As a part of her plan to address the homeownership gap for black families in America, Democratic presidential candidate Kamala Harris has proposed an amendment to the Fair Credit Reporting Act that will require credit reporting agencies to include rent, cellphone, and utility payments when calculating consumer credit scores. 

The Consumer Financial Protection Bureau has reported that an estimated 26 million people in America are “credit invisible,” meaning they do not have records maintained by the nationwide credit reporting agencies. In addition, an estimated 19 million people have “unscorable” credit files, meaning they contain insufficient credit histories to generate a credit score.   

At the 25th Annual Essence Festival held in New Orleans earlier this month, Sen. Harris discussed these discrepancies and her plan to “give black families a real shot at home ownership” and “remove the barriers that black Americans face when they go to qualify for a home loan.” Harris’ plan seeks to increase access to credit for those with a limited or “invisible” credit history because they do not have traditional credit-building accounts. 

The traditional Fair Isaac Corporation, or “FICO,” score – one of the most widely used and influential credit scores – focuses on payments of debts such as credit cards, auto loans, and mortgages. FICO has an alternative data collection system in place that includes data such as telecommunications and utility payments. However, this data is generally not gathered by the three major credit reporting agencies – Experian, Equifax, and Trans Union. As noted by by Joanne Gaskin, Vice President of scores and analytics at FICO, in a recent interview, “Today, we have a voluntary system of furnishing data which means not all providers report payment information to the CRAs.” 

Troutman Sanders will continue to monitor proposed amendments to the Fair Credit Reporting Act and other updates affecting the credit reporting requirements of financial institutions.

Photo of Monika Scott Monika Scott

Monika Scott is an attorney in the Financial Services Litigation and Consumer Financial Services practice groups. Her practice includes the representation of clients in consumer law, business disputes, and commercial litigation. Monika represents and advises clients in state and federal courts throughout Georgia…

Monika Scott is an attorney in the Financial Services Litigation and Consumer Financial Services practice groups. Her practice includes the representation of clients in consumer law, business disputes, and commercial litigation. Monika represents and advises clients in state and federal courts throughout Georgia, with an emphasis on the mortgage servicing industry. She regularly defends mortgage servicers, investors, and related entities against claims for breach of contract, fraud/misrepresentation, promissory estoppel, negligence, wrongful foreclosure, and wrongful eviction. She has significant experience in all phases of the litigation process, from early claims analysis and dispute resolution through summary judgment, trial and appeal.

Photo of Michael E. Lacy Michael E. Lacy

Michael heads the firm’s Consumer Financial Services practice, and handles class actions and high-stakes consumer litigation on a nationwide basis. He represents banks, mortgage servicers, debt buyers and collectors, and lenders against claims under consumer protection statutes, including the FCRA, TCPA, RESPA, RICO,

Michael heads the firm’s Consumer Financial Services practice, and handles class actions and high-stakes consumer litigation on a nationwide basis. He represents banks, mortgage servicers, debt buyers and collectors, and lenders against claims under consumer protection statutes, including the FCRA, TCPA, RESPA, RICO, and state UDAP laws. He has significant experience litigating and trying corporate governance disputes, including shareholder derivative claims, corporate dissolution cases, and corporate divorce matters. Michael also represents public utility companies in litigation and regulatory matters, including condemnation and land use cases.