US 2008 Consumer Report Security Freeze Legislation Resources in United States

US 2008 Consumer Report Security Freeze Legislation Resources

State:	Bill Summary:
Alabama	H.B. 404 Creates a procedure for consumers to follow in placing a security freeze on a consumer report or credit report. The bill requires consumer credit reporting agencies that do business in Alabama to place a security freeze on a consumer’s credit report upon request by the consumer along with payment of a fee to the consumer reporting agency. This bill creates a cause of action for damages incurred as a result of a consumer reporting agency’s failure to place a security freeze on a consumer’s credit report. This bill also provides for exceptions.
Alaska	H.B. 65 Signed by governor 6/13/08, Chapter 92 Relates to breaches of security involving personal information, credit report and credit score security freezes, consumer credit monitoring, credit accuracy, protection of Social Security numbers, care of records, disposal of records, identity theft, furnishing consumer credit header information, credit cards, and debit cards, and to the jurisdiction of the office of administrative hearings.
	S.C.R. 35 Adopted 4/12/08 Suspends Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 65, relating to breaches of security involving personal information, credit report and credit score security freezes, protection of Social Security numbers, care of records, disposal of records, identity theft, credit cards, and debit cards, and to the jurisdiction of the office of administrative hearings; and amending Rules 60 and 82, Alaska Rules of Civil Procedure.
Arizona	H.B. 2604 Authorizes security freezes on consumer credit reports.
	S.B. 1185 Signed by governor 4/16/08, Chapter 43 Establishes procedures and requirements for a consumer to request and a credit reporting agency to place or lift a security freeze on the consumer’s credit report.
California	A.B. 372 Passed Assembly 1/28/08 Requires that a request for a security freeze be sent by mail rather than by certified mail and requires a consumer credit reporting agency to place a security freeze within three business days after receiving a request from a consumer. The bill authorizes an agency to charge a fee of no more than $10 to a consumer under 65 years of age and $5 to a consumer 65 years of age or older for placing, temporarily lifting, or permanently removing a security freeze, except as specified. The bill makes certain changes to the written summary of rights.
Georgia	H.B. 130 Signed by governor 5/13/08, Act 568 Provides for security freezes; provides for definitions; provides for procedures for placing, removing, and temporarily lifting a security freeze; provides for fees; provides for a penalty for violations; provides for notice to consumers.
	S.B. 361 Passed Senate 2/19/08 Provides for security freezes on consumer credit accounts; provides for definitions; provides for procedures for placing, removing, and temporarily lifting a security freeze; provides for fees; provides for a penalty for violations; provides for notice to consumers.
Idaho	S.B. 1380 Signed by governor 3/18/08, Chapter 177 Adds to and repeals existing law relating to protection of credit reports to provide a short title; to define terms; to provide a security freeze on a consumer’s credit report; provides for removal of a security freeze and for requirements and timing; provides for changes to information in a credit report subject to a security freeze; provides for protection of personal information; and provides enforcement.
Illinois	H.B. 5177 Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a consumer reporting agency shall ensure that any information provided to a consumer via an Internet website, telephone, fax, or other electronic means is accurate, reflects the provisions of the listed section, and includes: a link that is clearly posted on the home page of the consumer reporting agency’s Internet website to information on how to place, temporarily lift, and remove a security freeze; and information on placing a security freeze and the designated address for submitting a request that is available via all telephone, fax, Internet, or other electronic means.
Iowa	H.F. 2242 Creates new Code chapter 714F that allows an individual, the consumer, to place a hold on the individual’s consumer report to prevent a consumer reporting agency from releasing any information relating to the individual’s creditworthiness without first obtaining the individual’s express authorization. This “security freeze” may be temporarily suspended to allow a consumer reporting agency to release a consumer report for a specific time period or to a specific third party. A security freeze remains in effect until the individual requests its removal. The bill provides that a consumer reporting agency cannot charge any fees to an individual who is the victim of identity theft. Other individuals pay a fee up to $10 per security freeze, removal, or for reissuing a necessary password if the individual fails to retain it, and up to $12 per temporary suspension request. The bill addresses third parties that seek a consumer report, misrepresentation of a material fact by an individual, and lists exceptions to the security freeze, including a person with a prior debtor-creditor relationship. The bill provides for changes in the consumer report and makes certain entities also subject to a security freeze. The bill provides that a waiver of the protection offered by the security freeze provision is void and unenforceable. The bill contains enforcement provisions. A violation is an offense under Code §714.16 and is subject to enforcement, including injunctive relief and money damages, by the attorney general.
