- The Washington Times - Thursday, September 11, 2003


Americans would gain access to free credit reports and the ability to thwart identity thieves with a single phone call under bipartisan legislation overwhelmingly approved by the House.

But the bill also means people would lose the protection of some state financial privacy laws, which would be pre-empted by federal law.

The House on Wednesday voted 392-30 to reauthorize the Fair Credit Reporting Act, and along with the legislation to institute uniform credit reporting requirements nationwide, lawmakers added what they called some of the toughest identity-theft legislation to come out of Congress.

“This bill will give consumers the weapons they need to fight identity thieves and the tools to repair their credit history after an attack,” said House Financial Services Chairman Michael G. Oxley, Ohio Republican.

The bill now goes to the Senate, which expects to hold hearings later this month.

But some consumer protection groups said the House legislation takes away from states the ability to set stronger privacy laws than the federal government does. For example, California just passed a law allowing California consumers to block banks, insurance companies and other institutions from sharing their personal information.

Attempts to carve out protections for state laws failed.

“Sloppy financial-industry practices have led to the identity theft epidemic, yet this House bill does little to force industry to clean up,” said Ed Mierzwinski, consumer program director at the U.S. Public Interest Research Group. “We expect the Senate bill to be more balanced and will work to ensure that the final law is a floor, not a ceiling, allowing California and other states to protect privacy and help fight identity theft.”

Identity theft cost consumers and businesses $53 billion last year, the Federal Trade Commission said last week, with almost 10 million Americans falling victim to thieves using their name and other personal information, such as a Social Security number or bank and credit card numbers, to establish credit or buy products.

Under the legislation, all consumers would have the right to a free copy of their credit report annually upon request. Only six states — Colorado, Georgia, Maryland, Massachusetts, New Jersey and Vermont — now require the nation’s three major credit bureaus — Equifax Inc., Experian Information Solutions Inc. and Trans Union — to give consumers free credit reports every year.

At the request of Rep. Barney Frank, Massachusetts Democrat, the House agreed to include regional and national specialized credit bureaus to the list of credit bureaus that would have to provide free credit reports.

The bill also gives consumers “one call for all” protection by requiring credit bureaus to share consumer calls on identity theft, including requested fraud-alert blocking.

Consumers who have been or think they are about to become the victim of fraud may request a credit bureau to put a fraud alert on their reports. Also, the agency must block any information that was caused by identity theft, such as a fraudulent bank account.

“This legislation not only empowers consumers with protections, it also demands creditors and credit bureaus do their part to combat fraud,” said Rep. Darlene Hooley, Oregon Democrat.

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