State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



92_SB0594

 
                                               LRB9204199JSpc

 1        AN ACT concerning consumer reporting agencies.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:


 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    Consumer Credit Reporting Agencies Act.

 6        Section 5.  Findings.  The Legislature finds and declares
 7    as follows:
 8             (1)  An  elaborate  mechanism has been developed for
 9        investigating  and  evaluating  the  credit   worthiness,
10        credit  standing, credit capacity, and general reputation
11        of consumers.
12             (2)  Consumer credit reporting agencies have assumed
13        a vital role in assembling and evaluating consumer credit
14        and other information on consumers.
15             (3)  There is a need to insure that consumer  credit
16        reporting  agencies exercise their grave responsibilities
17        with  fairness,  impartiality,  and  a  respect  for  the
18        consumer's right to privacy.
19             (4)  It is the purpose of this Act to  require  that
20        consumer   credit  reporting  agencies  adopt  reasonable
21        procedures for meeting the needs of commerce for consumer
22        credit, personnel, insurance, hiring of a dwelling  unit,
23        and  other  information  in  a  manner  that  is fair and
24        equitable  to   the   consumer   with   regard   to   the
25        confidentiality,    accuracy,   relevancy,   and   proper
26        utilization of such information in  accordance  with  the
27        requirements of this Act.
28             (5)  The  Legislature  hereby  intends  to  regulate
29        consumer  credit  reporting agencies pursuant to this Act
30        in a manner which will best protect the interests of  the



 
                            -2-                LRB9204199JSpc
 1        people of the State of Illinois.
 2             (6)  The  extension of credit is a privilege and not
 3        a right. Nothing in this Act shall  preclude  a  creditor
 4        from denying credit to any applicant providing the denial
 5        is based on factors not inconsistent with present law.
 6             (7)  Any  clauses  in  contracts  which prohibit any
 7        action required  by  this  Act  are  not  in  the  public
 8        interest  and  shall  be  considered unenforceable.  This
 9        shall not invalidate the other terms of such a contract.

10        Section 10.  Definitions.  The following terms as used in
11    this Act have the meaning expressed in this Section:
12        (a)  "Adverse action" means a  denial  or  revocation  of
13    credit,   a  change  in  the  terms  of  an  existing  credit
14    arrangement that is adverse to the interests of the consumer,
15    or a refusal to grant credit in substantially the  amount  or
16    on  substantially  the  terms  requested.   "Adverse  action"
17    includes all of the following:
18             (1)  Any  denial  of, increase in any charge for, or
19        reduction in  the  amount  of,  insurance  for  personal,
20        family, or household purposes made in connection with the
21        underwriting of insurance.
22             (2)  Any  denial of employment or any other decision
23        made for employment purposes that adversely  affects  any
24        current or prospective employee.
25             (3)  Any  action  taken, or determination made, with
26        respect to a consumer  (A)  for  an  application  for  an
27        extension  of  credit  and  (B)  that  is  adverse to the
28        interests of the consumer.
29        "Adverse action" does not include (A) a refusal to extend
30    additional credit to a  consumer  under  an  existing  credit
31    arrangement  if  (i) the applicant is delinquent or otherwise
32    in  default  under  that  credit  arrangement  or  (ii)   the
33    additional  credit  would  exceed  a  credit limit previously
 
                            -3-                LRB9204199JSpc
 1    established for the consumer or (B) a refusal or  failure  to
 2    authorize an account transaction at a point of sale.
 3        (b)  "Consumer" means a natural individual.
 4        (c)  "Consumer credit report" means any written, oral, or
 5    other  communication  of any information by a consumer credit
 6    reporting agency bearing on a consumer's  credit  worthiness,
 7    credit  standing,  or  credit  capacity,  that  is used or is
 8    expected to be used, or collected in whole or  in  part,  for
 9    the  purpose  of  serving  as  a  factor  in establishing the
10    consumer's eligibility for:
11             (1)  credit  to  be  used  primarily  for  personal,
12        family, or household purposes;
13             (2)  employment purposes; or
14             (3)  other purposes authorized in Section 30.
15        The term does  not  include  (1)  any  report  containing
16    information  solely as to transactions or experiences between
17    the consumer and  the  person  making  the  report,  (2)  any
18    communication  of  that  information  or  information  from a
19    credit application by a consumer that is internal within  the
20    organization  that is the person making the report or that is
21    made to an  entity  owned  by,  or  affiliated  by  corporate
22    control  with,  that  person;  provided  that the consumer is
23    informed  by  means  of  a  clear  and  conspicuous   written
24    disclosure   that   information   contained   in  the  credit
25    application may be provided to these persons; however,  where
26    a  credit application is taken by telephone, disclosure shall
27    initially be given orally at  the  time  the  application  is
28    taken,  and  a clear and conspicuous written disclosure shall
29    be made to the consumer in the first written communication to
30    that  consumer  after  the  application  is  taken,  (3)  any
31    authorization or approval of a specific extension  of  credit
32    directly  or  indirectly  by  the  issuer of a credit card or
33    similar device, (4)  any  report  by  a  person  conveying  a
34    decision  whether  to  make  a  specific  extension of credit
 
                            -4-                LRB9204199JSpc
 1    directly or indirectly to a consumer in response to a request
 2    by a third party, if the third party advises the consumer  of
 3    the  name  and  address of the person to whom the request was
 4    made and the person makes the  disclosures  to  the  consumer
 5    required   under   Section  90,  (5)  any  report  containing
 6    information  solely  on  a  consumer's   character,   general
 7    reputation, personal characteristics, or mode of living which
 8    is  obtained  through  personal  interviews  with  neighbors,
 9    friends, or associates of the consumer reported on, or others
10    with  whom  he  is  acquainted  or  who  may  have  knowledge
11    concerning  those items of information, (6) any communication
12    about a consumer in  connection  with  a  credit  transaction
13    which  is  not initiated by the consumer, between persons who
14    are  affiliated  by  common  ownership  or  common  corporate
15    control,  if  either  of  those  persons  has  complied  with
16    paragraph (2) of subsection (b) of Section 95 with respect to
17    a   prequalifying   report   from   which   the   information
18    communicated is taken and provided the consumer has consented
19    to the provision and  use  of  the  prequalifying  report  in
20    writing,  or (7) any consumer credit report furnished for use
21    in  connection  with  a  transaction  which  consists  of  an
22    extension of credit  to  be  used  solely  for  a  commercial
23    purpose.
24        (d)  "Consumer  credit reporting agency" means any person
25    who, for monetary fees, dues, or on a  cooperative  nonprofit
26    basis,  regularly engages in whole or in part in the business
27    of assembling or evaluating consumer  credit  information  or
28    other  information on consumers for the purpose of furnishing
29    consumer credit  reports  to  third  parties,  but  does  not
30    include  any governmental agency whose records are maintained
31    primarily for traffic safety, law enforcement,  or  licensing
32    purposes.
33        (e)  "Credit  transaction  that  is  not initiated by the
34    consumer" does not include  the  use  of  a  consumer  credit
 
                            -5-                LRB9204199JSpc
 1    report  by  an  assignee  for  collection or by a person with
 2    which the  consumer  has  an  account  for  purposes  of  (1)
 3    reviewing  the  account  or  (2) collecting the account.  For
 4    purposes of this subsection, "reviewing the account" includes
 5    activities related to  account  maintenance  and  monitoring,
 6    credit line increases, and account upgrades and enhancements.
 7        (f)  "Employment  purposes", when used in connection with
 8    a consumer credit report, means a report used for the purpose
 9    of  evaluating  a   consumer   for   employment,   promotion,
10    reassignment, or retention as an employee.
11        (g)  "File",  when used in connection with information on
12    any consumer, means all of the information on  that  consumer
13    recorded  and retained by a consumer credit reporting agency,
14    regardless of how the information is stored.
15        (h)  "Firm offer of credit" means any offer of credit  to
16    a consumer that will be honored if, based on information in a
17    consumer  credit report on the consumer and other information
18    bearing on the creditworthiness of the consumer, the consumer
19    is determined  to  meet  the  criteria  used  to  select  the
20    consumer  for  the  offer and the consumer is able to provide
21    any real property collateral specified  in  the  offer.   For
22    purposes  of  this  subsection, the phrase "other information
23    bearing  on  the  creditworthiness  of  the  consumer"  means
24    information that the person making the offer is permitted  to
25    consider  pursuant to any rule, regulation, or formal written
26    policy  statement  relating  to  the  federal   Fair   Credit
27    Reporting  Act,  as  amended  (15  U.S.C. Sec. 1681 et seq.),
28    promulgated by the Federal Trade Commission  or  any  federal
29    bank regulatory agency.
30        (i)  "Item  of  information"  means  any  of  one or more
31    informative entries in a credit report that causes a creditor
32    to deny credit to an applicant or increase the cost of credit
33    to an applicant or deny an applicant a checking account  with
34    a bank or other financial institution.
 
                            -6-                LRB9204199JSpc
 1        (j)  "Person"    means   any   individual,   partnership,
 2    corporation,   trust,   estate,   cooperative,   association,
 3    government or governmental subsection  or  agency,  or  other
 4    entity.
 5        (k)  "Prequalifying report" means a report containing the
 6    limited   information   permitted   under  paragraph  (2)  of
 7    subsection (b) of Section 30.
 8        (l)  "State or local child  support  enforcement  agency"
 9    means  the  Department of Public Aid or a local child support
10    agency acting pursuant to the Illinois  Public  Aid  Code  to
11    establish,  enforce  or modify child support obligations, and
12    any state or local agency or official that succeeds to  these
13    responsibilities under a successor statute.

14        Section  15.  Checking  account  information.  Any person
15    who, for monetary fees, dues, or on a  cooperative  nonprofit
16    basis,  regularly engages in whole or in part in the practice
17    of assembling, evaluating, or  disseminating  information  on
18    the  checking  account  experiences  of consumer customers of
19    banks or other financial institutions is subject to the  same
20    laws that govern consumer credit reporting agencies.