	H.F. 2322 Creates new Code chapter 714F that allows an individual, the consumer, to place a hold on the individual’sconsumer report to prevent a consumer reporting agency from releasing any information relating to the individual’s creditworthiness without first obtaining the individual’s express authorization. This “security freeze” may be temporarily suspended to allow a consumer reporting agency to release a consumer report for a specific time period or to a specific third party. A security freeze remains in effect until the individual requests its removal. The bill provides that a consumer reporting agency cannot charge any fees to an individual who is the victim of identity theft. Other individuals may be required to pay a reasonable fee per security freeze or removal, or for reissuing a necessary identification number or password if the individual fails to retain it, and per temporary suspension request, in an amount determined by the superintendent of banking by rule. The bill addresses third parties that seek a consumer report, misrepresentation of a material fact by an individual, and lists exceptions to the security freeze, including a person with a prior debtor-creditor relationship. The bill provides for changes in the consumer report and makes certain entities also subject to a security freeze. The bill provides that a waiver of the protection offered by the security freeze provision is void and unenforceable. The bill contains an enforcement provision. A violation is an offense under Code §714.16, and as such would be subject to enforcement, including injunctive relief and money damages, by the attorney general.
	H.F. 2353 Creates new Code chapter 714F that allows an individual, the consumer, to place a hold on the individual’sconsumer report to prevent a consumer reporting agency from releasing any information relating to the individual’s creditworthiness without first obtaining the individual’s express authorization. This “security freeze” may be temporarily suspended to allow a consumer reporting agency to release a consumer report for a specific time period or to a specific third party. A security freeze remains in effect until the individual requests its removal.The bill provides that a consumer reporting agency cannot charge any fees to an individual who is the victim of identify theft. Other individuals pay a fee up to $10 per security freeze, removal, or for reissuing a necessary password if the individual fails to retain it, and up to $12 per temporary suspension request. The bill addresses third parties that seek a consumer report, misrepresentation of a material fact by an individual, and lists exceptions to the security freeze, including a person with a prior debtor-creditor relationship. The bill provides for changes in the consumer report and makes certain entities also subject to a security freeze. The bill provides that a waiver of the protection offered by the security freeze provision is void and unenforceable. The bill contains enforcement provisions. A violation of new Code chapter 714F is an offense under Code §714.16 and is subject to enforcement, including injunctive relief and money damages, by the attorney general.
	S.F. 2165 Creates new Code chapter 714F that allows an individual, the consumer, to place a hold on the individual’s consumer report to prevent a consumer reporting agency from releasing any information relating to the individual’s creditworthiness without first obtaining the individual’s express authorization. This “security freeze” may be temporarily suspended to allow a consumer reporting agency to release a consumer report for a specific time period or to a specific third party. A security freeze remains in effect until the individual requests its removal. The bill provides that a consumer reporting agency cannot charge any fees to an individual who is the victim of identity theft. Other individuals pay a fee up to $10 per security freeze, removal, or for reissuing a necessary password if the individual fails to retain it, and up to $12 per temporary suspension request. The bill addresses third parties that seek a consumer report, misrepresentation of a material fact by an individual, and lists exceptions to the security freeze, including a person with a prior debtor-creditor relationship. The bill provides for changes in the consumer report and makes certain entities also subject to a security freeze. The bill provides that a waiver of the protection offered by the security freeze provision is void and unenforceable. The bill contains enforcement provisions. A violation is an offense under Code §714.16 and is subject to enforcement, including injunctive relief and money damages, by the attorney general.
	S.F. 2277 Signed by governor 4/11/08 S.S.B. 3213 Became S.F. 2277 2/28/08 Creates new Code chapter 714F that allows an individual, the consumer, to place a hold on the individual’s consumer report to prevent a consumer reporting agency from releasing any information relating to the individual’s creditworthiness without first obtaining the individual’s express authorization. This “security freeze” may be temporarily suspended to allow a consumer reporting agency to release a consumer report for a specific time period or to a specific third party. A security freeze remains in effect until the individual requests its removal. The bill provides that a consumer reporting agency cannot charge any fees to an individual who is the victim of identity theft. Other individuals pay a fee up to $10 per security freeze, removal, or for reissuing a necessary password if the individual fails to retain it, and up to $12 per temporary suspension request. The bill addresses third parties that seek a consumer report, misrepresentation of a material fact by an individual, and lists exceptions to the security freeze, including a person with a prior debtor-creditor relationship. The bill provides for changes in the consumer report and makes certain entities also subject to a security freeze. The bill provides that a waiver of the protection offered by the security freeze provision is void and unenforceable. The bill contains enforcement provisions. A violation is an offense under Code §714.16 and is subject to enforcement, including injunctive relief and money damages, by the attorney general.
