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Consumer Report Security Freeze 2013 Legislation

Consumer Report Security Freeze 2013 Legislation

Security BreachUpdated April  2, 2013

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.

The chart below lists state legislation introduced or pending during the 2013 legislative session relating to consumer report security freezes..

To date, bills in 14 states are pending in the 2013 legislative session.
 

DEFL | HI | IL | ME | MD | MA | MI | MNNYORPA | SC | TX
STATES
BILL SUMMARY
Alabama
none
Alaska
none
Arizona
none
Arkansas
none
California
none
Colorado
none
Connecticut
none
Delaware
H.B. 64
This bill allows parents to “freeze” their minor children’s credit at any time to protect them from identity theft. This bill also allows for credit to be frozen for an incapacitated person by their guardian.
District of Columbia
none
Florida
H.B. 493
Authorizes the representative of protected consumers to place security freeze. Requires a consumer reporting agency to establish a record if necessary to institute a security freeze. Requires a consumer reporting agency to place a security freeze and provide written notification within a specified period. Prohibits a consumer reporting agency from implying that a security freeze reflects negative credit information. Provides procedures for the removal of a security freeze. Provides for applicability. Authorizes fees. Provides exemptions. Provides for violations. Provides for penalties and civil remedies. Provides consumer reporting agency disclosure requirements for a protected consumer security freeze.
S.B. 566
Authorizes the representative of a protected consumer to place a security freeze on the protected consumer’s consumer record. Requires a consumer reporting agency to provide written confirmation of a security freeze within a specified period. Prohibits a consumer reporting agency from stating or implying that a security freeze reflects a negative credit history or rating. Requires a consumer reporting agency to remove a security freeze under specified conditions, etc.
Georgia
none
Guam
not available
Hawaii
H.B. 712
Authorizes the parent or legal guardian of a minor child to place a security freeze on the minor child's credit report.
Idaho
none
Illinois
H.B. 2785
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a consumer reporting agency may not include in a consumer credit report any information based upon obligations incurred by a consumer during the time the consumer is a resident of a facility as defined under the Nursing Home Care Act. Prohibits the imposition of fees for a credit report security freeze or for the removal or temporary lift of a freeze.
H.B. 3380
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a guardian of a disabled person appointed under the Guardians for Disabled Adults Article of the Probate Act of 1975 or a parent or guardian of a minor may request that a consumer reporting agency place a security freeze on the credit report of the disabled person or minor by sending a request to the consumer reporting agency.
Indiana
none
Iowa
none
Kansas
none
Kentucky
none
Louisiana
none
Maine
L.D. 1410
This bill incorporates federal fair credit reporting laws into state law while preserving enhanced protections found in current state law.
Maryland
H.B. 1297
Enrolled 4/8/13
S.B. 897
Enrolled 4/8/13
Requires the Department of Human Resources to request a security freeze on the consumer report or a specified record of specified protected consumers who are minor children in the custody of a local department of social services who have been placed in a foster care setting in accordance with specified application procedures. 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. 298
Relates to the protection of personal information in consumer transactions.
Michigan
S.B. 174
Allows parents to place a security freeze on consumer credit information on children for credit reports and reporting agencies.
Minnesota
H.F. 836
Authorizes certain representatives of protected consumers to lift or remove credit freezes.
Mississippi
none
Missouri
none
Montana
none
Nebraska
none
Nevada
none
New Hampshire
none
New Jersey
none
New Mexico
none
New York
S.B. 3278
Amends the General Business Law; implements provisions to protect credit reports of certain consumers.
North Carolina
none
North Dakota
none
N. Mariana Islands not available
Ohio
none
Oklahoma
none
Oregon
S.B. 574
Permits a consumer to request that a consumer reporting agency place, temporarily lift or remove a security freeze on a protected consumer's consumer report if the consumer provides sufficient proof of the consumer's authority to act on the protected consumer's behalf.
Pennsylvania
H.B. 713
Amends the Credit Reporting Agency Act, provides for findings and intent; and further provides for definitions, for security freeze, for consumer reporting agency, for temporary access or removal of security freeze and for fees.
Puerto Rico
none
Rhode Island
none
South Carolina
H.B. 3628
Adds §37-20-161, so as to provide for certain measures to safeguard a class of protected consumers from becoming victims of identity theft. Allows representatives with sufficient proof of authority to place a preemptive security freeze on protected consumer's credit reports. Provides limitations. Provides requirements to implement a security freeze. Provides for the duration and extent of a security freeze, and provides terms for removal of a security freeze on a protected consumer's credit report or record.
S.B. 148
Adds §37-20-161 to provide for certain measures to safeguard a class of "protected consumers" from becoming victims of identity theft, to allow representatives, providing sufficient proof of authority, to place a preemptive security freeze on protected consumer's credit reports. Provides the limitations of this section. Provides requirements to implement a security freeze. Provides for the duration and extent of a security freeze. Provides terms for removal of a security freeze on a protected consumer's credit report or record.
South Dakota
none
Tennessee
none
Texas
H.B. 1087
Relates to the authority of a parent or legal guardian to establish a consumer file for a child or adult ward and act on the child's or adult ward's behalf with a consumer reporting agency.
S.B. 60
Passed Senate 3/13/13
The bill amends current law relating to authorizing the placement of a security freeze on the consumer file or other record created or maintained by a consumer reporting agency regarding a person under 16 years of age.
Utah
none
Vermont
none
Virginia
none
Virgin Islands not available
Washington
none
West Virginia
none
Wisconsin
none
Wyoming
none
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