US 2005 Consumer Report Security Freeze Legislation Resources in United States
US 2005 Consumer Report Security Freeze Legislation Resources
| State: | Bill Summary: |
| Alaska | H.B. 226 Relates to breaches of security involving personal information; and relates to credit report security freezes. |
| H.B. 270 Relates to breaches of security involving personal information, consumer report security freezes, protection of Social Security numbers, disposal of records, factual declarations of innocence after identity theft, furnishing consumer credit header information, and filing police reports regarding identity theft. |
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| S.B. 148 Relates to breaches of security involving personal information; and relates to credit report security freezes. |
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| S.B. 149 Relates to breaches of security involving personal information; and relates to credit report security freezes. |
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| S.B. 180 Relates to breaches of security involving personal information, consumer report security freezes, protection of Social Security numbers, disposal of records, and the accuracy of reports on credit history, score, and ranking. |
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| California | A.B. 1694 Requires a consumer credit reporting agency, upon the request of a consumer whose personal information was breached by a computerized data system, to place a security freeze on the consumer’s credit report without charge to the consumer for this service. Authorizes the consumer credit reporting agency to charge the agency responsible for the breach, and requires the consumer to submit a copy of notification of the breach to the consumer credit reporting agency, as a condition of receiving the security freeze. Makes related findings and declarations of the Legislature. Requires a consumer credit reporting agency to notify each consumer who is the subject of a consumer credit report of each instance that a new account is entered on the consumer’s report if the address on the credit application is different from the last address on record held by the consumer credit reporting agency. |
| Colorado | S.B. 137 Signed by governor 6/1/05, Chapter 226 Permits a consumer to put a security freeze on his or her credit report. Allows the consumer to temporarily lift the security freeze to allow a particular entity access to the credit report for the purpose of issuing or extending credit to the consumer. Requires a consumer reporting agency to maintain the security freeze until the consumer specifically requests its removal. Allows a consumer reporting agency to charge a fee for temporarily or permanently lifting the security freeze. Requires that a consumer be notified of the right to place a security freeze on his or her credit report each time the consumer receives a summary of the rights relating to credit reports. Allows a consumer to bring a private civil right of action or arbitration against a consumer reporting agency that releases credit information in violation of a security freeze. Permits the secretary of state to remove personal identifying information from publicly accessible documents maintained by the secretary of state. Makes theft of personal identifying information, with the intent to defraud, from a trash receptacle a class 1 misdemeanor if the person unlawfully enters the trash receptacle. |
| Connecticut | S.B. 650 Signed by governor 6/24/05, Public Act 05-148 Requires any credit bureau doing business in the state to enable residents to place a security freeze on the issuance of their credit report in order to prevent potential fraudulent access to an individual’s credit report. Such freeze would enable the resident to authorize the bureau to release the credit report to a potential lender, employer or landlord if such lender, employer or landlord was provided with a personal identification number by such resident. |
| S.B. 950 Failed Joint Favorable deadline 3/22/05 Provides consumers with the ability to place a security freeze on the issuance of their credit reports in order to prevent against identity theft. |
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| Delaware | S.B. 109 This Act creates a series of consumer protections for credit consumers in Delaware. The terms of this Act compliment the terms of the federal Fair Credit Reporting Act. Pursuant to this Act, whenever a consumer receives a summary of rights pursuant to the federal Act, the consumer must also receive written notice of his or her rights under this Act. One of the rights created by this Act is the right to have a “security freeze” put in place with each of the major credit reporting agencies in the country through which the consumer’s credit information may only be disclosed to a third party with the consumer’s prior consent. Under the terms of this Act, if a person wishes to receive a information about a consumer that has been frozen at the consumer’s request, the agency may tell the person that a security freeze is in place, but may only release the information after it receives written authorization from the consumer. This Act also establishes a method to address potential identity thefts. Pursuant to the terms of this Act, if a person learns or reasonably suspects they have been the victim of identity theft, s/he is entitled to have a police report that describes the details of the theft and to have a court of competent jurisdiction