[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6129 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6129

To amend the Fair Credit Reporting Act to prohibit the use of consumer 
reports and consumer information in making any determination involving 
   auto insurance with respect to a consumer, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2012

 Mr. Clarke of Michigan (for himself, Mr. Conyers, and Mr. Thompson of 
 Mississippi) 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 
   auto insurance with respect to a consumer, 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 ``Ban the Use of Credit Scores in Auto 
Insurance Act''.

SEC. 2. USE OF CONSUMER REPORTS AND CONSUMER INFORMATION FOR AUTO 
              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 auto 
insurance (as defined under subsection (h)(3))'' before the semicolon.
    (b) Rule of Construction.--Section 604 of the Fair Credit Reporting 
Act (15 U.S.C. 1681b) is amended by adding at the end the following new 
subsection:
    ``(h) Auto 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 auto 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 auto 
        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 auto 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.
            ``(3) Definitions.--For purposes of this subsection:
                    ``(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 any other risk score 
                or predictor on any consumer.
                    ``(B) Auto insurance.--The term `personal line of 
                insurance' means any personal automobile 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.''.
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