21        Section  20.  Applicability.  The notices and disclosures
22    to consumers provided for in this Act shall be required to be
23    made only to those consumers who have a  mailing  address  in
24    Illinois.

25        Section 25.  Disclosure to consumers.
26        (a)  A  consumer  credit  reporting  agency  shall,  upon
27    request  and proper identification of any consumer, allow the
28    consumer to visually inspect all files  maintained  regarding
29    that consumer at the time of the request.
30        (b)  A  consumer credit reporting agency, upon contact by
31    a  consumer  by  telephone,  mail,  or  in  person  regarding
 
                            -7-                LRB9204199JSpc
 1    information  that  may  be  contained  in  the  agency  files
 2    regarding that consumer, shall promptly advise  the  consumer
 3    of  his  or  her  rights under Sections 80 and 85, and of the
 4    obligation of the agency to provide disclosure of  the  files
 5    in  person,  by mail, or by telephone pursuant to Section 50,
 6    including the obligation of the agency to provide  a  decoded
 7    written  version  of  the  file or a written copy of the file
 8    with an explanation of any code, including any  credit  score
 9    used,  and  the key factors, as defined in Section 55, if the
10    consumer  requests  that  copy.   The  disclosure  shall   be
11    provided  in the manner selected by the consumer, chosen from
12    among any reasonable means available to the  consumer  credit
13    reporting agency.
14        The agency shall determine the applicability of paragraph
15    (1)  of  subsection  (a) of Section 70, and where applicable,
16    the agency shall inform the consumer of the rights under that
17    Section.
18        (c)  All information on a consumer  in  the  files  of  a
19    consumer credit reporting agency at the time of a request for
20    inspection  under  subsection  (a)  shall  be  available  for
21    inspection,  including the names and addresses of the sources
22    of information.
23        (d)  The consumer  credit  reporting  agency  shall  also
24    disclose  the recipients of any consumer credit report on the
25    consumer  that  the  consumer  credit  reporting  agency  has
26    furnished:
27             (1)  for  employment  purposes  within  the   2-year
28        period preceding the request; and
29             (2)  for  any  other  purpose  within  the  12-month
30        period preceding the request.
31        Disclosure  of  recipients of consumer credit reports for
32    purposes of this subsection shall include  the  name  of  the
33    recipient  or,  if  applicable,  the fictitious business name
34    under which the recipient does business  disclosed  in  full.
 
                            -8-                LRB9204199JSpc
 1    If  requested  by the consumer, the identification shall also
 2    include the address of the recipient.
 3        (e)  The consumer  credit  reporting  agency  shall  also
 4    disclose  a record of all inquiries received by the agency in
 5    the 12-month period preceding the request that identified the
 6    consumer in connection with a credit transaction that is  not
 7    initiated  by  the  consumer.  This record of inquiries shall
 8    include the name of each recipient making an inquiry.

 9        Section 30.  Furnishing of credit reports.
10        (a)  A consumer credit reporting agency shall  furnish  a
11    consumer    credit    report   only   under   the   following
12    circumstances:
13             (1)  in response to the  order  of  a  court  having
14        jurisdiction to issue an order;
15             (2)  in  accordance with the written instructions of
16        the consumer to whom it relates; or
17             (3)  to a person whom it has reason to believe:
18                  (A)  intends  to   use   the   information   in
19             connection with a credit transaction, or entering or
20             enforcing   an   order   of  a  court  of  competent
21             jurisdiction for support, involving the consumer  as
22             to  whom  the  information  is  to  be furnished and
23             involving the extension of credit to, or  review  or
24             collection of an account of, the consumer;
25                  (B)  intends   to   use   the  information  for
26             employment purposes;
27                  (C)  intends  to   use   the   information   in
28             connection   with   the  underwriting  of  insurance
29             involving the  consumer,  or  for  insurance  claims
30             settlements;
31                  (D)  intends   to   use   the   information  in
32             connection with a determination  of  the  consumer's
33             eligibility  for  a license or other benefit granted
 
                            -9-                LRB9204199JSpc
 1             by a governmental instrumentality required by law to
 2             consider the applicant's financial responsibility or
 3             status; or
 4                  (E)  otherwise has a legitimate  business  need
 5             for  the  information  in connection with a business
 6             transaction involving the consumer.
 7        (b)  A  consumer  credit  reporting  agency  may  furnish
 8    information for purposes of a credit transaction specified in
 9    subparagraph (A) of paragraph (3) of subsection (a), when  it
10    is  a  credit  transaction  that  is  not  initiated  by  the
11    consumer, only under the circumstances specified in paragraph
12    (1) or (2), as follows:
13             (1)  The  consumer  authorizes  the  consumer credit
14        reporting agency to furnish the consumer credit report to
15        the person.
16             (2)  The proposed transaction involves a firm  offer
17        of  credit to the consumer, the consumer credit reporting
18        agency has complied with subsection (d), and the consumer
19        has not elected pursuant to paragraph (1)  of  subsection
20        (d)  to  have  the consumer's name excluded from lists of
21        names provided by the consumer  credit  reporting  agency
22        for   purposes   of  reporting  in  connection  with  the
23        potential issuance of firm offers of credit.  A  consumer
24        credit  reporting  agency  may provide only the following
25        information pursuant to this paragraph:
26                  (A)  The name and address of the consumer.
27                  (B)  Information pertaining to a consumer  that
28             is  not identified or identifiable with a particular
29             consumer.
30        (c)  Except as provided in paragraph  (2)  of  subsection
31    (a)  of  Section 50, a consumer credit reporting agency shall
32    not furnish to  any  person  a  record  of  inquiries  solely
33    resulting  from credit transactions that are not initiated by
34    the consumer.
 
                            -10-               LRB9204199JSpc
 1        (d) (1)  A consumer may elect to have his or her name and
 2    address excluded from any list provided by a consumer  credit
 3    reporting  agency pursuant to paragraph (2) of subsection (b)
 4    by  notifying  the  consumer  credit  reporting  agency,   by
 5    telephone  or  in  writing,  through  the notification system
 6    maintained by the consumer credit reporting  agency  pursuant
 7    to  subsection (e), that the consumer does not consent to any
 8    use of consumer credit reports relating to  the  consumer  in
 9    connection  with any transaction that is not initiated by the
10    consumer.
11             (2)  An election of a consumer under  paragraph  (1)
12        shall  be  effective  with  respect  to a consumer credit
13        reporting agency,  and  any  affiliate  of  the  consumer
14        credit  reporting  agency,  on  the  date  on  which  the
15        consumer notifies the consumer credit reporting agency.
16             (3)  An  election  of a consumer under paragraph (1)
17        shall terminate and be of no force  or  effect  following
18        notice from the consumer to the consumer credit reporting
19        agency,   through  the  system  established  pursuant  to
20        subsection (e), that the election is no longer effective.
21        (e)  A consumer credit reporting agency that furnishes  a
22    prequalifying report pursuant to subsection (b) in connection
23    with a credit transaction not initiated by the consumer shall
24    establish  and  maintain  a  notification system, including a
25    toll-free telephone number, that permits any  consumer,  with
26    appropriate  identification and for which the consumer credit
27    reporting agency has a file, to notify  the  consumer  credit
28    reporting  agency  of  the  consumer's  election  to have the
29    consumer's name removed from any list of names and  addresses
30    provided  by the consumer credit reporting agency, and by any
31    affiliated consumer  credit  reporting  agency,  pursuant  to
32    paragraph   (2)  of  subsection  (b).   Compliance  with  the
33    requirements  of  this  subsection  by  a   consumer   credit
34    reporting  agency  shall  constitute  compliance  with  those
 
                            -11-               LRB9204199JSpc
 1    requirements   by  any  affiliate  of  that  consumer  credit
 2    reporting agency.
 3        (f)  A consumer credit reporting agency that compiles and
 4    maintains files on consumers  on  a  nationwide  basis  shall
 5    establish  and maintain a notification system under paragraph
 6    (1) of subsection (e) jointly with  its  affiliated  consumer
 7    credit reporting agencies.

 8        Section  35.  Disclosures  of  information  to government
 9    agencies.  Notwithstanding the provisions of  Section  30,  a
10    consumer   credit   reporting   agency   may   furnish  to  a
11    governmental  agency  a  consumer's  name,  address,   former
12    address,   places   of   employment,   or  former  places  of
13    employment.