make expedited factual findings of his or her innocence in criminal matters where the person who stole his or her identity is being charged under his or her name. In the event of such an expedited factual finding, the court must provide the person with written documentation of the finding and the Delaware Department of Justice must keep the information on file for future reference. In order to encourage self-monitoring of consumer credit information by the consumer, this Act mandates the release of certain information to the consumer by credit reporting agencies. The agencies may charge up to $2.00 per request for the first 12 requests in a calendar year and up to $8.00 for each subsequent request during a calendar year. These charges may only be levied where the federal law does not prohibit them. General violations of this Act constitute a class B misdemeanor and are criminally punishable by a fine of up to $5,000 or up to 60 days imprisonment, or both. These violations may also be pursued in civil court and relief available under this Act include fines of up to $3,000 plus an award of damages equal to actual damages or $5,000 whichever is greater, plus reasonable court costs and attorney’s fees. In the event a credit reporting agency violates a security freeze put in place pursuant to this Act by releasing frozen information without the prior consent of the affected consumer, the affected consumer is entitled to all of the following: 1) Notification within five business days of the release of the information, including specificity as to the information released and the third party recipient of the information. 2) File a complaint with the Federal Trade Commission. 3) File a complaint with the Delaware Department of Justice. In a civil action against the consumer reporting agency recover: injunctive relief to prevent or restrain further violation of the security freeze, and/or a civil penalty in an amount not to exceed $10,000 for each violation plus any damages available under other civil laws, and reasonable expenses, court costs, investigative costs, and attorney’s fees. |
| District of Columbia | B16-0423 Authorizes consumers to place a security freeze prohibiting a credit reporting agency from releasing the consumer’s credit report without the consumer’s express authorization, establishes the procedures for establishing, temporarily lifting, and removing a security freeze, defines certain uses of a consumer credit report to which a security freeze does not apply, establishes that a consumer may not be charged for security freeze services, requires notification to consumers that they have the right to obtain a security freeze, establishes penalties for the violation of a security freeze, requires data collectors to notify affected individuals of a breach of the security of their personal information, establishes the methods by which a data collector may provide notification of a security breach, and provides remedies for a violation of the requirement to provide notification of a security breach. |
| Hawaii | H.B. 655 Carried over to 2006 session Allows the victims of identity theft to place a “security freeze” on their credit reports without the consumer’s express consent. |
| S.B. 764 Carried over to 2006 session Allows the victims of identity theft to place a “security freeze” on their credit reports without the consumer’s express consent. |
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| Illinois | H.B. 1058 Signed by governor 6/24/05, Public Act 94-0074 Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a consumer who has been the victim of identity theft may place a security freeze on his or her credit report by making a request in writing by certified mail to a consumer credit reporting agency with a valid copy of a police report, investigative report, or complaint that the consumer has filed with a law enforcement agency about unlawful use of his or her personal information by another person. Requires a credit reporting agency to place a security freeze on a consumer’s credit report no later than five business days after receiving a written request from the consumer. Provides that if the consumer wishes to allow his or her credit report to be accessed for a specific party, parities, or period of time while a freeze is in place, he or she shall contact the consumer credit reporting agency, request that the freeze be temporarily lifted, and provide certain information. Provides that if a security freeze is in place, a credit reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer’s file: (i) name, (ii) date of birth, (iii) Social Security number, and (iv) address. Provides that certain entities are not required to place a security freeze in a credit report provided certain conditions are met. Defines “proper identification.” |
| H.B. 4038 Creates the Consumer Credit Report Security Freeze Act. Provides that a consumer may elect to place a security freeze on his or her credit report through sending a written request, by certified mail, to a consumer credit reporting agency. Provides that a consumer credit reporting agency shall place a security freeze on a consumer’s credit report, no later than five business days after receiving a written request from the consumer and shall send a written confirmation of the security freeze to the consumer within 10 business days. Provides that a consumer credit reporting agency shall remove or temporarily lift a security freeze placed on a consumer’s credit report if: (1) the consumer authorizes a release; or (2) the consumer’s credit report was frozen due to a material misrepresentation of fact by the consumer. Provides that a consumer credit reporting agency shall notify a person who requests a consumer report or score that a security freeze is in effect. Imposes a reasonable fee on a consumer for placing a security freeze on his or her file. Exempts certain entities from receiving a consumer report with a security freeze or placing a security freeze in a consumer credit report. |
