House Bill 0179

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    Florida House of Representatives - 2000                 HB 179

        By Representative Trovillion






  1                      A bill to be entitled

  2         An act relating to consumer credit reporting;

  3         creating s. 817.569, F.S.; providing

  4         definitions; requiring consumer credit

  5         reporting agencies to establish requirements

  6         with respect to the furnishing of consumer

  7         credit reports to prospective users of such

  8         reports; specifying requirements; requiring the

  9         keeping of certain records; requiring consumer

10         credit reporting agencies to follow specified

11         procedures to assure the accuracy of

12         information concerning individuals who are the

13         subject of consumer credit reports; providing

14         that no consumer credit reporting agency may

15         prohibit any user of a consumer credit report

16         from disclosing the contents of such report if

17         adverse action may be taken by the user based

18         on the report; requiring consumer credit

19         reporting agencies to provide specified written

20         notice; requiring consumer credit reporting

21         agencies to reinvestigate certain items of

22         information disputed by a consumer; providing

23         exceptions; providing for certain notice;

24         providing for notification of the termination

25         of a reinvestigation; providing that

26         information deleted from a consumer's file may

27         not be reinserted; providing an exception;

28         providing for notification in the case of a

29         reinsertion; requiring consumer credit

30         reporting agencies to provide notice to a

31         consumer of the results of any reinvestigation;

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  1         authorizing consumers to file a statement with

  2         respect to a dispute under specified

  3         circumstances; providing requirements of the

  4         consumer credit reporting agency when a

  5         statement of dispute is filed; providing

  6         specified notice requirements following the

  7         deletion of information or the filing of a

  8         statement of dispute; providing for certain

  9         disclosure of rights to consumers; requiring

10         consumer credit reporting agencies to maintain

11         reasonable procedures to prevent the

12         reappearance of deleted information; exempting

13         consumer credit reporting agencies from certain

14         requirements when a dispute is resolved;

15         requiring consumer credit reporting agencies to

16         block the reporting of specified information;

17         requiring certain notice; providing conditions

18         under which blocked information shall be

19         unblocked; requiring certain notice; providing

20         that consumers may make a written demand to

21         correct certain information resulting from a

22         reinvestigation; providing that a consumer may

23         require a consumer credit reporting agency to

24         delete or correct inaccurate or incorrect items

25         of information; providing for damages;

26         providing for injunctive relief; providing for

27         the recovery of court costs and attorney's

28         fees; providing for enforcement of action;

29         providing an effective date.

30

31  Be It Enacted by the Legislature of the State of Florida:

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  1         Section 1.  Section 817.569, Florida Statutes, is

  2  created to read:

  3         817.569  Furnishing of consumer credit reports by

  4  consumer credit reporting agency.--

  5         (1)  As used in this section, the following terms shall

  6  have the following meanings:

  7         (a)  "Consumer credit reporting agency" or "agency"

  8  means any consumer credit reporting agency regulated under 15

  9  U.S.C. ss. 1681 et seq. and doing business in this state.

10         (b)  "Personal identification information" shall have

11  the same meaning as that term is defined in s. 817.568, and

12  shall include any identifying information deemed necessary by

13  a consumer credit reporting agency to confirm the identity of

14  a consumer, including, but not limited to, place of

15  employment, current residence address, previous residence

16  address, or social security number.

17         (c)  "Retail seller" or "seller" means a person engaged

18  in the business of selling goods or furnishing services to

19  retail buyers.

20         (2)  Every consumer credit reporting agency shall

21  establish and maintain reasonable procedures which require

22  that prospective users of information contained in consumer

23  credit reports obtained from the agency identify themselves,

24  certify the purposes for which the information is sought,

25  specify the purposes for which the information is sought, and

26  certify that the information will be used for no purposes

27  other than those specified to the agency.  Each consumer

28  credit reporting agency shall keep a detailed record of the

29  purposes for which the information is sought as specified by

30  the user.  Each consumer credit reporting agency shall make a

31  reasonable effort to verify the identity of a new prospective

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  1  user of consumer credit information and the uses certified by

  2  the prospective user prior to furnishing the user a consumer

  3  credit report.  No consumer credit reporting agency may

  4  furnish a consumer credit report to any person unless the

  5  agency has reasonable grounds for believing that the consumer

  6  credit report will be used only for the purposes specified to

  7  the agency pursuant to this section.  A consumer credit

  8  reporting agency does not have reasonable grounds for

  9  believing that a consumer credit report will be used by the

10  prospective user for the purposes specified to the agency

11  unless all of the following requirements are met:

12         (a)  If the prospective user of information is a retail

13  seller, as defined in subsection (1), and intends to issue

14  credit to a consumer who appears in person on the basis of an

15  application for credit submitted in person, the consumer

16  credit reporting agency shall, with a reasonable degree of

17  certainty, match at least three items of personal

18  identification information within the file maintained by the

19  consumer credit reporting agency on the consumer with the

20  information provided to the consumer credit reporting agency

21  by the retail seller.  The items of personal identification

22  information may include, but are not limited to, first and

23  last name, month and date of birth, driver's license number,

24  place of employment, current residence address, previous

25  residence address, or social security number.  The items of

26  information shall not include mother's maiden name.

27         (b)  If the prospective user of information is a retail

28  seller, as defined in subsection (1), and intends to issue

29  credit to a consumer who appears in person on the basis of an

30  application for credit submitted in person, the retail seller

31  shall certify, in writing, to the consumer credit reporting

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  1  agency that it instructs its employees and agents to inspect a

  2  photo identification of the consumer at the time the

  3  application was submitted in person.  This paragraph does not

  4  apply to an application for credit submitted by mail.

  5         (c)  If the prospective user intends to extend credit

  6  by mail pursuant to a solicitation by mail, the extension of

  7  credit shall be mailed to the same address that appears on the

  8  solicitation unless the prospective user verifies any address

  9  change by, among other methods, contacting the person to whom

10  the extension of credit will be mailed.

11         (3)  Whenever a consumer credit reporting agency

12  prepares a consumer credit report, it shall follow reasonable

13  procedures to assure maximum possible accuracy of the

14  information concerning the individual about whom the report

15  relates.  These reasonable procedures shall include, but not

16  be limited to, permanent retention by the consumer credit

17  reporting agency in the consumer's file, or a separately

18  individualized file, of that portion of the data in the file

19  that is used by the consumer credit reporting agency to

20  identify the individual consumer pursuant to paragraph (2)(a).

21  This permanently retained data shall be available for use in

22  either a reinvestigation pursuant to subsection (6), an

23  investigation where the consumer has filed a police report

24  pursuant to subsection (16), or the restoration of a file

25  involving the consumer.  If the permanently retained personal

26  identification information is retained in a consumer's file,

27  it shall be clearly identified in the file in order to easily

28  distinguish between the permanently stored personal

29  identification information and any other identifying

30  information that may be a part of the file.  This retention

31  requirement shall not apply to data that is reported in error,

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  1  that is obsolete, or that is found to be inaccurate through

  2  the results of a reinvestigation initiated by a consumer

  3  pursuant to subsection (6).

  4         (4)  No consumer credit reporting agency may prohibit

  5  any user of any consumer credit report furnished by the agency

  6  from disclosing the contents of the consumer credit report to

  7  the consumer who is the subject of the report if adverse

  8  action may be taken by the user based in whole or in part on

  9  the consumer credit report. The act of disclosure to the

10  consumer by the user of the contents of a consumer credit

11  report shall not be a basis for liability of the consumer

12  credit reporting agency or the user under subsections

13  (18)-(21).

14         (5)  A consumer credit reporting agency shall provide a

15  written notice to any person who regularly and in the ordinary

16  course of business supplies information to the consumer credit

17  reporting agency concerning any consumer or to whom a consumer

18  credit report is provided by the consumer credit reporting

19  agency specifying the person's obligations under this act.  A

20  copy of this section of the Florida Statutes shall satisfy the

21  requirement of this section.

22         (6)  If the completeness or accuracy of any item of

23  information contained in a consumer's file is disputed by the

24  consumer, and the dispute is conveyed directly to the consumer

25  credit reporting agency by the consumer or by the user on

26  behalf of the consumer, the consumer credit reporting agency

27  shall, within a reasonable period of time and without charge,

28  reinvestigate the completeness or accuracy of the disputed

29  item of information and record the current status of the

30  disputed information within 30 business days after the date on

31  which the agency receives notice of the dispute from the

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  1  consumer or user, unless the consumer credit reporting agency

  2  has reasonable grounds to believe and determines that the

  3  dispute by the consumer is frivolous or irrelevant.  Grounds

  4  that a dispute by a consumer is frivolous or irrelevant shall

  5  include failure of the consumer to provide sufficient

  6  information, as requested by the consumer credit reporting

  7  agency, to resolve the dispute. Unless the consumer credit

  8  reporting agency determines that the dispute is frivolous or

  9  irrelevant, the agency shall notify any person who provided

10  the information in dispute within 5 business days after the

11  date on which the agency receives notice of dispute under this

12  section at the address and in the manner specified by the

13  person.  A consumer credit reporting agency may require that

14  disputes by consumers be in writing.