14        Section 40.  Prohibited information in credit reports.
15        (a)  A consumer credit reporting agency may not make  any
16    consumer  credit report containing any of the following items
17    of information:
18             (1)  Bankruptcies   that,   from   the    date    of
19        adjudication, antedate the report by more than 10 years.
20             (2)  Suits  and  judgments  that,  from  the date of
21        entry or renewal, antedate the  report  by  more  than  7
22        years  or  until the governing statute of limitations has
23        expired, whichever is the longer period.
24             (3)  Unlawful detainer actions,  unless  the  lessor
25        was   the   prevailing   party.   For  purposes  of  this
26        paragraph,  the  lessor  shall  be  deemed  to   be   the
27        prevailing  party  only if (A) final judgment was awarded
28        to the lessor (i) upon entry  of  the  tenant's  default,
29        (ii) upon the granting of the lessor's motion for summary
30        judgment, or (iii) following trial, or (B) the action was
31        resolved  by  a  written settlement agreement between the
32        parties that states that the unlawful detainer action may
 
                            -12-               LRB9204199JSpc
 1        be reported.  In any other instance in which  the  action
 2        is resolved by settlement agreement, the lessor shall not
 3        be deemed to be the prevailing party for purposes of this
 4        paragraph.
 5             (4)  Paid  tax liens that, from the date of payment,
 6        antedate the report by more than 7 years.
 7             (5)  Accounts placed for collection  or  charged  to
 8        profit  and  loss that antedate the report by more than 7
 9        years.
10             (6)  Records  of  arrest,  indictment,  information,
11        misdemeanor complaint, or conviction  of  a  crime  that,
12        from   the  date  of  disposition,  release,  or  parole,
13        antedate the report by more than 7 years.  These items of
14        information shall no longer be reported if at any time it
15        is learned that in the case of a conviction a full pardon
16        has  been  granted,  or  in  the  case  of   an   arrest,
17        indictment,   information,  or  misdemeanor  complaint  a
18        conviction did not result.
19             (7)  Any other adverse  information  that  antedates
20        the report by more than 7 years.
21        (b)  The  7-year  period  specified in paragraphs (5) and
22    (7) of subsection (a) shall commence to run, with respect  to
23    any  account  that is placed for collection (internally or by
24    referral to a third party, whichever is earlier), charged  to
25    profit and loss, or subjected to any similar action, upon the
26    expiration of the 180-day period beginning on the date of the
27    commencement of the delinquency that immediately preceded the
28    collection  activity,  charge  to profit and loss, or similar
29    action.  Where more than one of these actions is  taken  with
30    respect  to a particular account, the 7-year period specified
31    in paragraphs (5) and (7) shall commence concurrently for all
32    these actions on the date of the first of these actions.
33        (c)  A consumer credit reporting agency that furnishes  a
34    consumer  credit  report containing information regarding any
 
                            -13-               LRB9204199JSpc
 1    case  involving  a  consumer  arising  under  the  bankruptcy
 2    provisions of Title  11  of  the  United  States  Code  shall
 3    include  an  identification of the chapter of Title 11 of the
 4    United States Code under which the case arose if that can  be
 5    ascertained  from  what  was  provided to the consumer credit
 6    reporting agency by the source of the information.
 7        (d)  A consumer  credit  report  shall  not  include  any
 8    adverse  information  concerning  a  consumer  antedating the
 9    report by more than 10 years or that otherwise is  prohibited
10    from being included in a consumer credit report.
11        (e)  If a consumer credit reporting agency is notified by
12    a  furnisher  of  credit  information that an open-end credit
13    account of the consumer has been closed by the consumer,  any
14    consumer  credit  report  thereafter  issued  by the consumer
15    credit reporting agency with respect to  that  consumer,  and
16    that  includes  information  respecting  that  account, shall
17    indicate the fact that the consumer has closed  the  account.
18    For  purposes  of  this subsection, "open-end credit account"
19    does not include  any  demand  deposit  account,  such  as  a
20    checking  account,  money  market  account,  or  share  draft
21    account.
22        (f)  Consumer credit reporting agencies shall not include
23    medical  information  in  their files on consumers or furnish
24    medical information  for  employment,  insurance,  or  credit
25    purposes  in  a consumer credit report without the consent of
26    the consumer.
27        (g)  A consumer credit reporting agency shall include  in
28    any  consumer  credit  report  information,  if  any,  on the
29    failure of the consumer  to  pay  overdue  child  or  spousal
30    support.

31        Section 45.  Agency procedures.
32        (a)  A  consumer  credit  reporting agency shall maintain
33    reasonable procedures designed to avoid violations of Section
 
                            -14-               LRB9204199JSpc
 1    40 and to limit furnishing of consumer credit reports to  the
 2    purposes  listed  under  Section  30.  These procedures shall
 3    require that prospective users of  the  information  identify
 4    themselves, certify the purposes for which the information is
 5    sought  and  certify that the information will be used for no
 6    other purposes.  After the effective date  of  this  Act  the
 7    consumer  credit  reporting agency shall keep a record of the
 8    purposes as stated by the user.  A consumer credit  reporting
 9    agency  shall make a reasonable effort to verify the identity
10    of a new prospective user  and  the  uses  certified  by  the
11    prospective  user  prior  to  furnishing  the user a consumer
12    report. A consumer credit reporting agency may not furnish  a
13    consumer  credit  report  to  any  person unless the consumer
14    credit reporting agency has reasonable grounds for  believing
15    that  the  consumer  credit report will be used by the person
16    for the purposes listed in Section  30.   A  consumer  credit
17    reporting   agency  does  not  have  reasonable  grounds  for
18    believing that a consumer credit report will be used  by  the
19    person  for  the  purposes listed in Section 30 unless all of
20    the following requirements are met:
21             (1)  If the prospective user is a retail seller  and
22        intends  to  issue  credit  to  a consumer who appears in
23        person  on  the  basis  of  an  application  for   credit
24        submitted in person, the consumer credit reporting agency
25        shall,  with  a  reasonable degree of certainty, match at
26        least 3 categories of identifying information within  the
27        file  maintained  by the consumer credit reporting agency
28        on the consumer with  the  information  provided  to  the
29        consumer  credit  reporting  agency by the retail seller.
30        The categories of identifying  information  may  include,
31        but  are  not  limited to, first and last name, month and
32        date  of  birth,  driver's  license  number,   place   of
33        employment, current residence address, previous residence
34        address,  or  social  security number.  The categories of
 
                            -15-               LRB9204199JSpc
 1        information shall not include mother's maiden name.
 2             (2)  If the prospective user is a retail seller  and
 3        intends  to  issue  credit  to  a consumer who appears in
 4        person  on  the  basis  of  an  application  for   credit
 5        submitted  in  person,  the  retail  seller certifies, in
 6        writing, to the consumer credit reporting agency that  it
 7        instructs  its  employees  and  agents to inspect a photo
 8        identification  of  the  consumer   at   the   time   the
 9        application was submitted in person.  This paragraph does
10        not apply to an application for credit submitted by mail.
11             (3)  If  the  prospective  user  intends  to  extend
12        credit  by  mail  pursuant to a solicitation by mail, the
13        extension of credit shall be mailed to the  same  address
14        as  on  the  solicitation  unless  the  prospective  user
15        verifies  any  address  change  by,  among other methods,
16        contacting the person to whom  the  extension  of  credit
17        will be mailed.
18        (b)  Whenever a consumer credit reporting agency prepares
19    a   consumer   credit  report,  it  shall  follow  reasonable
20    procedures  to  assure  maximum  possible  accuracy  of   the
21    information  concerning  the individual about whom the report
22    relates.  These reasonable procedures shall include, but  not
23    be  limited  to,  permanent  retention by the consumer credit
24    reporting agency in the  consumer's  file,  or  a  separately
25    individualized  file, of that portion of the data in the file
26    that is used by  the  consumer  credit  reporting  agency  to
27    identify the individual consumer pursuant to paragraph (1) of
28    subsection  (a).   This  permanently  retained  data shall be
29    available for use in either  a  reinvestigation  pursuant  to
30    subsection  (a)  of  Section  65,  an investigation where the
31    consumer has filed a police report pursuant to subsection (k)
32    of Section 65, or a  restoration  of  a  file  involving  the
33    consumer.     If   the   permanently   retained   identifying
34    information is retained in a consumer's  file,  it  shall  be
 
                            -16-               LRB9204199JSpc
 1    clearly identified in the file in order for an individual who
 2    reviews   the   file   to   easily  distinguish  between  the
 3    permanently stored  identifying  information  and  any  other
 4    identifying information that may be a part of the file.  This
 5    retention  requirement  shall  not  apply  to  data  that  is
 6    reported  in  error, that is obsolete, or that is found to be
 7    inaccurate through the results of a reinvestigation initiated
 8    by a consumer pursuant to subsection (a) of Section 65.
 9        (c)  A consumer credit reporting agency may not  prohibit
10    a  user  of  any  consumer  credit  report  furnished  by the
11    consumer credit reporting agency from disclosing the contents
12    of the consumer credit report to  the  consumer  who  is  the
13    subject  of  the report if adverse action may be taken by the
14    user based in whole or in part on the consumer credit report.
15    The act of disclosure to the consumer  by  the  user  of  the
16    contents of a consumer credit report shall not be a basis for
17    liability of the consumer credit reporting agency or the user
18    under Section 135.
19        (d)  A  consumer  credit reporting agency shall provide a
20    written notice  to  any  person  who  regularly  and  in  the
21    ordinary  course  of  business  supplies  information  to the
22    consumer credit reporting agency concerning any  consumer  or
23    to  whom a consumer credit report is provided by the consumer
24    credit  reporting  agency.   The  notice  shall  specify  the
25    person's  obligations  under  this  Act.    Copies   of   the
26    appropriate   Sections   of   this   Act  shall  satisfy  the
27    requirement of this subsection.

