ENGROSSED ORIGINAL
1
A BILL 1
2
25-358 3
4
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
6
________________ 7
8
9
To amend, on a temporary basis, Chapter 38 of Title 28 of the District of Columbia Official 10
Code to require credit reporting agencies to accept a personal statement from a consumer 11
indicating the consumer experienced financial hardship resulting from a public health 12
emergency; to prohibit users of credit reports from taking into consideration adverse 13
information in a report that was the result of the consumer’s action or inaction that 14
occurred during the public health emergency; to require credit reporting agencies to 15
notify residents of the right to request a personal statement; and to provide for civil action 16
for violations of this section. 17
18
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 19
act may be cited as the “Public Health Emergency Credit Alert Temporary Amendment Act of 20
2023”. 21
Sec. 2. Title 28 of the District of Columbia Official Code is amended as follows: 22
(a) The table of contents for Chapter 38 is amended by adding a new subchapter 23
designation to read as follows: 24
“Subchapter IV. Public Health Emergency Credit Alert. 25
“28-3871. Public health emergency credit alert.”. 26
(b) A new section 28-3871 is added to read as follows: 27
Ҥ 28-3871. COVID-19 Emergency credit alert. 28 ENGROSSED ORIGINAL
2
“(a)(1) If a consumer reports in good faith that the consumer has experienced financial 29
hardship resulting directly or indirectly from the public health emergency declared pursuant to 30
section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 31
(D.C. Law 14-194; D.C. Official Code § 7-2304.01), a credit reporting agency maintaining a file 32
on the consumer shall accept and include in that file a personal statement furnished by the 33
consumer indicating that the consumer has been financially impacted by the COVID-19 34
emergency. 35
“(2) A credit reporting agency shall provide that personal statement along with 36
any credit report provided by the agency, beginning on the date the credit reporting agency 37
receives the personal statement, unless the consumer requests that the personal statement be 38
removed. 39
“(b) This section shall not apply to a federal credit union, as defined by 12 U.S.C. § 40
1752(1), a national bank, as defined by 12 U.S.C. § 25b(a)(1), or a federal savings association, as 41
defined by 12 U.S.C. § 1462(3); except, that an exception granted by this subsection shall not 42
apply to any entity to which the savings clause at 12 U.S.C. § 25b(b)(2) applies. 43
“(c)(1) No user of a credit report shall consider adverse information in a report that was 44
the result of an action or inaction by a consumer that occurred during, and was directly or 45
indirectly the result of, a public health emergency declared pursuant to section 5a of the District 46
of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. 47 ENGROSSED ORIGINAL
3
Official Code § 7-2304.01), if the credit report includes a personal statement pursuant to 48
subsection (a) of this section.” 49
“(d) When a District resident requests a copy of a credit report pursuant to 15 U.S.C. § 50
1681j, the entity providing the credit report must notify the resident of the right to request a 51
personal statement to accompany the credit report. 52
“(e) If a credit reporting agency violates this section, the affected consumer may bring a 53
civil action consistent with 15 U.S.C. § 1681n. 54
“(f)(1) The Attorney General may petition the Superior Court of the District of Columbia 55
for temporary or permanent injunctive relief for, and for an award of damages for property loss 56
or harm suffered by a consumer as a consequence of, a violation of this section, or fraudulent or 57
deceptive conduct in violation of this section that harms a District resident. 58
“(2) In an action under this section, the Attorney General may recover: 59
“(A) A civil penalty not to exceed $1,000 for each violation; and 60
“(B) Reasonable attorney’s fees and costs of the action. 61
“(g) The following terms shall have the same meaning as defined in § 28-3861: 62
“(1) “Consumer;” 63
“(2) “Credit report;” and 64
“(3) “Credit reporting agency”. 65
“(h) This section shall not be construed in a manner inconsistent with the Fair Credit 66
Reporting Act, (15 U.S.C. § 1681 et seq.), or any other federal law or regulation.”. 67 ENGROSSED ORIGINAL
4
Sec. 3. Fiscal impact. 68
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 69
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 70
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 71
Sec. 4. Effective date. 72
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 73
the Mayor, action by the Council to override the veto), a 30-day period of congressional review 74
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 75
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 76
Columbia Register. 77
(b) This act shall expire after 225 days of its having taken effect. 78