Current Emerging Issues
Charges for Consumer Credit Reports –
The Consumer Financial Protection Bureau (CFPB) has announced that the maximum allowable charge for consumer credit reports will increase for 2023.
Under Section 612(f)(2) for the Fair Credit Reporting Act, the CFPB is required to adjust this dollar amount ceiling each year based on the changes in the Consumer Price Index (CPI).
Overtime the ceiling has been adjusted as follows:
1998 – $8.00
2011 – $11.00
1999 – $8.00
2012 – $11.50
2000 – $8.50
2013 – $11.50
2001 – $8.50
2014 – $11.50
2002 – $9.00
2015 – $12.00
2003 – $9.00
2016 – $12.00
2004 – $9.00
2017 – $12.00
2005 – $9.50
2018 – $12.00
2006 – $10.00
2019 – $12.50
2007 – $10.00
2020 – $12.50
2008 – $10.50
2021 – $13.00
2009 – $11.00
2022 – $13.50
2010 – $10.50
For 2023, the ceiling will increase to $14.50
Reference: The fee referred to does not apply to the free annual credit reports that are provided under Section 211(a) of the FACT Act of 2003. However, the fee does apply in situations where a consumer has already received a free annual credit report and does not otherwise qualify for another one.
Current Emerging Issues
Credit Reporting Accuracy After a Legal Name Change Act // H.R. 8478:
07/21/22 – Introduced in the house by Ayanna Pressley
08/02/22 – Passed the House Financial Services Committee
Key Provisions:
- Would require nationwide consumer reporting agencies, upon request, to use only a consumer’s current legal name on consumer reports.
- Would help ensure that an individual’s credit history is not lost after a name change.
Expanding Access to Credit Through Consumer – Permissioned Date Act // H.R. 8485:
6/21/22 – Introduced in the House by Nikema Williams
8/2/22 – Passed the House Financial Services Committee
Key Provisions:
- Would require lenders, if requested by a loan applicant, to consider additional alternative information (i.e., information not typically considered and not typically found in credit reports) when evaluating the applicant for a mortgage
Promoting New & Diverse Depository Institutions Act // H.R. 4590:
7/21/21 – Introduced in the House by Jake Auchincloss
7/29/21 – Passed the House Financial Services Committee.
7/26/22 – Passed the House.
Key Provisions:
- Would require Federal banking regulators to conduct an 18-month study examining challenges faced by prospective de novo (newly chartered) depository institutions.
- Would require Federal banking regulators to develop a plan to promote the creation of newly chartered depository institutions (especially “minority” and “community development” financial institutions) in a manner that promotes increased access to financial services, safety and soundness, consumer protection, and community reinvestment