28        Section 50.  Consumer's right to information.
29        (a)  A consumer  credit  reporting  agency  shall  supply
30    files and information required under Section 25 during normal
31    business  hours and on reasonable notice.  In addition to the
32    disclosure provided by this Act and any disclosures  received
33    by  the  consumer,  the consumer has the right to request and
 
                            -17-               LRB9204199JSpc
 1    receive all of the following:
 2             (1)  Either a decoded written version of the file or
 3        a written copy of the file, including all information  in
 4        the  file at the time of the request, with an explanation
 5        of any code used.
 6             (2)  A record of all inquiries, by  recipient,  that
 7        result  in  the  provision  of information concerning the
 8        consumer in connection with a credit transaction that  is
 9        not  initiated  by the consumer and that were received by
10        the consumer  credit  reporting  agency  in  the  6-month
11        period  immediately  preceding the request for disclosure
12        under this Section.
13             (3)  The recipients, including end  users  specified
14        in  Section  115,  of  any  consumer credit report on the
15        consumer which the consumer credit reporting  agency  has
16        furnished:
17                  (A)  For  employment purposes within the 2-year
18             period preceding the request.
19                  (B)  For any other purpose within  the  6-month
20             period preceding the request.
21             Identification  for purposes of this paragraph shall
22        include the name of the recipient or, if applicable,  the
23        fictitious  business  name under which the recipient does
24        business  disclosed  in  full.   If  requested   by   the
25        consumer,  the  identification  shall  also  include  the
26        address of the recipient.
27        (b)  Files  maintained  on  a consumer shall be disclosed
28    promptly as follows:
29             (1)  In person, at the location where  the  consumer
30        credit  reporting  agency maintains the trained personnel
31        required by subsection (d),  if  he  or  she  appears  in
32        person and furnishes proper identification.
33             (2)  By  mail,  if  the  consumer  makes  a  written
34        request with proper identification for a copy of the file
 
                            -18-               LRB9204199JSpc
 1        or  a  decoded written version of that file to be sent to
 2        the  consumer  at  a  specified  address.   A  disclosure
 3        pursuant to this paragraph  shall  be  deposited  in  the
 4        United  States  mail,  postage prepaid, within 5 business
 5        days  after  the  consumer's  written  request  for   the
 6        disclosure  is  received by the consumer credit reporting
 7        agency.  Consumer  credit  reporting  agencies  complying
 8        with  requests  for mailings under this Section shall not
 9        be liable for disclosures  to  third  parties  caused  by
10        mishandling of mail after the mailings leave the consumer
11        credit reporting agencies.
12             (3)  A summary of all information contained in files
13        on  a  consumer and required to be provided by Section 25
14        shall be provided by telephone, if the consumer has  made
15        a   written   request,  with  proper  identification  for
16        telephone disclosure.
17             (4)  Information in a consumer's file required to be
18        provided in  writing  under  this  Section  may  also  be
19        disclosed  in  another form if authorized by the consumer
20        and if  available  from  the  consumer  credit  reporting
21        agency.    For   this  purpose  a  consumer  may  request
22        disclosure in person pursuant to Section 25, by telephone
23        upon disclosure of proper identification by the consumer,
24        by electronic means if available from the consumer credit
25        reporting agency, or by any other reasonable  means  that
26        is available from the consumer credit reporting agency.
27        (c)  "Proper  identification,"  as used in subsection (b)
28    means  that  information  generally  deemed   sufficient   to
29    identify  a  person.  Only  if  the  consumer  is  unable  to
30    reasonably  identify  himself or herself with the information
31    described above,  may  a  consumer  credit  reporting  agency
32    require  additional  information  concerning  the  consumer's
33    employment  and personal or family history in order to verify
34    his or her identity.
 
                            -19-               LRB9204199JSpc
 1        (d)  The consumer credit reporting agency  shall  provide
 2    trained  personnel to explain to the consumer any information
 3    furnished him or her pursuant to Section 25.
 4        (e)  The consumer shall be permitted to be accompanied by
 5    one other person of his or her choosing,  who  shall  furnish
 6    reasonable   identification.   A  consumer  credit  reporting
 7    agency  may  require  the  consumer  to  furnish  a   written
 8    statement   granting   permission   to  the  consumer  credit
 9    reporting agency to  discuss  the  consumer's  file  in  that
10    person's presence.
11        (f)  Any   written   disclosure   by  a  consumer  credit
12    reporting agency to any consumer  pursuant  to  this  Section
13    shall  include  a  written summary of all rights the consumer
14    has under this Act and in  the  case  of  a  consumer  credit
15    reporting  agency that compiles and maintains consumer credit
16    reports on a nationwide basis, a toll-free  telephone  number
17    that  the  consumer  can use to communicate with the consumer
18    credit  reporting  agency.  The  written  summary  of  rights
19    required  under  this  subsection   is   sufficient   if   in
20    substantially the following form:
21        "You  have  a  right to obtain a copy of your credit file
22    from a consumer credit reporting agency.  You may be  charged
23    a reasonable fee not exceeding $8.  There is no fee, however,
24    if  you  have  been  turned  down  for credit, employment, or
25    insurance because of information in your credit report within
26    the preceding 60 days.  The consumer credit reporting  agency
27    must provide someone to help you interpret the information in
28    your credit file.
29        You  have  a  right  to dispute inaccurate information by
30    contacting the consumer  credit  reporting  agency  directly.
31    However,  neither you nor any credit repair company or credit
32    service organization has the right to have accurate, current,
33    and verifiable information removed from your  credit  report.
34    Under  the  Federal  Fair  Credit Reporting Act, the consumer
 
                            -20-               LRB9204199JSpc
 1    credit  reporting  agency  must  remove  accurate,   negative
 2    information  from your report only if it is over 7 years old.
 3    Bankruptcy information can be reported for 10 years.
 4        If you have notified a credit reporting agency in writing
 5    that you dispute the accuracy of information  in  your  file,
 6    the  consumer  credit  reporting  agency must then, within 30
 7    business days, reinvestigate and modify or remove  inaccurate
 8    information.   The  consumer  credit reporting agency may not
 9    charge a fee for this service.  Any pertinent information and
10    copies of all documents you have concerning an  error  should
11    be given to the consumer credit reporting agency.
12        If  reinvestigation  does not resolve the dispute to your
13    satisfaction, you may send a brief statement to the  consumer
14    credit  reporting agency to keep in your file, explaining why
15    you think the record  is  inaccurate.   The  consumer  credit
16    reporting  agency  must include your statement about disputed
17    information in a report it issues about you.
18        You have a right to receive a  record  of  all  inquiries
19    relating  to  a  credit transaction initiated in the 6 months
20    preceding  your  request.  This  record  shall  include   the
21    recipients of any consumer credit report.
22        You may request in writing that the information contained
23    in  your  file not be provided to a third party for marketing
24    purposes.
25        You have a right to bring civil  action  against  anyone,
26    including  a consumer credit reporting agency, who improperly
27    obtains access to a file, knowingly or willfully misuses file
28    data, or fails to correct inaccurate file data.".

29        Section 55.  Disclosure of credit score.
30        (a)  Upon the consumer's request for a  credit  score,  a
31    consumer credit reporting agency shall supply to a consumer a
32    notice  that includes the information described in paragraphs
33    (1) to (5), inclusive, and a statement  indicating  that  the
 
                            -21-               LRB9204199JSpc
 1    information  and  credit  scoring model may be different than
 2    the credit score that may be used by the lender.  However, if
 3    the consumer requests the credit  file  and  not  the  credit
 4    score,  then the consumer shall receive the credit file and a
 5    statement that he or she may  request  and  obtain  a  credit
 6    score.
 7             (1)  The  consumer's  current  credit  score  or the
 8        consumer's most recent credit score that  was  previously
 9        calculated  by  the credit reporting agency for a purpose
10        related to the extension of credit.
11             (2)  The range of possible credit scores  under  the
12        model used.
13             (3)  All the key factors that adversely affected the
14        consumer's  credit  score  in  the  model used, the total
15        number of which shall not exceed 4.
16             (4)  The date the credit score was created.
17             (5)  The name of the person or entity that  provided
18        the  credit  score  or  credit file upon which the credit
19        score was created.
20        (b)  For purposes of this Act,  "credit  score"  means  a
21    numerical   value   or   a   categorization  derived  from  a
22    statistical tool or modeling system  used  by  a  person  who
23    makes or arranges a loan to predict the likelihood of certain
24    credit  behaviors, including default.  The numerical value or
25    the categorization derived from this  analysis  may  also  be
26    referred to as a "risk predictor" or "risk score".
27        "Credit  score"  does  not  include any mortgage score or
28    rating of an automated underwriting system that considers one
29    or more factors in addition to credit information, including,
30    but not limited to, the loan to value ratio,  the  amount  of
31    down payment, or a consumer's financial assets.
32        "Credit  score"  does  not  include other elements of the
33    underwriting process or underwriting decision.
34        (c)  For the purposes  of  this  Section,  "key  factors"
 
                            -22-               LRB9204199JSpc
 1    means  all  relevant  elements or reasons adversely affecting
 2    the credit score for the particular individual listed in  the
 3    order of their importance based on their effect on the credit
 4    score.
 5        (d)  The  information  required  by this Section shall be
 6    provided in the same timeframe and manner as the  information
 7    described in Section 50.
 8        (e)  This  Section  shall  not  be  construed to compel a
 9    consumer reporting agency to develop or disclose a  score  if
10    the  agency  does  not (1) distribute scores that are used in
11    connection with  residential  real  property  loans,  or  (2)
12    develop  scores that assist credit providers in understanding
13    a consumer's general credit behavior and  predicting  his  or
14    her future credit behavior.
15        (f)  This  Section  shall  not  be construed to require a
16    consumer credit  reporting  agency  that  distributes  credit
17    scores  developed  by  another  person or entity to provide a
18    further explanation of them, or to process a dispute  arising
19    pursuant  to  subsection  (a)  of Section 65, except that the
20    consumer credit reporting agency shall provide  the  consumer
21    with  the  name  and  address  and website for contacting the
22    person or entity who developed the  score  or  developed  the
23    methodology  of the score.  This subsection does not apply to
24    a consumer credit reporting agency that develops or  modifies
25    scores that are developed by another person or entity.
26        (g)  This  Section  shall  not  be construed to require a
27    consumer reporting agency to maintain credit  scores  in  its
28    files.

29        Section 60.  Manner of compliance with Section 55.
30        (a)  In  complying  with  Section  55,  a consumer credit
31    reporting agency shall supply  the  consumer  with  a  credit
32    score  that  is  derived  from a credit scoring model that is
33    widely distributed to users by that consumer credit reporting
 
                            -23-               LRB9204199JSpc
 1    agency in connection with residential real property loans  or
 2    with   a   credit   score   that   assists  the  consumer  in
 3    understanding the credit scoring assessment  of  his  or  her
 4    credit  behavior  and  predictions  about  his  or her future
 5    credit  behavior,  and  a  statement  indicating   that   the
 6    information  and  credit  scoring model may be different than
 7    that used by the lender.
 8        (b)  A consumer credit  reporting  agency  may  charge  a
 9    reasonable  fee  for providing the information required under
10    Section 55.

