Consumer Report Security Freeze 2010 Legislation

Last Updated: November 24, 2010

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

A consumer report security freezes limits a consumer reporting agency from releasing a credit report or any information from the report without authorization from the consumer. If a person suspects that he or she has been victimized by identity theft, a consumer report security freeze can help the person track whether an identity thief is using the person’s information to set up bogus accounts.

During the 2010 legislative session, 10 bills were introduced from five states. Louisiana enacted legislation that amended its security freeze provision to allow consumers to place security freezes through the telephone or electronically through a secure Web site. The enacted legislation requires that the credit reporting agency must comply with the request for the freeze within 24 hours, if received through the telephone or a secure Web site.

Related NCSL Web pages:

FL | IL | LA | MA | MS
STATE
BILL SUMMARY
Alabama
none
Alaska
noe
Arizona
none
Arkansas
none
California
none
Colorado
none
Connecticut
none
Delaware
none
District of Columbia
none
Florida

H.B. 775
Died in committee 4/30/10
S.B. 426
Died in committee 4/30/10
Requires the Department of Corrections to provide each inmate in a correctional facility the opportunity to place a security freeze on his or her consumer report. Requires the department, at the request of the inmate, to provide the appropriate forms to the inmate to initiate the security freeze process. Requires that the inmate pay all fees and expenses incurred in the application for a security freeze.

Georgia
none
Guam
none
Hawaii
none
Idaho
none
Illinois

H.B. 4813
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a consumer reporting agency shall remove a security freeze on a consumer's credit report no later than 15 minutes after receiving a request from the consumer (i) through a secure electronic mail connection provided by the consumer reporting agency or (ii) by telephone, through the Internet, or, if provided by the consumer reporting agency, through other electronic media. Sets forth various circumstances under which a consumer reporting agency is not required to comply with a consumer's request within the 15-minute time frame, including the consumer's failure to provide proper identification, a natural disaster, operational interruptions, governmental actions, and computer maintenance.

Indiana
none
Iowa
none
Kansas
none
Kentucky
none
Louisiana

S.B. 228
Signed by governor 7/8/10, Act 998
Relates to credit reporting agency information and reports; provides for methods a consumer may use to place a security freeze on his credit report; provides for the credit reporting agency's obligation to freeze the report upon request.

Maine
none
Maryland
none
Massachusetts

H.B. 3427
Amends provisions regarding consumer report security freezes.

Michigan
none
Minnesota
none
Mississippi

H.B. 17
Died in committee 2/2/10
Amends §75-24-201 to delete the requirement that a consumer must provide to a consumer reporting agency a law enforcement report regarding the unlawful use of the consumer's personal information before the consumer may have a security freeze placed on his or her consumer file.

H.B. 341
Died in committee 2/2/10
Amends §75-24-201 to delete the requirement that a consumer must provide to a consumer reporting agency a law enforcement report regarding the unlawful use of the consumer's personal information before the consumer may have a security freeze placed on his or her consumer file; codifies new §75-24-216 to provide that any person whose property or person is injured by reason of a violation of the security freeze statutes may sue for civil damages; amends §75-24-5 to provide that any violation of the security freeze statutes shall be considered as an unfair or deceptive trade practice.

H.B. 377
Died in committee 2/2/10
Authorizes a consumer to place a security freeze on his or her credit report, which will prohibit a consumer reporting agency from releasing the consumer's credit report or any information from it without the express authorization of the consumer; requires consumer reporting agencies to place a security freeze on a consumer's credit report within five business days after receiving a written request from the consumer; provides that a security freeze will remain in place until the consumer requests that the security freeze be removed; requires consumer reporting agencies to remove a security freeze within three business days of receiving a request for removal from the consumer; provides for certain exceptions to the requirements of this act; provides that any person whose property or person is injured by reason of a violation of this act may sue for civil damages; amends §75-24-5 to conform to the preceding provisions; repeals §§75-24-201 through 75-24-217, which are the current security freeze statutes.

H.B. 684
Died in committee 2/2/10
Amends §75-24-201 to delete the requirement that a consumer must provide to a consumer reporting agency a law enforcement report regarding the unlawful use of the consumer's personal information before the consumer may have a security freeze placed on his or her consumer file; provides that a security freeze shall remain in effect until the consumer requests that the security freeze be removed; provides that a consumer reporting agency may not charge any fee to a victim of identity theft who has submitted a copy of a valid report or complaint with a law enforcement agency about the unlawful use of the victim's identifying information by another person; provides that the unique personal identification number or password provided by a consumer reporting agency to a consumer to authorize a removal or temporary lifting of the security freeze may not be the consumer's Social Security number; creates new §75-24-202 to provide that notice be provided to a consumer whenever the consumer is required to receive a summary of rights required under the federal fair credit reporting act, stating the Mississippi consumers have the right to obtain a security freeze; prescribes the contents of the notice; amends §75-24-207 to authorize a consumer reporting agency to charge a consumer a fee to remove a security freeze or temporarily lift a security freeze, except for a consumer who is victim of identity theft who has submitted a copy of a valid investigative or incident report or complaint with a law enforcement agency about the unlawful use of the victim's identifying information by another person; amends §75-24-209 to provide that a security freeze does not apply to a consumer report provided to certain additional persons or entities; creates new §30 75-24-216 to provide that any person whose property or person is injured by reason of a violation of the security freeze statutes may sue for civil damages and injunctive relief; amends §75-24-5 to provide that any violation of the security freeze statutes shall be considered as an unfair or deceptive trade practice.

H.B. 980
Died in committee 2/2/10
Amends §75-24-201 to delete the requirement that a consumer must provide to a consumer reporting agency a law enforcement report regarding the unlawful use of the consumer's personal information before the consumer may have a security freeze placed on his or her consumer file.

Missouri
none
Montana
No Regular 2010 Session
Nebraska
none
Nevada
No Regular 2010 Session
New Hampshire
none
New Jersey
none
New Mexico
none
New York
none
North Carolina
none
North Dakota
No Regular 2010 Session
Ohio
none
Oklahoma
none
Oregon
No Regular 2010 Session
Pennsylvania
none
Puerto Rico
none
Rhode Island
none
South Carolina
none
South Dakota
none
Tennessee
none
Texas
No Regular 2010 Session
Utah
none
Vermont
none
Virginia
none
Washington
none
West Virginia
none
Wisconsin
none
Wyoming
none

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