| State: |
Bill Summary: |
| Alaska |
H.B. 226
Relates to breaches of security involving personal information; and relates to credit report security freezes. |
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S.B. 222
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; and amending Rule 60, Alaska Rules of Civil Procedure. |
| Arizona |
H.B. 2705
Allows consumers to request consumer reporting agencies to place security freezes on their credit histories |
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S.B. 1347
Passed Senate 3/14/06
Allows a consumer to request in writing, by certified mail, that a consumer reporting agency (CRA) place a security freeze on the consumer’s consumer report. The security freeze remains in effect until the consumer requests that the freeze be removed. Defines “security freeze” as a notice that is placed in a consumer’s consumer report that prohibits the CRA from releasing the consumer’s consumer report or any information derived from it without the consumer’s express authorization. Allows a CRA to develop procedures to receive and process in an expedited manner a request from a consumer to temporarily lift a security freeze. Allows a CRA to charge a fee of not more than $15 for each security freeze, removal of a security freeze or temporary lift of a freeze for a period of time. Allows the $15 fee to be increased annually by an amount not to exceed the retail consumer price index published by the United States Bureau of Labor Statistics in the preceding year. |
| California |
A.B. 1694
Died pursuant to Art. IV, Sec. 10(c) of the Constitution 1/31/06
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. |
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S.B. 1744
Passed Senate 5/11/06
On and after September 1, 2008, this bill revises and recasts the procedures for temporarily lifting and for removing a security freeze on a consumer credit report. Among other things, the bill requires a consumer credit reporting agency to establish an electronic contact method and a toll-free telephone number for taking requests from consumers to temporarily lift security freezes and requires that requests that are made pursuant to these methods during business hours, as defined, be effective within 15 minutes, except as specified. |
| Delaware |
S.B. 109
Substituted 5/19/06
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. |
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S.S. 1 for S.B. 109
Signed by governor 6/30/06, Chapter 328
Creates protections for Delaware credit consumers. This Act permits consumers to “freeze” access to their credit files. Since identity thieves can only access the credit of their victims upon permitting access to the victim’s credit history, a “credit freeze’ would stop identity theft in its tracks. This credit freeze will be easy to use and available to all consumers. By January 31, 2009, this bill requires that consumer authorized access to credit histories take no longer than 15 minutes. The bill also provides an identity theft victim the right to request that a police report be prepared regarding such crimes. |
| District of Columbia |
B16-0811
Signed by mayor 12/28/06, Act A16-0594
Provides consumers with a right to obtain a security freeze on a credit report, to clarify the responsibilities of credit reporting agencies to place and remove security freezes, to provide consumers with a private right of action against willful or negligent violations of security freezes, and to provide for enforcement by the attorney general. |
| Florida |
H.B. 37
Signed by governor 6/9/06, Chapter 124
Defines "security freeze"; authorizes a consumer to place a security freeze on his or her consumer report; authorizes a consumer to allow specified temporary access to his or her consumer report during the security freeze; authorizes a consumer reporting agency to charge a fee to place, remove, or temporarily lift the security freeze; prohibits said agency from charging a fee to specified persons; provides for civil remedy. |
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S.B. 656
Laid on table 4/26/06
Defines "security freeze"; authorizes a consumer to place security freeze on his or her consumer report; authorizes a consumer to allow specified temporary access to his or her consumer report during the security freeze; provides that credit balances that result from performance of or participation in check-clearing functions are not subject to certain reporting requirement. |
| Georgia |
H.B. 966
Provides that a person may place a security freeze on his or her credit report by notifying the credit reporting agencies; provides for procedures; provides for a temporary or permanent lifting of such freeze; provides for fees. |
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H.B. 1389
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 written request to a consumer credit reporting agency; provides that such request must be accompanied by a copy of a report that the consumer has filed with a law enforcement agency or the governor's Office of Consumer Affairs about the unlawful use of his or her personal information by another person; provides that a consumer credit reporting agency must place a security freeze on the consumer's credit report no later than five days after receiving a proper written request; provides that if a security freeze is in effect, the consumer credit reporting agency shall not change any official information in a credit report without sending a written notification to the consumer; limits the issuance of credit cards under certain circumstances. |
| Hawaii |
H.B. 1803
Implements a security freeze to assist in the prevention of identity theft. |
