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Senate Bill 0403


 

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Senate Bill 0403

ARCHIVE (2007)

Latest Information

 
DIGEST OF SB403 (Updated April 18, 2007 2:20 pm - DI 84)

Freezing of consumer reports. Provides that a consumer may prevent access to the consumer's consumer report by requesting that a consumer reporting agency place a security freeze on the consumer report. Requires a consumer reporting agency to develop and make available to consumers, not later than January 1, 2009, a secure electronic mail connection by which a consumer can request: (1) the placement of a security freeze; or (2) the same or a new personal identification number or password for use in releasing a report subject to a freeze to a third party, or in temporarily lifting a security freeze. Prohibits a consumer reporting agency from releasing any information from a consumer report that is subject to a security freeze unless the consumer requests: (1) the release of the report to a specified third party; or (2) the temporary lifting of the freeze for a specified period. For a consumer report subject to a security freeze, sets forth procedures for a consumer to request the: (1) release of the report to a third party; (2) temporary lifting of the freeze for specified period; or (3) removal of the freeze. Requires a consumer reporting agency to develop and make available to consumers, not later than January 1, 2009, secure procedures to process, within 15 minutes of receiving a request, a telephonic or an electronic authorization from a consumer to: (1) release a consumer report subject to a security freeze; (2) temporarily lift a security freeze; or (3) remove a security freeze. Provides that specified persons may receive information from a consumer report that is subject to a security freeze, including licensed insurers. Provides that specified persons are not required to place a security freeze on a consumer's consumer report, including consumer reporting agencies that furnish specialized credit reporting tools to energy utilities. Requires a consumer reporting agency to provide a consumer written notice, in connection with certain required disclosures, that the consumer may place a security freeze on the consumer's consumer report. Prohibits a consumer reporting agency from imposing a charge on a consumer for a request from the consumer to do any of the following: (1) Place a security freeze on the consumer's consumer report. (2) Release the consumer's consumer report to a specified person, if the report is subject to a security freeze. (3) Temporarily lift a security freeze. (4) Remove a security freeze. (5) Issue a personal identification number or password for use by the consumer in releasing information from a frozen consumer report, lifting a security freeze, or removing a security freeze. Prohibits a consumer reporting agency from imposing a charge on a third party to whom a consumer's consumer report is released at the request of the consumer. Provides a cause of action to a consumer aggrieved by a consumer reporting agency's knowing or intentional violation of the provisions concerning security freezes. Allows the attorney general to bring an action to recover a civil penalty from a person who knowingly or intentionally violates the provisions concerning security freezes.
    Current Status:
     Law Enacted
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