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| S.B. 1892 Passed Senate 4/13/05 Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a consumer who has been the victim of identity theft may place a security freeze on his or her credit report by making a request in writing by certified mail to a consumer credit reporting agency with a valid copy of a police report, investigative report, or complaint that the consumer has filed with a law enforcement agency about unlawful use of his or her personal information by another person. Requires a credit reporting agency to place a security freeze on a consumer’s credit report no later than five business days after receiving a written request from the consumer. Provides that if the consumer wishes to allow his or her credit report to be accessed for a specific party, parties, or period of time while a freeze is in place, he or she shall contact the consumer credit reporting agency, request that the freeze be temporarily lifted, and provide certain information. Provides that if a security freeze is in place, a credit reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer’s file: (i) name, (ii) date of birth, (iii) Social Security number, and (iv) address. Provides that certain entities are not required to place a security freeze in a credit report provided certain conditions are met. Defines “proper identification.” |
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| S.B. 1942 Creates the Credit Report Protection Act. Provides that a consumer may place a security alert in his or her credit report by making a request to a consumer credit reporting agency. Provides that a consumer credit reporting agency shall notify each person requesting consumer credit information, with respect to a consumer, of the existence of a security alert in the credit report of that consumer. Provides that a consumer may place a security freeze on his or her credit report by making a request to a consumer credit reporting agency. Provides that if a security alert or security freeze is in place, a consumer credit reporting agency shall not modify certain information in a consumer credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer’s file. Provides that a consumer credit reporting agency may charge a reasonable fee to a consumer that elects to freeze, remove the freeze, or temporarily lift the freeze, except that a consumer credit reporting agency shall not charge a fee to a victim of identity theft that has submitted a valid police report. Provides that a consumer credit reporting agency shall supply files and credit report information to a consumer during normal business hours and on reasonable notice, subject to certain conditions. Provides certain exemptions. |
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| Indiana | S.B. 178 Provides that a consumer may prevent access to the consumer’s credit report by requesting that the consumer reporting agency place a security freeze on the consumer’s credit report. Requires a consumer reporting agency to comply with a consumer’s request. Imposes other requirements and restrictions. Provides that a consumer may bring a civil action against a credit bureau for injury caused to the consumer by the consumer reporting agency’s violation of the law. |
| S.B. 261 Provides that a consumer may prohibit access to the consumer’s credit report by requesting a credit bureau to issue a security freeze. Provides that a consumer may bring a civil action against a credit bureau for injury caused to the consumer by the credit bureau. |
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| Kansas | H.B. 2438 Amends and supplements the Fair Credit Reporting Act; provides for nondisclosure of certain information under certain circumstances; provides remedies for violations. |
| Kentucky | H.B. 396 Creates a new section of KRS Chapter 367 to define “consumer credit reporting agency, “credit report”, “identity theft”, “proper identification”, “security alert”, and “security freeze”; creates a new section of KRS Chapter 367 to establish a procedure to allow a consumer to place a security alert on his credit report if the consumer’s identity may have been used without the consumer’s consent; creates a new section of KRS Chapter 367 to establish a procedure to allow a consumer to place a security freeze on his credit report, requiring the consumer’s authorization for release of his report by a consumer credit reporting agency; creates a new section of KRS Chapter 367 to prohibit a consumer credit reporting agency from changing a credit report if a security freeze is in effect without notifying the consumer, and requires the consumer reporting agency to provide a copy of the credit report to a consumer who has placed a security alert on his report at the end of the 90 day alert period; amends KRS 367.990 to provide a penalty of $2500 to a consumer credit reporting agency which recklessly, willfully, or intentionally fails to enforce a security alert or security freeze as provided in Sections 2 and 3 of this Act; provides that this Act may be cited as the “Consumer Credit Reporting Protection Act of 2005.” Exempts from the provisions allowing a security freeze on credit reports any person or entity using a credit report in preparation for a civil or criminal trial or an insurer in the investigation of a claim. |
