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Highlight Updates Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA) of 2018

In 2018, Congress added three provisions to the FCRA. The Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA) of 2018,356 often referred to in shorthand by its bill number S.2155, added provisions that:

  • ● gave consumers the right to obtain, free of charge, security freezes from the nationwide consumer reporting agencies (CRAs);357
  • ● require the nationwide CRAs to provide a free version of credit monitoring to active duty military consumers;358 and
  • ● address the problem of negative information in veterans’ consumer credit reports caused by the Department of Veterans Affairs’ (VA) delays and other failures in making payments to non-VA providers for healthcare services to veterans.359

The provision requiring free security freezes was adopted as a response to the Equifax data breach, in which that CRA’s negligence resulted the theft of personal information of as many as 148 million Americans.360 The Equifax data breach produced a huge public outcry, including a plethora of media coverage and numerous Congressional hearings.361 Despite all the controversy, the only legislative change thus far to address the Equifax breach was the provision of free security freezes. This provision was not as significant as it might seem, in that all fifty states already had security freeze laws in effect as of 2018, and many were moving toward making them free.362