US 2004 Consumer Report Security Freeze Legislation Resources in United States
US 2004 Consumer Report Security Freeze Legislation Resources
| State: | Bill Summary: |
| Florida | H.B. 743 Authorizes consumers to place security alerts on credit reports; provides requirements and procedures; provides duties of consumer credit reporting agencies; authorizes consumers to place security freezes on credit reports; provides criteria, requirements and procedures; provides duties of consumer credit reporting agencies; provides exceptions; authorizes said agencies to charge a reasonable fee. |
| Hawaii | H.B. 1950 Requires consumer credit reporting agencies to allow consumers to inspect their files. Specifies situations under which agencies may provide reports. Allows consumers to place security alerts in and security freezes on their reports. Prohibits certain information from inclusion in the reports. |
| Illinois | H.B. 5006 Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that any person who uses a consumer credit report in connection with the approval of credit, may not lend money, extend credit, or complete the purchase, lease, or rental of goods or non-credit related services without taking reasonable steps to verify the consumer’s identity. Provides that if a consumer places a statement with a security alert in his or her file requesting that his or her identity be verified by calling a specified telephone number, any person who receives that statement with the security alert in the consumer’s file must take reasonable steps to verify his or her identity by contacting the consumer using the specified telephone number, prior to lending money, extending credit, or completing the purchase, lease, or rental of goods or non-credit related services, with certain exceptions. Provides that a consumer credit reporting agency is required to provide a consumer information about security alerts and security freezes and their consequences. Prohibits a person or entity from publicly posting or displaying an individual’s Social Security number or doing certain other acts that might compromise the security of an individual’s Social Security number. Provides that a person or entity shall not encode or embed a Social Security number on a card or document, including a bar code, chip, or magnetic strip. |
| S.B. 2639 Provides that any person who uses a consumer credit report in connection with the approval of credit, may not lend money, extend credit, or complete the purchase, lease, or rental of goods or non-credit related services without taking reasonable steps to verify the consumer’s identity. Provides that if a consumer places a statement with a security alert in his or her file requesting that his or her identity be verified by calling a specified telephone number, any person who receives that statement with the security alert in the consumer’s file must take reasonable steps to verify his or her identity by contacting the consumer using the specified telephone number, prior to lending money, extending credit, or completing the purchase, lease, or rental of goods or non-credit related services, with certain exceptions. Provides that a consumer credit reporting agency is required to provide to a consumer information about security alerts and security freezes and their consequences. Prohibits a person or entity from publicly posting or displaying an individual’s Social Security number or doing certain other acts that might compromise the security of an individual’s Social Security number. Provides that a person or entity shall not encode or embed a Social Security number on a card or document, including a bar code, chip, or magnetic strip. |
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| Iowa | S.S.B. 3066 Establishes various protections from and increases penalties for identify theft and directs the Department of Public Safety to perform a feasibility study regarding identity theft training and development of an identity theft guide. Permits victims of identity theft to request that a security alert be placed on the victim’s consumer report, which is more commonly known as a credit report. |
| Louisiana | H.B. 623 Signed by governor 7/6/04, Act 766 Provides for the imposition of a security freeze, by the consumer, on his credit report or score. Also provides for the methods of access after placement of a freeze and removal. |
| Massachusetts | H.B. 2921 Relates to the protection of consumers from identity theft; authorizes security alerts and freezes on consumer reports. |
| H.B. 4556 S.B. 57 Relates to the theft of identity in consumer transactions; allows consumers to close their consumer reports. |