15         (7)  In conducting such a reinvestigation the consumer

16  credit reporting agency shall review and consider all relevant

17  information submitted by the consumer with respect to the

18  disputed item of information.  If the consumer credit

19  reporting agency determines that the dispute is frivolous or

20  irrelevant, it shall notify the consumer by mail or, if

21  authorized by the consumer for that purpose, by any other

22  means available to the agency, within 5 business days after

23  the determination is made to terminate reinvestigation of the

24  item of information.  The notification shall state the

25  specific reasons why the agency has determined that the

26  consumer's dispute is frivolous or irrelevant.  If the

27  disputed item of information is found to be inaccurate,

28  missing, or can no longer be verified by the evidence

29  submitted, the agency shall promptly add, correct, or delete

30  that information from the consumer's file.

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  1         (8)  No information may be reinserted in a consumer's

  2  file after having been deleted pursuant to this section unless

  3  the person who furnished the information verifies that the

  4  information is accurate.  If any information deleted from a

  5  consumer's file is reinserted in the file, the consumer credit

  6  reporting agency shall promptly notify the consumer of the

  7  reinsertion in writing or, if authorized by the consumer for

  8  that purpose, by any other means available to the agency.  As

  9  part of or in addition to this notice, the consumer credit

10  reporting agency shall, within 5 business days after

11  reinserting the information, provide to the consumer in

12  writing:

13         (a)  A statement that the disputed information has been

14  reinserted.

15         (b)  A notice that the agency will provide to the

16  consumer, within 15 days following a request, the name,

17  address, and telephone number of any furnisher of information

18  contacted by or which contacted the consumer credit reporting

19  agency in connection with the reinsertion.

20         (c)  The toll-free telephone number of the consumer

21  credit reporting agency in order that the consumer can obtain

22  the name, address, and telephone number of the furnisher of

23  information.

24         (d)  A notice that the consumer has the right to a

25  reinvestigation of the information reinserted by the consumer

26  credit reporting agency and the right to add a statement to

27  his or her file disputing the accuracy or completeness of the

28  information.

29         (9)  A consumer credit reporting agency shall provide

30  notice to the consumer of the results of any reinvestigation

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  1  under this section within 5 days of completion of the

  2  reinvestigation.  The notice shall include:

  3         (a)  A statement that the reinvestigation has been

  4  completed.

  5         (b)  A consumer credit report that is based on the

  6  consumer's file as that file is revised as a result of the

  7  reinvestigation.

  8         (c)  A description or indication of any changes made in

  9  the consumer credit report as a result of the revisions to the

10  consumer's file.

11         (d)  A notice that, if requested by the consumer, a

12  description of the procedure used to determine the accuracy

13  and completeness of the information shall be provided to the

14  consumer by the consumer credit reporting agency, including

15  the name, business address, and telephone number of any

16  furnisher of information contacted in connection with that

17  information.

18         (e)  A notice that the consumer has the right to add a

19  statement to his or her file disputing the accuracy or

20  completeness of the information.

21         (f)  A notice that the consumer has the right to

22  request that the consumer credit reporting agency furnish

23  notifications under subsection (13).

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25  A consumer credit reporting agency shall provide the notice

26  pursuant to this subsection regarding the procedure used to

27  determine the accuracy and completeness of information not

28  later than 15 days after receiving a request from the

29  consumer.

30         (10)  The presence of information in the consumer's

31  file that contradicts the contention of the consumer shall

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  1  not, in and of itself, constitute reasonable grounds for

  2  believing the dispute to be frivolous or irrelevant.

  3         (11)  If the consumer credit reporting agency

  4  determines that the dispute is frivolous or irrelevant, or if

  5  the reinvestigation does not resolve the dispute, or if the

  6  information is reinserted into the consumer's file pursuant to

  7  subsection (8), the consumer may file a brief statement

  8  setting forth the nature of the dispute.  The consumer credit

  9  reporting agency may limit these statements to not more than

10  100 words if it provides the consumer with assistance in

11  writing a clear summary of the dispute.