Kansas	H.B. 2852 Amends existing law concerning fair credit reporting, security freezes on consumer reports, and protection of consumer information. Allows veterans or members of the military on active duty to request a security freeze if they have been notified of a security breach or reasonably suspect that they may become a victim of identity theft.
	H.B. 2880 Under current law, a security freeze may be placed on a consumer report in the event of identity theft. This bill allows a security freeze be placed at any time. The bill also allows a consumer reporting agency to release the person’s report or credit score if express authorization is given.
	S.B. 644 Amends the Fair Credit Reporting Act to allow placement of a security freeze on a consumer credit report. The bill requires law enforcement agencies to file a police report, for victims of identity theft. Requires consumer reporting agencies to receive security freeze requests from consumers by telephone, website, email, or fax by September 1, 2008. Consumer reporting agencies would be required to place a security freeze no later than 15 minutes after receiving the request. If a consumer reporting agency receives a security freeze request by a written request, the agency would have three business days after receiving the consumer’s request to place a security freeze. Effective July 1, 2009, the consumer reporting agency must place the security freeze on the consumer’s report no later than 24 hours after receiving a written request. The bill designates allowable fees for placing security freezes. No charge is allowed for a security freeze placement request (or the temporary lifting of or removal of the freeze) by a consumer who is a victim or suspected victim of identity theft. For consumers who are not victims or suspected victims of identity theft, a fee of up to $5 may be assessed for placement or removal of a security freeze; however, no fee may be assessed for the temporary lifting of a security freeze. Finally, a fee of not more than $5 may be assessed by the consumer reporting agency if a consumer loses the personal identification number provided by the consumer reporting agencies.
Massachusetts	H.B. 265 Authorizes a consumer reporting agency to place a security freeze at the request of a consumer.
	H.B. 291 Authorizes a consumer reporting agency to place a security freeze at the request of a consumer.
	H.B. 328 Authorizes a consumer reporting agency to place a security freeze at the request of a consumer.
	H.B. 1355 Authorizes a consumer reporting agency to place a security freeze at the request of a consumer.
	S.B. 161 Authorizes a consumer reporting agency to place a security freeze at the request of a consumer.
	S.B. 163 Authorizes a consumer reporting agency to place a security freeze at the request of a consumer.
	S.F. 232 Authorizes a consumer to elect to place a security freeze on the consumer’s consumer report; establishes procedures for requesting a security freeze.
Michigan	H.B. 4103 Passed House 3/20/07 Requires certain credit reporting agencies to place security alerts and security freezes on certain consumer credit information; authorizes and limits fees; and provides remedies.
	H.B. 4178 Requires certain consumer reporting agencies to place security freezes on certain consumer credit information; authorizes and limits fees; and provides remedies.
	S.B. 75 Passed Senate 5/23/07 Requires certain consumer reporting agencies to place security freezes on certain consumer information; authorizes and limits fees; and provides remedies.
	S.B. 340 Passed Senate 5/23/07 Requires certain consumer reporting agencies to place security freezes on certain consumer information; authorizes and limits fees; and provides remedies.
Minnesota	H.F. 1665 Indefinitely postponed 4/10/08 S.F. 1578 Signed by governor 4/21/08, Chapter 211 Regulates security freezes on consumer reports; provides for the payment of fees.
Mississippi	H.B. 574 Died in committee 2/19/08 Amends §75-24-201 to delete the requirement that a consumer must provide to a consumer reporting agency a law enforcement report regarding the unlawful use of the consumer’s personal information before the consumer may have a security freeze placed on his or her consumer file.
	H.B. 1036 Died in committee 2/19/08 Authorizes a consumer to place a security freeze on his or her credit report, which will prohibit a consumer reporting agency from releasing the consumer’s credit report or any information from it without the express authorization of the consumer; requires consumer reporting agencies to place a security freeze on a consumer’s credit report within five business days after receiving a written request from the consumer; provides that a security freeze will remain in place until the consumer requests that the security freeze be removed; requires consumer reporting agencies to remove a security freeze within three business days of receiving a request for removal from the consumer; provides for certain exceptions to the requirements of this act; provides that any person whose property or person is injured by reason of a violation of this act may sue for civil damages; amends §75-24-5 to conform to the preceding provisions.
