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Bill PDFBillno should always have and extension i.e. h1.ih

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Congressional Record References

Bill Summary & Status

HR 6062 IH

To amend the Fair Credit Reporting Act to prohibit the use of consumer reports and consumer information in making any determination involving personal lines of insurance with respect to a consumer, and for other purposes.

May 15, 2008

Ms. WATERS (for herself, Mr. GUTIERREZ, Mr. WATT, and Mr. FRANK of Massachusetts) introduced the following bill; which was referred to the Committee on Financial Services

To amend the Fair Credit Reporting Act to prohibit the use of consumer reports and consumer information in making any determination involving personal lines of insurance with respect to a consumer, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Personal Lines of Insurance Fairness Act of 2008'.

SEC. 2. USE OF CONSUMER REPORTS AND CONSUMER INFORMATION FOR CERTAIN INSURANCE PURPOSES PROHIBITED.

(a) In General- Section 604(a)(3)(C) of the Fair Credit Reporting Act (15 U.S.C. 1681b(a)(3)(C)) is amended by inserting `, except personal lines of insurance' before the semicolon.

(b) Rule of Construction- Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681(b)) is amended by adding at the end the following new subsection:

`(h) Certain Lines of Insurance Not an Authorized Business Purpose-

`(1) IN GENERAL- No consumer reporting agency may furnish a consumer report or consumer information with respect to any consumer to any person for use in making any decision to underwrite or rate any personal lines of insurance, and no person shall use or obtain a consumer report or consumer information with respect to any consumer in connection with the underwriting or rating of any consumer in connection with a transaction involving personal lines of insurance.

`(2) INSURANCE INFORMATION NOT INCLUDED- Information derived from the following databases shall not be treated as a consumer report or consumer information for purposes of paragraph (1):

`(A) Databases that contain information on property loss data regarding personal lines of insurance, such as the Comprehensive Loss Underwriting Exchange (CLUE) and Automobile Property Loss Underwriting System (A-PLUS).

`(B) Databases that contain information on driver history, such as accidents or moving violations, typically maintained at State departments of motor vehicles.

`(C) Databases that contain information on a consumer's medical history, to the extent such access and use for purposes described in paragraph (1) is consistent with the requirements of section 604(g).

`(3) DEFINITIONS- For purposes of this subsection, the following definitions shall apply:

`(A) CONSUMER INFORMATION- The term `consumer information' means any information from the file of any consumer at a consumer reporting agency, or any product derived from any such information such as consumer credit reports or credit scores or other risk score or predictor on any consumer.

`(B) PERSONAL LINE OF INSURANCE- The term `personal line of insurance' means any personal automobile or homeowners line of insurance, as defined in the Uniform Property and Casualty Product Coding Matrix established and maintained by the National Association of Insurance Commissioners or any successor document.'.

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