

istration that contains the information described in sub-1

section (b). 2

‘‘(b) REQUIRED INFORMATION.—An application for 3

registration under this section shall contain the following: 4

‘‘(1) A statement setting forth the person’s full 5

corporate organization, all affiliates of the person, 6

and all officers, directors, and any other individuals 7

with substantial management oversight over the per-8

son. 9

‘‘(2) A statement that the person has elected to 10

adhere to, and duly represents and warrants annu-11

ally and publicly, the following standards: 12

‘‘(A) The person, or any of its affiliates, 13

does not advise or assist consumers in modi-14

fying or removing, or attempting to modify or 15

remove, adverse information that is accurate 16

and not obsolete from a consumer’s consumer 17

report. 18

‘‘(B) The person, or any of its affiliates, 19

does not assist consumers in altering a con-20

sumer’s existing credit record, credit history, or 21

credit score by concealing or distorting, or at-22

tempting to conceal or distort, adverse informa-23

tion that is accurate and not obsolete. 24



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‘‘(C) The person, or any of its affiliates, 1

does not assist consumers in interacting with 2

consumer reporting agencies described in sec-3

tion 603(f) of the Fair Credit Reporting Act in 4

any manner which interferes with the lawful op-5

eration of such consumer reporting agencies. 6

‘‘(D) The person, or any of its affiliates, 7

does not use the term ‘credit repair’ in its mar-8

keting of credit and identity protection services 9

and credit education services. 10

‘‘(E) The person provides consumers with 11

the mandatory disclosure described in section 12

424(c) prior to entering into a contract or 13

agreement for services, and a right to cancella-14

tion, in accordance with the provisions of this 15

chapter. 16

‘‘(3) A copy of the policies and procedures 17

adopted and implemented by the person to ensure 18

and document compliance with the provisions of this 19

Act, including, policies and procedures for—20

‘‘(A) executing a contract with the con-21

sumer to commence the authorized services; 22

‘‘(B) providing the mandatory disclosure 23

set forth in subsection 424(c); 24



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‘‘(C) providing consumers with the right to 1

terminate a contract for services in accordance 2

with subsection 424(d); and 3

‘‘(D) upon termination, determining the 4

reasonable value of services actually rendered, 5

in accordance with the provisions of 424(d)(2). 6

‘‘(4) A general description of the credit and 7

identity protection services and credit education 8

services that the person plans to offer, sell, provide, 9

or perform to or for consumers under the provisions 10

of this Act. 11

‘‘(5) A statement that the person will—12

‘‘(A) on a biennial basis, provide to the 13

Federal Trade Commission an update, if need-14

ed, to the person’s corporate organization, poli-15

cies and procedures, and general description of 16

services provided pursuant to this subsection; 17

‘‘(B) on a biennial basis, obtain an assess-18

ment from a qualified, objective, independent, 19

third-party professional of the person’s actual 20

compliance record with the representations and 21

warranties in paragraph (2); and 22

‘‘(C) retain such assessment and provide it 23

to the Federal Trade Commission as soon as 24

reasonably practicable, but in no event more 25



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than 10 business days, after the Federal Trade 1