Missouri	H.B. 1384 Sent to governor 5/29/08 Specifies the procedures for a person to place a security freeze on his or her consumer report. A consumer reporting agency will remove or temporarily lift a freeze upon the consumer’s request. A consumer credit reporting agency must disclose in writing to the consumer a summary of his or her rights under Missouri law. Any person violating these requirements may be liable for any actual damages sustained by the consumer as a result of his or her negligence and the costs and attorney fees associated with any lawsuit. Any person who has learned or reasonably suspects that he or she has been the victim of identity theft will be allowed to file and receive a copy of a police report with the local law enforcement agency with jurisdiction over his or her residence. If the jurisdiction for the investigation and prosecution of the crime lies elsewhere, the local law enforcement agency may refer the complaint to an enforcement agency in that jurisdiction. The bill also specifies that any person who manufactures or possesses five or more fictitious or forged means of identification with the intent to distribute to others for the purpose of committing a crime will be guilty of a class C felony.
	H.B. 1385 Establishes the Consumer Report Security Freeze Act and defines “consumer,” “consumer report,” “consumer reporting agency,” “employment purposes,” “file,” and “security freeze.” Procedures are established for a person to place a security freeze on his or her consumer report, and a consumer reporting agency will remove or temporarily lift a freeze upon the consumer’s request or if the consumer report was frozen due to a material misrepresentation of fact by the consumer.
	H.B. 1493 Establishes the Identity Theft Prevention Act which specifies the procedures for a person to place a security freeze on his or her consumer report. A consumer reporting agency will remove or temporarily lift a freeze upon the consumer’s request or if the consumer report was frozen due to a material misrepresentation of fact by the consumer. A consumer credit reporting agency must disclose in writing to the consumer a summary of his or her rights under Missouri law. Any person violating these requirements may be liable for any actual damages sustained by the consumer as a result of his or her negligence and the costs and attorney fees associated with any lawsuit.
	H.B. 1618 Establishes the Missouri Consumer Report Security Freeze Act and defines “consumer,” “consumer report,” “consumer reporting agency,” “employment purposes,” and “security freeze.” Procedures are established for a person to place a security freeze on his or her consumer report, and a consumer reporting agency must remove or temporarily lift a freeze upon the consumer’s request or if the consumer report was frozen due to a material misrepresentation of fact by the consumer.
	H.B. 1635 Changes the laws regarding the release of personal information to unauthorized persons. In its main provisions, the bill: (1) Prohibits financial institutions from disclosing a customer’s personal financial information to unauthorized persons unless the customer’s consent has been given; (2) Requires a person or company conducting business in this state that owns or licenses computerized data containing personal information to disclose any breach of security of that data to any resident whose information was or may have been acquired by an unauthorized person. Any person or company who violates this provision will be guilty of a class A misdemeanor and subject to a fine of up to $1,000, imprisonment for up to one year, or both; (3) Allows a person to place on his or her credit report a security alert notifying recipients of the report that the person may have been a victim of identity theft or a security freeze prohibiting the release of the person’s information without authorization; and (4) Requires consumer reporting agencies to supply the consumer with a copy of his or her credit file.
	H.B. 1746 This bill defines “breach of security of the system,” “personal information,” “proper identification,” “security alert,” and “security freeze.” Any person or company that conducts business in Missouri and owns or licenses computerized data which includes personal information is required to disclose a breach of security to any resident whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Notification must be made within 30 days of the discovery of the breach and may be given by written or electronic notice. Substitute notice may be given if the cost of providing notice would exceed $250,000. Violation of this requirement will be a class A misdemeanor. A consumer is allowed to place a security alert or freeze on his or her credit report. Once a security alert has been placed on a report, a consumer credit reporting agency will notify each person requesting consumer credit information of the alert. 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, and a consumer credit reporting agency will not change any of the identification information in a report without sending a written confirmation of the change to the consumer. A consumer credit reporting agency must disclose in writing to the consumer a summary of his or her rights under Missouri law. Any person violating the requirements of the bill may be liable for any actual damages sustained by the consumer as a result of his or her negligence and the costs and attorney fees associated with any lawsuit. Any person convicted of the crime of identity theft which resulted in the theft of credit, money, goods, services, or other property of less than $500 from a disabled or elderly person will be guilty of a class D felony. If the theft of credit, money, goods, services, or other property was more than $500 but not exceeding $5,000 and the victim is a disabled or elderly person, it will be a class B felony.
