| State: |
Bill Summary: |
| Alabama |
H.B. 80
Allows a consumer to place a security freeze on his or her credit report, provides for the method of securing and releasing the freeze, and provides for exceptions to the freeze. |
| Alaska |
H.B. 31
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. |
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H.B. 65
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.B. 21
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. |
| Arizona |
H.B. 2327
Allows a person to request by certified mail that a consumer reporting agency place a security freeze on the person’s consumer report. A freeze prevents the release of information from the report to a third party without the consumer’s authorization. |
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H.B. 2446
Allows a person to request in writing that a consumer reporting agency place a security freeze on the person’s consumer report. A freeze prevents the release of information from the report to a third party without the consumer’s authorization. |
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S.B. 1345
Passed Senate 2/27/07
Allows a person to request in writing that a consumer reporting agency place a security freeze on the person’s consumer report. A freeze prevents the release of information from the report to a third party without the consumer’s authorization. |
| Arkansas |
H.B. 1038
Provides protection for victims of financial identity fraud act through a consumer report security freeze. |
| |
H.B. 2215
Signed by governor 3/20/07, Act 391
Permits placing a security freeze on a person's consumer report; provides procedures for the placement and removal of the security freeze; provides notice of the right to obtain a security freeze. |
| |
H.B. 2780
Vetoed by governor 4/10/07
Permits placing a security freeze on a person's consumer report; provides procedures for the placement and removal of the security freeze; provides notice of the right to obtain a security freeze. |
| California |
A.B. 1298
Signed by governor 10/14/07, Chapter 699
Regardless of the existence of a security freeze, permits a consumer reporting agency to disclose public record information lawfully obtained from an open public record to the extent otherwise permitted by law. The bill specifies that these provisions do not prohibit the consumer reporting agency from electing to apply a valid security freeze to the entire contents of a credit report. |
| Connecticut |
S.B. 279
Failed Joint Favorable deadline 3/13/07
Allows a consumer to contact a credit reporting agency, in writing, and request that the consumer's credit records be blocked from any future inquiries, requires the credit agency to freeze the consumer's credit records not later than five days after receipt of the request and to issue the consumer a personal identification number not later than 10 days after freezing the consumer's credit records. |
| Georgia |
H.B. 35
Provides that a person may request a security freeze on his or her credit report; provides for procedures; provides for the imposition of a security freeze on a consumer's records by a consumer credit reporting agency; provides for requirements for consumer credit reporting agencies relative to implementing such security freeze; provides for a temporary or specific lifting of such freeze; provides for the lifting of such security freeze under certain conditions; provides for applicability. |
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H.B. 38
Provides that a person may place a security freeze on his or her credit report by notifying the credit reporting agencies; defines certain terms; provides for procedures; provides for a temporary or permanent lifting of such freeze. |
| |
H.B. 130
Provides for security freezes; provides for definitions; provides for procedures for placing, removing, and temporarily lifting a security freeze. |
| Hawaii |
H.B. 1612
Signed by governor 6/15/07, Act 189
Allows any consumer to place a security freeze on the consumer's credit report. |
| |
S.B. 962
Allows any consumer to place a security freeze on the consumer's credit report. |
| Illinois |
H.B. 1070
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: (i) 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 (ii) 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. |
| Indiana |
H.B. 1082
Passed House 2/7/07
Provides that a consumer may prevent access to the consumer's credit report, or any information derived from the consumer's credit file, by requesting that a consumer reporting agency place a security freeze in the credit file. Prohibits a consumer reporting agency from releasing any information from a credit file that is subject to a security freeze unless the consumer requests the release of the information: (1) to a specified third party; or (2) for a specified period. For a credit file subject to a security freeze, sets forth procedures for a consumer to request the: (1) release of information from the credit file; or (2) removal of the security freeze. Requires a consumer reporting agency to develop, not later than September 1, 2008, secure procedures to process, within 15 minutes of receiving a request, a telephonic or an electronic authorization from a consumer to: (1) release information from a credit file subject to a security freeze; or (2) remove a security freeze. Provides that specified persons, including utilities and licensed insurers, may receive information from a credit file that is subject to a security freeze. Provides that specified persons are not required to place a security freeze in a consumer's credit file. Makes a violation of the requirements and restrictions concerning security freezes a Class A infraction. Provides a cause of action to a consumer aggrieved by a person's negligent or willful failure to comply with the requirements and restrictions concerning security freezes. |
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H.B. 1609
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; (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; and (3) the attorney general may bring an action to recover a civil penalty of $2,500 for a knowing or intentional violation or series of violations concerning one consumer and not more than a total of $100,000 for knowing or intentional violations of the security freeze law for related violations concerning more than one consumer. |
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H.B. 1718
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 a person who: (1) violates the security freeze laws is liable to a consumer; (2) obtains a consumer report from a consumer reporting agency, requests the placement of a security freeze, or requests a security freeze to be temporarily lifted or removed under false pretenses or in an attempt to violate federal or state law is liable to the consumer reporting agency; and (3) is negligent in failing to comply with the security freeze laws is liable to the consumer. |
| |
