110 HR 6062 IH: Personal Lines of Insurance Fairness U.S. House of Representatives 2008-05-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 6062 IN THE HOUSE OF REPRESENTATIVES May 15, 2008 Ms. Waters (for herself, Mr. Gutierrez, Mr. Watt, and Mr. Frank of Massachusetts) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Fair Credit Reporting Act to prohibit the use of consumer reports and consumer information in making any determination involving personal lines of insurance with respect to a consumer, and for other purposes.

1.

Short title

This Act may be cited as the Personal Lines of Insurance Fairness Act of 2008.

2.

Use of consumer reports and consumer information for certain insurance purposes prohibited

(a)

In general

Section 604(a)(3)(C) of the Fair Credit Reporting Act (15 U.S.C. 1681b(a)(3)(C)) is amended by inserting , except personal lines of insurance before the semicolon. (b)

Rule of construction

Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681(b)) is amended by adding at the end the following new subsection: (h)

Certain lines of insurance not an authorized business purpose

(1)

In general

No consumer reporting agency may furnish a consumer report or consumer information with respect to any consumer to any person for use in making any decision to underwrite or rate any personal lines of insurance, and no person shall use or obtain a consumer report or consumer information with respect to any consumer in connection with the underwriting or rating of any consumer in connection with a transaction involving personal lines of insurance. (2)

Insurance information not included

Information derived from the following databases shall not be treated as a consumer report or consumer information for purposes of paragraph (1): (A)Databases that contain information on property loss data regarding personal lines of insurance, such as the Comprehensive Loss Underwriting Exchange (CLUE) and Automobile Property Loss Underwriting System (A–PLUS). (B)Databases that contain information on driver history, such as accidents or moving violations, typically maintained at State departments of motor vehicles. (C)Databases that contain information on a consumer’s medical history, to the extent such access and use for purposes described in paragraph (1) is consistent with the requirements of section 604(g). (3)

Definitions

For purposes of this subsection, the following definitions shall apply: (A)

Consumer information

The term ‘consumer information’ means any information from the file of any consumer at a consumer reporting agency, or any product derived from any such information such as consumer credit reports or credit scores or other risk score or predictor on any consumer. (B)

Personal line of insurance

The term ‘personal line of insurance’ means any personal automobile or homeowners line of insurance, as defined in the Uniform Property and Casualty Product Coding Matrix established and maintained by the National Association of Insurance Commissioners or any successor document. .