	H.B. 1809 Establishes the Identity Theft Prevention Act which specifies the procedures for a person to place a security freeze on his or her consumer report. A consumer reporting agency will remove or temporarily lift a freeze upon the consumer’s request or if the consumer report was frozen due to a material misrepresentation of fact by the consumer. A consumer credit reporting agency must disclose in writing to the consumer a summary of his or her rights under Missouri law. Any person violating the requirements of the substitute may be liable for any actual damages sustained by the consumer as a result of his or her negligence and the costs and attorney fees associated with any lawsuit.
	H.B. 1964 Establishes the Identity Theft Prevention Act which specifies the procedures for a person to place a security freeze on his or her consumer report. The bill defines “consumer,” “consumer report,” “consumer reporting agency,” “employment purposes,” “file,” and “security freeze.” A consumer reporting agency will remove or temporarily lift a freeze upon the consumer’s request or if the consumer report was frozen due to a material misrepresentation of fact by the consumer. A consumer credit reporting agency must disclose in writing to the consumer a summary of his or her rights under Missouri law. Any person violating the provisions of the bill may be liable for any actual damages sustained by the consumer as a result of his or her negligence and the costs and attorney fees associated with any lawsuit.
	H.B. 2161 Establishes the Missouri Consumer Report Security Freeze Act and defines “consumer,” “consumer report,” “consumer reporting agency,” “employment purposes,” and “security freeze.” Procedures are established for a person to place a security freeze on his or her consumer report, and a consumer reporting agency must remove or temporarily lift a freeze upon the consumer’s request or if the consumer report was frozen due to a material misrepresentation of fact by the consumer. A consumer credit reporting agency must disclose in writing to the consumer a summary of his or her rights under Missouri law. Any person violating the provisions of the bill may be liable for any actual damages sustained by the consumer as a result of his or her negligence and the costs and attorney fees associated with any lawsuit.
	H.B. 2173 Combined with H.B. 1809 3/6/08 Establishes procedures for a person to place a security freeze on his or her consumer report and requires a consumer reporting agency to remove or temporarily lift a freeze within one business day of a consumer’s request. A consumer credit reporting agency must disclose in writing to the consumer a summary of his or her rights under Missouri law. Any person violating the provisions of the bill may be liable for any actual damages sustained by the consumer as a result of his or her negligence and the costs and attorney fees associated with any lawsuit.
	H.B. 2263 Establishes the Consumer Report Security Freeze Act and procedures for a person to place a security freeze on his or her consumer report. A consumer reporting agency will remove or temporarily lift a freeze upon the consumer’s request or if the consumer report was frozen due to a material misrepresentation of fact by the consumer. A consumer has the right to bring a civil action against any person or agency who fails to comply with the provisions of the bill.
	S.B. 712 Allows a consumer to request that a “security freeze” be placed on his or her credit report, which prohibits credit reporting agencies from releasing the consumer’s credit report or credit score without specific authorization from the consumer. Credit reporting agencies are directed to place a freeze on any consumer’s credit report within five days of the receipt of such a request. The reporting agency must notify the consumer in writing within ten days of enacting the security freeze and must provide instructions for removing or temporarily lifting the freeze. No fee may be charged by a credit reporting agency for a consumer’s first security freeze request, but a fee up to $10 may be charged for any subsequent freeze request made by the same consumer. Credit reporting agencies may issue credit reports subject to a freeze in certain circumstances that include: when requested or authorized by the consumer, pursuant to a court order, during times when the freeze has been temporarily lifted by the consumer, when used for prescreening purposes, when requested by a child support enforcement agency, for certain insurance purposes, to anyone with whom the consumer has an existing debtor-creditor relationship, when requested by the state of Missouri to investigate fraud or collect delinquent taxes, when used by a credit monitoring service to which the consumer subscribes, or when otherwise allowable under federal law. Credit reporting agencies must supply any consumer who believes he or she has been a victim of identity theft with a summary of rights as specified. Credit reporting agencies that knowingly violate this act shall be liable for actual damages sustained by any affected consumer, the affected consumer’s court costs and reasonable attorney fees, and may be subject to other equitable relief assessed by a court.
	S.B. 882 Combined with H.B. 712 2/14/08 Allows consumers to request that a security freeze be placed on the issuance of their credit reports or credit scores by credit reporting agencies.