11        Section 65.  Accuracy of information; disputes.
12        (a)  If the completeness  or  accuracy  of  any  item  of
13    information  contained  in  his  or her file is disputed by a
14    consumer and the dispute is conveyed directly to the consumer
15    credit reporting agency by the consumer or user on behalf  of
16    the  consumer,  the  consumer  credit reporting agency shall,
17    within a  reasonable  period  of  time  and  without  charge,
18    reinvestigate  and  record the current status of the disputed
19    information before the  end  of  the  30-business-day  period
20    beginning  on  the  date  the  agency  receives notice of the
21    dispute from the consumer or user, unless the consumer credit
22    reporting  agency  has  reasonable  grounds  to  believe  and
23    determines that the dispute by the consumer is  frivolous  or
24    irrelevant,  including by reason of a failure of the consumer
25    to  provide  sufficient  information,  as  requested  by  the
26    consumer credit reporting agency, to investigate the dispute.
27    Unless the consumer credit reporting agency  determines  that
28    the dispute is frivolous or irrelevant, before the end of the
29    5-business-day  period  beginning  on  the  date the consumer
30    credit reporting agency receives notice of dispute under this
31    Section, the agency shall  notify  any  person  who  provided
32    information  in  dispute  at  the  address  and in the manner
33    specified by the person.  A consumer credit reporting  agency
 
                            -24-               LRB9204199JSpc
 1    may require that disputes by consumers be in writing.
 2        (b)  In  conducting  that  reinvestigation  the  consumer
 3    credit   reporting  agency  shall  review  and  consider  all
 4    relevant information submitted by the consumer  with  respect
 5    to  the disputed item of information.  If the consumer credit
 6    reporting agency determines that the dispute is frivolous  or
 7    irrelevant,  it  shall  notify  the  consumer  by mail or, if
 8    authorized by the consumer for that  purpose,  by  any  other
 9    means  available  to  the  consumer  credit reporting agency,
10    within 5 business days after that determination is made  that
11    it   is  terminating  its  reinvestigation  of  the  item  of
12    information.   In  this  notification,  the  consumer  credit
13    reporting agency shall state the specific reasons why it  has
14    determined  that  the  consumer's  dispute  is  frivolous  or
15    irrelevant.   If the disputed item of information is found to
16    be inaccurate, missing, or can no longer be verified  by  the
17    evidence  submitted,  the  consumer  credit  reporting agency
18    shall promptly add, correct, or delete that information  from
19    the consumer's file.
20        (c)  No  information  may  be  reinserted in a consumer's
21    file after having  been  deleted  pursuant  to  this  Section
22    unless  the  person  who  furnished the information certifies
23    that the information is accurate.
24        If any information deleted  from  a  consumer's  file  is
25    reinserted  in the file, the consumer credit reporting agency
26    shall promptly notify the  consumer  of  the  reinsertion  in
27    writing  or,  if authorized by the consumer for that purpose,
28    by any other means available to the consumer credit reporting
29    agency.  As part of, or  in  addition  to,  this  notice  the
30    consumer  credit  reporting  agency  shall, within 5 business
31    days of reinserting the information, provide the consumer  in
32    writing  (1)  a  statement  that the disputed information has
33    been reinserted, (2) a notice that the agency will provide to
34    the consumer, within 15 days following a request,  the  name,
 
                            -25-               LRB9204199JSpc
 1    address, and telephone number of any furnisher of information
 2    contacted  or  that  contacted  the consumer credit reporting
 3    agency in connection with the reinsertion, (3) the  toll-free
 4    telephone number of the consumer credit reporting agency that
 5    the  consumer  can  use  to  obtain  this  name, address, and
 6    telephone number, and (4) a notice that the consumer has  the
 7    right  to  a reinvestigation of the information reinserted by
 8    the consumer credit reporting agency and to add  a  statement
 9    to  his or her file disputing the accuracy or completeness of
10    the information.
11        (d)  A consumer credit  reporting  agency  shall  provide
12    written  notice  to  the  consumer  of  the  results  of  any
13    reinvestigation  under  this  subsection,  within  5  days of
14    completion of the reinvestigation.  The notice shall  include
15    (1)  a statement that the reinvestigation is completed, (2) a
16    consumer credit report that is based on the  consumer's  file
17    as  that  file is revised as a result of the reinvestigation,
18    (3) a description or indication of any changes  made  in  the
19    consumer  credit report as a result of those revisions to the
20    consumer's file and a description  of  any  changes  made  or
21    sought  by the consumer that were not made and an explanation
22    why they were not made, (4) a notice that,  if  requested  by
23    the   consumer,  a  description  of  the  procedure  used  to
24    determine the accuracy and completeness  of  the  information
25    shall  be  provided  to  the  consumer by the consumer credit
26    reporting agency, including the name, business  address,  and
27    telephone number of any furnisher of information contacted in
28    connection  with  that  information,  (5)  a  notice that the
29    consumer has the right to add a statement to  the  consumer's
30    file   disputing   the   accuracy   or  completeness  of  the
31    information, (6) a notice that the consumer has the right  to
32    request  that  the  consumer  credit reporting agency furnish
33    notifications under subsection (h), (7)  a  notice  that  the
34    dispute  will  remain  on file with the agency as long as the
 
                            -26-               LRB9204199JSpc
 1    credit information is used, and (8)  a  statement  about  the
 2    details  of the dispute will be furnished to any recipient as
 3    long as the credit information is retained  in  the  agency's
 4    data  base.  A consumer credit reporting agency shall provide
 5    the  notice  pursuant  to  this  subsection  respecting   the
 6    procedure  used to determine the accuracy and completeness of
 7    information, not later than 15 days after receiving a request
 8    from the consumer.
 9        (e)  The presence of information in the  consumer's  file
10    that contradicts the contention of the consumer shall not, in
11    and  of  itself,  constitute reasonable grounds for believing
12    the dispute is frivolous or irrelevant.
13        (f)  If the consumer credit reporting  agency  determines
14    that  the  dispute  is  frivolous  or  irrelevant,  or if the
15    reinvestigation does not  resolve  the  dispute,  or  if  the
16    information  is  reinserted into the consumer's file pursuant
17    to subsection (c), the consumer may file  a  brief  statement
18    setting forth the nature of the dispute.  The consumer credit
19    reporting  agency may limit these statements to not more than
20    100 words if it provides  the  consumer  with  assistance  in
21    writing a clear summary of the dispute.
22        (g)  Whenever  a  statement  of  dispute  is  filed,  the
23    consumer  credit  reporting  agency  shall, in any subsequent
24    consumer  credit  report  containing   the   information   in
25    question,  clearly  note  that the information is disputed by
26    the consumer and shall  include  in  the  report  either  the
27    consumer's statement or a clear and accurate summary thereof.
28        (h)  Following   the   deletion  of  information  from  a
29    consumer's file pursuant to this Section,  or  following  the
30    filing  of a statement of dispute pursuant to subsection (f),
31    the consumer credit reporting agency, at the request  of  the
32    consumer,   shall  furnish  notification  that  the  item  of
33    information has been deleted or that the item of  information
34    is  disputed.   In  the  case  of  disputed  information, the
 
                            -27-               LRB9204199JSpc
 1    notification shall include the statement or  summary  of  the
 2    dispute  filed pursuant to subsection (f).  This notification
 3    shall be furnished to any person designated by  the  consumer
 4    who  has,  within 2 years prior to the deletion or the filing
 5    of the dispute, received a consumer credit report  concerning
 6    the  consumer  for employment purposes, or who has, within 12
 7    months of the deletion or the filing of the dispute, received
 8    a consumer credit report  concerning  the  consumer  for  any
 9    other purpose, if these consumer credit reports contained the
10    deleted   or   disputed   information.  The  consumer  credit
11    reporting agency shall clearly and conspicuously disclose  to
12    the  consumer  his  or  her rights to make a request for this
13    notification.  The disclosure shall be made at  or  prior  to
14    the  time the information is deleted pursuant to this Section
15    or  the   consumer's   statement   regarding   the   disputed
16    information is received pursuant to subsection (f).
17        (i)  A  consumer  credit  reporting agency shall maintain
18    reasonable  procedures  to  prevent  the  reappearance  in  a
19    consumer's file and in consumer credit reports of information
20    that has been  deleted  pursuant  to  this  Section  and  not
21    reinserted pursuant to subsection (c).
22        (j)  If the consumer's dispute is resolved by deletion of
23    the  disputed  information  within 3 business days, beginning
24    with the day the consumer credit  reporting  agency  receives
25    notice  of the dispute in accordance with subsection (a), and
26    provided  that  verification  thereof  is  provided  to   the
27    consumer  in  writing  within  5  business days following the
28    deletion, then the consumer credit reporting agency shall  be
29    exempt from requirements for further action under subsections
30    (d), (f), and (g).
31        (k)  Any  provision  in  a  contract  that  prohibits the
32    disclosure of a  credit  score  by  a  person  who  makes  or
33    arranges loans or a consumer credit reporting agency is void.
34    A  lender  shall  not  have  liability  under any contractual
 
                            -28-               LRB9204199JSpc
 1    provision for disclosure of a credit score.