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H.B. 1806
Allows consumers who suspect they are a victim of identity theft to place a security alert and security freeze on their credit accounts. Establishes requirements and procedures for consumer credit reporting agencies. |
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H.B. 1871
Signed by governor 5/26/06, Act 138
Allows consumers who are victims of identity theft to place a security freeze on their credit reports, which will prohibit a consumer reporting agency from releasing any information to unauthorized parties without the consumer’s express authorization, and will provide consumers more control over who has access to their credit reports. Permits a civil penalty up to $2,500 for each violation against any business in violation, a private cause of action, and an award of reasonable attorneys' fees to the prevailing party. |
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H.B. 2326
S.B. 2289
Passed Senate 3/7/06
Creates the Identity Theft Protection Act of 2006; allows consumers to place a security freeze on their credit reports. |
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S.B. 2220
Requires government agencies and private businesses that maintain personal information to inform the subject of the information if the security of the information is breached. Permits consumer to place "security alert" and "credit freeze" on credit report to warn of possible identity theft and to prevent release of information without express authorization. Provides civil remedies. |
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S.B. 2524
Implements measures to assist in the prevention of identity theft, including a security freeze, data destruction requirements and a notification requirement. |
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H.B. 2525
Allows consumers who suspect they are a victim of identity theft to place a security alert and security freeze on their credit accounts. Establishes requirements and procedures for consumer credit reporting agencies. |
| Illinois |
H.B. 4687
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a consumer (instead of a consumer who is the victim of identity theft) may place a security freeze on his or her credit account. |
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S.B. 2310
Signed by governor 5/24/06, Public Act 94-0799
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that any person who uses a consumer credit report in connection with the approval of credit based on the application for an extension of credit, and who has received notification of a police report filed with a consumer credit reporting agency that the applicant has been a victim of aggravated identity theft, may not lend money or extend credit without taking reasonable steps to verify the consumer's identity and confirm that the application for an extension of credit is not the result of financial identity theft or aggravated identity theft. Adds that a consumer may place a security freeze on his or her credit report by making a request directly to the consumer credit reporting agency through a secure electronic mail connection, if an electronic mail connection is provided by the consumer credit reporting agency. Provides that a consumer credit reporting agency shall not charge a fee for placing, removing, or removing for a specific party or period of time a security freeze on a credit report, if the consumer submits to the credit reporting agency 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. Allows the credit reporting agency to charge a fee of not more than $10 to a consumer for each security freeze or temporary lift of a security freeze for a specific party and a fee of not more than $8 for removal of a security freeze or temporary lift of a security freeze for a period of time. Provides that the consumer credit reporting agency shall send a written confirmation of the security freeze to the consumer within five (instead of 10) business days of placing the freeze on the account. Requires the director of the Division of Financial Institutions in the Department of Financial and Professional Regulation to promulgate rules necessary to allow the use of electronic media to receive and process a request from a consumer to temporarily lift a security freeze as quickly as possible, with the goal of processing a request within 15 minutes of that request. Defines "consumer", "consumer credit reporting agency", "credit report", "director", and "security freeze". Changes references from "credit reporting agency" to "consumer credit reporting agency". |
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S.B. 2324
Creates the Credit Report Protection Act. 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 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. |
| Indiana |
H.B. 1052
Provides that a consumer may prevent access to the consumer's credit report by requesting that the consumer rating agency place a security freeze on the credit report. Imposes other requirements and restrictions. Makes a violation of the requirements and restrictions concerning security freezes a Class A infraction. |
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S.B. 126
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. Imposes other requirements and restrictions. Provides that: (1) a consumer reporting agency may furnish a consumer's identifying information only to certain persons; and (2) a consumer may bring a civil action against a consumer reporting agency for injury caused to the consumer by the consumer reporting agency's violation of the law. |
| Iowa |
H.F. 2484
