[111th Congress Public Law 319]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 3457]]

Public Law 111-319
111th Congress

                                 An Act


 
To amend the Fair Credit Reporting Act with respect to the applicability 
of identity theft guidelines to creditors. <<NOTE: Dec. 18, 2010 -  [S. 
                                3987]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Red Flag Program 
Clarification Act of 2010.>> 
SECTION <<NOTE: 15 USC 1601 note.>> 1. SHORT TITLE.

    This Act may be cited as the ``Red Flag Program Clarification Act of 
2010''.
SEC. 2. SCOPE OF CERTAIN CREDITOR REQUIREMENTS.

    (a) Amendment to FCRA.--Section 615(e) of the Fair Credit Reporting 
Act (15 U.S.C. 1681m(e)) is amended by adding at the end the following:
            ``(4) Definitions.--As used in this subsection, the term 
        `creditor'--
                    ``(A) means a creditor, as defined in section 702 of 
                the Equal Credit Opportunity Act (15 U.S.C. 1691a), that 
                regularly and in the ordinary course of business--
                          ``(i) obtains or uses consumer reports, 
                      directly or indirectly, in connection with a 
                      credit transaction;
                          ``(ii) furnishes information to consumer 
                      reporting agencies, as described in section 623, 
                      in connection with a credit transaction; or
                          ``(iii) advances funds to or on behalf of a 
                      person, based on an obligation of the person to 
                      repay the funds or repayable from specific 
                      property pledged by or on behalf of the person;
                    ``(B) does not include a creditor described in 
                subparagraph (A)(iii) that advances funds on behalf of a 
                person for expenses incidental to a service provided by 
                the creditor to that person; and
                    ``(C) includes any other type of creditor, as 
                defined in that section 702, as the agency described in 
                paragraph (1) having authority over that creditor may 
                determine appropriate by rule promulgated by that 
                agency, based on a determination that such creditor 
                offers or maintains accounts that are subject to a 
                reasonably foreseeable risk of identity theft.''.

[[Page 124 STAT. 3458]]

    (b) Effective <<NOTE: 15 USC 1681m note.>> Date.--The amendment made 
by this section shall become effective on the date of enactment of this 
Act.

    Approved December 18, 2010.

LEGISLATIVE HISTORY--S. 3987:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 156 (2010):
            Nov. 30, considered and passed Senate.
            Dec. 7, considered and passed House.

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