Nebraska	L.B. 831 Changes provisions of Nebraska’s credit information security freeze law passed in 2007 in LB 674. Makes three changes to this law: First, it removes the provision whereby the security freeze is lifted automatically after seven years. Secondly, it defines a minor for purposes of the security freeze as ages 19 and under. Thirdly, it lowers the fee to initially place the freeze from $15 to $5.
New York	A.B. 6067 Provides minimum standards in identification for individuals and agencies to access consumer reports that have security freezes placed on them.
	A.B. 8634 Passed Assembly 5/12/08 S.B. 5543 Provides consumers who are victims of domestic violence with a free security freeze report upon request.
	S.B. 7191 Requires consumer credit reporting agencies that receive requests from a consumer to temporarily lift a freeze on consumer’s credit report within three business days if request made by mail or within 15 minutes after electronic request made between 6:00 am and 9:30 pm eastern time.
	S.B. 8376 Relates to identity theft, protection of sensitive personal information, employee personal identifying information and crime of unlawful possession of skimmer device.
Ohio	H.B. 46 Signed by governor 5/6/08, Session Law 70 Requires a consumer reporting agency to place a security freeze on a consumer’s credit report in response to a consumer’s request.
	S.B. 6 Passed Senate 10/24/07 Allows a consumer to place a security freeze on the consumer’s credit report, specifies that Social Security numbers are confidential, specifies that certain personal information is not a public record, requires a public office to redact from a document that is otherwise a public record certain personal information, requires a public office to redact Social Security numbers and other confidential information from any document that is made available online to the public through the Internet, requires the Office of Criminal Justice Services to make state funding grants available to local law enforcement agencies for enforcement of identity fraud laws, requires the attorney general to support local law enforcement agencies with the enforcement of identity fraud laws, and enacts a special statute of limitations for criminal prosecutions and civil actions against identity fraud and amends the version of section 149.43 of the Revised Code that is scheduled to take effect September 29, 2007, to continue the provisions of this act on and after that effective date.
	S.B. 109 Allows a consumer to place a security freeze on the consumer’s credit report.
South Carolina	H.B. 4313 Enacts the South Carolina Consumer Credit 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 has reason to believe he is the victim of financial identity fraud, procedures for implementing and removing the freeze, applicability of and exemptions from the freeze, and penalties for violation of these provisions.
	S.B. 453 Signed by governor 4/2/08, Act 190 Enacts the “Financial Identity Fraud and Identity Theft Protection Act”, adds chapter 20 to title 37 providing for protections in connection with consumer credit-reporting agencies and with the use and communication of a consumer’s Social Security number, imposition of a security freeze on a consumer’s credit report, prescription of measures for disposal of personal identifying information and disclosure of unauthorized access to personal identifying information, and civil damages, including attorney’s fees and costs and injunctive relief; redesignates the Family Privacy Protection Act of chapter 2, title 30, as article 1 and adds article 3 providing for protection of personal identifying information privacy in connection with a public body and its use and communication of a resident’s Social Security number, prescription for disclosure of Social Security information and identifying information by and to certain public bodies, prohibition of requiring the use of personal identifying information on a mortgage and in preparation of documents for public filing, and procedure for redacting certain personal identifying information from public records; adds §1-11-490 so as to provide for disclosure by an agency of this state of unauthorized access to or acquisition of the personal identifying information of a resident whose information the agency owns or licenses and to provide for civil damages, attorney’s fees, and injunctive relief; adds §16-11-725 so as to make it unlawful to use another person’s household garbage for the purpose of committing financial or identity fraud; adds §16-13-512 so as to regulate the use of a cardholder’s Social Security number on a credit or debit card receipt; adds §39-1-90 so as to provide for disclosure by a person conducting business in this state of unauthorized access to or acquisition of the personal identifying information of a resident whose information the person owns of licenses and to provide for civil damages, attorney’s fees, and injunctive relief; amends §16-13-510, as amended, relating to the offense of financial identity fraud, so as to add the elements of wilfullness and knowledge and to include the offense of identity fraud as the use of another’s information to avoid legal consequences or to obtain employment and to further define “identifying information”; and repeals §16-13-515, relating to identity fraud.
South Dakota	S.B. 81 Allows persons to place a security freeze on their credit reports without first being victims of identity theft.