Provides for certain consumer protections against identity theft including notification of a breach in the security of computerized data of personal information, provides for a security alert or block on a consumer report, and for the issuance of an identity theft passport. |
| Kansas |
H.B. 3003
Allows a civil action to be brought against any consumer reporting agency that recklessly, willfully, or intentionally fails to place a security alert on anyone’s consumer report. In addition, the bill makes a consumer reporting agency that violates a security freeze by releasing a consumer report or credit score liable for civil damages including actual damages, a civil penalty up to $10,000, attorney fees, and court costs. Allows law enforcement and the courts to obtain a consumer report, even if a security freeze has been placed on the report. |
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S.B. 196
Signed by governor 4/19/06
Relates to the protection of personal information, including creating requirement for a security breach, redacting information, identity theft expungement, security freeze, and protection of Social Security numbers from being published in specified records. |
| Kentucky |
H.B. 4
Passed House 3/14/06
Prohibits a business from making or requiring certain uses of a consumer's Social Security number; establishes a procedure to allow a consumer to place a security freeze on his or her credit report; requires an agency or business that conducts business in the Commonwealth to take certain measures to protect against unauthorized access or use of personal information during its disposal; requires an agency or business that conducts business in the Commonwealth, and that owns or maintains data that includes personal information, to disclose any security breach to any resident of the Commonwealth whose personal information was acquired or accessed; requires an agency or business that conducts business in the Commonwealth to take certain measures to safeguard against security breaches; establishes a procedure for victim of certain identity-theft-related crimes to petition the District Court for a determination that he or she is a victim of identity theft; establishes a procedure allowing a person who has been charged with a crime because another person used his or her identifying information, and who has been found not guilty or the charges have been dismissed, to make a motion to the District or Circuit Court to redact his or her identifying information from certain records; prohibits an agency from making or requiring certain uses of a person’s Social Security number or identifying information; prohibits an agency from collecting a Social Security number unless authorized by law or necessary for the agency’s duties; requires an agency to segregate Social Security numbers from the rest of a record and to provide a person with a written statement of the purpose for collecting and using the Social Security number. |
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H.B. 14
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 require 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 2006." |
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H.B. 54
Signed by governor 3/24/06, Act 42
Creates new sections of KRS Chapter 367, pertaining to security alerts and security freezes on credit reports; permits a consumer to request a security alert to be placed on a consumer file that is sent to a recipient of a consumer report signifying the fact 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 the security alert to remain in effect for no less than ninety days; permits a consumer to place a security freeze on the consumer's credit report to prohibit release to a third party of any information in the credit report without prior express authorization from the consumer; requires the consumer reporting agency to provide the consumer with a personal identification number or password to be used by the consumer to access his or her credit file while the security freeze is in effect; provides for a procedure to permit the consumer to temporarily lift the security freeze; requires a security freeze to remain in effect until the consumer requests that the freeze be removed; prohibits application of a security freeze to consumer reports provided to certain entities; permits a consumer reporting agency to impose a reasonable fee for initially placing a security freeze which may not exceed $10; allows a fee of up to $8 per request for a temporary lifting of the security freeze; permits these fees to be adjusted for inflation; prohibits any fee if the consumer is 62 years of age or older or if the consumer is a victim of identity theft and has a valid police report; permits a consumer damaged by intentional or negligent violation of this Act to bring an action for actual damages, plus reasonable attorney fees, court costs, and other reasonable costs of prosecution of the suits; declares that violation of this Act is an unfair, false, misleading, or deceptive act or practice in the conduct of trade or commerce in violation of KRS 367.170 enforceable by the attorney general. |
| Maine |
L.D. 1834
Signed by governor 3/16/06, Chapter 494
Requires that if a security freeze is in place, a consumer reporting agency shall expunge any information in the file of a consumer that resulted from identity theft. |
| Maryland |
H.B. 1100
S.B. 487
Authorizes a consumer to elect to place a security freeze on all or part of the consumer's consumer report; establishes procedures for requesting a security freeze; requires a consumer reporting agency to place a security freeze on a consumer's consumer report within a specified number of days after a request is received and to take specified actions within three business days after placing a security freeze on a consumer's consumer report. |