Commission requests the assessment. 2

‘‘(c) CONSIDERATION OF APPLICATIONS AND EXPE-3

DITED RESPONSE.—4

‘‘(1) TIMING.—The Federal Trade Commission 5

shall act by approving or denying applications sub-6

mitted pursuant to this section within 60 days of the 7

submission, and shall set forth in writing its conclu-8

sions with regard to such requests. 9

‘‘(2) ADDITIONAL INFORMATION.—The Federal 10

Trade Commission may request that an applicant 11

provide additional information that is reasonably re-12

lated to one or more of the application elements enu-13

merated in subsection (b), including by requesting 14

that the applicant submit supplemental materials, 15

answer questions in writing, or appear in person be-16

fore the Commissioners or their designee. 17

‘‘(3) DEEMED REGISTRATION.—An application 18

that has not been acted upon by the Federal Trade 19

Commission within 60 days of submission shall be 20

deemed as approved and the person shall be reg-21

istered as an authorized credit services provider. 22

‘‘(4) EXTENSION OF TIME FOR ADDITIONAL IN-23

FORMATION.—If the Federal Trade Commission re-24

quests additional information pursuant to paragraph 25



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19

(2), the applicant shall have up to 30 days to re-1

spond in writing or appear before the Commission as 2

requested. The Commission shall then have an addi-3

tional 30 days to act upon such response, and if not 4

acted upon within 30 days, the application shall be 5

deemed as approved and the person shall be reg-6

istered as an authorized credit services provider. In 7

no event shall the status of an application remain 8

unresolved beyond 120 days from the date of its 9

original submission. 10

‘‘(d) REVOCATION.—11

‘‘(1) IN GENERAL.—The Federal Trade Com-12

mission shall have the authority to rescind a per-13

son’s registration that was issued under this section 14

if the Commission determines that the person has 15

failed to comply with the obligations and standards 16

set forth in this Act. 17

‘‘(2) OPPORTUNITY TO CURE DEFECTS.—The 18

Federal Trade Commission shall provide an author-19

ized credit services provider a reasonable opportunity 20

to cure any defects before moving to revoke a per-21

son’s registration as an authorized credit services 22

provider. 23

‘‘(3) RETROACTIVE REVOCATION.—If the Fed-24

eral Trade Commission determines that a person 25



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20

who has registered as an authorized credit services 1

provider, or any of the person’s affiliates, has—2

‘‘(A) engaged in any activity described 3

under subparagraphs (A) through (C) of sub-4

section (b)(2), 5

‘‘(B) knowingly made false statements in 6

any written statement required under this chap-7

ter, or 8

‘‘(C) willfully or repeatedly violated, or 9

willfully or repeatedly failed to observe, any 10

provision of this Act, 11

the Federal Trade Commission shall have the au-12

thority to deem a revocation effective at the time im-13

mediately prior to when the activity occurred. 14

‘‘(e) JUDICIAL REVIEW OF REVOCATION.—15

‘‘(1) IN GENERAL.—Any person for whom a 16

registration under this section has been revoked may 17

obtain review of such revocation in a court of ap-18

peals of the United States in accordance with the 19

procedures set forth in section 5(c) of the Federal 20

Trade Commission Act, except that—21

‘‘(A) the court of appeals shall hold unlaw-22

ful and set aside a revocation if the court finds 23

that the Federal Trade Commission’s action is 24



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21

not supported by substantial evidence in the ad-1

judicatory record; and 2

‘‘(B) the filing of a petition for review shall 3

operate as a stay of the revocation until the 4

date on which the determination of the court is 5

final (including any appeal of the determina-6

tion), but in the event the court’s final deter-7

mination upholds revocation, the effective date 8

of the revocation shall be the date as deter-9

mined by the Federal Trade Commission. 10

‘‘(2) ADJUDICATORY RECORD DEFINED.—For 11

purposes of this subsection, the term ‘adjudicatory 12

record’ means the Federal Trade Commission’s 13

statement of basis and purpose for revocation, the 14

person’s registration application materials, any writ-15

ten submissions by the person or transcripts of oral 16

testimony, and any other evidence that the Commis-17

sion considers relevant to the revocation. 18

‘‘(3) ADDITIONAL SUBMISSIONS AND PRESEN-19

TATIONS.—If the person or the Federal Trade Com-20

mission applies to the court for leave to make addi-21

tional oral submissions or written presentations and 22

shows to the satisfaction of the court that such sub-23

missions and presentations would be material and 24

that there were reasonable grounds for the submis-25



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22

sions and failure to make such submissions and 1

presentations in the proceeding before the Commis-2

sion, the court may order the Commission to provide 3

additional opportunity to make such submissions 4

and presentations.’’. 5

(b) EFFECTIVE DATE.—The amendments made by 6

this section shall take effect after the 60-day period begin-7

ning on the date of the enactment of this Act.8



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(original signature of member) congress s h. r. lloriginal signature of member) 115th congress 1st...

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