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Consumer Report Security Freeze Legislation
2001 Session

March 8, 2005

Enactments noted in italics

 State:  Bill Summary:
 California  

S.B. 168
Chaptered by secretary of state 10/11/01, Chapter 720
Requires, beginning July 1, 2002, consumer credit reporting agencies to accept security alerts, as defined, by written request or via a toll-free telephone number, from consumers, and allows a consumer to request a consumer credit reporting agency to impose a security freeze on release of any information from his or her file.  Requires a consumer credit reporting agency to place a security alert in a consumer credit report within five business days of receiving a request to do so and to notify persons using consumer credit reports of the existence of a security alert.  Requires that the security alert remain in effect for at least 90 days and would allow a consumer to renew it.  Requires, beginning January 1, 2003, a consumer credit reporting agency to place a security freeze, as defined, 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 a consumer credit report while the freeze is in place, except as provided.  Among other things, the bill requires a consumer credit 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.  Provides 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 credit reporting agency that the consumer's credit report was frozen due to a material misrepresentation by the consumer.  Provides that it does not prevent a consumer credit reporting agency from charging a reasonable fee to freeze, remove a freeze, or temporarily lift a freeze regarding access to a consumer credit report.

NCSL Contact:  Heather Morton, (303) 364-7700, Denver

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