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H.B. 1202
Passed House 3/24/06
Authorizes a consumer to elect to place a security freeze on the consumer's consumer report; establishes procedures for requesting a security freeze; requires a consumer reporting agency to place a security freeze on a consumer's consumer report within specified time periods after specified requests are received and to take specified actions within five business days after placing a security freeze on a consumer's consumer report. |
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S.B. 66
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. |
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S.B. 631
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 a specified number of business days after placing a security freeze on a consumer's credit report. |
| Massachusetts |
H.B. 1443
Relates to establishing a consumer security alert plan. |
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H.B. 3961
Relates to identity theft and consumer report security freezes. |
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H.B. 4775
Relates to the protection of personal information. |
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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. |
| Michigan |
H.B. 5911
Requires certain consumer reporting agencies to place security freezes on certain consumer credit information; authorizes and limits fees; and provides remedies. |
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S.B. 1325
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.C.R. 51
Urges the United States Department of Veterans Affairs to provide all veterans access to credit rating agencies to secure personal information against identity theft. |
| Minnesota |
H.F. 1943
S.F. 2002
Signed by governor 5/30/06, Chapter 233
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. |
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H.F. 2843
Indefinitely postponed 4/24/06
S.F. 3200
Relates to consumer protections; reduces identity theft and assists its victims with security freezes; provides for data destruction; creates identity theft passport; provides penalties. |
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H.F. 3500
S.F. 2960
Relates to consumer protection; permits consumers to "freeze" their credit reports as a matter of security. |
| Mississippi |
H.B. 1311
Died in conference 3/27/06
Authorizes consumers to place a security freeze in certain files maintained by a credit reporting agency; provides for certain requirements and procedures relating to a security freeze; requires a credit reporting agency to make certain disclosures relating to a security freeze. |
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H.B. 1410
Died on calendar 2/9/06
Authorizes consumers to place a security alert in their credit reports maintained by consumer credit reporting agencies; provides for certain requirements and procedures relating to a security alert; authorizes consumers to place a security freeze in their credit reports maintained by consumer credit reporting agencies; provides for certain requirements and procedures relating to a security freeze. |
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S.B. 2909
Died in committee 1/31/06
Authorizes consumers to place a security freeze in certain files maintained by a credit reporting agency; provides for certain requirements and procedures relating to a security freeze; requires a credit reporting agency to make certain disclosures relating to a security freeze. |
| Missouri |
H.B. 1127
Changes the laws regarding the release of personal information to unauthorized persons. In its main provisions, the bill: (1) Prohibits financial institutions from disclosing their customers' 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 and/or imprisonment for up to one year; (3) Allows persons to place on their 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. |
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H.B. 1163
Defines "consumer," "consumer report," "consumer reporting agency," "employment purposes," "file," and "security freeze" and establishes 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. |
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H.B. 1500
Defines "breach of security of the system," "personal information," "proper identification," "security alert," and "security freeze." Requires any person or company that conducts business in Missouri and owns or licenses computerized data which includes personal information 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. Allows a consumer 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. |
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H.B. 1591
Allows a person to place a security alert or freeze on his or her credit report. When a security alert is placed, the consumer credit reporting agency will notify anyone requesting credit information of the alert. Any person who receives notification of a security alert must take reasonable steps to verify a consumer's identity before lending money or extending credit. A consumer can request his or her identity be verified by calling a specified telephone number. Consumer credit reporting agencies recklessly failing to place a security alert on a consumer's report may be penalized up to $2,500 and reasonable attorney fees. 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. Consumer credit reporting agencies may not change official information in a report without written confirmation to the consumer. When contacted by a consumer who has reason to believe he or she may have been a victim of identity theft, the consumer reporting agencies must provide information on his or her rights. If the victim provides a police report establishing identity theft, the consumer reporting agency must provide a specified number of copies of the consumer's file free of charge to the victim. |