 2        Section 70.  Fees.
 3        (a)  Except as  otherwise  provided,  a  consumer  credit
 4    reporting  agency  may  impose  a  reasonable  charge  upon a
 5    consumer, as follows:
 6             (1)  For making a disclosure pursuant to Section  25
 7        or  50, the consumer credit reporting agency may charge a
 8        fee not exceeding $8.
 9             (2)  For furnishing a  notification,  statement,  or
10        summary,  to  any  person  pursuant  to subsection (h) of
11        Section 65, the  consumer  credit  reporting  agency  may
12        charge  a  fee  not  exceeding  the  charge that it would
13        impose on each designated recipient for a consumer credit
14        report, and the amount of the charge shall  be  indicated
15        to  the  consumer  before  furnishing  the  notification,
16        statement, or summary.
17        (b)  A  consumer  credit  reporting agency shall make all
18    disclosures pursuant to Sections 25 and 50  and  furnish  all
19    consumer  reports  pursuant to  Section 65 without charge, if
20    requested by the consumer within 60 days after receipt by the
21    consumer of a notification  of  adverse  action  pursuant  to
22    Section 90 or of a notification from a debt collection agency
23    affiliated  with the consumer credit reporting agency stating
24    that  the  consumer's  credit  rating  may  be  or  has  been
25    adversely affected.
26        (c)  A consumer credit reporting agency shall not  impose
27    any  charge  for  (1) providing notice to a consumer required
28    under Section 65  or  (2)  notifying  a  person  pursuant  to
29    subsection   (h)  of  Section  65  of  the  deletion  of  any
30    information which is found to be inaccurate or which  can  no
31    longer be verified, if the consumer designates that person to
32    the  consumer  credit  reporting agency before the end of the
33    30-day  period  beginning  on  that  date  of  notice   under
 
                            -29-               LRB9204199JSpc
 1    subsection (d) of Section 65.

 2        Section 75.  Disclosure of sources.
 3        (a)  A consumer credit reporting agency that compiles and
 4    reports  items  of information concerning consumers which are
 5    matters  of  public  record  shall  specify  in  any   report
 6    containing  public  record  information the source from which
 7    that  information  was  obtained,  including  the  particular
 8    court, if there be such, and the date that   the  information
 9    was initially reported or publicized.
10        (b)  A  consumer credit reporting agency that furnishes a
11    consumer credit report for employment purposes, and which for
12    that purpose compiles and reports  items  of  information  on
13    consumers  which  are matters of public record and are likely
14    to have an adverse effect upon a consumer's ability to obtain
15    employment shall, in  addition,  maintain  strict  procedures
16    designed  to  ensure that, whenever public record information
17    that is likely to have an  adverse  effect  on  a  consumer's
18    ability  to obtain employment is reported, it is complete and
19    up to date.  For purposes of this subsection, items of public
20    record relating to arrests, indictments, convictions,  suits,
21    tax  liens,  and outstanding judgments shall be considered up
22    to date if the current public record status of  the  item  at
23    the time of the report is reported.
24        (c)  No consumer credit reporting agency that furnishes a
25    consumer  credit  report for employment purposes shall report
26    information on the age, marital status, race, color, or creed
27    of any consumer.

28        Section 80.  Civil remedies.
29        (a)  In addition to any other remedy provided by  law,  a
30    consumer  may  bring  an  action  for a civil penalty, not to
31    exceed $2,500, against any of the following:
32             (1)  A person who knowingly  and  willfully  obtains
 
                            -30-               LRB9204199JSpc
 1        access to a file other than as provided in Section 30.
 2             (2)  A  person  who  knowingly and willfully obtains
 3        data from a file other than as provided in Section 30.
 4             (3)  A person who uses the data received from a file
 5        in a manner contrary to an agreement  with  the  consumer
 6        credit reporting agency.
 7        The  action  may  also be brought by the person or entity
 8    responsible  for  the  file  accessed.   This  remedy  is  in
 9    addition to any other remedy that may exist.
10        (b)  If  a  plaintiff  prevails  in   an   action   under
11    subsection  (a) he or she shall be awarded the civil penalty,
12    costs, and reasonable attorney fees.

13        Section 85.  Prevention of disclosure of information  for
14    marketing  purposes. A consumer credit reporting agency, upon
15    written   request   and   the   furnishing   of    sufficient
16    identification to identify the consumer and the subject file,
17    shall  create  reasonable  procedures  to  prevent a consumer
18    credit report or information  from  a  consumer's  file  from
19    being  provided  to any third party for marketing purposes or
20    for any offer of credit not requested by the consumer.   This
21    Section  does not apply to the use of information by a credit
22    grantor  for  purposes  related   to   an   existing   credit
23    relationship.

24        Section    90.  Action   against   consumer;   disclosure
25    required.
26        (a)  If a person takes any adverse action with respect to
27    any consumer, and the adverse action is based, in whole or in
28    part, on any  information  contained  in  a  consumer  credit
29    report, that person shall do all of the following:
30             (1)  Provide written notice of the adverse action to
31        the consumer.
32             (2)  Provide  the  consumer  with the name, address,
 
                            -31-               LRB9204199JSpc
 1        and telephone number of  the  consumer  credit  reporting
 2        agency that furnished the report to the person.
 3             (3)  Provide  a  statement that the credit grantor's
 4        decision to take adverse action was based in whole or  in
 5        part  upon  information  contained  in  a consumer credit
 6        report.
 7             (4)  Provide the consumer with a written  notice  of
 8        the following rights of the consumer:
 9                  (A)  The right of the consumer to obtain within
10             60  days  a  free  copy  of  the consumer's consumer
11             credit report from  the  consumer  credit  reporting
12             agency identified pursuant to paragraph (2) and from
13             any  other  consumer  credit  reporting  agency that
14             compiles and  maintains  files  on  consumers  on  a
15             nationwide basis.
16                  (B)  The right of the consumer under Section 65
17             to  dispute  the  accuracy  or  completeness  of any
18             information in a consumer credit report furnished by
19             the consumer credit reporting agency.
20        (b)  Whenever credit or insurance for  personal,  family,
21    or  household  purposes involving a consumer is denied or the
22    charge for that credit is increased either wholly or in  part
23    because  of  information  obtained from a person other than a
24    consumer credit  reporting  agency  bearing  upon  consumer's
25    credit  worthiness  or  credit  standing,  the  user  of that
26    information shall, within a reasonable period  of  time,  and
27    upon  the consumer's written request for the reasons for that
28    adverse action received within 60 days after learning of  the
29    adverse  action,  disclose  the  nature  and substance of the
30    information to the consumer.  The  user  of  the  information
31    shall  clearly and accurately disclose to the consumer his or
32    her right to make such a written  request  at  the  time  the
33    adverse action is communicated to the consumer.
34        (c)  No  person shall be held liable for any violation of
 
                            -32-               LRB9204199JSpc
 1    this Section if he or she shows by  a  preponderance  of  the
 2    evidence  that at the time of the alleged violation he or she
 3    maintained reasonable procedures to  assure  compliance  with
 4    this Section.

 5        Section  95.  Disclosures  in connection with unsolicited
 6    firm offers of credit.
 7        (a)  Except as provided in subsection (b), a  person  who
 8    uses  a  consumer credit report in connection with any credit
 9    transaction not initiated by the consumer and  that  consists
10    of a firm offer of credit shall provide with any solicitation
11    made  to the consumer a clear and conspicuous statement as to
12    all of the following:
13             (1)  Information   contained   in   the   consumer's
14        prequalifying report was  used  in  connection  with  the
15        transaction.
16             (2)  The  consumer  received  the  offer  of  credit
17        because   the   consumer   satisfied   the  criteria  for
18        creditworthiness under which the  consumer  was  selected
19        for the offer.
20             (3)  Where   applicable,   the  credit  may  not  be
21        extended if, after the consumer responds  to  the  offer,
22        the  consumer  does  not meet the criteria used to select
23        the consumer for the offer.
24             (4)  The consumer has a right  to  prohibit  use  of
25        information  contained  in  the  consumer's file with any
26        consumer credit reporting agency in connection  with  any
27        credit transaction that is not initiated by the consumer.
28        The  consumer  may  exercise  this right by notifying the
29        notification  system   or   joint   notification   system
30        established under subsection (d) or (e) of Section 30.
31        (b)  Subsection  (a) does not apply to any person using a
32    prequalifying report if all of the following  conditions  are
33    met:
 
                            -33-               LRB9204199JSpc
 1             (1)  The  person  using  the prequalifying report is
 2        affiliated  by  common  ownership  or  common   corporate
 3        control with the person who procured the report.
 4             (2)  The   person  who  procures  the  prequalifying
 5        report from the consumer credit reporting agency  clearly
 6        and  conspicuously  discloses to the consumer to whom the
 7        report  relates,  before  the  prequalifying  report   is
 8        provided  to  the  person  who  uses the report, that the
 9        prequalifying report might be provided to, and  used  by,
10        persons  affiliated  in the manner specified in paragraph
11        (1) with the person that procured the report.
12             (3)  The  consumer  consents  in  writing  to   this
13        provision and use of the prequalifying report.
14        (c)  A  person  may  not be denied credit on the basis of
15    the  consumer's  refusal  to  provide  consent  pursuant   to
16    paragraph  (3)  of  subsection  (b),  unless  that consent is
17    necessary for  the  extension  of  credit,  related  to  that
18    transaction, by an affiliate.

19        Section  100.  Use  of  credit  scores in connection with
20    loans.
21        (a)  A person who makes or arranges loans and who uses  a
22    consumer  credit score as defined in Section 55 in connection
23    with an application initiated or sought by a consumer  for  a
24    closed  end  loan  or establishment of an open end loan for a
25    consumer purpose that  is  secured  by  one  to  4  units  of
26    residential  real  property  shall provide to the consumer as
27    soon as reasonably practicable  a  copy  of  the  information
28    identified  in subsection (a) of Section 55 that was obtained
29    from a credit reporting agency or was developed and  used  by
30    the  user of the information.  In addition to the information
31    provided to it by a third  party  that  provided  the  credit
32    score  or  scores,  a  lender is only required to provide the
33    notice contained in subsection (d).
 
