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Consumer Report Security Freeze State Statutes

Consumer Report Security Freeze State Laws

Heather Morton 9/23/2014

Fifty states and the District of Columbia have enacted legislation allowing consumers to place "security freeze" on their credit reports. 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.

Security Freeze Laws
 State Citation   Who May Request a Freeze
 Alabama Ala. Code §8-35-1 et seq.  Any consumer
 Alaska

Alaska Stat. §45.48.100 et seq.

Any consumer

 Arizona

Ariz. Rev. Stat. Ann. §44-1698

 Any consumer
 Arkansas

Ark. Stat. Ann. §4-112-101 et seq.

 Any consumer
 California

Cal. Civil Code §1785.11.2 et seq

 Any consumer

 Colorado

Colo. Rev. Stat. §12-14.3-101 et seq.  Any consumer
 Connecticut

Conn. Gen. Stat. §36a-701 et seq

 Any consumer
 Delaware

Del. Code Ann. tit. 6, §2201 et seq

 Any consumer, including a representative of a “protected consumer,” an individual who is: a. Under the age of 16 years at the time a request for the placement of a security freeze is made; or b. An incapacitated person or a protected person for whom a guardian or conservator has been appointed.

District of Columbia

D.C. Code Ann. §28-3861 et seq

 Any consumer
 Florida

Fla. Stat. §501.005 

 Any consumer, including a representative of a "protected consumer," a person younger than 16 years of age at the time a security freeze request is made or a person represented by a guardian or other advocate pursuant to chapter 39, chapter 393, chapter 744, or chapter 914.
 Georgia

Ga. Code §10-1-913 et seq.

 Any consumer residing in the state, including a representative of a "protected consumer," an individual who is: (A) Under the age of 16 years at the time a request for the placement of a security freeze is made under subsection (a) of Code §10-1-914.1; or (B) An individual for whom a guardian or conservator has been appointed.
 Hawaii

Hawaii Rev. Stat. §489P-1 et seq.

 Any consumer who is a resident of the state
 Idaho

Idaho Code §28-52-101 et seq.

 Any consumer
 Illinois

Ill. Rev. Stat. ch. 815, §505/2MM 

 Any consumer, including a representative on behalf of a disabled person appointed under Article XIa of the Probate Act of 1975 and under a written durable power of attorney that complies with the Illinois Power of Attorney Act or on behalf of a minor. The representative of a minor may be (1) a guardian of the minor that is the subject of the request, appointed under Article XI of the Probate Act of 1975; (2) a parent of the minor that is the subject of the request; and (3) a guardian appointed under the Juvenile Court Act of 1987 for a minor under the age of 18 who is the subject of the request or, with a court order authorizing the guardian consent power, for a youth who is the subject of the request who has attained the age of 18, but who is under the age of 21.
 Indiana

Ind. Code §24-5-24-1 et seq

 Any consumer, including a representative of a "protected consumer," an individual who is: (1) less than 16 years of age, or (2) an incapacitated person (as defined in IC 29-3-1-7.5) for whom a court has appointed a guardian.
 Iowa

Iowa Code §714G.1 et seq

 Any consumer who is a resident of the state, including a representative of a "protected consumer," an individual who is either under 16 years of age at the time a request for a protected consumer security freeze is made for the individual or is an incapacitated person or a protected person for whom a guardian or conservator has been appointed.
 Kansas

Kan. Stat. Ann. §50-701 et seq.

 Any consumer
 Kentucky

Ky. Rev. Stat. §367.363 et seq.

 Any consumer
 Louisiana

La. Rev. Stat. Ann. §9:3571.1 

 Any consumer, including a representative of a "protected consumer," an individual who is either of the following: (a) Under the age of 16 years at the time a request for the placement of a security freeze is made. (b) An interdicted person for whom a curator has been appointed, or an incapacitated person or a protected person for whom a guardian or conservator has been appointed.
 Maine

Me. Rev. Stat. Ann. tit. 10, §1311 et seq.

 A victim of identity theft or a consumer
 Maryland

Md. Commercial Code Ann. §1212.1 et seq.

 Any consumer, including a representative of a "protected consumer," an individual who is: (i) Under the age of 16 years at the time a request for the placement of a security freeze is made or (ii) An incapacitated person or a protected person for whom a guardian or conservator has been appointed in accordance with Title 13 of the Estates and Trusts Article. A protected consumer includes an individual who: (i) Is in the custody of a local department; and (ii) Has been placed in a foster care setting.
 Massachusetts

Mass. Gen. Laws. Ann. ch. 93, §50 et seq.