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H.B. 2136
Defines "consumer," "consumer report," "consumer reporting agency," "employment purposes," "file," and "security freeze" and establishes 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. |
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S.B. 680
Prohibits the sharing of personal financial information with any unauthorized person unless the individual consents to such. The act requires a business or person that conducts business in this state and owns or licenses computerized data to disclose any breach of security of that data to any Missouri resident whose information may, or potentially may have been, acquired by an unauthorized person. Notification requirements are laid out in the act. The act contains a penalty provision for violations. The act allows for an individual to place security alerts and security freezes on their credit report, notifying any recipients 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. The act details the obligations of consumer reporting agencies in response to this option. |
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S.B. 737
Creates a system by which a consumer may request a consumer credit reporting agency to place a freeze on the consumer's credit report. Upon such a request, the consumer credit reporting agency shall not furnish the report to anyone without the consumer's authorization. The report will be furnished, however, if it is subject to a court order, requested by an individual that the consumer has specified as eligible for receipt, or requested by a creditor of the consumer. The consumer credit reporting agency must honor the request, free of charge, within five days of receipt of the request and supply the consumer with written confirmation and information outlining the procedure to lift or suspend the freeze. Furthermore, the act provides a procedure by which a consumer may designate a particular requestor for receipt of the report despite the freeze. If the consumer credit reporting agency fails to comply, it will be liable to the consumer for actual damages, court costs, and reasonable attorney's fees. The court will also award the consumer equitable relief to the extent necessary to restore the consumer's credit rating and discourage future violations. |
| New Hampshire |
H.B. 1252
Inexpedient to legislation 2/1/06
Permits consumers to establish a “credit freeze” on their credit reports and requires credit reporting agencies to provide notice of this right. Permits victims of identity theft to request copies of their credit reports. Allows consumers to remove their names from credit card solicitation lists maintained by credit reporting agencies. Establishes a procedure to notify credit reporting agencies when a person is deceased. Establishes a minimum penalty for negligent or willful violations of the consumer credit reporting law. |
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S.B. 334
Signed by governor 5/31/06, Chapter 208
Permits consumers to establish a "credit freeze" on their credit reports and requires credit reporting agencies to provide notice of this right. Permits victims of identity theft to request copies of their credit reports. Allows consumers to remove their names from credit card solicitation lists maintained by credit reporting agencies. Establishes a procedure to notify credit reporting agencies when a person is deceased. Establishes a minimum penalty for negligent or willful violations of the consumer credit reporting law. |
| New Jersey |
A.R. 190
S.R. 51
Memorializes Congress and the President of the United States to oppose the “Financial Data Protection Act of 2005,” and any additional legislative proposals which threaten to supersede the identity theft protections enacted by the State of New Jersey. In an attempt to create a single, national identity theft law, members of Congress have introduced several bills which seek to replace various state laws with a series of weak federal provisions. In particular the “Financial Data Protection Act,” H.R. 3997, would undercut state protections by allowing companies to determine if security breaches are serious enough to notify customers, by stripping enforcement powers away from state attorney generals, and by restricting the right to place a “security freeze” on credit reports to consumers who have become victims of identity theft. Despite the benefits of uniformity, the proposed federal legislation would place the interests of corporations before the rights of consumers, and leave the residents of New Jersey at a greater risk of identity theft. |
| New Mexico |
H.B. 251
Provides remedies to victims of identity theft; provides for identity theft passports; requires police reports; allows for removal of a false identity in criminal records; allows for a security freeze on credit reports; provides for blocking of fraudulent information on credit reports; extends the time limit for prosecution of certain crimes; clarifies definitions; provides for civil liability. |
| 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. |
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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
Signed by governor 6/7/06, Chapter 63
S.B. 6805
Substituted 5/17/06