| Maine | L.D. 581 Signed by governor 5/26/05, Chapter 243 Prohibits a consumer reporting agency from furnishing a consumer report or disclosing information about a consumer unless the consumer has authorized the disclosure if the consumer has given a copy of a police report to the consumer reporting agency that was prepared by a law enforcement agency in an investigation of identity theft involving the consumer. |
| L.D. 956 Allows a consumer to restrict the release of any information regarding that consumer by a consumer reporting agency without the express authorization of the consumer. A consumer reporting agency may charge a reasonable fee for this service unless the consumer has been a victim of identity theft. |
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| Maryland | H.B. 1569 Authorizes a consumer to elect to place a security freeze on the consumer’s credit report; establishes procedures for requesting a security freeze; requires a consumer reporting agency to place a security freeze on a consumer’s credit report within a specified number of business days after a request is made and to take specified actions within five business days after placing a security freeze on a consumer’s credit report. |
| S.B. 879 Prohibits a consumer reporting agency from furnishing information in a consumer’s file to a specified person for a period of six months if the consumer reporting agency receives specified written notice from the consumer; authorizes the consumer, at any time during the six-month period, to authorize the consumer agency to furnish information in the consumer’s file to a specified person by providing written notice to the consumer reporting agency. |
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| Massachusetts | H.B. 1443 Relates to establishing a consumer security alert plan. |
| H.B. 3961 Relates to identity theft and consumer report security freezes. |
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| S.B. 184 Prevents identity theft and establishes a victim’s bill of rights and a consumer report security freeze. |
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| S.B. 237 Relates to identity theft and consumer report security freezes. |
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| Michigan | H.B. 4672 Requires certain credit reporting agencies to place security alerts and security freezes on certain consumer credit information; authorizes and limits fees; and provides remedies. |
| S.B. 377 Requires certain credit reporting agencies to place security alerts and security freezes on certain consumer credit information; authorizes and limits fees; and provides remedies. |
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| S.B. 833 Requires certain credit reporting agencies to place security alerts and security freezes on certain consumer credit information; authorizes and limits fees; and provides remedies. |
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| Minnesota | H.F. 1943 S.F. 2002 Authorizes a consumer to place a security freeze on the consumer’s credit report; provides notice of this right; provides protections against identity theft; provides Social Security number protections; provides credit monitoring; provides for the adequate destruction of personal records; provides civil and criminal penalties. |
| S.F. 2193 Authorizes a consumer to place a security alert on a consumer credit report. |
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| Missouri | S.B. 506 Prohibits the sharing of personal financial information with any unauthorized person unless the individual consents to the share. Requires a business or person that conducts business in the state that owns or licenses computerized data, to disclose any breach of security of that data, to any citizen of this state whose information may, or may very well have been, acquired by an unauthorized person. Notification requirements are laid out in the act. Allows for individuals to place security alerts and security freezes on their credit report, notifying any recipient of the report that the individual may have been a victim of identity theft, and prohibiting the release of the individual’s information without the express consent of the consumer. Details the obligations of consumer reporting agencies in response to this option. The act has a penalty provision for violations – Class A misdemeanor, fines up to $1,000 or imprisonment for up to one year. |
| Nevada | S.B. 80 Signed by governor 6/13/05, Chapter 391 Allows a consumer to ask a credit reporting agency to place a security freeze on his consumer report. A security freeze prohibits the release of a consumer report to most other persons without the express authorization of the consumer. Exempts certain companies that issue reports on fraud and certain resellers of credit information from the requirement to place a security freeze on a consumer report. Allows a credit reporting agency to release a consumer report to governmental agencies and certain other persons for specific purposes even though a security freeze is in place. |
