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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: October 10, 2017 12:29 PM
From: Representative Michael J. Driscoll
To: All House members
Subject: Amending the Credit Reporting Agency Act – Data Breaches
I am preparing to introduce legislation this Thursday, October 12, 2017, that will amend the Credit Reporting Agency Act. My bill is part of a package with Rep. Ellis who is amending the Breach of Personal Information Notification Act. This legislation package is to assist our constituents and protect their information in times of a data breach.

As we all know, Equifax’s data breach exposed the financial data of millions of our constituents. This legislation will eliminate fees and offer further assistance to protect our constituent’s credit and personal information after a breach has occurred.

Specifically, my bill will:
  • Waive the credit freeze fee.
  • Provide consumers with free credit monitoring for three years
  • Provide consumers with up to three free credit reports for one calendar year after the date the breach is reported.

The above will only apply to a credit reporting agency that has experienced a breach. An agency that has not had a breach can continue to operate as normal.

Additionally, my bill will reduce the fee a credit reporting agency that has not experienced a breach can impose for placing a security freeze or temporarily lifting the freeze. Under my proposal, an agency may impose a fee not to exceed $5 (from $10).

The bill will also prohibit a breached credit reporting agency from requiring consumers to waive their rights in order to option any of the above stated services.

I hope that you will join me by co-sponsoring this legislation.

Introduced as HB1847