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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A.B. 11710
S.B. 8102
Establishes that a security freeze on a consumer's credit report shall not apply to any person or entity for use in setting or adjusting a rate, adjusting a claim or underwriting for insurance purposes. |
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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. |
| North Carolina |
H.B. 2883
Signed by governor 7/23/06, Chapter 158
Exempts veterans whose information was breached by the Department of Veterans Affairs from paying the fee for the consumer report security freeze. |
| Ohio |
H.B. 339
Allows a consumer to place a security freeze on the consumer's credit report. |
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H.B. 624
Allows a consumer to place a security freeze on the consumer's credit report. |
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S.B. 255
Allows a consumer to place a security freeze on the consumer's credit report and a security alert in the consumer's credit report. |
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S.B. 358
Allows a consumer to place a security freeze on the consumer's credit report, to specify that Social Security numbers are confidential, to specify that certain personal information is not a public record, to require a public office to redact from a document that is otherwise a public record certain personal information, to require 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, to require the Office of Criminal Justice Services to make state funding grants available to local law enforcement agencies for enforcement of identity fraud laws, to require the attorney general to support local law enforcement agencies with the enforcement of identity fraud laws, and to enact a special statute of limitations for criminal prosecutions and civil actions against identity fraud. |
| Oklahoma |
H.B. 2761
Relates to the privacy of information; states that obtaining certain personal information is unlawful; state unlawful conduct; provides penalty. |
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H.B. 2782
Creates the Credit Report Security Freeze Act. |
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H.B. 3033
Provides for the placement of security freezes on credit reports. |
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S.B. 1036
Requires consumer reporting agencies to place security freezes on certain files under specified circumstances. |
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S.B. 1389
Creates the Oklahoma Identity Theft Act; requires consumer reporting agencies to place security freezes on certain files under specified circumstances. |
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S.B. 1748
Signed by governor 6/9/06, Chapter 283
Creates the Oklahoma Consumer Report Security Freeze Act; provides procedures for placing a security freeze; provides for temporary lifting of a security freeze; establishes requirements for removal of a security freeze; specifies fee; exempts certain entities from placing a security freeze; specifies notice requirement; specified penalties. |
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S.B. 1976
Requires consumer reporting agencies to place security freezes on certain files under specified circumstances. |
| Pennsylvania |
S.B. 180
Signed by governor 11/29/06, Act 163
Provides for protection from identity theft, for security freezes, for procedures for access after imposition and removal of security freezes and for related matters. |
| Rhode Island |
H.B. 7148
Signed by governor 6/29/06, Chapter 226
Creates the Consumer Empowerment and Identity Theft Prevention Act of 2006. This act allows consumers, including business consumers, to put a security freeze on their credit and provides for the lifting of the freeze of credit, notice requirements and guidelines for the consumer reporting agency, disclosures and penalties. |
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S.B. 2283
Authorizes a person to place a security alert or a security freeze in their credit report when they believe they may be a victim of identity theft. |
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S.B. 2361
Signed by governor 7/3/06, Chapter 270
Requires consumer reporting agencies to place security freezes on consumer credit reports if requested to do so, and would prohibit the release of information from a consumer credit report while the freeze is in place. |
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S.B. 2398
Creates the Consumer Empowerment and Identity Theft Prevention Act of 2006. This act enables consumers, including business consumers, to put a security freeze on their credit, provides for the lifting of the freeze, notice requirements, guidelines for the consumer reporting agency, disclosures and penalties. |
| South Carolina |
H.B. 4297
Enact the "Identity Theft Protection Act", by adding 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 by adding 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 §16-13-540 so as to provide for the expunction of the criminal record of a named individual incurred as a result of the unlawful use of his identifying information; adds §16-13-550 so as to provide for reporting of the crime of financial identity fraud to the local law enforcement agency and reference by the local agency to the agency with jurisdiction to investigate and prosecute; amends § 16-13-510, relating to the offense of financial identity fraud, so as to include the use of another's information to obtain anything of value, including credit, to avoid legal consequences, or to obtain employment, and to provide, for exceptions, to further define "identifying information", and to provide for criminal penalties, including restitution; amends §16-13-520 relating to prosecution of the crime of financial identity fraud, so as to further provide for the county in which the crime is considered to have been committed; adds §1-11-490 so as to provide for disclosure by an agency of this state of unauthorized access to 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. |
