BillCam

Consumer Credit

Number	Legislature	Summary	Subjects
HB-1097	Federal	Unsubscribe Act of 2017 This bill prohibits a negative option agreement from being entered on the Internet with consumers unless it provides the consumers a mechanism to cancel in the same manner, and by the same means, in which the agreement was entered. The bill defines a "negative option agreement" as: an automatic renewal contract that is automatically renewed after an initial fixed period, unless the consumer instructs otherwise; a continuity plan contract under which the consumer agrees to incur charges in exchange for periodic shipments of goods or the provision of services, unless the consumer instructs otherwise; a "free-to-pay conversion contract" under which, for an introductory period, the consumer receives a good or service at no charge or for a nominal charge, and then after the introductory period, the consumer is charged, or is charged an increased amount, for the good or service; or a "pre-notification negative option plan contract" under which the consumer receives periodic notices offering goods and, unless the consumer specifically rejects the offer, the consumer automatically receives the goods and incurs a charge for such goods. For free-to-pay conversion contracts entered into on the Internet, the consumer's consent must be obtained: (1) before obtaining the consumer's billing information after notice is provided of the terms of the contract, and (2) before the initial charge or initial increase after the introductory period through a requirement that the consumer perform an additional affirmative action (e.g., clicking on a confirmation button) indicating consent to be charged the amount disclosed. After the introductory period in such a free-to-pay conversion contract, and on a quarterly basis while the contract remains in effect, the consumer must be provided with a copy of the notification of the terms of the contract. In automatic renewal contracts, the consumer must be: (1) notified of the terms of the contract not later than 30 days before the end of the initial fixed period in the contract, and (2) provided a copy of the notification after the initial fixed period and on quarterly basis while the contract remains in effect. The Federal Trade Commission and states are provided authority to enforce against violations of this bill. Violations shall be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. Democrat: 100% (5) 100% Democrat support	Commerce Consumer Credit Contracts And Agency Bank Accounts, Deposits, Capital Civil Actions And Liability Consumer Affairs Internet And Video Services
HJR-73	Federal	Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to prepaid accounts under the Electronic Fund Transfer Act and the Truth in Lending Act. This joint resolution nullifies the rule finalized by the Consumer Financial Protection Bureau on November 22, 2016, relating to prepaid accounts under the Electronic Fund Transfer Act and the Truth in Lending Act. The rule establishes various consumer protections with respect to prepaid accounts. Republican: 100% (46) 100% Republican support	Finance And Financial Sector Administrative Law And Regulatory Procedures Bank Accounts, Deposits, Capital Congressional Oversight Consumer Financial Protection Bureau Consumer Credit
S.370	Federal	Repeal CFPB Act This bill repeals the Consumer Financial Protection Act of 2010, which established the Consumer Financial Protection Bureau. Republican: 100% (8) 100% Republican support	Finance And Financial Sector Banking And Financial Institutions Regulation Consumer Financial Protection Bureau Consumer Affairs Consumer Credit Executive Agency Funding And Structure
HB-1031	Federal	To eliminate the Bureau of Consumer Financial Protection by repealing title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, commonly known as the Consumer Financial Protection Act of 2010. This bill repeals the Consumer Financial Protection Act of 2010, which established the Consumer Financial Protection Bureau. Republican: 100% (31) 100% Republican support	Finance And Financial Sector Banking And Financial Institutions Regulation Consumer Financial Protection Bureau Consumer Affairs Consumer Credit Executive Agency Funding And Structure
S.365	Federal	A bill to amend the Consumer Financial Protection Act of 2010 to remove the funding cap relating to the transfer of funds from the Board of Governors of the Federal Reserve System to the Bureau of Consumer Financial Protection, and for other purposes. This bill amends the Consumer Financial Protection Act of 2010 to eliminate funding for the Consumer Financial Protection Bureau (CFPB). Under current law, amounts from civil penalties obtained by the CFPB must be used for payments to the victims of the activities for which the civil penalties were imposed; to the extent that such payments are impracticable, the CFPB may instead use those amounts for the purpose of consumer education and financial literacy programs. The bill eliminates these requirements and instead specifies that such amounts must be credited to the Treasury. Republican: 100% (2) 100% Republican support	Finance And Financial Sector Banking And Financial Institutions Regulation Civil Actions And Liability Consumer Financial Protection Bureau Consumer Credit Executive Agency Funding And Structure Federal Reserve System Government Trust Funds