| New Jersey | A.B. 3274 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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| A.B. 4001 Signed by governor 9/22/05 S.B. 1914 Substituted 6/23/05 S.B. 2665 Allows victims of identity theft to obtain an official incident record from their local law enforcement agency if the victim has learned or reasonably suspects that he has been a victim of identity theft. The victim may contact their local law enforcement agency to make a complaint and provide the victim with a police report. Establishes a procedure whereby a victim of identity theft could obtain a factual determination of innocence and access a statewide identity theft registry. After an order has been issued, the court may order that the name and personal identifying information of the victim contained in court records, files and indexes be deleted, sealed or labeled to show that the data is impersonated and does not reflect the defendant’s identity. Requires the Administrative Office of the Courts (AOC) to establish and maintain a data base of persons who have been victims of identity theft and that have received determinations of factual innocence. Access to the database would be limited to criminal justice agencies, victims of identity theft and any other persons and agencies authorized by the victims. The AOC would also be required to establish a toll-free number to provide access information to victims of identity theft. 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 either in writing by certified mail or by a telephone request with certain accompanying personal identifying information; or within three business days of receiving a secure electronic mail request, and prohibits the release of information from the report while the freeze is in place, except as provided by the bill. Provides that the consumer reporting agency shall provide notice to a consumer of the availability and mechanics of the security freeze in a notice, the form of which is provided in the bill, at any time a consumer is required to receive a summary of rights under section 609 of the federal “Fair Credit Reporting Act.” Requires a consumer reporting agency to provide a consumer with 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. A consumer reporting agency that negligently or willfully violates the security freeze sections of the bill shall notify the consumer of the misconduct within five business days and may be subject to civil and injunctive penalties. Any data collector that owns or uses personal information concerning a New Jersey resident shall notify the resident that there has been a security breach related to the data following discovery or notification of the breach. The disclosure notifications shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement. The disclosure may be delayed, however, if a law enforcement agency determines that notification will impede a criminal investigation. Any data collector that maintains computerized data that includes personal information that the data collector does not own shall notify the owner or licensee of the information of any breach of the security of the system immediately following discovery. Any individual injured by a violation of the security breach section of the bill may institute a civil action to recover damages or injunctive relief. Requires any business that conducts business in New Jersey and any business that maintains or otherwise possesses personal information of New Jersey residents must take all reasonable measures to protect against unauthorized access to or use of that information in connection with or after its disposal. Further, the procedures used in the destruction and disposal of the personal records must be comprehensively described and classified as official policy in the writings of the business entity. A violation of the destruction of records provisions of the bill shall be punishable by a civil penalty not to exceed $3,000 for each violation, injunctive relief and actual damages, costs and reasonable attorney’s fees. Prohibits any person, including a public or private entity from: (1) intentionally communicating or otherwise making available to the public an individual’s Social Security number; (2) printing an individual’s Social Security number on any card required for the individual to access products or services provided by the person; (3) requiring an individual to transmit his Social Security number over the Internet, unless the connection is secure or the Social Security number is encrypted; (4) requiring an individual to use his Social Security number to access an Internet website, unless a password or unique personal identification number or other authentication device is also required to access the Internet website; (5) printing an individual’s Social Security number on any materials that are mailed to the individual, unless State or federal law requires the Social Security number to be on the document to be mailed; (6) selling, leasing, loaning, trading, renting, or otherwise disclosing an individual’s Social Security number to a third party for any purpose without written consent to the disclosure from the individual; or (7) refusing to do business with an individual because the individual will not consent to the receipt by that person of the Social Security number of that individual, unless that person is expressly required under State or federal law, in connection with doing business with an individual, to submit to the state or federal government, as applicable, that individual’s Social Security number. Unauthorized use of a Social Security number is punishable by a $3,000 fine for a negligent violation, and a $5,000 fine or up to 15 days imprisonment, or both, for knowingly violating this section. An aggrieved individual may recover actual damages or $5,000, whichever is greater, plus reasonable attorney’s fees and court costs. |
