Consumer Report Security Freeze 2012 Legislation

Last Updated: Jan. 11, 2013

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 2012 legislative session, there were 10 bills from seven states. Alabama, California and Maryland enacted legislation. Alabama now allows consumers to place a consumer report security freeze on their credit report. California enacted legislation thatl prohibits a consumer credit reporting agency from charging any fee upon a consumer 65 years of age or older for placing an initial security freeze and a fee of no more than $5 for lifting, removing, or replacing a security freeze. Maryland enacted legislation that authorizes specified representatives to request a security freeze on a consumer report or a specified record for specified minor children and individuals under guardianship or conservatorship.

Related NCSL Web pages:

AL | CA | FLMD | MA | NY | WI
STATE
BILL SUMMARY
Alabama

H.B. 15
Signed by governor 5/22/12, Act 500
Existing law does not allow a consumer who is a victim of identity theft to place a security freeze on his or her consumer credit accounts. This bill provides for procedures for placing, removing, and temporarily lifting a security freeze on a consumer credit account. This bill provides for fees and fines for violations. This bill provides for notice to consumers.

Alaska
none
Arizona
none
Arkansas
none
California

A.B. 2374
Signed by governor 9/27/12, Chapter 645
Existing state law defines and regulates consumer credit reports and permits a consumer 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. Existing law requires a consumer credit reporting agency to place the security freeze on the consumer's credit report within three business days after receiving the consumer's request. Under existing law, an agency may charge a fee of no more than $5 to a consumer 65 years of age or older for placing, lifting, or removing a security freeze. This bill prohibits a consumer credit reporting agency from charging any fee upon a consumer 65 years of age or older for placing an initial security freeze. Under the bill, a consumer credit reporting agency is authorized to charge a consumer 65 years of age or older a fee of no more than $5 for lifting, removing, or replacing a security freeze. The bill makes conforming changes.

S.B. 1384
Existing state and federal law define and regulate consumer credit reports. Existing federal law regulates consumer file information that is compiled and maintained by a nationwide specialty consumer reporting agency, which is defined as a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to medical records or payments, residential or tenant history, check writing history, employment history, or insurance claims. Existing state law permits a consumer to place and to remove a security on his or her credit report by following a specified procedure. This bill defines a nationwide specialty consumer reporting agency and consumer file for purposes of California law and authorizes a consumer to place a freeze on his or her consumer file that is compiled and maintained by a nationwide specialty consumer reporting agency. The bill also makes conforming changes.

Colorado
none
Connecticut
none
Delaware
none
District of Columbia
none
Florida

S.B. 176
Died in committee 3/9/12
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
Not Available
Hawaii

none

Idaho
none
Illinois
none
Indiana
none
Iowa
none
Kansas
none
Kentucky
none
Louisiana
none
Maine
none
Maryland

H.B. 555
Signed by governor 5/2/12, Chapter 209
S.B. 295
Signed by governor 5/2/12, Chapter 208
Authorizes specified representatives to request a security freeze on the consumer report or a specified record of specified minor children and individuals under guardianship or conservatorship; requires a consumer reporting agency to place a security freeze for a protected consumer under specified circumstances and within a specified period of time.

Massachusetts

H.B. 118
Repeals certain identity theft and consumer reporting laws, including provisions regarding requesting a consumer report security freeze.

H.B. 126
Relates to the protection of personal information in consumer transactions and consumer report security freezes.

Michigan
none
Minnesota
none
Mississippi
none
Missouri
none
Montana
No Regular 2012 Session
Nebraska
none
Nevada
No Regular 2012 Session
New Hampshire
none
New Jersey
none
New Mexico
none
New York

S.B. 7363
Implements provisions to protect credit reports of certain consumers.

North Carolina
none
North Dakota
No Regular 2012 Session
Ohio
none
Oklahoma
none
Oregon
none
Pennsylvania
none
Puerto Rico
none
Rhode Island
none
South Carolina
none
South Dakota
none
Tennessee
none
Texas
No Regular 2012 Session
Utah
none
Vermont
none
Virginia
none
Washington
none
West Virginia
none
Wisconsin

S.B. 283
Failed to pass pursuant to Senate Joint Resolution 1 3/23/12
This bill prohibits the possession, by a person who is incarcerated in a prison or who resides in a mental health facility, of a correctional employee’s personal identifying information or a document relating to the employee’s personal identifying information. A person who violates this prohibition is guilty of a Class H felony. Under the bill, a correctional employee who is the victim of an unauthorized possession of his or her personal identifying information or documents may obtain a security freeze on his or her credit reports free of charge, if he or she submits proof to a credit reporting agency that he or she reported the unauthorized possession to a law enforcement agency.

Wyoming
none

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