HB-1018	Federal	CFPB Constitutional Reform Act of 2017 This bill amends the Consumer Financial Protection Act of 2010 to revise the leadership structure of the Consumer Financial Protection Bureau (CFPB). Specifically, the bill replaces the CFPB's director and deputy director with a five-person commission. Republican: 100% (2) 100% Republican support	Finance And Financial Sector Banking And Financial Institutions Regulation Consumer Financial Protection Bureau Consumer Credit Executive Agency Funding And Structure Federal Officials
HB-898	Federal	Credit Score Competition Act of 2017 This bill amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to allow the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), when determining whether to purchase a residential mortgage, to consider a borrower's credit score only if certain procedural requirements are met with respect to the validation and approval of credit-scoring models. The Federal Housing Finance Agency may, by regulation, establish standards and criteria for processes used by Fannie Mae and Freddie Mac to validate and approve credit-scoring models in accordance with the bill. Republican: 46% (7) Democrat: 53% (8) 46% Republican support 53% Democrat support	Housing And Community Development Administrative Law And Regulatory Procedures Consumer Credit Federal Housing Finance Agency Government Corporations And Government-sponsored Enterprises Housing Finance And Home Ownership
S.314	Federal	FIX Act FIX Credit Reporting Errors Act This bill amends the Fair Credit Reporting Act with respect to the procedures followed by consumer reporting agencies when a consumer disputes the completeness or accuracy of information contained in the consumer's credit report. Consumer reporting agencies are required to: (1) include all documentation provided by the consumer in the dispute notification furnished to any person who provided disputed information, and (2) consider such consumer documentation when conducting reinvestigations of disputed information. A consumer reporting agency that operates as reseller is required to convey the notice of the dispute, together with all relevant information and documentation provided by the consumer, to each consumer reporting agency that provided the reseller with the information that is the subject of the dispute. Democrat: 50% (1) Republican: 50% (1) 50% Democrat support 50% Republican support	Finance And Financial Sector Consumer Credit
HJR-62	Federal	Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to prepaid accounts under the Electronic Fund Transfer Act and the Truth in Lending Act. This joint resolution nullifies the rule finalized by the Consumer Financial Protection Bureau on November 22, 2016, relating to prepaid accounts under the Electronic Fund Transfer Act and the Truth in Lending Act. The rule establishes various consumer protections with respect to prepaid accounts. Republican: 100% (4) 100% Republican support	Finance And Financial Sector Administrative Law And Regulatory Procedures Bank Accounts, Deposits, Capital Congressional Oversight Consumer Financial Protection Bureau Consumer Credit
HB-832	Federal	Arbitration Transparency Act of 2017 This bill specifies that an arbitration proceeding between a consumer and a financial institution, in a dispute involving a consumer financial product or service, must be open to the public. Democrat: 100% (1) 100% Democrat support	Law Alternative Dispute Resolution, Mediation, Arbitration Consumer Affairs Consumer Credit Contracts And Agency
SJR-19	Federal	A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to prepaid accounts under the Electronic Fund Transfer Act and the Truth in Lending Act. This joint resolution nullifies the rule finalized by the Consumer Financial Protection Bureau on November 22, 2016, relating to prepaid accounts under the Electronic Fund Transfer Act and the Truth in Lending Act. The rule establishes various consumer protections with respect to prepaid accounts. Republican: 100% (12) 100% Republican support	Finance And Financial Sector Administrative Law And Regulatory Procedures Bank Accounts, Deposits, Capital Congressional Oversight Consumer Financial Protection Bureau Consumer Credit
HB-759	Federal	Ability to Repay Verification Enabling Act This bill prohibits the Department of Labor from enforcing any requirement that a third-party consumer-reporting agency that serves only as a secure conduit for data from a state unemployment compensation agency must obtain and maintain informed consent from an individual before obtaining confidential unemployment compensation information about the individual. Democrat: 50% (1) Republican: 50% (1) 50% Democrat support 50% Republican support	Labor And Employment Administrative Law And Regulatory Procedures Consumer Affairs Consumer Credit Department Of Labor Government Information And Archives Unemployment