                            -34-               LRB9204199JSpc
 1        (b)  If a person who is subject to this Section  uses  an
 2    automated  underwriting  system  to  underwrite  a loan, that
 3    person may satisfy the obligation to provide a  credit  score
 4    by  disclosing  a  credit  score  and  associated key factors
 5    supplied by a consumer credit reporting agency.  However,  if
 6    a  numerical  credit  score  is  generated  by  an  automated
 7    underwriting  system used by an enterprise, and that score is
 8    disclosed to  the  person,  it  shall  be  disclosed  to  the
 9    consumer  consistent  with  subsection  (c).  For purposes of
10    this subsection, the term "enterprise" shall have the meaning
11    provided in paragraph (6) of Section 4502 of Title 12 of  the
12    United States Code.
13        (c)  A  person  subject to the provisions of this Section
14    who uses a credit score other than a credit score provided by
15    a consumer reporting agency may  satisfy  the  obligation  to
16    provide  a  credit  score  by  disclosing  a credit score and
17    associated  key  factors  supplied  by  a   consumer   credit
18    reporting agency.
19        (d)  A  copy  of  the  following notice shall include the
20    name, address, and telephone number  of  each  credit  bureau
21    providing a credit score that was used:

22                 "NOTICE TO THE HOME LOAN APPLICANT
23        In  connection with your application for a home loan, the
24    lender must disclose to you the score that  a  credit  bureau
25    distributed  to  users and the lender used in connection with
26    your home loan, and the key  factors  affecting  your  credit
27    scores.
28        The   credit   score  is  a  computer  generated  summary
29    calculated  at  the  time  of  the  request  and   based   on
30    information  a  credit  bureau  or  lender  has on file.  The
31    scores are based  on  data  about  your  credit  history  and
32    payment  patterns.   Credit scores are important because they
33    are used to assist the lender in determining whether you will
34    obtain a loan.  They may  also  be  used  to  determine  what
 
                            -35-               LRB9204199JSpc
 1    interest  rate  you  may  be offered on the mortgage.  Credit
 2    scores can change over time, depending on your  conduct,  how
 3    your  credit  history  and  payment  patterns change, and how
 4    credit scoring technologies change.
 5        Because the score is based on information in your  credit
 6    history,   it   is   very   important  that  you  review  the
 7    credit-related information that is being  furnished  to  make
 8    sure  it  is  accurate.   Credit  records  may  vary from one
 9    company to another.
10        If you have questions about  your  credit  score  or  the
11    credit  information  that  is  furnished  to you, contact the
12    credit bureau at the address and  telephone  number  provided
13    with  this  notice,  or  contact  the  lender,  if the lender
14    developed or generated the credit score.  The  credit  bureau
15    plays  no part in the decision to take any action on the loan
16    application and  is  unable  to  provide  you  with  specific
17    reasons for the decision on a loan application.
18        If  you  have questions concerning the terms of the loan,
19    contact the lender.".
20        (e)  This Section does not require any person to  do  the
21    following:
22             (1)  explain  the  information  provided pursuant to
23        Section 55;
24             (2)  disclose any information other  than  a  credit
25        score or key factor, as defined in Section 55;
26             (3)  disclose    any   credit   score   or   related
27        information obtained by the user after a loan has closed;
28             (4)  provide  more  than  one  disclosure  per  loan
29        transaction; or
30             (5)  provide the disclosure required by this Section
31        when another  person  has  made  the  disclosure  to  the
32        consumer for that loan transaction.
33        (f)  Any  person's  obligation  pursuant  to this Section
34    shall  be  limited  solely  to  providing  a  copy   of   the
 
                            -36-               LRB9204199JSpc
 1    information  that  was  received  from  the  consumer  credit
 2    reporting agency.  No person has liability under this Section
 3    for  the  content  of that information or for the omission of
 4    any information within the report provided  by  the  consumer
 5    credit reporting agency.
 6        (g)  As  used in this Section, the term "person" does not
 7    include an  "enterprise"  as  defined  in  paragraph  (6)  of
 8    Section 4502 of Title 12 of the United States Code.

 9        Section   105.  Use   of  credit  report  for  employment
10    purposes; notice.
11        (a)  Prior to requesting a  consumer  credit  report  for
12    employment  purposes,  the  user  of the report shall provide
13    written notice to the  person  involved.   The  notice  shall
14    inform  the  person that a report will be used and the source
15    of the report, and shall contain a box that  the  person  may
16    check  off  to  receive  a copy of the credit report.  If the
17    consumer indicates that he or she wishes to receive a copy of
18    the report, the user shall request that a copy be provided to
19    the person when the user requests its copy  from  the  credit
20    reporting  agency.  The report to the user and to the subject
21    person shall be provided contemporaneously and at  no  charge
22    to the subject person.
23        (b)  Whenever  employment  involving a consumer is denied
24    either wholly or partly because of information contained in a
25    consumer credit  report  from  a  consumer  credit  reporting
26    agency,  the  user  of  the  consumer  credit report shall so
27    advise the consumer against whom the adverse action has  been
28    taken  and  supply  the  name and address or addresses of the
29    consumer credit reporting agency making the report. No person
30    shall be held liable for any violation of this Section if  he
31    or  she shows by a preponderance of the evidence that, at the
32    time  of  the  alleged  violation,  he  or   she   maintained
33    reasonable procedures to assure compliance with this Section.
 
                            -37-               LRB9204199JSpc
 1        Section 110.  Use of credit reporting agency; disclosure.
 2        (a)  A  user  in  its  discretion may notify the consumer
 3    that upon request the user may contact  the  consumer  credit
 4    reporting   agency  and  request  that  the  consumer  credit
 5    reporting agency investigate the current status of an item or
 6    items of information contained in the consumer report if  the
 7    consumer  disputes the completeness or accuracy of an item or
 8    items of information as provided to the user.
 9        (b)  The consumer credit  reporting  agency  may  require
10    identification  from  the  user to insure the validity of the
11    request and, in that regard, may require that the request  be
12    put in writing with proper identification.
13        (c)  In  the  event  that  any  such  request is made and
14    identification given in the form or manner  demanded  by  the
15    consumer  credit  reporting  agency, such agency shall review
16    the file of the consumer and report the current status of the
17    disputed information to the user and the consumer by the most
18    expeditious means possible.
19        (d)  A user who furnishes information  pursuant  to  this
20    Section  shall not be liable to any person for furnishing the
21    information.

22        Section 115.  Resale of information in credit reports.
23        (a)  A person may not procure a  consumer  credit  report
24    for  the  purpose  of reselling the report or any information
25    therein unless the person discloses to  the  consumer  credit
26    reporting  agency which issues the report the identity of the
27    ultimate end user and each permissible purpose for which  the
28    report  is  furnished  to the end user of the consumer credit
29    report or information therein.
30        (b)  A person that procures a consumer credit report  for
31    the  purpose  of  reselling  the  report  or  any information
32    therein shall do all of the following:
33             (1)  Establish and comply with reasonable procedures
 
                            -38-               LRB9204199JSpc
 1        designed to ensure that the  consumer  credit  report  or
 2        information  is  resold  by the person only for a purpose
 3        for which the report may be  furnished  under  this  Act.
 4        These procedures shall include all of the following:
 5                  (A)  Identification of each prospective user of
 6             the resold consumer credit report or information.
 7                  (B)  Certification  of  each  purpose for which
 8             the consumer credit report or  information  will  be
 9             used.
10                  (C)  Certification  that  the  consumer  credit
11             report  or  information  will  be  used for no other
12             purpose.
13             (2)  Before reselling the consumer credit report  or
14        information,  the person shall make reasonable efforts to
15        verify  the  identities  and  certifications  made  under
16        paragraph (1).

17        Section 120.  Inaccurate information.
18        (a)  A person shall not furnish information on a specific
19    transaction or experience to any  consumer  credit  reporting
20    agency  if the person knows or should know the information is
21    incomplete or inaccurate.
22        (b)  A person who (1) in the ordinary course of  business
23    regularly and on a routine basis furnishes information to one
24    or more consumer credit reporting agencies about the person's
25    own  transactions  or  experiences with one or more consumers
26    and (2) determines that information on a specific transaction
27    or experience so provided  to  a  consumer  credit  reporting
28    agency is not complete or accurate, shall promptly notify the
29    consumer  credit  reporting  agency of that determination and
30    provide  to  the  consumer  credit   reporting   agency   any
31    corrections   to   that   information,   or   any  additional
32    information,  that  is  necessary  to  make  the  information
33    provided by the  person  to  the  consumer  credit  reporting
 
                            -39-               LRB9204199JSpc
 1    agency complete and accurate.
 2        (c)  So  long  as  the  completeness  or  accuracy of any
 3    information on a specific transaction or experience furnished
 4    by any person  to  a  consumer  credit  reporting  agency  is
 5    subject to a continuing dispute between the affected consumer
 6    and  that  person, the person may not furnish the information
 7    to  any  consumer  credit  reporting  agency   without   also
 8    including  a  notice  that the information is disputed by the
 9    consumer.
10        (d)  A person who regularly furnishes  information  to  a
11    consumer credit reporting agency regarding a consumer who has
12    an  open-end  credit  account  with that person, and which is
13    closed by the consumer,  shall  notify  the  consumer  credit
14    reporting  agency  of  the  closure  of  that  account by the
15    consumer, in the  information  regularly  furnished  for  the
16    period in which the account is closed.
17        (e)  A   person  who  places  a  delinquent  account  for
18    collection (internally or by  referral  to  a  third  party),
19    charges  the  delinquent  account to profit or loss, or takes
20    similar action, and subsequently furnishes information  to  a
21    credit  reporting agency regarding that action, shall include
22    within the information furnished the approximate commencement
23    date of the delinquency  which  gave  rise  to  that  action,
24    unless  that  date  was  previously  reported  to  the credit
25    reporting agency.  Nothing in this  provision  shall  require
26    that  a  delinquency  must  be reported to a credit reporting
27    agency.
28        (f)  Upon receiving notice of a dispute noticed  pursuant
29    to   subsection   (a)  of  Section  65  with  regard  to  the
30    completeness or accuracy of any  information  provided  to  a
31    consumer  credit  reporting  agency, the person that provided
32    the information shall  (1)  complete  an  investigation  with
33    respect  to  the  disputed  information  and  report  to  the
34    consumer   credit   reporting  agency  the  results  of  that
 
                            -40-               LRB9204199JSpc
 1    investigation before the end of  the  30-business-day  period
 2    beginning  on  the  date the consumer credit reporting agency
 3    receives  the  notice  of  dispute  from  the   consumer   in
 4    accordance  with  subsection (a) of Section 65 and (2) review
 5    relevant information submitted to it.
 6        (g)  A person who furnishes  information  to  a  consumer
 7    credit  reporting agency is liable for failure to comply with
 8    this  Section,  unless  the  furnisher   establishes   by   a
 9    preponderance  of  the  evidence  that,  at  the  time of the
10    failure to comply with this Section, the furnisher maintained
11    reasonable procedures to comply with those provisions.

