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A proposed bill would require Consumer Reporting Agencies to use a person’s current legal name in a consumer report upon their request.

About The Bill

The “Credit Reporting Accuracy After a Legal Name Change Act of 2022” (H.R.8478) is a proposed bill that is being reviewed by Congress. It was introduced by Congresswoman Ayanna Pressley and calls for the Fair Credit Reporting Act (FCRA) to be amended to require Consumer Reporting Agencies (CRAs) to use a consumer's current legal name on a report if they are requested to do so by the individual who is being screened.

H.R.8478 would add the following to the FCRA: “With respect to a Consumer Reporting Agency described in section 603(p), any prior name of the consumer about whom the report relates, other than the consumer’s current legal name, after receiving a request from the consumer to use only the consumer’s current legal name on all consumer reports.”

Reasons For This Proposal

Content in a Findings section of H.R.8478 explains that is was created because:

Fragmented files created by the credit reporting industry cause inaccuracies on consumer reports for transgender and gender non-conforming consumers after a legal name change. Inaccurate consumer reports create additional burdens and barriers and impair their ability to access credit, housing and employment.

According to the Williams Institute report: “Age of Individuals Who Identify as Transgender in the United States”, as of 2017 there were approximately 1.4 million adults who identify as transgender. According to the Williams Institute report: “Nonbinary LGBTQ Adults in the United States”, as of 2021 approximately 1.2 million adults identify as nonbinary.

In its 2016 report “Injustice at Every Turn”, the National Center for Transgender Equality found that transgender adults experienced unemployment at twice the rate of the general population. 90 percent reported experiencing harassment, discrimination or mistreatment in the workplace. The report further found that one in five transgender adults reported having been refused a home or apartment because of their gender identity.

Transgender consumers face severe adverse effects from having their former name reflected on their credit report. The disclosure of a transgender person’s prior name in a consumer report to a creditor, employer, or lessor can expose those consumers to unlawful discrimination on the basis of that consumer’s gender identity.

About Consumer Reports

Consumer reports provide valuable information about individuals, such as their employment history, whether they have specific licenses, degrees or credentials and if they have any criminal convictions that a hiring manager might need to review. Employers, credit issuers, landlords and other entities use this data to help make informed decisions. These reports empower employers to maintain safe workplaces, conduct due diligence and avoid claims of hiring negligence.

Ordering Background Checks

If your organization needs background checks for employment purposes, please contact us. Our experienced team can help you customize packages for any position. We are an accredited CRA and committed to providing current, complete reports that help our clients identify and hire strong talent. We’re based in the United States and available to assist you Monday through Friday from 5am to 6pm PT.