12         (12)  Whenever a statement of dispute is filed, the

13  consumer credit reporting agency shall, in any subsequent

14  consumer credit report containing the information in question,

15  clearly note that the information is disputed by the consumer

16  and include in the report either the consumer's statement or a

17  clear and accurate summary thereof.

18         (13)  Following the deletion of information from a

19  consumer's file pursuant to this section, or following the

20  filing of a statement of dispute pursuant to subsection (11),

21  the consumer credit reporting agency shall, at the request of

22  the consumer, furnish notification that the item of

23  information has been deleted or that the item of information

24  is disputed.  In the case of disputed information, the

25  notification shall include the statement or summary of the

26  dispute filed pursuant to subsection (11).  This notification

27  shall be furnished to any person specifically designated by

28  the consumer who has, within 2 years prior to the deletion or

29  the filing of the dispute, received a consumer credit report

30  concerning the consumer for employment purposes or who has,

31  within 6 months after the deletion or the filing of the

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  1  dispute, received a consumer credit report concerning the

  2  consumer for any other purpose, if such consumer credit

  3  reports contained the deleted or disputed information.  The

  4  consumer credit reporting agency shall clearly and

  5  conspicuously disclose to the consumer his or her rights to

  6  make a request for this notification.  The disclosure shall be

  7  made at or prior to the time the information is deleted

  8  pursuant to this section or the consumer's statement regarding

  9  the disputed information is received pursuant to subsection

10  (11).

11         (14)  A consumer credit reporting agency shall maintain

12  reasonable procedures designed to prevent the reappearance in

13  a consumer's file and in consumer credit reports of

14  information that has been deleted pursuant to this section and

15  not reinserted pursuant to subsection (8).

16         (15)  If the consumer's dispute is resolved by deletion

17  of the disputed information within 3 business days, beginning

18  with the day the consumer credit reporting agency received

19  notice of the dispute in accordance with subsection (6), and

20  provided that verification thereof is provided to the consumer

21  in writing within 5 business days following the deletion, then

22  the consumer credit reporting agency shall be exempt from

23  requirements for further action under subsections (9), (11),

24  and (12).

25         (16)  If a consumer submits to a credit reporting

26  agency a copy of a valid police report filed pursuant to s.

27  817.568, the consumer credit reporting agency shall promptly

28  and permanently block the reporting of any information that

29  the consumer alleges appears on his or her credit report as a

30  result of a violation of s. 817.568 so that the information

31  cannot be reported.  The consumer credit reporting agency

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  1  shall promptly notify the furnisher of the information that

  2  the information has been so blocked.  Furnishers of

  3  information and consumer credit reporting agencies shall

  4  ensure that blocked information is unblocked only upon a

  5  preponderance of the evidence establishing the facts required

  6  under paragraphs (a)-(c). The permanently blocked information

  7  shall be unblocked only if:

  8         (a)  The information was blocked due to fraud; or

  9         (b)  The consumer agrees that the blocked information,

10  or portions of the blocked information, were blocked in error;

11  or

12         (c)  The consumer knowingly obtained possession of

13  credit, goods, services, or moneys as a result of the blocked

14  transaction or transactions or the consumer should have known

15  that he or she obtained possession of credit, goods, services,

16  or moneys as a result of the blocked transaction or

17  transactions.

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19  If blocked information is unblocked pursuant to this

20  subsection, the consumer shall be promptly notified in the

21  same manner as provided in subsection (8) for reinsertion of

22  information. The prior presence of the blocked information in

23  the consumer credit reporting agency's file on the consumer

24  shall not constitute evidence of whether the consumer knew or

25  should have known that he or she obtained possession of any

26  credit, goods, services, or moneys as a result of the blocked

27  transaction or transactions.  For the purposes of this

28  subsection, fraud may be demonstrated by circumstantial

29  evidence.  In unblocking information pursuant to this

30  subsection, furnishers of information and consumer credit

31  reporting agencies shall be subject to their respective

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  1  requirements pursuant to this act regarding the completeness

  2  and accuracy of information.

  3         (17)  Upon notification of the results of a consumer

  4  credit reporting agency's reinvestigation pursuant to this

  5  section, a consumer may make a written demand on any person

  6  furnishing information to the consumer credit reporting agency

  7  to correct any information which the consumer believes to be

  8  inaccurate.  The person upon whom the written demand is made

  9  shall acknowledge the demand within 30 days after receipt.

10  The consumer may require the consumer credit reporting agency

11  to indicate on any subsequent reports issued during the

12  dispute that the item or items of information are in dispute.

