Short title

This Act may be cited as the

Making Online Banking Initiation Legal and Easy Act of 2017

or the

MOBILE Act of 2017

Definitions

In this Act: (1)

Affiliate

The term affiliate has the meaning given such term in section 2(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(k)). (2)

Driver’s license

The term driver’s license means a license issued by a State to an individual which authorizes the individual to operate a motor vehicle on public streets, roads, or highways. (3)

Federal bank secrecy laws

The term Federal bank secrecy laws means— (A)section 21 of the Federal Deposit Insurance Act (12 U.S.C. 1829b); (B)section 123 of Public Law 91–508; and (C)subchapter II of chapter 53 of title 31, United States Code. (4)

Financial institution

The term financial institution means— (A)an insured depository institution, as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); (B)an insured credit union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or (C)any affiliate of an insured depository institution or insured credit union. (5)

Financial product or service

The term financial product or service has the meaning given such term in section 1002(15) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481(15)). (6)

Personal identification card

The term personal identification card means an identification document issued by a State or local government to an individual solely for the purpose of identification of such individual. (7)

State

The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States. (8)

Swipe

The term swipe means the act of using a device on a driver’s license or personal identification card to decipher, in an electronically readable format, personal information displayed on or electronically encoded on the driver’s license or personal identification card.

Use of a driver’s license or personal identification card

(a)

In general

With the consent of an individual, a financial institution may record personal information from a swipe of the individual’s driver’s license or personal identification card, or make a copy or receive an image of the individual’s driver’s license or personal identification card, and store or retain such information in any electronic format for purposes of opening an account with the financial institution or obtaining a financial product or service from the financial institution. Except as required to comply with Federal bank secrecy laws, the financial institution may only use the personal information— (1)to verify the authenticity of the driver’s license or personal identification card with the State that issued the driver’s license or personal identification card; (2)to verify the identity of the individual; and (3)to comply with a legal requirement to record, retain, or transmit the personal information in connection with opening the account or obtaining the financial product or service. (b)

Notice to consumer

A financial institution that swipes or copies an individual’s driver’s license or personal identification card in accordance with subsection (a) shall inform the individual about the type of information collected. (c)

Restrictions on use of information

Except as otherwise provided by law, a financial institution that obtains information from a swipe or a copy of a driver’s license or personal identification card as described in subsection (a) may not sell, rent, transfer, or make the personal information available to another person (other than an affiliate).

Relation to State law

The provisions of this Act shall preempt and supersede any State law that conflicts with a provision of this Act, but only to the extent of such conflict.