12        Section 125.  Submission of negative credit information.
13        (a)  As used in this Section:
14             (1)  "Creditor" includes an agent or assignee  of  a
15        creditor,  including an agent engaged in administering or
16        collecting the creditor's accounts.
17             (2)  "Negative credit information" means information
18        concerning the credit history of a consumer that, because
19        of the consumer's past delinquencies, late  or  irregular
20        payment  history,  insolvency,  or  any  form of default,
21        would reasonably be  expected  to  affect  adversely  the
22        consumer's   ability   to   obtain  or  maintain  credit.
23        "Negative   credit   information"   does   not    include
24        information   or   credit   histories   arising   from  a
25        nonconsumer transaction or any other  credit  transaction
26        outside  the  scope  of  this  Act,  nor  does it include
27        inquiries about a consumer's credit record.
28        (b)  A creditor may submit  negative  credit  information
29    concerning  a consumer to a consumer credit reporting agency,
30    only if the creditor notifies the consumer  affected.   After
31    providing  this  notice,  a  creditor  may  submit additional
32    information to a credit reporting agency respecting the  same
33    transaction  or  extension  of  credit  that gave rise to the
 
                            -41-               LRB9204199JSpc
 1    original  negative  credit  information   without   providing
 2    additional notice.
 3        (c)  The   notice  shall  be  in  writing  and  shall  be
 4    delivered in person or mailed first class,  postage  prepaid,
 5    to the party's last known address, prior to or within 30 days
 6    after the transmission of the negative credit information.
 7             (1)  The  notice  may  be  part  of  any  notice  of
 8        default,  billing statement, or other correspondence, and
 9        may be included as preprinted or standard  form  language
10        in any of these from the creditor to the consumer.
11             (2)  The   notice   is   sufficient   if  it  is  in
12        substantially the following form:
13        "As required by law,  you  are  hereby  notified  that  a
14    negative  credit  report reflecting on your credit record may
15    be submitted to a credit reporting  agency  if  you  fail  to
16    fulfill the terms of your credit obligations.".
17             (3)  The  notice  may, in the creditor's discretion,
18        be more specific than the form given  in  paragraph  (2).
19        The  notice  may  include,  but  shall not be limited to,
20        particular   information   regarding   an   account    or
21        information  respecting the approximate date on which the
22        creditor submitted or intends to submit a negative credit
23        report.
24             (4)  The giving of notice by a creditor as  provided
25        in  this  subsection  does not create any requirement for
26        the  creditor  to   actually   submit   negative   credit
27        information   to  a  consumer  credit  reporting  agency.
28        However, this Section shall not be construed to authorize
29        the use of notice  as  provided  in  this  subsection  in
30        violation  of  the federal Fair Debt Collection Practices
31        Act (15 U.S.C., Sec. 1592 et seq.).
32        (d)  A creditor is liable for failure to  provide  notice
33    pursuant to this Section, unless the creditor establishes, by
34    a  preponderance  of  the  evidence, that at the time of that
 
                            -42-               LRB9204199JSpc
 1    failure to give notice  the  creditor  maintained  reasonable
 2    procedures to comply with this Section.

 3        Section   130.  Requests  to  correct  information.  Upon
 4    notification of the results of a  consumer  credit  reporting
 5    agency's  reinvestigation  pursuant to Section 65, a consumer
 6    may  make  a  written  demand  on   any   person   furnishing
 7    information  to  the  consumer  credit  reporting  agency  to
 8    correct  any  information  which  the consumer believes to be
 9    inaccurate.  The person upon whom the written demand is  made
10    shall  acknowledge  the  demand within 30 days.  The consumer
11    may require the consumer credit reporting agency to  indicate
12    on  any subsequent reports issued during the dispute that the
13    item or  items  of  information  are  in  dispute.   If  upon
14    investigation  the  information  is found to be inaccurate or
15    incorrect, the  consumer  may  require  the  consumer  credit
16    reporting  agency  to  delete or correct the item or items of
17    information within a reasonable time.  If within 90 days  the
18    consumer   credit  reporting  agency  does  not  receive  any
19    information from the person requested to furnish the same  or
20    any  communication  relative  to  this  information from this
21    person, the consumer credit reporting agency shall delete the
22    information from the report.

23        Section 135.  Damages.
24        (a)  A consumer who suffers damages  as  a  result  of  a
25    violation  of this Act by any person may bring an action in a
26    court of appropriate  jurisdiction  against  that  person  to
27    recover the following:
28             (1)  In  the  case  of a negligent violation, actual
29        damages, including court costs, loss of wages, attorney's
30        fees and, when applicable, pain and suffering.
31             (2)  In the case of a willful violation:
32                  (A)  actual damages as set forth  in  paragraph
 
                            -43-               LRB9204199JSpc
 1             (1);
 2                  (B)  punitive damages of not less than $100 nor
 3             more  than  $5,000  for  each violation as the court
 4             deems proper; and
 5                  (C)  any other  relief  that  the  court  deems
 6             proper.
 7             (3)  In  the  case  of liability of a natural person
 8        for  obtaining  a  consumer  credit  report  under  false
 9        pretenses or knowingly without a permissible purpose,  an
10        award  of  actual  damages  pursuant  to paragraph (1) or
11        subparagraph (A) of paragraph (2) shall be in  an  amount
12        of not less than $2,500.
13        (b)  Injunctive relief shall be available to any consumer
14    aggrieved  by  a  violation or a threatened violation of this
15    Act whether or not the consumer seeks any other remedy  under
16    this Section.
17        (c)  Notwithstanding any other provision of this Section,
18    any  person  who  willfully  violates any requirement imposed
19    under this Act may be liable for punitive damages in the case
20    of a class action, in an amount that the court may allow.  In
21    determining the amount of award  in  any  class  action,  the
22    court shall consider among relevant factors the amount of any
23    actual  damages awarded, the frequency of the violations, the
24    resources of the violator and the number of persons adversely
25    affected.
26        (d)  Except as provided in subsection (e), the prevailing
27    plaintiffs in any action commenced under this  Section  shall
28    be  entitled to recover court costs and reasonable attorney's
29    fees.
30        (e)  If a plaintiff brings an  action  pursuant  to  this
31    Section against a debt collector and the basis for the action
32    is  related  to  the  collection  of  a  debt, whether issues
33    relating to the debt collection are raised  in  the  same  or
34    another  proceeding,  the debt collector shall be entitled to
 
                            -44-               LRB9204199JSpc
 1    recover reasonable attorney's fees  upon  a  finding  by  the
 2    court that the action was not brought in good faith.

 3        Section  140.  Limitation  of defamation actions.  Except
 4    as provided in Section 135, a  consumer  may  not  bring  any
 5    action or proceeding in the nature of defamation, invasion of
 6    privacy,  or  negligence  with  respect  to  the reporting of
 7    information against a consumer  credit  reporting  agency,  a
 8    user of information, or a person who furnishes information to
 9    a  consumer  credit  reporting  agency,  based on information
10    disclosed pursuant to Section 25, 50,  or  90  of  this  Act,
11    except  as  to  false  information  furnished  with malice or
12    willful intent to injure the consumer.

13        Section 145.  Time within which actions  must  be  filed.
14    An action to enforce any liability created under this Act may
15    be brought in any appropriate court of competent jurisdiction
16    within 2 years from the date the plaintiff knew of, or should
17    have known of, the violation of this Act, but not more than 7
18    years  from  the  earliest date on which liability could have
19    arisen, except that where  a  defendant  has  materially  and
20    willfully  misrepresented any information required under this
21    Act to be disclosed to a  consumer  and  the  information  so
22    misrepresented  is  material  to  the  establishment  of  the
23    defendant's  liability  to  the  consumer under this Act, the
24    action may be brought at any time within 2  years  after  the
25    discovery by the consumer of the misrepresentation.

26        Section 150.  Prohibition of duplicate actions.
27        (a)  A  consumer  credit  reporting  agency  or  user  of
28    information  against  whom  an  action  brought  pursuant  to
29    Section  1681n or 1681o of Title 15 of the United States Code
30    is pending shall not be subject to suit for the same  act  or
31    omission under Section 135.
 
                            -45-               LRB9204199JSpc
 1        (b)  The  entry  of  a  final judgment against a consumer
 2    credit reporting agency or user of information in  an  action
 3    brought  pursuant to the provisions of Section 1681n or 1681o
 4    of Title 15 of the United States Code shall be a bar  to  the
 5    maintenance  of  any action based on the same act or omission
 6    which might be brought under this Act.

 7        Section 155.  Inapplicability of Act. This Act  does  not
 8    apply  to  a  consumer  credit  report  that  by its terms is
 9    limited to disclosures from public records relating  to  land
10    and  land titles and does not apply to a person whose records
11    and files are maintained for the primary purpose of reporting
12    those portions of the public records that impart constructive
13    notice under the law of matters relating  to  land  and  land
14    titles.

[ Top ]