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| New Mexico | S.B. 701 Relates to consumer protection; allows consumers to put security alerts or freezes on their credit reports or have information in credit reports blocked if their identity may have been used without their consent. |
| New York | A.B. 1525 Requires any banking institution that owns or licenses data that includes personal identifying information to disclose any breach of security following discovery or notification of such breach to any person whose personal identification was, or is reasonably believed to have been, acquired by an unauthorized person; defines personal identifying information and breach of security; further allows for a consumer to elect for a security freeze on his or her consumer report to prevent identity theft; establishes procedures to allow consumers to put a “security freeze” on their consumer information; provides for enforcement by the attorney general. |
| A.B. 2785 S.B. 5337 Provides consumers may elect to place security freezes on consumer reports by making such request to consumer reporting agencies; defines “security freeze” as notice placed on a consumer report, at the request of the consumer and subject to certain exceptions, that prohibits the consumer reporting agency from releasing such consumer’s credit report or consumer report without the express authorization of such consumer. |
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| A.B. 7165 S.B. 2950 Allows a consumer to place a security alert or a security freeze on his or her consumer report for the purposes of protecting their consumer report information; defines security alert and security freeze; allows for a fee for a security freeze in certain circumstances. |
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| A.B. 7349 Enacts provisions to prevent identity theft and mitigate detriments arising from identity theft; establishes procedures to allow consumers to put a “security freeze” on their consumer information; provides for enforcement by the attorney general. |
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| A.B. 8601 Permits individual consumers making written requests to place a security alert on their credit report to select a third party in addition to themselves, such as a child, to receive notification of activity if the consumer credit report freeze has been lifted. |
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| S.B. 3494 Enacts the Identity Theft Prevention and Mitigation Act; establishes procedures to allow consumers to put a “security freeze” on their consumer information; provides for enforcement by the attorney general and security of Social Security account numbers; and provides for notice of information of breach of security. |
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| North Carolina | H.B. 608 S.B. 921 Requires any consumer credit reporting agency to, upon the written request of a consumer, place a security freeze that prohibits the agency from providing a consumer’s credit report to a third party. |
| H.B. 629 Passed House 5/26/05 Requires any consumer credit reporting agency to, upon the written request of a consumer, place a security freeze that prohibits the agency from providing a consumer’s credit report to a third party. |
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| H.B. 1248 Passed House 5/23/05 S.B. 1048 Signed by governor 9/21/05, Session Law 414 Enacts the Identity Theft Protection Act of 2005, including consumer report security freezes and protections for Social Security numbers. |
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| Ohio | H.B. 339 Allows a consumer to place a security freeze on the consumer’s credit report. |
| Oregon | H.B. 2412 Requires a consumer reporting agency at the request of a consumer to stop furnishing a consumer report about the consumer. Requires the consumer reporting agency to inform the consumer of his/her right to stop the furnishing of his/her consumer report. Creates exceptions to requirements. Authorizes the director of Department of Consumer and Business Services to investigate and punish violations of Act. Makes violation of Act unlawful trade practice. |
| S.B. 627 Requires a consumer reporting agency at the request of a consumer to discontinue furnishing consumer reports about the consumer. Requires the consumer reporting agency to inform a consumer of the right to request that agency discontinue furnishing the consumer report. Creates exceptions to requirements. Authorizes the director of the Department of Consumer and Business Services to investigate violations of Act and impose a civil penalty of up to $10,000 for each violation. Makes violation of Act unlawful trade practice. |
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| S.B. 1057 Requires person that owns or uses personal information to notify individual and consumer reporting agencies when there is breach of security that may result in misuse of personal information. Requires consumer reporting agency receiving notice of potential misuse of personal information to place security alert in relevant credit reports. Requires consumer reporting agency, at request of consumer, to place security freeze on consumer reports about consumer. Creates exceptions to requirements. Prohibits disclosure of Social Security number of individual. Provides exceptions. Punishes violation by maximum of one year’s imprisonment, $6,250 fine, or both. Requires person maintaining or possessing records containing personal information to take measures to protect against unauthorized access to or use of information prior to disposal or destruction of information. Allows private cause of action for damages. Makes violation of provisions of Act unlawful trade practice. |
