(A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual's disposable earnings for that week; and (B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual's disposable earnings for that week; except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek. (c) No court of the United States or any State, and no State (or officer or agency thereof), may make, execute, or enforce any order or process in violation of this section. § 304. [15 U.S.C. 1674] Restriction on discharge from employment by reason of garnishment (a) No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness. (b) Whoever willfully violates subsection (a) of this section shall be fined not more than $1,000, or imprisoned not more than one year, or both. § 305. [15 U.S.C. 1675] Exemption for State-regulated garnishments The Secretary of Labor may by regulation exempt from the provisions of section 303(a) and (b)(2) garnishments issued under the laws of any State if he determines that the laws of that State provide restrictions on garnishment which are substantially similar to those provided in section 303(a) and (b)(2). § 306. [15 U.S.C. 1676] Enforcement by Secretary of Labor The Secretary of Labor, acting through the Wage and Hour Division of the Department of Labor, shall enforce the provisions of this title. § 307. [15 U.S.C. 1677] Effect on State laws This title does not annul, alter, or affect, or exempt any person from complying with, the laws of any State 1 1 (1) prohibiting garnishments or providing for more limited garnishments than are allowed under this title, or (2) prohibiting the discharge of any employee by reason of the fact that his earnings have been subjected to garnishment for more than one indebtedness. 1 So in original. Probably should be "State-”. TITLE IV-CREDIT REPAIR ORGANIZATIONS1 Sec. 401. Short title. 402. Findings and purposes. 403. Definitions. 404. Prohibited practices. 405. Disclosures. 406. Credit repair organizations contracts. 407. Right to cancel contract. 408. Noncompliance with this title. 409. Civil liability. 410. Administrative enforcement. 411. Statute of limitations. 412. Relation to State law. 413. Effective date. SEC. 401. [15 U.S.C. 1601 nt] SHORT TITLE. This title may be cited as the "Credit Repair Organizations Act". SEC. 402. [15 U.S.C. 1679] FINDINGS AND PURPOSES. (a) FINDINGS.—The Congress makes the following findings: (1) Consumers have a vital interest in establishing and maintaining their credit worthiness and credit standing in order to obtain and use credit. As a result, consumers who have experienced credit problems may seek assistance from credit repair organizations which offer to improve the credit standing of such consumers. (2) Certain advertising and business practices of some companies engaged in the business of credit repair services have worked a financial hardship upon consumers, particularly those of limited economic means and who are inexperienced in credit matters. (b) PURPOSES.—The purposes of this title are (1) to ensure that prospective buyers of the services of credit repair organizations are provided with the information necessary to make an informed decision regarding the purchase of such services; and (2) to protect the public from unfair or deceptive advertising and business practices by credit repair organizations. SEC. 403. [15 U.S.C. 1679a] DEFINITIONS. For purposes of this title, the following definitions apply: (1) CONSUMER.-The term "consumer" means an individual. (2) CONSUMER CREDIT TRANSACTION.-The term "consumer credit transaction" means any transaction in which credit is offered or extended to an individual for personal, family, or household purposes. (3) CREDIT REPAIR ORGANIZATION.-The term "credit repair organization" (A) means any person who uses any instrumentality of interstate commerce or the mails to sell, provide, or per 1 The typeface for the items in the table of sections for this title were lightfaced roman in the conference report and boldface roman in the printed public law. form (or represent that such person can or will sell, provide, or perform) any service, in return for the payment of money or other valuable consideration, for the express or implied purpose of (i) improving any consumer's credit record, credit history, or credit rating; or (ii) providing advice or assistance to any consumer with regard to any activity or service described in clause (i); and (B) does not include (i) any nonprofit organization which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986; (ii) any creditor (as defined in section 103 of the Truth in Lending Act), with respect to any consumer, to the extent the creditor is assisting the consumer to restructure any debt owed by the consumer to the creditor; or (iii) any depository institution (as that term is defined in section 3 of the Federal Deposit Insurance Act) or any Federal or State credit union (as those terms are defined in section 101 of the Federal Credit Union Act), or any affiliate or subsidiary of such a depository institution or credit union. (4) CREDIT.-The term "credit" has the meaning given to such term in section 103(e) of this Act. SEC. 404. [15 U.S.C. 1679b] PROHIBITED PRACTICES. (a) IN GENERAL.-No person may (1) make any statement, or counsel or advise any consumer to make any statement, which is untrue or misleading (or which, upon the exercise of reasonable care, should be known by the credit repair organization, officer, employee, agent, or other person to be untrue or misleading) with respect to any consumer's credit worthiness, credit standing, or credit capacity to (A) any consumer reporting agency (as defined in section 603(f) of this Act); or (B) any person— (i) who has extended credit to the consumer; or (ii) to whom the consumer has applied or is apply ing for an extension of credit; (2) make any statement, or counsel or advise any consumer to make any statement, the intended effect of which is to alter the consumer's identification to prevent the display of the consumer's credit record, history, or rating for the purpose of concealing adverse information that is accurate and not obsolete to (A) any consumer reporting agency; (B) any person (i) who has extended credit to the consumer; or (ii) to whom the consumer has applied or is applying for an extension of credit; (3) make or use any untrue or misleading representation of the services of the credit repair organization; or (4) engage, directly or indirectly, in any act, practice, or course of business that constitutes or results in the commission of, or an attempt to commit, a fraud or deception on any person in connection with the offer or sale of the services of the credit repair organization. (b) PAYMENT IN ADVANCE.-No credit repair organization may charge or receive any money or other valuable consideration for the performance of any service which the credit repair organization has agreed to perform for any consumer before such service is fully performed. SEC. 405. [15 U.S.C. 1679c] DISCLOSURES. (a) DISCLOSURE REQUIRED.-Any credit repair organization shall provide any consumer with the following written statement before any contract or agreement between the consumer and the credit repair organization is executed: "Consumer Credit File Rights Under State and Federal Law "You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any "credit repair" company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years. "You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud. "You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations. "You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it. "Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur. "You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inac curate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau. "If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you. "The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact: "The Public Reference Branch "Federal Trade Commission "Washington, D.C. 20580". (b) SEPARATE STATEMENT REQUIREMENT.-The written statement required under this section shall be provided as a document which is separate from any written contract or other agreement between the credit repair organization and the consumer or any other written material provided to the consumer. (c) RETENTION OF COMPLIANCE RECORDS.— (1) IN GENERAL.-The credit repair organization shall maintain a copy of the statement signed by the consumer acknowledging receipt of the statement. (2) MAINTENANCE FOR 2 YEARS.-The copy of any consumer's statement shall be maintained in the organization's files for 2 years after the date on which the statement is signed by the consumer. SEC. 406. [15 U.S.C. 1679d] CREDIT REPAIR ORGANIZATIONS CONTRACTS. (a) WRITTEN CONTRACTS REQUIRED.-No services may be provided by any credit repair organization for any consumer (1) unless a written and dated contract (for the purchase of such services) which meets the requirements of subsection (b) has been signed by the consumer; or (2) before the end of the 3-business-day period beginning on the date the contract is signed. (b) TERMS AND CONDITIONS OF CONTRACT.-No contract referred to in subsection (a) meets the requirements of this subsection unless such contract includes (in writing) (1) the terms and conditions of payment, including the total amount of all payments to be made by the consumer to the credit repair organization or to any other person; (2) a full and detailed description of the services to be performed by the credit repair organization for the consumer, including (A) all guarantees of performance; and (B) an estimate of— (i) the date by which the performance of the services (to be performed by the credit repair organization or any other person) will be complete; or |