H. B. 2853
(By Delegate Louisos)
[Introduced February 26, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §46A-6L-101 of the Code of West
Virginia, 1931, as amended, relating to the Consumer Credit &
Protection Act; and prohibiting the reporting of credit
scoring as a part of a credit report.
Be it enacted by the Legislature of West Virginia:
That §46A-6L-101 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 6L. THEFT OF CONSUMER IDENTITY PROTECTIONS.
§46A-6L-101. Definitions.
For the purposes of this article, the following terms have the
following meanings:
(1) "Person" means any individual, partnership, corporation,
trust, estate, cooperative, association, government or governmental
subdivision or agency or other entity.
(2) "Consumer" means an individual.
(3) "Consumer-reporting agency" means any entity which, for
monetary fees, dues or on a cooperative nonprofit basis, regularly
engages, in whole or in part, in the practice of assembling or
evaluating consumer credit information or other information on
consumers for the purpose of furnishing credit reports to third
parties.
(4) "Credit report" means any written, oral or other
communication of any information by a consumer-reporting agency,
except credit scoring, bearing on a consumer's credit worthiness,
credit standing, credit capacity, character, general reputation,
personal characteristics or mode of living which is used or expected
to be used or collected, in whole or in part, for the purpose of
serving as a factor in establishing the consumer's eligibility for:
(A) Credit or insurance to be used primarily for a personal,
family, household or agricultural purpose, except that nothing in
this article authorizes
or prohibits the use of credit evaluations,
credit scoring or insurance scoring in the underwriting of personal
lines of property or casualty insurance;
(B) Employment purposes; or
(C) Any other purpose authorized under Section 15 U.S.C. §1681b
as in effect on the effective date of this article.
(5) "Security freeze" means a notice, at the request of the
consumer and subject to certain exceptions, that prohibits the
consumer-reporting agency from releasing all or any part of the consumer's credit report or any information derived from it without
the express authorization of the consumer.
(6) "Reviewing the account" or "account review" includes
activities related to account maintenance, monitoring, credit line
increases and account upgrades and enhancements.
NOTE: The purpose of this bill is to prohibit the reporting of
credit scoring as a part of a credit report.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.