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108th CONGRESS
  1st Session
                                S. 1749

 To amend various provisions of the Consumer Credit Protection Act to 
 provide relief for victims of identity theft, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 16, 2003

  Mr. Specter introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend various provisions of the Consumer Credit Protection Act to 
 provide relief for victims of identity theft, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prevent Identity Theft From 
Affecting Lives and Livelihoods (PITFALL) Act''.

SEC. 2. RELIEF FOR IDENTITY THEFT VICTIMS FROM CREDITORS.

    (a) In General.--The Truth in Lending Act is amended by inserting 
after section 133 (15 U.S.C. 1643) the following new section:
``Sec. 133A. Nonliability of identity theft victims
    ``(a) In General.--If--
            ``(1) a State maintains a procedure that provides for the 
        investigation by the chief law enforcement officer of the 
        State, or an official or agency designated by the State, of a 
        police report by any person alleging identity theft; and
            ``(2) the officer, official, or agency issues a no-fault 
        letter upon completion of the investigation stating that such 
        person was the victim of identity theft with respect to any 
        creditor,
such person shall not be liable for any credit extended in connection 
with the actions that such officer, official, or agency has determined 
to be involved in the identity theft, except as otherwise provided in 
this section.
    ``(b) Duties of Creditor.--Upon receiving a copy of a no-fault 
letter described in subsection (a)(2) with respect to any person, the 
creditor, or any transferee, assignee, or agent of the creditor--
            ``(1) may not attempt to collect any credit extended in the 
        name of such person which the no-fault letter identifies as 
        having resulted from identity theft and shall hold such person 
        harmless for the obligation (including any real or personal 
        property of such person in which the terms of any contract or 
        agreement involved in the identity theft purport to create a 
        security interest for such credit);
            ``(2) may not furnish any information to a consumer 
        reporting agency that identifies such credit as an obligation 
        of such person;
            ``(3) shall provide a copy of the no-fault letter (and such 
        other information as may be appropriate to indicate that the 
        person is not liable under this section for the obligation) 
        to--
                    ``(A) any consumer reporting agency to which the 
                creditor had furnished any such information before the 
                receipt of a copy of the no-fault letter; and
                    ``(B) any office in which any such security 
                interest was recorded;
            ``(4) may not transfer or assign the credit to any other 
        person, including a debt collector (as defined in section 803), 
        unless the creditor clearly states that the person in whose 
        name the credit was extended is not liable for such obligation 
        under this section;
            ``(5) shall provide a copy of the no-fault letter (and such 
        other information as may be appropriate to indicate that the 
        person is not liable under this section for the obligation) to 
        any transferee or assignee, including a debt collector (as 
        defined in section 803), to which the creditor had transferred 
        or assigned the obligation before the receipt of the no-fault 
        letter, or any agent acting on behalf of the creditor;
            ``(6) shall remove any lien filed against any real or 
        personal property of such person to secure the repayment of any 
        such credit obligation by such person; and
            ``(7) shall comply with any requirement the Board and the 
        Federal Trade Commission may jointly prescribe under this 
        section.
    ``(c) Scope of Provision.--The exemptions provided in section 104 
shall not apply to this section.
    ``(d) Administrative and Judicial Review.--Any creditor adversely 
affected by the determination by the chief law enforcement officer of 
any State, or an official or agency designated by the State, that is 
the basis for a no-fault letter described in subsection (a)(2) with 
respect to any person may--
            ``(1) seek any administrative review of such determination 
        that is available under the law of such State;
            ``(2) provide such officer, official, or agency with 
        additional relevant information and request further 
        investigation of the facts and circumstances involved in the 
        alleged identity theft and a de novo review of the prior 
        determination on the basis of any relevant information not 
        taken into account in making the original determination; or
            ``(3) bring an action in any appropriate State court in 
        such State to determine the validity of any claim by the 
        creditor against such person with respect to any obligation to 
        which the no-fault letter applies.
    ``(e) Effective Period.--This section shall cease to apply with 
respect to any credit extended to any person as of the earlier of--
            ``(1) the date that any determination, pursuant to an 
        administrative review or redetermination under paragraph (1) or 
        (2) of subsection (d), that such person was not the victim of 
        identity theft becomes final; or
            ``(2) the date any decision of any Federal or State court 
        that such person is obligated for such credit becomes final.
    ``(f) Definitions.--For purposes of this section, the following 
definitions shall apply:
            ``(1) Identity theft.--The term `identity theft' means a 
        fraud committed using another person's identifying information, 
subject to such further definition as the Board and the Federal Trade 
Commission may prescribe, jointly, by regulation.
            ``(2) Police report.--The term `police report' means a copy 
        of any official valid report filed by a person with any 
        appropriate Federal, State, or local government law enforcement 
        agency, or any comparable official government document that the 
        Board and the Federal Trade Commission shall jointly prescribe 
        in regulations, that is subject to a criminal penalty for false 
        statements.''.
    (b) State Enforcement Authority.--Section 130(e) of the Truth in 
Lending Act (15 U.S.C. 1640(e)) is amended by inserting ``or section 
133A'' after section 129''.

