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S. 4144IntroducedSenate · nowHousePresidentLawIn committee
Sec. 3 · S. 4144

Prohibited practices

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(a) Untrue or misleading statements (1) In general Section 404(a)(1) of the Credit Repair Organizations Act (15 U.S.C. 1679b(a)(1)) is amended— (A) in the matter preceding subparagraph (A), by inserting knowingly before make any statement, or; (B) in subparagraph (A), by striking or at the end; and (C) by adding at the end the following: (C) the Bureau of Consumer Financial Protection directly or through an online portal established to receive complaints, disputes, or reports of fraud; (D) the Federal Trade Commission directly or through an online portal established to receive complaints, disputes, or reports of fraud; or (E) any Federal, State, local, or Tribal law enforcement agency directly or through an online portal established to receive complaints, disputes, or reports of fraud;. (2) Finding The Congress finds that it is unlawful, as of the date of enactment of this Act, to make materially false, fictitious, or fraudulent statements or representations to the Bureau of Consumer Financial Protection. (b) Additional prohibited practices Section 404 of the Credit Repair Organizations Act (15 U.S.C. 1679b) is amended— (1) in subsection (a)(2)— (A) in subparagraph (B)(ii), by striking the semicolon and inserting; or; and (B) by adding at the end the following: (C) the Bureau of Consumer Financial Protection or the Federal Trade Commission;; (2) by amending subsection (b) to read as follows: (b) Payment in Advance (1) In general No credit repair organization may request or receive payment of any fee or consideration from a consumer for services represented to remove derogatory or inaccurate information from, or improve, the credit history of such consumer's credit history, credit record, or credit rating, or services related to such a representation, until the credit repair organization has provided such consumer with documentation in the form of a consumer report, issued not earlier than 180 days after the date on such service is rendered, from a consumer reporting agency that demonstrates that such representation has been achieved. (2) Rule of construction Nothing in this subsection shall be construed to alter the permissible purposes of furnishing a consumer report described in section 604 of the Fair Credit Reporting Act.; and (3) by adding at the end the following: (c) Jamming A credit repair organization may not submit multiple disputes described in section 611 of the Fair Credit Reporting Act of the same information unless all of the following are true: (1) The consumer reporting agency or data furnisher has had the time permitted under the Fair Credit Reporting Act to conduct a reasonable investigation on the prior dispute. (2) The consumer reporting agency or data furnisher has returned the results of its investigation to the consumer with respect to such dispute, unless there are material changes to the information submitted with the dispute. (3) The credit repair organization includes with the resubmitted dispute a specific description of what information is inaccurate..