Rep. Katie Porter (D-Calif.) is preparing to take on the largest credit reporting bureaus with a data security proposal that would give consumers the right to sue after data breaches.
Porter’s bill would amend the Fair Credit Reporting Act (FCRA) to include a reasonable data security standard for credit reporting agencies… as well as other entities subject to the law.
Establishing that requirement would give consumers the ability to sue using the FCRA’s existing private right of action. Porter’s bill, which could be introduced as early as September, would fall under the purview of the Financial Services Committee and avoid the jurisdictional hurdles that have been an impediment to broader privacy legislation.
The bill also wouldn’t prescribe specific cybersecurity standards. That would mean the hundreds of much smaller credit reporting agencies—many of which specialize in collecting specific types of consumer information like payday loans, bank accounts, or utilities—wouldn’t be held to the same data security standards as the three giant CRAs.