093_HB2344eng
HB2344 Engrossed LRB093 06708 AMC 06842 b
1 AN ACT concerning business practices.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Consumer Fraud and Deceptive Business
5 Practice Act is amended by adding Section 2MM as follows:
6 (815 ILCS 505/2MM new)
7 Sec. 2MM. Fair credit reporting.
8 (a) A credit reporting agency shall, upon request and
9 proper identification of any consumer, clearly and accurately
10 disclose to the consumer all information available to users
11 at the time of the request pertaining to the consumer,
12 including all of the following:
13 (1) Any credit score or predictor relating to the
14 consumer in a form and manner that complies with such
15 comments or guidelines as may be issued by the Federal
16 Trade Commission.
17 (2) The names of users requesting information
18 pertaining to the consumer during the prior 12-month
19 period and the date of each request.
20 (3) A clear and concise explanation of the
21 information.
22 (b) As frequently as new telephone directories are
23 published, the credit reporting agency shall cause to be
24 listed its name and number in each telephone directory
25 published to serve communities of this State. In accordance
26 with rules adopted by the Attorney General, the credit
27 reporting agency shall make provision for consumers to
28 request by telephone the information required to be disclosed
29 pursuant to subsection (a) of this Section at no cost to the
30 consumer.
31 (c) Any time a credit reporting agency is required to
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1 make a written disclosure to consumers pursuant to 15 U.S.C.
2 1681g, it shall disclose the following:
3 "NOTICE TO ILLINOIS CONSUMERS
4 (1) Under Illinois law, you are allowed to receive one
5 free copy of your credit report every 12 months from each
6 credit reporting agency. If you would like to obtain your
7 free credit report from (insert name of company), you should
8 contact us by writing to the following address: (insert
9 address for obtaining free credit report) or calling the
10 following number: (insert telephone number for obtaining free
11 credit report), or both.
12 (2) If you believe a law regulating consumer credit
13 reporting has been violated, you may file a complaint with
14 the Illinois Attorney General."
15 (d) The information required to be disclosed by this
16 Section shall be disclosed in writing. The information
17 required to be disclosed pursuant to subsection (c) of this
18 Section shall be disclosed on one side of a separate
19 document, with text no smaller than that prescribed by the
20 Federal Trade Commission for the notice required under 15
21 U.S.C. 1681q. The information required to be disclosed
22 pursuant to subsection (c) of this Section may accurately
23 reflect changes in numerical items that change over time and
24 remain in compliance.
25 (e) A credit reporting agency shall not impose a charge
26 for providing the information required to be disclosed under
27 subsection (a) once every 12 months or notifying any person
28 designated by the consumer pursuant to 15 U.S.C. 1681i of the
29 deletion of information that is found to be inaccurate or
30 that can no longer be verified. For all other disclosures to
31 consumers of information available to users pertaining to the
32 consumer, the credit reporting agency may impose a reasonable
33 charge, not to exceed $7.50, on the consumer.
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1 (f) A credit reporting agency that violates this Section
2 commits an unlawful practice within the meaning of this Act.