13  If, upon investigation, the information is found to be

14  inaccurate or incorrect, the consumer may require the consumer

15  credit reporting agency to delete or correct the item or items

16  of information within a reasonable time.  If within 90 days

17  the consumer credit reporting agency does not receive any

18  information from the person requested to furnish the

19  information, or any other communication relative to this

20  information from such person, the consumer credit reporting

21  agency shall delete the information from the report.

22         (18) Any consumer who suffers damages as a result of a

23  violation of this act by any person may bring an action in a

24  court of appropriate jurisdiction against that person to

25  recover the following:

26         (a)  In the case of a negligent violation, actual

27  damages, including court costs, loss of wages, attorney's

28  fees, and, when applicable, pain and suffering.

29         (b)  In the case of a willful violation:

30         1.  Actual damages as set forth in paragraph (a).

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  1         2.  Punitive damages of not less than $100 or more than

  2  $5,000 for each violation as the court deems proper.

  3         3.  Any other relief which the court deems proper.

  4         (c)  In the case of liability of a natural person for

  5  obtaining a consumer credit report under false pretenses or

  6  knowingly without a permissible purpose, an award of actual

  7  damages pursuant to paragraph (a) or subparagraph (b)1. shall

  8  be in an amount of not less than $2,500.

  9         (19)  Injunctive relief shall be available to any

10  consumer aggrieved by a violation or a threatened violation of

11  this section whether or not the consumer seeks any other

12  remedy under this section.

13         (20)  A person who willfully violates any requirement

14  imposed under this section may be liable for punitive damages

15  in the case of a class action, in an amount that the court may

16  allow.  In determining the amount of award in any class

17  action, the court shall consider among relevant factors the

18  amount of any actual damages awarded, the frequency of the

19  violations, the resources of the violator, and the number of

20  persons adversely affected.

21         (21)  The prevailing parties in any action commenced

22  under this section shall be entitled to recover court costs

23  and reasonable attorney's fees.

24         (22)  An action to enforce any liability created under

25  this section may be brought in any appropriate court of

26  competent jurisdiction within 2 years from the date the

27  plaintiff knew of, or should have known of, the violation of

28  this section, but not more than 7 years from the earliest date

29  on which liability could have arisen, except that where a

30  defendant has materially and willfully misrepresented any

31  information required under this act to be disclosed to a

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  1  consumer and the information so misrepresented is material to

  2  the establishment of the defendant's liability to the consumer

  3  under this act, the action may be brought at any time within 2

  4  years after the discovery by the consumer of the

  5  misrepresentation.

  6         Section 2.  This act shall take effect July 1, 2000.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      With respect to consumer credit reporting, requires
  4    consumer credit reporting agencies to establish
      requirements with respect to the furnishing of consumer
  5    credit reports to prospective users of such reports.
      Requires the keeping of certain records.  Requires
  6    consumer credit reporting agencies to follow specified
      procedures to assure the accuracy of information
  7    concerning individuals who are the subject of consumer
      credit reports.  Provides that no consumer credit
  8    reporting agency may prohibit any user of a consumer
      credit report from disclosing the contents of such report
  9    if adverse action may be taken by the user based on the
      report.
10

11    Requires consumer credit reporting agencies to
      reinvestigate certain items of information disputed by a
12    consumer.  Provides exceptions.  Provides that
      information deleted from a consumer's file may not be
13    reinserted.  Provides an exception.  Provides for
      notification in the case of a reinsertion.  Requires
14    consumer credit reporting agencies to provide notice to a
      consumer of the results of any reinvestigation.
15    Authorizes consumers to file a statement with respect to
      a dispute under specified circumstances.  Provides
16    requirements of the consumer credit reporting agency when
      a statement of dispute is filed.  Provides specified
17    notice requirements following the deletion of information
      or the filing of a statement of dispute.  Requires
18    consumer credit reporting agencies to maintain reasonable
      procedures to prevent the reappearance of deleted
19    information.  Requires consumer credit reporting agencies
      to block the reporting of specified information.
20    Provides conditions under which blocked information shall
      be unblocked.  Provides that consumers may make a written
21    demand to correct certain information resulting from a
      reinvestigation.  Provides that a consumer may require a
22    consumer credit reporting agency to delete or correct
      inaccurate or incorrect items of information.
23

24    Provides for damages, injunctive relief, recovery of
      court costs and attorney's fees, and enforcement of
25    action for violations under the act.

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