 Any consumer
 Michigan

Mich. Comp. Laws §445.2511 et seq.

 Any consumer, including a representative of a "protected consumer," (i) An individual who is under 16 years of age at the time a request for the placement of a security freeze is made. (ii) An incapacitated person or a protected person for whom a guardian or conservator has been appointed has been appointed under article V of the estates and protected individuals code, 1998 PA 386, MCL 700.5101 to 700.5520.
 Minnesota

Minn. Stat. §13C.016 et seq

 Any consumer
 Mississippi

Miss. Code Ann. §75-24-201 et seq.

 Identity theft victim only
 Missouri  Mo. Rev. Stat. §407.1380 et seq.  Any consumer
 Montana

Mont. Code Ann. §30-14-1726 et seq

 Any consumer, including a parent or guardian in the case of a minor or of an incapacitated person, or a conservator in the case of a protected person.
 Nebraska

Neb. Rev. Stat. §8-2601 et seq.

 Any consumer, including a minor at the request of a parent or custodial parent or guardian if appointed.
 Nevada

Nev. Rev. Stat. §598C.010 et seq

 Any consumer
 New Hampshire

N.H. Rev. Stat. Ann. §359-B:22 et seq

 Any consumer
 New Jersey

N.J. Rev. Stat. §56:11-30 et seq

 Any consumer 
 New Mexico

N.M. Stat. Ann. §56-3A-1 et seq.

 Any consumer
 New York

N.Y. General Business Law §380-a et seq

 Any consumer
 North Carolina

N.C. Gen. Stat. §75-60 et seq

 Any consumer
 North Dakota

N.D. Cent. Code §51-33-01 et seq

 Any consumer
 Ohio

Ohio Rev. Code Ann. §1349.52 et seq.

 Any consumer
 Oklahoma

Okla. Stat. tit. 24, §149 

 Any consumer
 Oregon

Or. Rev. Stat. §646A.600 et seq.

 Any consumer, including a representative of a "protected consumer," an individual who is: (a) Not older than 16 years old at the time a representative requests a security freeze on the individual’s behalf; or (b) Incapacitated or for whom a court or other authority has appointed a guardian or conservator.
 Pennsylvania

Pa. Stat. tit. 73, §2501 et seq

 Any consumer
 Rhode Island

R.I. Gen. Laws §6-48-1 et seq

 Any consumer
 South Carolina

S.C. Code Ann. §37-20-110 et seq.

2014 Act 145

 Any consumer, including a representative of a "protected consumer," an individual who is: (a) under the age of 16 years at the time a request for the placement of a security freeze is made; or (b) an incapacitated person or a protected person for whom a guardian or conservator has been appointed.
 South Dakota

S.D. Codified Laws Ann. §54-15-1 et seq

 Identity theft victim only
 Tennessee

Tenn. Code §47-18-2101 et seq.

 Any consumer
 Texas

Tex. Business & Commerce Code Ann. §20.01 et seq.

 Any consumer, including a representative of a "protected consumer," an individual who resides in this state and is younger than 16 years of age at the time a request for the placement of a security freeze is made.
 Utah

Utah Code Ann. §13-42-101 et seq.

 A victim of identity theft or a consumer
 Vermont

Vt. Stat. Ann. tit. 9, §2480a et seq

 Any consumer
 Virginia

Va. Code §59.1-444.1 et seq

2014 Chapter 570

 Any consumer who is a resident of the state, including a representative of a "protected consumer," a consumer who is either: 1. Under the age of 16 years at the time a request for the placement of a security freeze is made; or 2. An incapacitated person for whom a guardian or conservator has been appointed in accordance with Chapter 20 (§64.2-2000 et seq.) of Title 64.2.
 Washington

Wash. Rev. Code §19.182.170 et seq

 Any consumer who is a resident of the state
 West Virginia

W. Va. Code §46A-6L-101 et seq

 Any consumer
 Wisconsin

Wis. Stat. §100.54 et seq

 A victim of identity theft or a consumer, including a representative of a "protected consumer," an individual who is one of the following: 1. Under the age of 16 years at the time a request for the placement of a security freeze is made under sub. (3)(a). 2. An individual for whom a guardian or conservator has been appointed.
 Wyoming

Wyo. Stat. §40-12-501 et seq.

 Any consumer

Total: 50 states and the District of Columbia

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

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