H. R. 6129
IN THE HOUSE OF REPRESENTATIVES
July 13, 2012
Mr. Clarke of Michigan (for himself, Mr. Conyers, and Mr. Thompson of Mississippi) 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 auto insurance with respect to a consumer, and for other purposes.
This Act may be cited as the
Ban the Use of Credit Scores in Auto
Use of consumer reports and consumer information for auto insurance purposes prohibited
Section 604(a)(3)(C) of the Fair Credit Reporting Act (15
U.S.C. 1681b(a)(3)(C)) is amended by inserting
, except auto insurance
(as defined under subsection (h)(3)) before the semicolon.
Rule of construction
Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended by adding at the end the following new subsection:
Auto insurance not an authorized business purpose
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 auto 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 auto insurance.
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):
Databases that contain information on property loss data regarding auto insurance, such as the Comprehensive Loss Underwriting Exchange (CLUE) and Automobile Property Loss Underwriting System (A–PLUS).
Databases that contain information on driver history, such as accidents or moving violations, typically maintained at State departments of motor vehicles.
For purposes of this subsection:
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 any other risk score or predictor on any consumer.
The term personal line of insurance means any personal automobile 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.