SEC. 3. TREATMENT OF CREDIT AND OTHER INFORMATION IN CASES OF IDENTITY 
              THEFT.

    (a) In General.--The Fair Credit Reporting Act is amended by 
inserting after section 605 (15 U.S.C. 1681c) the following new 
section:
``Sec. 605A. Treatment of credit and other information in cases of 
              identity theft
    ``(a) In General.--If--
            ``(1) a State maintains a procedure that provides for the 
        investigation by the chief law enforcement officer of the 
        State, or an official or agency designated by the State, of a 
        police report filed by any person alleging identity theft; and
            ``(2) the officer, official, or agency issues a no-fault 
        letter upon completion of the investigation stating that such 
        person was the victim of identity theft,
no information concerning any transaction involved in the identity 
theft with respect to such person may be included or maintained by a 
consumer reporting agency in any file of such person, except as 
otherwise provided in this section or taken into account in connection 
with preparing or providing any credit scores or any other risk scores 
or predictors relating to the person.
    ``(b) Duties of Consumer Reporting Agency.--Upon receiving a copy 
of a no-fault letter described in subsection (a)(2) with respect to any 
person, the consumer reporting agency--
            ``(1) shall remove any reference to any information 
        described in subsection (a) that is covered by the no-fault 
        letter from the file of such person;
            ``(2) may not provide any such information to any person, 
        whether or not the information is included in a consumer 
        report, for any purpose;
            ``(3) shall notify any user to which the consumer reporting 
        agency had furnished any such information before the receipt of 
        a copy of the no-fault letter that--
                    ``(A) such information may not be used by the user 
                for any purpose; and
                    ``(B) under section 133A or 910A, the person is not 
                liable for any obligation covered by the no-fault 
                letter;
            ``(4) shall provide a copy of the no-fault letter (and such 
        other information as may be appropriate to indicate that the 
        person is not liable under section 133A or 910A for the 
        obligation) to the furnisher of such information to the 
        consumer reporting agency (unless the no-fault letter was 
        supplied by the furnisher); and
            ``(5) shall comply with any requirement the Board and the 
        Federal Trade Commission may jointly prescribe under this 
        section.
    ``(c) Effective Period.--This section shall cease to apply with 
respect to any information concerning any person that was covered by a 
no-fault letter described in subsection (a) as of the earlier of--
            ``(1) the date that any determination, pursuant to an 
        administrative review or redetermination that such person was 
        not the victim of identity theft becomes final; or
            ``(2) the date any decision of any Federal or State court 
        that such person is liable on the obligation to which such 
        information refers becomes final.
    ``(d) Definitions.--For purposes of this section (and sections 616, 
617, 619, 620, 621, and 624 with respect to information and duties 
covered by this section), the following definitions shall apply:
            ``(1) Consumer reporting agency.--The term `consumer 
        reporting agency' includes any person which--
                    ``(A) for monetary fees or dues, or on a 
                cooperative basis, regularly engages in whole or in 
                part in the practice of assembling or evaluating credit 
                information or other information on any person for the 
                purpose of furnishing, to third parties, any written, 
                oral, or other communication of any information by a 
                consumer reporting agency bearing on a person's credit 
                worthiness, credit standing, credit capacity, 
                character, general reputation, personal 
                characteristics, or mode of living which is used or 
                expected to be used or collected in whole or in part 
                for the purpose of serving as a factor in establishing 
                the person's eligibility for--
                            ``(i) credit or insurance;
                            ``(ii) employment purposes; or
                            ``(iii) any other purpose authorized under 
                        section 604; and
                    ``(B) uses any means or facility of interstate 
                commerce for the purpose of preparing or furnishing 
                such reports.
            ``(2) Identity theft.--The term `identity theft' means a 
        fraud committed using another person's identifying information, 
        subject to such further definition as the Board and the Federal 
        Trade Commission may prescribe, jointly, by regulation.
            ``(3) Police report.--The term `police report' means a copy 
        of any official valid report filed by a person with any 
        appropriate Federal, State, or local government law enforcement 
        agency, or any comparable official government document that the 
        Board and the Federal Trade Commission shall jointly prescribe 
        in regulations, that is subject to a criminal penalty for false 
        statements.''.
    (b) Technical and Conforming Amendments.--Section 623(a)(1)(A) of 
the Fair Credit Reporting Act (15 U.S.C. 1681s-2(a)(1)(A)) is amended--
            (1) by striking ``relating to any consumer'' and inserting 
        ``relating to any person'';
            (2) by inserting before the period at the end ``or if the 
        person knows or has reason to know that the information relates 
        to a transaction involving identity theft''; and
            (3) by inserting after the period, the following new 
        sentence: ``For purposes of the preceding sentence, a person 
        shall be deemed to know or have reason to know that information 
        relates to a transaction involving identity theft if the person 
        knows or reasonably should have known that the information or 
        the transaction is described in a no-fault letter issued by the 
        chief law enforcement officer of the State, or an official or 
        agency designated by the State, in accordance with section 
        605A(a), as involving identity theft.''.

