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Legislation Update 10/21/09

NCISS - Legislative Committee Update 10/21/09


Colleagues,

The House Financial Services Committee is currently debating creation of the Consumer Financial Protection Agency. The CFPA was proposed by President Obama and would give the consumer protection agency jurisdiction over financial products which is now held by banking regulators and the FTC - Federal Trade Commission.

Under the original proposal, most functions of the FTC under the Fair Credit Reporting Act were to be transferred to the new agency. NCISS objected to this, as have NAPBS and others, because the FTC understands the business issues affecting consumer reporting agencies (CRA's), which include many private investigators.

Committee Chairman Barney Frank, (D-MA) had earlier said he would leave the authority under the FCRA regarding consumer reporting agencies with the FTC. However, today, he said that was a mistake, and he offered an amendment to put CRA's under the new agency. When one committee member pointed out that the FCRA affects background checks and other non-financial functions, Frank said he didn't realize that and it was not his intention to include anything other than credit checks. He said he'd work to make that clear before the bill goes to the floor.

The bill in all likelihood will pass the committee tomorrow morning. Chairman Frank said it will be several weeks before it goes to the floor, and the bill remains highly controversial. The NCISS LegislatiI expect many changes before a floor vote. The bill has not yet been considered in the Senate. The NCISS Legislative Committee will continue to monitor the related hearings and progress of this bill as well as developing a plan of action should consumer reporting agencies be transferred to the new agency.

Thank you for your continued loyalty and support.

Sincerely,
Jimmie Mesis
NCISS Legislative Chairman
jim@nciss.org


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