| South Dakota |
S.B. 180
Signed by governor 3/21/06
Requires consumer reporting agencies to provide security freezes for consumers who are victims of identity theft. |
| Tennessee |
H.B. 2480
Withdrawn from further consideration 3/20/06
S.B. 2556
Withdrawn from further consideration 2/22/06
Allows consumers to place a security freeze on their consumer credit reports in order to deter identity theft. |
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H.B. 2571
S.B. 3033
Allows consumers to place a security freeze on their consumer credit reports. |
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H.B. 2643
S.B. 2635
Allows consumers to place a security freeze on their consumer credit reports in order to deter identity theft. |
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H.B. 3051
S.B. 3574
Allows consumers to place a security freeze on their consumer credit reports. |
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H.B. 3175
S.B. 3027
Allows consumers to place a security freeze on their consumer credit reports. |
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H.B. 3280
S.B. 3410
Allows consumers to place a security freeze on their consumer credit reports. |
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H.B. 3352
S.B. 2696
Prohibits consumer reporting agency from releasing consumer's credit report or information derived from the report when consumer places a security freeze on the consumer's credit report. |
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H.B. 3390
S.B. 3385
Allows consumers to place a security freeze on their consumer credit reports. |
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S.B. 2707
Withdrawn from further consideration 2/27/06
Allows consumers to place a security freeze on their consumer credit reports. |
| Utah |
S.B. 71
Signed by governor 3/20/06, Chapter 344
Allows a consumer to place a security freeze on the consumer's credit report; outlines the method for placing and removing a security freeze; provides exceptions; prohibits the release of a credit report that is subject to a security freeze, except in certain instances; allows certain fees to be charged in connection with a security freeze; governs changes to a credit report that is subject to a security freeze; prohibits some uses of a consumer's Social Security number; and provides for enforcement. |
| Vermont |
H.B. 572
Allows any consumer to place a security freeze on his or her credit report. There would be no charge for victims of identity theft and consumers over 64 years of age. All other consumers would pay an $8 fee, but any consumer could temporarily lift the security freeze at no charge. |
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S.B. 267
Signed by governor 5/29/06, Act 211
Allows any consumer to place a security freeze on his or her credit report. There would be no charge for victims of identity theft and consumers over 64 years of age. All others would pay a $2 fee. |
| Virginia |
H.B. 34
Incorporated into H.B. 1508 2/7/06
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. |
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H.B. 222
Stricken from docket 1/26/06
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. Consumer reporting agencies may charge a consumer no more than $20 for each freeze, removal of the freeze, or temporary lift of the freeze. Violations are punishable as a Class 1 misdemeanor. A person violating the requirements is liable to an injured person for the greater of actual damages or $1,000, and reasonable costs and attorney fees. |
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H.B. 766
Incorporated into H.B. 1508 2/7/06
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. Consumer reporting agencies may charge a consumer up to $10 for each freeze, removal of the freeze, or temporary lift of the freeze for a period of time, and a fee of no more than $12 for a temporary lift of a freeze for a specific party. A violation is a prohibited practice under the Consumer Protection Act. |
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H.B. 1508
Requires consumer reporting agencies to provide individuals with monthly access to their credit reports for a fee of up to $2 per report, for up to 12 reports per year. Additional reports would be available for a fee of $8. The measure also requires data collectors that keep personal information on individuals to notify a Virginia resident when there has been a breach of the security of the data. The notice shall include a description of the categories of information that were acquired by an unauthorized person and a toll-free number that the individual may use to learn what types of information were maintained about the individual. An individual receiving such a notice may obtain, at no cost, consumer credit reports beginning two months following the breach of security and continuing on a quarterly basis for two years thereafter. |
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H.B. 1511
Incorporated into H.B. 1508 2/7/06