S.B. 403
Signed by governor 5/2/07, Public Law 104
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; (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; and (3) the attorney general may bring an action to recover a civil penalty of $2,500 for a knowing or intentional violation or series of violations concerning one consumer and not more than a total of $100,000 for knowing or intentional violations of the security freeze law for related violations concerning more than one consumer. |
| Iowa |
H.F. 551
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 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 is an offense under Code section 714.16 and is subject to enforcement, including injunctive relief and money damages, by the attorney general. |
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H.F. 655
Permits victims of identity theft to request that a security alert be placed on the victim's consumer report, which is more commonly known as a credit report. Before issuing credit on a consumer report containing a security alert, the creditor must take reasonable steps to verify the identity of the person whose consumer report contains the security alert. Failure to verify the identity of the person before issuing credit may result in liability of the creditor for any damages suffered by the person as a result of the credit being issued. A violation is also a consumer fraud under Code section 714.16. The bill requires consumer reporting agencies to maintain a nationwide toll-free telephone number to accept requests for security alerts. The bill permits victims of identity theft to request that a security block be placed on the victim's consumer report. A security block prohibits a consumer reporting agency from releasing the victim's consumer report relating to the extension of credit without the victim's express authorization. A consumer reporting agency may decline to place the block under specific circumstances. With proper identification, the victim may request that the block be temporarily lifted or permanently released. The consumer reporting agency must notify the consumer when a block is placed and when a block is released. A consumer reporting agency may impose a reasonable fee to place a block on a consumer file. Certain entities are exempt from compliance with a security block. Violations are treated as consumer fraud under Code §714.16. |
| |
S.F. 103
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 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 is an offense under Code section 714.16 and is subject to enforcement, including injunctive relief and money damages, by the attorney general. |
| Kansas |
H.B. 2474
Amends who may be allowed to place a security freeze. |
| Maryland |
H.B. 117
Signed by governor 5/8/07, Chapter 308
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. |
| |
H.B. 178
Withdrawn from further consideration 2/21/07
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 five 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. 470
Withdrawn from further consideration 2/21/07
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 five business days after placing a security freeze on a consumer's consumer report. |
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S.B. 4
Withdrawn from further consideration 2/21/07
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 five 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. |
| |
S.B. 52
Signed by governor 5/8/07, Chapter 307
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. |
| Massachusetts |
H.B. 265
Authorizes a consumer reporting agency to place a security freeze at the request of a consumer. |
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H.B. 291
Authorizes a consumer reporting agency to place a security freeze at the request of a consumer. |
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H.B. 328
Authorizes a consumer reporting agency to place a security freeze at the request of a consumer. |
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H.B. 1355
Authorizes a consumer reporting agency to place a security freeze at the request of a consumer. |
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H.B. 4012
For further action see H.B. 4018 5/9/07
Relates to security freezes and notification of data breaches. |
| |
H.B. 4018
H.B. 4144
Signed by governor 8/2/07, Chapter 82
S.B. 2235
S.B. 2236
Relates to security freezes and notification of data breaches. |
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S.B. 161
Authorizes a consumer reporting agency to place a security freeze at the request of a consumer. |
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S.B. 163
Authorizes a consumer reporting agency to place a security freeze at the request of a consumer. |
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S.B. 208
For further action see H.B. 4012 5/7/07
Authorizes a consumer to elect to place a security freeze on the consumer's consumer report; establishes procedures for requesting a security freeze. |
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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. |
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H.B. 4178
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. 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. |
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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
S.F. 1578
Regulates security freezes on consumer reports; provides for the payment of fees. |
| Mississippi |
H.B. 653
Died in committee 1/30/07
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. 656
Died in committee 2/27/07
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. |
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H.B. 881
Died in committee 1/30/07
Authorizes certain consumers to place a security freeze in 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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S.B. 2089
Died on calendar 2/12/07
Creates the "Mississippi Clean Credit and Identity Theft Protection Act"; defines certain terms; authorizes consumers to place a security freeze on their credit files; limits the release or sharing of credit header information; provides a consumer with the right to file a police report regarding identity theft with the local law enforcement agency having jurisdiction over his actual residence; provides identity theft victims with the right to obtain a court ordered factual declaration of innocence and creates a statewide criminal identity theft registry; requires notice to consumers in the event that security of data has been breached; limits the use of Social Security numbers; prohibits insurers from using information regarding a consumer's creditworthiness for the purpose of determining rates for insurance or eligibility for coverage; regulates the disposal of records containing personal information. |
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S.B. 3034
Signed by governor 4/21/07, Chapter 585
