The Ending Scam Credit Repair Act significantly amends the Credit Repair Organizations Act to bolster consumer protections against predatory practices. It refines the definition of a credit repair organization, specifically exempting attorneys providing legal services for bankruptcy or other litigation filed within 12 months, while clarifying that the Act still applies to organizations employing attorneys for general credit repair services. A key provision mandates that all credit repair organizations must be licensed by a State by January 1, 2026. The bill introduces new prohibited practices , most notably banning credit repair organizations from requesting or receiving any payment from a consumer until they can provide documentation, in the form of a consumer report issued at least six months after service, demonstrating that the promised credit improvement has been achieved. It also prohibits "jamming," which involves submitting multiple disputes of the same information to consumer reporting agencies or data furnishers unless specific conditions are met, such as allowing time for investigation and including material changes or specific descriptions of inaccuracies. Furthermore, the legislation requires credit repair organizations to make additional disclosures , including a statement that consumers can perform many credit repair services themselves for free, and adds the Bureau of Consumer Financial Protection as a regulating body. It mandates that organizations retain telephone recordings with consumers and provide copies of all communications sent on behalf of the consumer. Finally, the bill increases civil liability for violations, establishing a minimum statutory damage of $500 for each infraction, and sets specific requirements for how credit repair organizations must communicate disputes to furnishers of information.
Referred to the House Committee on Financial Services.
Finance and Financial Sector
ESCRA Act
USA119th CongressHR-306| House
| Updated: 1/9/2025
The Ending Scam Credit Repair Act significantly amends the Credit Repair Organizations Act to bolster consumer protections against predatory practices. It refines the definition of a credit repair organization, specifically exempting attorneys providing legal services for bankruptcy or other litigation filed within 12 months, while clarifying that the Act still applies to organizations employing attorneys for general credit repair services. A key provision mandates that all credit repair organizations must be licensed by a State by January 1, 2026. The bill introduces new prohibited practices , most notably banning credit repair organizations from requesting or receiving any payment from a consumer until they can provide documentation, in the form of a consumer report issued at least six months after service, demonstrating that the promised credit improvement has been achieved. It also prohibits "jamming," which involves submitting multiple disputes of the same information to consumer reporting agencies or data furnishers unless specific conditions are met, such as allowing time for investigation and including material changes or specific descriptions of inaccuracies. Furthermore, the legislation requires credit repair organizations to make additional disclosures , including a statement that consumers can perform many credit repair services themselves for free, and adds the Bureau of Consumer Financial Protection as a regulating body. It mandates that organizations retain telephone recordings with consumers and provide copies of all communications sent on behalf of the consumer. Finally, the bill increases civil liability for violations, establishing a minimum statutory damage of $500 for each infraction, and sets specific requirements for how credit repair organizations must communicate disputes to furnishers of information.