HB-435	Federal	The Credit Access and Inclusion Act of 2017 (Sec. 2) This bill amends the Fair Credit Reporting Act to allow the reporting of certain positive consumer-credit information to consumer reporting agencies. Specifically, a person or the Department of Housing and Urban Development may report information related to a consumer's performance in making payments either under a lease agreement for a dwelling or pursuant to a contract for a utility or telecommunications service. However, information about a consumer's usage of any utility or telecommunications service may be reported only to the extent that the information relates to payment by the consumer for such service or other terms of the provision of that service. Furthermore, an energy-utility firm may not report a consumer's outstanding balance as late if the firm and the consumer have entered into a payment plan and the consumer is meeting the obligations of that plan. Specified provisions of the Consumer Credit Protection Act that establish civil liability with respect to furnishers of information to consumer reporting agencies shall not apply to any violation of the bill. The Government Accountability Office must report on the consumer impact of such reporting. Democrat: 64% (20) Republican: 35% (11) 64% Democrat support 35% Republican support	Finance And Financial Sector Consumer Credit Debt Collection Low- And Moderate-income Housing Public Utilities And Utility Rates
HB-402	Federal	Fair Access to Credit Scores Act of 2017 This bill amends the Fair Credit Reporting Act to require certain consumer reporting agencies to disclose, upon request, as part of a consumer's free annual disclosure: (1) the consumer's current credit score, (2) any other information in the consumer's file regarding risk scores or predictors, and (3) any other consumer information the Consumer Financial Protection Bureau considers appropriate with respect to consumer financial education. Consumer reporting agencies shall maintain such scores or predictors in a consumer's file for at least one year after the data is generated. Democrat: 100% (8) 100% Democrat support	Finance And Financial Sector Consumer Credit
HB-278	State (Utah)	Expenses of Minor Children Amendments Democrat: 50% (1) Republican: 50% (1) 50% Democrat support 50% Republican support	Business Credit Consumer Credit Children Family Contracts
HB-123	Federal	FHA Alternative Credit Pilot Program Reauthorization Act of 2017 This bill amends the National Housing Act to reauthorize a pilot program that establishes for mortgagees an automated process for providing alternative credit rating information on mortgagors and prospective mortgagors under mortgages on one- to four-family residences who have insufficient credit histories for determining their creditworthiness. Democrat: 100% (2) 100% Democrat support	Housing And Community Development Consumer Credit Government Information And Archives Government Lending And Loan Guarantees Housing Finance And Home Ownership
HB-135	Federal	Cyber Privacy Fortification Act of 2017 This bill amends the federal criminal code to provide criminal penalties for intentional failures to provide required notices regarding security breaches of computerized data that there is reason to believe resulted in improper access to specified sensitive personally identifiable information that is electronic or digital. A person who owns or possesses data in electronic form containing a means of identification, and who has knowledge of a major security breach of the system containing such data, must notify the U.S. Secret Service or the Federal Bureau of Investigation. A "major security breach" involves: (1) a means of identification pertaining to at least 10,000 individuals that is reasonably believed to have been acquired, (2) databases owned by the federal government, or (3) a means of identification of federal employees or contractors involved in national security matters or law enforcement. The Department of Justice and state attorneys general may bring civil actions and obtain injunctive relief for violations of federal laws relating to data security. Federal agencies must prepare and make available to the public privacy impact assessments that describe the impact of certain proposed and final agency rules on the privacy of individuals. Agencies may waive or delay certain privacy impact assessment requirements for emergencies and national security reasons. Federal agencies must: (1) periodically review promulgated rules that have a significant privacy impact on individuals or a privacy impact on a substantial number of individuals, and (2) consider whether each such rule can be amended or rescinded in a manner that minimizes any such impact while remaining in accordance with applicable statutes. The bill provides access to judicial review to individuals adversely affected or aggrieved by final agency action on any such rule. Democrat: 100% (2) 100% Democrat support	Science, Technology, Communications Administrative Law And Regulatory Procedures Business Records Civil Actions And Liability Computer Security And Identity Theft Computers And Information Technology Congressional Oversight Consumer Affairs Consumer Credit Criminal Justice Information And Records