Requires consumer reporting agencies to place a security freeze in consumer files upon the written request by certain consumers; provides for requirements and procedures relating to a security freeze; requires a consumer reporting agency to make certain disclosures relating to a security freeze. |
| Missouri |
H.B. 377
This bill changes the laws regarding the release of personal information to unauthorized persons. 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. |
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H.B. 524
Establishes the Identity Theft Prevention 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. |
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H.B. 577
Establishes the Identity Theft Prevention 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. |
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H.B. 1078
This bill defines "breach of security of the system," "personal information," "proper identification," "security alert," and "security freeze." 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. |
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H.B. 1119
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. |
| |
S.B. 507
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 without specific authorization from the consumer. |
| Montana |
S.B. 116
Signed by governor 4/5/07, Chapter 138
Provides identity theft protection; allows consumers to limit access to their own credit reports; requires implementation procedures for consumer reporting agencies; provides for temporary lifting of security freezes; requires notices to consumers about the option for a security freeze; provides exemptions and exceptions; sets fees; provides penalties. |
| Nebraska |
L.B. 190
Indefinitely postponed 5/31/07
Allows a consumer to protect his or her credit from unauthorized third parties receiving credit in his or her name by allowing a consumer to place a security freeze on his or her credit report. This security freeze locks, or freezes, access to the consumer credit report. If such a freeze is in effect, a consumer reporting agency cannot release the credit report to a third party without the prior express authorization of the consumer. When the consumer wants to get new credit, he or she uses a PIN to unlock access to the credit file. The cost for placing or lifting a security freeze will be $5; however, there will be no cost to identity theft victims. |
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L.B. 674
Signed by governor 5/24/07
Relates to the Credit Report Protection Act; prohibits use of Social Security numbers by employers as prescribed; provides a penalty; relates to a security freeze; requires copies of a police report evidencing that the consumer is a victim of identity theft; provides for a confirmation warning that the consumer may be denied credit because of a security freeze. |
| Nevada |
A.B. 24
Signed by governor 5/10/07, Chapter 29
Prohibits a credit reporting agency from charging a consumer who is 62 years of age or older a fee to release temporarily his consumer report to a specific person or for a specific period or to place a security freeze in or to remove a security freeze from his credit file. |
| New Mexico |
S.B. 165
Signed by governor 3/30/07, Chapter 106
Provides for a security freeze on the release of credit information. |
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S.B. 448
Provides for a security freeze on the release of credit information; enacts the Credit Report Security Act. |
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S.B. 787
Relates to consumer protection; allowing consumers to put security alerts or freezes on their credit reports or have information in credit reports blocked if their identity may have been used without their consent. |
| New York |
A.B. 6067
Provides minimum standards in identification for individuals and agencies to access consumer reports that have security freezes placed on them. |
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A.B. 8634
S.B. 5543
Provides consumers who are victims of domestic violence with a free security freeze report upon request. |
| North Dakota |
H.B. 1417
Signed by governor 4/23/07
Relates to security freezes on consumer credit reports; provides a penalty. |
| Ohio |
H.B. 46
Passed House 5/22/07
Requires a consumer reporting agency to place a security freeze on a consumer's credit report in response to a consumer's request. |
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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. |
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S.B. 109
Allows a consumer to place a security freeze on the consumer's credit report. |
| Oregon |
S.B. 583
Signed by governor 7/12/07, Chapter 759
Permits consumer to place security freeze on consumer report if consumer provides certain information and pays any required fee. Specifies time in which consumer reporting agency must place freeze and send confirmation of freeze to consumer. Permits consumer to temporarily lift or permanently remove security freeze by complying with certain procedures. Specifies conditions in which consumer reporting agency may lift or remove freeze. Specifies exemptions from requirement to place freeze. Requires consumer reporting agency to notify consumer of any change in consumer report that has freeze in place. |
| South Carolina |
H.B. 3035
Enacts the "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 §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, as amended, 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. |
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H.B. 3042
Enacts the South Carolina Consumer Report Security Freeze Act, provides for a freeze on the release of a consumer file by a consumer credit reporting agency upon the request of a consumer who is the victim of identity theft, procedures for implementing and removing the freeze, applicability of and exemptions from the freeze, and penalties for violation of these provisions. |
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S.B. 8
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. |
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S.B. 453
Passed Senate 2/22/07
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. |
| Tennessee |
H.B. 24
S.B. 34
Allows consumers to place a freeze on the release of information from a consumer credit report. |
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H.B. 200
Signed by governor 5/16/07, Public Chapter 170
S.B. 161
Enacts the "Credit Security Act of 2007." |
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H.B. 367
S.B. 890
Allows consumers to place a freeze on the release of information from a consumer credit report. |
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H.B. 381
S.B. 256
Enacts the "Clean Credit and Identity Theft Protection Act of 2007." - Amends TCA Title 47, Chapter 18, Part 21 and Title 56. |
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H.B. 561