Tennessee	H.B. 2762 Substituted 2/28/08 S.B. 2852 Signed by governor 3/18/08, Public Law Chapter 633 Present law prohibits credit reporting agencies from changing a Tennessee consumer’s name, date of birth, federal Social Security number, or address on a consumer report while there is a security freeze in place without providing at least 30 days’ prior written notice to the consumer at that consumer’s last known address. This bill changes the notice requirement by requiring that the credit reporting agency provide written confirmation of any such change not later than 30 days of the change being posted to the consumer’s file. This bill requires that when a credit reporting agency changes the address in a consumer’s report while a security freeze is in place, the agency must send written confirmation to both the new and former addresses. Present law specifies that a security freeze does not prohibit a Tennessee consumer’s use of credit information for the purposes of prescreening. Under this bill, a security freeze would not prohibit use of a consumer’s credit report for the purposes of prescreening as provided by the federal Fair Credit Reporting Act, 15 U.S.C. §1681.
	H.B. 3860 S.B. 3269 Prohibits fees for imposing or removing a credit freeze on a consumer when the consumer has been a victim of a breach of an information holder’s security system.
Virginia	H.B. 4 Incorporated into H.B. 1311 1/29/08 Authorizes any consumer to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer’s express authorization. The measure provides a means by which a consumer can release his report, permanently, temporarily, or to a specific third party. Certain disclosures are exempt from the freeze. A violation is a prohibited practice under the Consumer Protection Act.
	H.B. 16 Incorporated into H.B. 1311 1/29/08 Authorizes an individual to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer’s express authorization. The measure provides a means by which a consumer can release his report, permanently, temporarily, or to a specific third party. Certain disclosures are exempt from the freeze. A consumer reporting agency may charge a fee of no more than $5 for establishing a freeze, removing a freeze, or temporarily lifting a freeze. Violations are a prohibited practice under the Consumer Protection Act.
	H.B. 35 Incorporated into H.B. 1311 1/29/08 Authorizes any consumer to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report or any information in it without the consumer’s express authorization. The measure provides a means by which a consumer may release his report, permanently, temporarily, or to a specific third party. Consumer reporting agencies may charge a consumer up to $5 for each freeze, removal of the freeze, or temporary lift of the freeze; however, no charge shall be assessed to victims of identity theft or to consumers age 65 or older. A violation is a prohibited practice under the Consumer Protection Act.
	H.B. 175 Incorporated into H.B. 1311 1/29/08 Authorizes Virginia domiciled members of the armed services and their spouses to freeze access to their credit reports. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer’s express authorization. The measure provides a means by which the service member or spouse can release his report. A consumer reporting agency may charge a fee of no more than $5 for establishing a freeze, removing a freeze, or temporarily lifting a freeze. The measure also prohibits a credit account from being opened in the name of such a consumer who has a security freeze in effect without his express prior written authorization. Violations are prohibited practices under the Virginia Consumer Protection Act.
	H.B. 345 Incorporated into H.B. 1311 1/29/08 Authorizes an individual to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer’s express authorization. The measure provides a means by which a consumer can release his report, permanently, temporarily, or to a specific third party. Certain disclosures are exempt from the freeze. Violations are a prohibited practice under the Consumer Protection Act.
	H.B. 607 Incorporated into H.B. 1311 1/29/08 Authorizes any consumer to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer’s express authorization. The measure provides a means by which a consumer can release his report, permanently, temporarily, or to a specific third party. Certain disclosures are exempt from the freeze. A consumer reporting agency may charge a fee of no more than $5 for establishing a freeze, removing a freeze, or temporarily lifting a freeze; however, victims of identity theft shall not be charged a fee. Violations are a prohibited practice under the Consumer Protection Act.
	H.B. 785 Incorporated into H.B. 1311 1/29/08 Authorizes any consumer to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer’s express authorization. The measure provides a means by which a consumer can release his report, permanently, temporarily, or to a specific third party. Certain disclosures are exempt from the freeze. A consumer reporting agency may charge a fee of no more than $5 for establishing a freeze or removing a freeze; however, victims of identity theft shall not be charged a fee and a fee shall not be charged for temporarily lifting a freeze. A system shall be in place by September 1, 2008, to allow for a security freeze to be removed or lifted within 15 minutes if a request is received through an electronic contact method. Violations are a prohibited practice under the Consumer Protection Act.