HB-88	Federal	Shiloh National Military Park Boundary Adjustment and Parker's Crossroads Battlefield Designation Act (Sec. 3) This bill modifies the boundary of Shiloh National Military Park in Tennessee and Mississippi to include the Fallen Timbers Battlefield, the Russell House Battlefield, and the Davis Bridge Battlefield. The Department of the Interior may acquire such lands, which shall be administered as part of the park. (Sec. 4) The bill establishes the Parker's Crossroads Battlefield in Tennessee as an affiliated area of the National Park System. The city of Parkers Crossroads and the Tennessee Historical Commission shall jointly be the management entity for such area. Interior may provide technical assistance and enter into cooperative agreements with such entity to financially assist with the marketing, marking, interpretation, and preservation of such area. Interior shall develop a general management plan for such area. Republican: 100% (1) 100% Republican support	Public Lands And Natural Resources Historic Sites And Heritage Areas Land Transfers Military History Parks, Recreation Areas, Trails Tennessee Taxation Administrative Law And Regulatory Procedures Advisory Bodies Alabama
HB-2498	Federal	Freedom from Discrimination in Credit Act of 2017 This bill amends the Equal Credit Opportunity Act (ECOA) to expand the categories of prohibited discrimination when extending credit to include discrimination on account of sexual orientation or gender identity. (Currently, such discrimination in credit is prohibited only on the basis of race, color, religion, national origin, sex or marital status, or age.) The bill defines: (1) "gender identity" as the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual with or without regard to the individual's designated sex at birth; and (2) "sexual orientation" as homosexuality, heterosexuality, or bisexuality. The bill specifies that for purposes of the ECOA's protections against sex discrimination, the term "sex" includes: (1) a sex stereotype; (2) pregnancy, childbirth, or a related medical condition; and (3) sexual orientation or gender identity. The bill also extends ECOA's protections against discrimination to include: (1) an association with another person who is a member of a class protected against discrimination; and (2) a perception or belief, even if inaccurate, that the individual is a member of such a protected class. Under a current provision of the ECOA, a request for the signature of both parties to a marriage for the purpose of creating a valid lien, passing clear title, waiving inchoate rights to property, or assigning earnings does not constitute discrimination. The bill prohibits this provision from being construed to permit a creditor to take sexual orientation or gender identity into account in connection with the evaluation of creditworthiness of an applicant. Democrat: 97% (86) Republican: 2% (2) 97% Democrat support 2% Republican support	Finance And Financial Sector Consumer Credit Disability And Health-based Discrimination Marriage And Family Status Sex, Gender, Sexual Orientation Discrimination
S.1143	Federal	Freedom from Discrimination in Credit Act of 2017 This bill amends the Equal Credit Opportunity Act (ECOA) to expand the categories of prohibited discrimination when extending credit to include discrimination on account of sexual orientation or gender identity. (Currently, such discrimination in credit is prohibited only on the basis of race, color, religion, national origin, sex or marital status, or age.) The bill defines: (1) "gender identity" as the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual with or without regard to the individual's designated sex at birth; and (2) "sexual orientation" as homosexuality, heterosexuality, or bisexuality. The bill specifies that for purposes of the ECOA's protections against sex discrimination, the term "sex" includes: (1) a sex stereotype; (2) pregnancy, childbirth, or a related medical condition; and (3) sexual orientation or gender identity. The bill also extends ECOA's protections against discrimination to include: (1) an association with another person who is a member of a class protected against discrimination; and (2) a perception or belief, even if inaccurate, that the individual is a member of such a protected class. Under a current provision of the ECOA, a request for the signature of both parties to a marriage for the purpose of creating a valid lien, passing clear title, waiving inchoate rights to property, or assigning earnings does not constitute discrimination. The bill prohibits this provision from being construed to permit a creditor to take sexual orientation or gender identity into account in connection with the evaluation of creditworthiness of an applicant. Democrat: 91% (22) Republican: 4% (1) Independent: 4% (1) 91% Democrat support 4% Republican support 4% Independent support	Finance And Financial Sector Consumer Credit Disability And Health-based Discrimination Marriage And Family Status Sex, Gender, Sexual Orientation Discrimination