SEC. 4. DUTIES OF DEBT COLLECTORS IN CASES OF IDENTITY THEFT.

    (a) In General.--The Fair Debt Collection Practices Act is amended 
by inserting after section 808 (15 U.S.C. 1692f) the following new 
section:
``Sec. 808A. Identity theft
    ``(a) In General.--If--
            ``(1) a State maintains a procedure that provides for the 
        investigation by the chief law enforcement officer of the 
        State, or an official or agency designated by the State, of a 
        police report filed by any person alleging identity theft; and
            ``(2) the officer, official, or agency issues a no-fault 
        letter upon completion of the investigation stating that such 
        person was the victim of identity theft,
no obligation that is identified in the no-fault letter as being 
involved in the identity theft with respect to such person shall be 
treated as a debt of such person by any debt collector.
    ``(b) Duties of Debt Collector.--Upon receiving a copy of a no-
fault described in subsection (a)(2) with respect to any person, a debt 
collector--
            ``(1) may not take any action, or attempt to take any 
        action, directly or indirectly, against such person to collect 
        on any obligation that is subject to subsection (a);
            ``(2) may not take any action, or attempt to take any 
        action, to enforce any purported interest in any real or 
        personal property of such person that is securing any such 
        obligation;
            ``(3) if the debt collector is acting as an agent of the 
        creditor or any other person with respect to collecting any 
        such obligation, shall promptly notify the creditor or other 
        person of the prohibition under this section on collection and 
        provide such creditor or other person with a copy of the no-
        fault letter; and
            ``(4) shall comply with any requirement the Board and the 
        Federal Trade Commission may jointly prescribe under this 
        section.
    ``(c) Effective Period.--This section shall cease to apply with 
respect to any obligation of any person that was covered by a no-fault 
letter described in subsection (a) as of the earlier of--
            ``(1) the date that any determination, pursuant to an 
        administrative review or redetermination that such person was 
        not the victim of identity theft with respect to such 
        obligation becomes final; or
            ``(2) the date any decision of any Federal or State court 
        that such person is liable on the obligation becomes final.
    ``(d) Definitions.--For purposes of this section (and sections 813 

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