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| Pennsylvania | H.B. 1243 Provides for protection from identity theft, for security alerts and freezes, for procedures for access after imposition and removal of security freezes and for confidentiality of Social Security numbers. |
| S.B. 180 Provides for protection from identity theft, for security alerts and freezes, for procedures for access afterimposition and removal of security freezes and for related matters. |
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| Rhode Island | S.B. 1110 Creates a credit freeze on a consumer’s credit report which would restrict the release of a consumer’s credit report or information therefrom at the consumer’s request. |
| South Carolina | S.B. 423 Enacts the South Carolina Consumer Report Security Freeze Act, provides for a freeze on the release of a consumer file by a consumer credit reporting agency upon the request of a consumer who is the victim of identity theft, procedures for implementing and removing the freeze, applicability of and exemptions from the freeze, and penalties for violation of these provisions. |
| Texas | S.B. 100 Passed Senate 4/25/05 Relates to a request for placement of a security freeze on a consumer file maintained by a consumer reporting agency. |
| Utah | S.B. 39 Enacting clause struck 3/2/05 Enacts the Consumer Credit Protection Act; defines terms; allows a consumer to place a security freeze on the consumer’s credit report; provides the method by which a consumer may: place a security freeze on the consumer’s credit report; remove, permanently or temporarily, a security freeze; or authorize release of the consumer’s credit report to a specific person; prohibits a credit reporting agency from furnishing a consumer’s credit report if the credit report is subject to a security freeze; provides exceptions to the prohibition on a credit reporting agency’s furnishing of a credit report subject to a security freeze; provides deadlines for a credit reporting agency’s response to a consumer’s request for a security freeze; requires a credit reporting agency to make certain notifications to the consumer; allows a credit reporting agency to charge a reasonable fee for services related to the placement and removal of a security freeze; and allows a civil action by a consumer damaged by a credit reporting agency’s noncompliance with the provisions of the Consumer Credit Protection Act. |
| Washington | H.B. 1468 Authorizes a consumer to elect to place a security freeze on his or her credit report by making a request in writing by certified mail to a consumer reporting agency. If a security freeze is in place, information from a consumer’s credit report may not be released to a third party without prior express authorization from the consumer. Does not prohibit 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 place a security freeze on a consumer’s credit report no later than five business days after receiving a written request from the consumer. Provides that, if a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a consumer report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer’s file: Name, date of birth, Social Security number, and address. Declares that the following entities are not required to place a security freeze on a consumer: (1) A check services or fraud prevention services company, which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments; or (2) A demand deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information regarding a consumer, to inquiring banks or other financial institutions for use only in reviewing a consumer request for a demand deposit account at the inquiring bank or financial institution. Provides that any consumer who suffers damages as a result of a violation of this act by any person may bring an action in a court of appropriate jurisdiction against that person to recover the following: (1) In the case of a negligent violation, actual damages, including court costs, loss of wages, attorneys’ fees and, when applicable, pain and suffering. (2) In the case of a willful violation: (a) Actual damages; (b) punitive damages of not less than $100 nor more than $5,000 for each violation; and (c) any other relief that the court deems proper. |
| S.B. 5418 Signed by governor 5/9/05, Chapter 342 Declares that a “security freeze” means a notice placed in a consumer’s credit report, at the request of the consumer and subject to certain exceptions, that prohibits the consumer credit reporting agency from releasing the consumer’s credit report or any information from it without the express authorization of the consumer. If a security freeze is in place, information from a consumer’s credit report may be released to a third party without prior express authorization from the consumer. Does not prevent a consumer credit reporting agency from advising a third party that a security freeze is in effect with respect to the consumer’s credit report. |
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