Title: Unsubscribe Act of 2017

Session: US Congress 2017-2018 115th Congress

Number: HB-1097

Subjects: Commerce, Consumer Credit, Contracts And Agency, Bank Accounts, Deposits, Capital, Civil Actions And Liability, Consumer Affairs, Internet And Video Services

Democrat: 100% (5)

Title: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to prepaid accounts under the Electronic Fund Transfer Act and the Truth in Lending Act.

Session: US Congress 2017-2018 115th Congress

Number: HJR-73

Subjects: Finance And Financial Sector, Administrative Law And Regulatory Procedures, Bank Accounts, Deposits, Capital, Congressional Oversight, Consumer Financial Protection Bureau, Consumer Credit

Republican: 100% (46)

Title: Repeal CFPB Act

Session: US Congress 2017-2018 115th Congress

Number: S.370

Subjects: Finance And Financial Sector, Banking And Financial Institutions Regulation, Consumer Financial Protection Bureau, Consumer Affairs, Consumer Credit, Executive Agency Funding And Structure

Republican: 100% (8)

Title: To eliminate the Bureau of Consumer Financial Protection by repealing title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, commonly known as the Consumer Financial Protection Act of 2010.

Session: US Congress 2017-2018 115th Congress

Number: HB-1031

Republican: 100% (31)

Title: A bill to amend the Consumer Financial Protection Act of 2010 to remove the funding cap relating to the transfer of funds from the Board of Governors of the Federal Reserve System to the Bureau of Consumer Financial Protection, and for other purposes.

Session: US Congress 2017-2018 115th Congress

Number: S.365

Subjects: Finance And Financial Sector, Banking And Financial Institutions Regulation, Civil Actions And Liability, Consumer Financial Protection Bureau, Consumer Credit, Executive Agency Funding And Structure, Federal Reserve System, Government Trust Funds

Republican: 100% (2)

Title: CFPB Constitutional Reform Act of 2017

Session: US Congress 2017-2018 115th Congress

Number: HB-1018

Subjects: Finance And Financial Sector, Banking And Financial Institutions Regulation, Consumer Financial Protection Bureau, Consumer Credit, Executive Agency Funding And Structure, Federal Officials

Republican: 100% (2)

Title: Credit Score Competition Act of 2017

Session: US Congress 2017-2018 115th Congress

Number: HB-898

Subjects: Housing And Community Development, Administrative Law And Regulatory Procedures, Consumer Credit, Federal Housing Finance Agency, Government Corporations And Government-sponsored Enterprises, Housing Finance And Home Ownership

Republican: 46% (7) Democrat: 53% (8)

Title: FIX Act FIX Credit Reporting Errors Act

Session: US Congress 2017-2018 115th Congress

Number: S.314

Subjects: Finance And Financial Sector, Consumer Credit

Democrat: 50% (1) Republican: 50% (1)

Session: US Congress 2017-2018 115th Congress

Number: HJR-62

Republican: 100% (4)

Title: Arbitration Transparency Act of 2017

Session: US Congress 2017-2018 115th Congress

Number: HB-832

Subjects: Law, Alternative Dispute Resolution, Mediation, Arbitration, Consumer Affairs, Consumer Credit, Contracts And Agency

Democrat: 100% (1)

Title: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Consumer Financial Protection relating to prepaid accounts under the Electronic Fund Transfer Act and the Truth in Lending Act.

