2003 - 2004 LEGISLATURE
February 18, 2003 - Introduced by Senators Erpenbach, Robson, Carpenter and
Chvala, cosponsored by Representatives
Schneider, Ziegelbauer, Musser, A.
Williams, Berceau, Travis, Plouff, Albers, Shilling, Boyle, Morris, Colon,
J. Lehman, Huber and
Balow. Referred to Committee on Judiciary,
Corrections and Privacy.
1An Act to create
220.02 (2) (e) and subchapter V of chapter 224 [precedes 2
224.991] of the statutes; relating to: disclosure of credit reports and providing
Analysis by the Legislative Reference Bureau
Wisconsin law currently does not specifically regulate the disclosure of credit
reports to consumers by a credit reporting agency (agency). However, under current
federal law, an agency must provide a consumer with five pieces of information upon
request: all nonmedical information contained in the agency's files on the consumer,
the sources of that information, the recipients of any credit report concerning the
consumer, information regarding any checks that form the basis of an adverse
characterization of the consumer, and a record of certain inquiries received by the
agency that identified the consumer. Generally, unless the consumer's request is
pursuant to a denial of credit or to a notice that the consumer's credit may be
adversely affected, the agency may charge up to $8 for this disclosure. In certain
circumstances, federal law prohibits an agency from disclosing the sources of
information in a consumer's file.
This bill requires an agency, upon request, to provide one free written disclosure
report to a consumer per year. In addition to the disclosure required by the federal
law, this bill requires the agency to provide the consumer with a current credit report
and a clear and concise explanation of the contents of the written disclosure report.
This bill prohibits an agency from making certain disclosures prohibited under
federal law. A person who violates this bill may be fined up to $500 for a first offense
and may be fined up to $1,000 or imprisoned for up to six months or both for a
subsequent offense within six months.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB39, s. 1
220.02 (2) (e) of the statutes is created to read:
(e) Consumer reporting agencies under subch. V of ch. 224.
SB39, s. 2
Subchapter V of chapter 224 [precedes 224.991] of the statutes is 4
created to read:
consumer reporting agencies
In this subchapter:
"Consumer report" has the meaning given in 15 USC 1681a
"Consumer reporting agency" has the meaning given in 15 USC 1681a
"File" has the meaning given in 15 USC 1681a
"Investigative consumer report" has the meaning given in 15 USC 1681a 13
"Summary of rights" means the information that a consumer reporting 15
agency is required to provide under 15 USC 1681g
16224.993 Disclosure to individual. (1)
A consumer reporting 17
agency shall, upon the written request of an individual, provide the individual with
a written disclosure report within 5 business days after receiving the written 2
Except as provided in sub. (4), the written disclosure report 4
provided under sub. (1) shall contain all of the following:
(a) A current consumer report pertaining to the individual.
(b) The date of each request for credit information pertaining to the individual 7
received by the consumer reporting agency during the 12 months before the date on 8
which the consumer reporting agency provides the written disclosure report.
(c) The name of each person requesting credit information pertaining to the 10
individual during the 12 months before the date on which the consumer reporting 11
agency provides the written disclosure report.
(d) The dates, original payees, and amounts of any checks upon which any 13
adverse characterization of the consumer is based.
(e) Any other information contained in the individual's file.
(f) A clear and concise explanation of the contents of the written disclosure 16
(g) A summary of rights.
A consumer reporting agency shall provide the written disclosure 19
report required under sub. (1) free of charge, unless the individual has requested a 20
written disclosure report from the consumer reporting agency during the preceding 21
A consumer reporting agency may not disclose to an individual 23
making a request under sub. (1) any of the following:
(a) The sources of any information that was both acquired solely for use in 25
preparing an investigative consumer report and used for no other purpose.
(b) Any credit score or other risk score or predictor relating to the consumer.
Any person who violates this subchapter may be fined not 3
more than $500 for the first offense and may be fined not more than $1,000 or 4
imprisoned for not more than 6 months or both for each subsequent offense occurring 5
within 6 months.