S.B. 1316
Authorizes consumers to put a freeze on their consumer credit reports. |
| |
H.B. 818
S.B. 103
Allows consumers to place a security freeze on their consumer credit reports. |
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H.B. 1064
S.B. 1186
Allows consumers to place a freeze on their credit report for purposes of preventing identity theft. |
| Texas |
H.B. 1581
Relates to charges by a consumer reporting agency for placing a security freeze on a consumer file. |
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H.B. 3889
Exempts consumer reports provided to the State Office of the Inspector General from security freeze requirements as provided. |
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H.B. 3959
S.B. 222
Signed by governor 6/15/07, Chapter 1143
Amends provisions regarding placing and thawing a security freeze. |
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S.B. 477
Exempts consumer reports provided to the State Office of the Inspector General from security freeze requirements as provided. |
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S.B. 750
Passed Senate 5/14/07
Exempts consumer reports provided to the State Office of the Inspector General from security freeze requirements as provided. |
| Utah |
H.B. 435
Enacting clause struck 2/28/07
Requires a consumer reporting agency to place a security freeze on the credit report of a child when the credit reporting agency learns of the issuance of a Social Security number to a child born in the state; allows the removal of a security freeze from a child's credit report upon request of a parent or the child, if the child is 14 years of age or older; prevents a consumer reporting agency from charging a fee in connection with a security freeze on a child's credit report. |
| Virginia |
H.B. 1877
Stricken from docket 1/16/07
Authorizes an individual who is a victim of identity theft to freeze access to his credit report. If an identity theft victim 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 identity theft victim’s express authorization. The measure provides a means by which an identity theft victim can release his report, permanently, temporarily, or to a specific third party. Certain disclosures are exempt from the freeze. A consumer reporting agency shall not charge a fee for establishing a freeze, removing a freeze, or temporarily lifting a freeze. Violations are a prohibited practice under the Consumer Protection Act. |
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H.B. 2681
Tabled 1/23/07
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 $20 for each freeze, removal of the freeze, or temporary lift of the freeze. A violation is a prohibited practice under the Consumer Protection Act. |
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H.B. 2804
Tabled 1/23/07
Authorizes an individual who is over the age of 65 to freeze access to his credit report. If such a person 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 person’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 fee not to exceed $20 for each freeze, removal of the freeze, or temporary lift of the freeze. A violation of this measure is a prohibited practice under the Virginia Consumer Protection Act. |
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H.B. 2963
Tabled 1/23/07
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 $10 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. |
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H.B. 3056
Tabled 1/23/07
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. |
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S.B. 805
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. A violation is a prohibited practice under the Consumer Protection Act. |
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S.B. 946
Authorizes an individual who is under the age of 18, over the age of 65 if living in a nursing facility or other institution, or a veteran 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. 1030
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 permanently or temporarily un-freeze his report. Certain disclosures are exempt from the freeze. A consumer reporting agency may charge a fee of no more than $10 for establishing a freeze, removing a freeze, or temporarily lifting a freeze, except that a consumer reporting agency shall not charge a fee to a victim of identity theft. Violations are a prohibited practice under the Consumer Protection Act. |
| Washington |
H.B. 1544
Repeals existing "security freeze" provisions. Creates a new "credit freeze" framework that includes methods to place, remove and temporarily lift a freeze; it also includes fees, exemptions, and penalties. |
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H.B. 1755
Passed House 3/7/07
Extends the option of placing a security freeze to all residents. Requires consumer reporting agencies to develop electronic methods to temporarily lift a freeze within 15 minutes of a request. |
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S.B. 5826
Signed by governor 5/15/07, Chapter 499
Amends provisions relating to security freezes. |
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S.B. 5853
Clarifies that victims of identity theft who are notified of a security breach are not required to submit a valid police report for the purposes of placing a security freeze. |
| West Virginia |
H.B. 2263
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. 2318
Relates to consumer protection generally; 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; and makes a violation an unfair or deceptive act or practice. |
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H.B. 2501
S.B. 78
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. 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. |
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H.B. 2728
S.B. 461
Relates to consumer protection generally; 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 to entities with whom the consumer has no existing relationship 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. |
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H.B. 2977
Relates to consumer protection generally; 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 to entities with whom the consumer has no existing relationship 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. |
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S.B. 428
Signed by governor 4/3/07, Chapter 45
Relates to consumer protection generally; 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 to entities with whom the consumer has no existing relationship 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. |
| Wyoming |
S.F. 53
Signed by governor 3/1/07, Chapter 162
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; provides exceptions. |
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S.F. 65
Died in committee 2/9/07
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; provides exceptions. |
