H.R. 9639

FAIR Credit Act

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I Restoring the Impaired Credit of Victims of Predatory Activities and Unfair Consumer Reporting Practices

II Expanding Access to Tools to Protect Vulnerable Consumers From Identity Theft, Fraud, or a Related Crime, and Protect Victims From Further Harm

Sec. 202. Identity theft definition

Section 603(q)(3) of the Fair Credit Reporting Act (15 U.S.C. 1681a(q)(3)) is amended to read as follows:

Text this section adds to the law

(3) Identity theft

(A) In general. The term identity theft means a fraud committed using the identifying information of another person without the effective consent of that person, subject to such further definition as the Director of the Bureau may prescribe, by regulation.

(B) Effective consent. Effective consent has not been provided for purposes of subparagraph (A) if consent is—

(i) induced by force, threat, fraud, or coercion; or

(ii) given by an individual unable to contract by reason of incapacity or youth, unless consent is given by a person legally authorized to act on behalf of the individual and such action is not contrary to the best interests of the individual as determined by a court of competent jurisdiction.

III Miscellaneous