	H.B. 897 Incorporated into H.B. 1311 1/29/08 Authorizes any consumer to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report or any information in it without the consumer’s express authorization. The measure provides a means by which a consumer may release his report, permanently, temporarily, or to a specific third party. Consumer reporting agencies may not charge a fee for setting up or lifting a freeze. A violation is a prohibited practice under the Consumer Protection Act.
	H.B. 1193 Provides a number of rights and enhancements to military service personnel who are on active duty and domiciled in the Commonwealth. More specifically, the bill: 1. Requires the Department of Human Resources Management to develop, in cooperation with the Department of Planning and Budget, state personnel policies providing supplemental pay to any state employee who (i) is on active military duty in the armed forces of the United States and (ii) receives active military duty pay in an amount that is less than his regular state pay, 2. Allows any individual domiciled in Virginia who is a member of the National Guard to participate in the group life, accidental death and dismemberment policy administered by the Virginia Retirement System, provided the individual pays the full amount of the cost of coverage under the insurance program, 3. Allows a subtraction when calculating Virginia taxable income for National Guard and Reserve personnel military pay when they serve, outside the United States, on extended active duty for periods of 90 days or longer, and 4. Authorizes Virginia domiciled members of the armed services and their spouses to freeze access to their credit reports.
	H.B. 1307 Incorporated into H.B. 1311 1/29/08 Prohibits any credit reporting agency that permits consumers to freeze access to their credit reports from charging a fee for establishing, temporarily lifting, or removing a security freeze to any consumer domiciled in Virginia who is a member of the United States military services or the Virginia National Guard, or the spouse of such a person.
	H.B. 1311 Signed by governor 3/8/08, Chapter 496 S.B. 576 Signed by governor 3/8/08, Chapter 480 Authorizes any consumer to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer’s express authorization. The measure provides a means by which a consumer can release his report, permanently, temporarily, or to a specific third party. Certain disclosures are exempt from the freeze. A fee of up to $10 may be charged for establishing a freeze, except identity theft victims are not required to pay a fee. A person who willfully fails to comply with the requirements is liable to a consumer for actual damages of between $100 and $1,000, punitive damages, and reasonable attorney fees. A person who negligently fails to comply with the requirements is liable to a consumer for actual damages and reasonable attorney fees. The attorney general is authorized to take enforcement actions.
	H.B. 1339 Incorporated into H.B. 1311 1/29/08 Authorizes any consumer to freeze access to his credit report. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report or any information in it without the consumer’s express authorization. The measure provides a means by which a consumer may release his report, permanently, temporarily, or to a specific third party. Consumer reporting agencies may charge a consumer up to $5 for each freeze, removal of the freeze, or temporary lift of the freeze; however, no charge shall be assessed to victims of identity theft. A violation is a prohibited practice under the Consumer Protection Act.
	H.J.R. 15 Creates a joint subcommittee to study security freezes on consumer credit reports.
	S.B. 325 Incorporated into S.B. 576 2/11/08 Authorizes Virginia-domiciled members of the armed services who are deployed to another country and their spouses to freeze access to their credit reports. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer’s express authorization. The measure provides a means by which the service member or spouse can release his report, permanently, temporarily, or to a specific third party. A consumer reporting agency may not charge a fee for establishing a credit freeze, but may charge a fee of no more than $5 for removing or temporarily lifting a freeze. Violations are a prohibited practice under the Consumer Protection Act.
	S.B. 461 Incorporated into S.B. 576 2/11/08 Authorizes Virginia-domiciled members of the armed services or National Guard and their spouses to freeze access to their credit reports. If a consumer has placed a freeze on his credit report, a consumer reporting agency is prohibited from releasing the credit report, or any information in it, without the consumer’s express authorization. The measure provides a means by which the service member or spouse can release his report, permanently, temporarily, or to a specific third party. A consumer reporting agency may charge a fee of no more than $5 for establishing a freeze, removing a freeze, or temporarily lifting a freeze. Violations are a prohibited practice under the Consumer Protection Act.
West Virginia	H.B. 2501 Enables a consumer to direct a consumer reporting agency to place a “security freeze” on his or her credit report.
	H.B. 2705 Relates generally to consumer credit and identity theft protection; defines certain terms; provides a procedure for consumers to implement a security freeze; provides for notice of consumer rights; provides for protection for consumer credit header information; provides for the right to file a police report in the event of security theft; requires a notice to consumers of information systems breach; provides for factual declaration of innocence after identity theft; protects social security numbers; provides for civil penalties for violations; provides for making a violation an unfair or deceptive act or practice; and provides for severability of the provisions of the article under certain circumstances.