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Consumer Reporting Fairness Act of 2015

S. 1773 · 114th Congress · Jul 15, 2015 · Lineage

A BILL

To amend title 11, United States Code, to require creditors to inform consumer reporting agencies that certain debts have been discharged in bankruptcy cases.

Section 1 Short title

This Act may be cited as the “Consumer Reporting Fairness Act of 2015”.

Sec. 2 Discharge of debt in bankruptcy

Section 525 of title 11, United States Code, is amended by adding at the end the following:

“(d) If a creditor has provided or furnished to a consumer reporting agency, as defined in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a), any item of information pertaining to an account based on a debt discharged in a case under this title, the creditor shall inform the consumer reporting agency that the debt has been discharged in bankruptcy and has a zero balance.

“(e) An individual injured by any willful violation of this section—

“(1) shall recover actual damages, including costs and attorneys' fees; and

“(2) in appropriate circumstances, may recover punitive damages.

“(f) Nothing in this section shall be construed to prohibit the reporting of payments on a mortgage loan, whether or not the debtor has reaffirmed that loan.”