Session: US Congress 2017-2018 115th Congress

Number: SJR-19

Republican: 100% (12)

Title: Ability to Repay Verification Enabling Act

Session: US Congress 2017-2018 115th Congress

Number: HB-759

Subjects: Labor And Employment, Administrative Law And Regulatory Procedures, Consumer Affairs, Consumer Credit, Department Of Labor, Government Information And Archives, Unemployment

Democrat: 50% (1) Republican: 50% (1)

Title: The Credit Access and Inclusion Act of 2017

Session: US Congress 2017-2018 115th Congress

Number: HB-435

Subjects: Finance And Financial Sector, Consumer Credit, Debt Collection, Low- And Moderate-income Housing, Public Utilities And Utility Rates

Democrat: 64% (20) Republican: 35% (11)

Title: Fair Access to Credit Scores Act of 2017

Session: US Congress 2017-2018 115th Congress

Number: HB-402

Subjects: Finance And Financial Sector, Consumer Credit

Democrat: 100% (8)

Title: Expenses of Minor Children Amendments

Session: Utah 2017-2017 Regular Session

Number: HB-278

Subjects: Business, Credit, Consumer Credit, Children, Family, Contracts

Democrat: 50% (1) Republican: 50% (1)

Title: FHA Alternative Credit Pilot Program Reauthorization Act of 2017

Session: US Congress 2017-2018 115th Congress

Number: HB-123

Subjects: Housing And Community Development, Consumer Credit, Government Information And Archives, Government Lending And Loan Guarantees, Housing Finance And Home Ownership

Democrat: 100% (2)

Title: Cyber Privacy Fortification Act of 2017

Session: US Congress 2017-2018 115th Congress

Number: HB-135

Subjects: Science, Technology, Communications, Administrative Law And Regulatory Procedures, Business Records, Civil Actions And Liability, Computer Security And Identity Theft, Computers And Information Technology, Congressional Oversight, Consumer Affairs, Consumer Credit, Criminal Justice Information And Records

Democrat: 100% (2)

Title: Shiloh National Military Park Boundary Adjustment and Parker's Crossroads Battlefield Designation Act

Session: US Congress 2017-2018 115th Congress

Number: HB-88

Subjects: Public Lands And Natural Resources, Historic Sites And Heritage Areas, Land Transfers, Military History, Parks, Recreation Areas, Trails, Tennessee, Taxation, Administrative Law And Regulatory Procedures, Advisory Bodies, Alabama

Republican: 100% (1)

Title: Freedom from Discrimination in Credit Act of 2017

Session: US Congress 2017-2018 115th Congress

Number: HB-2498

Subjects: Finance And Financial Sector, Consumer Credit, Disability And Health-based Discrimination, Marriage And Family Status, Sex, Gender, Sexual Orientation Discrimination

Democrat: 97% (86) Republican: 2% (2)

Title: Freedom from Discrimination in Credit Act of 2017

Session: US Congress 2017-2018 115th Congress

Number: S.1143

Subjects: Finance And Financial Sector, Consumer Credit, Disability And Health-based Discrimination, Marriage And Family Status, Sex, Gender, Sexual Orientation Discrimination

Democrat: 91% (22) Republican: 4% (1) Independent: 4% (1)

Consumer Credit

HB-1097

Federal

HJR-73

Federal

S.370

Federal

HB-1031

Federal

S.365

Federal

HB-1018

Federal

HB-898

Federal

S.314

Federal

HJR-62

Federal

HB-832

Federal

SJR-19

Federal

HB-759

Federal

HB-435

Federal

HB-402

Federal

HB-278

State (Utah)

HB-123

Federal

HB-135

Federal

HB-88

Federal

HB-2498

Federal

S.1143

Federal