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| New Jersey | A.B. 3274 S.B. 1914 Amends and supplements the “New Jersey Fair Credit Reporting Act,” to require that a consumer reporting agency place a security freeze on a consumer credit report within five business days of receiving a request to do so in writing by certified mail, and prohibits the release of information from the report while the freeze is in place, except as provided by the bill. As defined in the bill, “security freeze” means a notice placed in a consumer’s credit report, at the request of the consumer, that prohibits the consumer reporting agency from releasing the consumer’s credit report or any information from it without the express authorization of the consumer, but does not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer’s credit report. Requires a consumer reporting agency to provide a consumer an identification number to be used for temporarily lifting a freeze upon a consumer credit report or authorizing the subsequent release of information from a consumer credit report that is subject to a security freeze. Stipulates that a security freeze shall remain in place until either the consumer requests to have the security freeze removed, or upon discovery by the consumer reporting agency that the consumer’s credit report was frozen due to a material misrepresentation by the consumer. Also, if a third party requests access to a consumer credit report on which a security freeze is in effect, and this request is in connection with an application for credit or any other benefit, and the consumer does not allow the report to be accessed, the third party may treat the application as incomplete. Provides that when a security freeze is in place, a consumer reporting agency shall not modify any of the consumer’s basic identifying information in the report without sending a written confirmation of the change to the consumer, including, in the case of an address change, a written confirmation sent to both the new and the former address. Permits a consumer reporting agency to charge a reasonable fee to freeze, remove a freeze, or temporarily lift a freeze regarding access to a consumer credit report. |
| A.B. 3472 Supplements the “New Jersey Fair Credit Reporting Act,” (C.56:11-28 et seq.) to permit consumers to place security alerts upon their consumer reports by making a request in writing or by telephone to a consumer credit reporting agency. As defined in this bill, “security alert” means a notice placed in a consumer’s consumer report, at the request of the consumer, that notifies a recipient of the consumer report that the consumer’s identity may have been used without the consumer’s consent to fraudulently obtain goods or services in the consumer’s name. Requires a consumer reporting agency to provide a toll-free telephone number to accept security alerts from consumers at all times. In addition, a consumer reporting agency is mandated to notify each person requesting consumer credit information with respect to a consumer of the existence of a security alert in the report of that consumer. The security alert shall be in place for at least 90 days, and a consumer has the right to request a renewal of the alert. Requires that a consumer reporting agency place a security freeze on a consumer credit report within five business days of receiving a request to do so in writing by certified mail, and prohibits the release of information from the report while the freeze is in place, except as provided. As defined in the bill, “security freeze” means a notice placed in a consumer’s credit report, at the request of the consumer, that prohibits the consumer reporting agency from releasing the consumer’s credit report or any information from it without the express authorization of the consumer, but does not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer’s credit report. Requires a consumer reporting agency to provide a consumer an identification number to be used for temporarily lifting a freeze upon a consumer credit report or authorizing the subsequent release of information from a consumer credit report that is subject to a security freeze. Further, the bill stipulates that a security freeze shall remain in place until either the consumer requests to have the security freeze removed, or upon discovery by the consumer reporting agency that the consumer’s credit report was frozen due to a material misrepresentation by the consumer. Also, if a third party requests access to a consumer credit report on which a security freeze is in effect, and this request is in connection with an application for credit or any other benefit, and the consumer does not allow the report to be accessed, the third party may treat the application as incomplete. Provides that when a security alert or freeze is in place, a consumer reporting agency shall not modify any of the consumer’s basic identifying information in the report without sending a written confirmation of the change to the consumer, including, in the case of an address change, a written confirmation sent to both the new and the former address. Also, the bill permits a consumer reporting agency to charge a reasonable fee to freeze, remove a freeze, or temporarily lift a freeze regarding access to a consumer credit report. |
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| Vermont | H.B. 327 Signed by governor 6/8/04, Act 155 Allows a consumer to request that a credit reporting agency place a security alert on the consumer’s credit report if the consumer’s identity might have been used to fraudulently obtain goods or services and to place a security freeze on the credit report if the consumer has a sworn complaint about the unlawful use of personal information. The consumer credit reporting agency would have to provide a written summary of the rights of the consumer. Establishes the crime of identity theft and penalties for violations. |
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