H379: Fair Use of Consumer Reports. Latest Version

Session: 2023 - 2024

House
Passed 1st Reading
Rules


AN ACT to prohibit credit reporting agencies from reporting LAWSUITS FOR Ejectment THAT DO NOT RESULT IN A JUDGMENT FOR THE LANDLORD.



The General Assembly of North Carolina enacts:



SECTION 1.  Chapter 75 of the General Statutes is amended by adding a new Article to read:



Article 2B.



Fair Use of Consumer Reports.



§ 75‑70.1.  Definitions.



The following definitions apply in this Article:



(1)        Consumer. – An individual.



(2)        Consumer report. – Any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, 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 any of the following:



a.         Employment.



b.         Housing, including applications for lease or mortgage.



c.         Credit to be used primarily for personal, family, or household purposes.



d.         Any other purpose authorized under 15 U.S.C. § 168(b).



(3)        Credit reporting agency. – Any person who, 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 consumer reports to third parties.



(4)        Person. – Any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.



§ 75‑70.2.  Prohibited information.



Credit reporting agencies are prohibited from collecting, storing, reporting, or using to determine a composite‑type score information regarding any lawsuit filed against the consumer for ejectment or summary ejectment of the consumer by the consumer's landlord, unless there has been a judgment entered in favor of the landlord.



SECTION 2.  This act is effective October 1, 2023, and applies to credit information collected or reports disbursed on or after that date.