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. The measure also limits the release of credit header information to persons who would have a permissible purpose to obtain a consumer's credit report under the federal Fair Credit Reporting Act. "Credit header" refers to nonpublic identifying information in a consumer's credit file, including a consumer's Social Security number. Violations are a prohibited practice under the Consumer Protection Act. |
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S.B. 218
Authorizes any consumer under the age of 18 or over the age of 65 who is living in a nursing facility or other institution 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. Consumer reporting agencies may charge a consumer up to $10 for each freeze, removal of the freeze, or temporary lift of the freeze. A person violating the requirements is liable to an injured person for the greater of actual damages or $1,000, and reasonable costs and attorney fees. |
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S.B. 266
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. Consumer reporting agencies may charge a consumer up to $ 10 for each freeze or removal. Certain disclosures are exempt from the freeze. A violation is a prohibited practice under the Consumer Protection Act. |
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S.B. 295
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. Consumer reporting agencies may charge a consumer up to $25 for each freeze or removal. Certain disclosures are exempt from the freeze. A violation is a prohibited practice under the Consumer Protection Act. |
| Washington |
H.B. 2648
Amends RCW 19.182.170 regulating security freezes for victims of identity theft. |
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H.B. 3247
Authorizes all consumers to place a security freeze on a credit report. |
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S.B. 6303
Amends RCW 19.182.170 regulating security freezes for victims of identity theft. |
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S.B. 6665
Provides that a consumer may elect to 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. "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. Requires a consumer 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. Requires the consumer credit reporting agency to send a written confirmation of the security freeze to the consumer within ten business days and shall provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of his or her credit for a specific party or period of time. Requires credit reporting agencies to provide data to the attorney general on an annual basis regarding the number of Washington state consumers who utilize a security freeze. The attorney general must make this data available to the legislature and the public upon request, in a manner selected by the attorney general. |
| West Virginia |
H.B. 4111
Enables a consumer to direct a consumer reporting agency to place a "security freeze" on his or her credit report. |
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H.B. 4281
Relates to consumer protection generally; ensures clean credit information and identity theft protection; defines certain terms; provides a security freeze procedure; provides protection for credit header information; establishes a right to file a police report on identity theft; declaration of innocence for crimes committed by identity thieves; consumer credit monitoring; security breaches; protection of Social Security numbers; prohibits credit scoring and insurance scoring for use in insurance decisions; requires adequate destruction of certain personal records; and provides for fines, criminal penalties and civil actions for violations. |
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H.B. 4819
S.B. 488
Defines certain terms; provides a procedure for consumers to implement a security freeze to prohibit a consumer reporting agency from releasing all or any part of the consumer's credit report or any information derived from it without the express authorization of the consumer in certain circumstances; provides for notice of consumer rights; provides civil penalties for violations; makes a violation an unfair or deceptive act or practice; and provides for severability of the provisions of the article under certain circumstances. |
| Wisconsin |
A.B. 912
Signed by governor 3/16/06, Act 140
Prohibits a consumer reporting agency from releasing an individual’s report for an extension of credit if the report includes a "security freeze," which the bill defines as a notice indicating that release of the report is subject to the bill. Contains exemptions such as the following consumer reporting agencies are not required to include a security freeze with a consumer report: 1) check services or fraud prevention services companies; 2) deposit account information service companies; and 3) certain resellers of consumer credit information. However, if a reseller obtains a consumer report about an individual that includes a security freeze included by another consumer reporting agency, the reseller must include the security freeze in any consumer report regarding the individual that the reseller maintains. |
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S.B. 581
Failed to pass pursuant to Senate Joint Resolution 1 05/11/06
Makes changes regarding mail theft and identity theft; makes changes regarding the use of Social Security numbers by businesses and employers; and allows individuals to restrict access to their credit reports. |
| Wyoming |
H.B. 44
Designated inactive 3/8/06
Relates to consumer protection; provides for notice to consumers affected by breaches of consumer information databases, as specified; authorizes consumers to prohibit release of information maintained by credit rating agencies, as specified; provides definitions; and provides exceptions. |
