Consumer Report Security Freeze State Laws

Heather Morton 6/26/2018

Fifty states, the District of Columbia and Puerto Rico 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.

Thirty-three states allow parents, legal guardians or other representatives of minors to place a security freeze on the minor's credit report: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Montana, Nebraska, New York, North Carolina, Ohio, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington and Wisconsin.

In May, Congress recently passed and the President signed S.2155, which put into federal law provisions for creating a security freeze for both regular consumers and protected consumers. In the new law, consumers may place the freeze free of charge. You can review the text under Title III, Section 301. The provisions preempted the state laws will go into effect 120 days after the date of enactment.

 

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 and a parent, legal guardian, or conservator of a minor, incapacitated person, or protected person may make a request under AS 45.48.100 - 45.48.290 on behalf of a consumer who is the minor, incapacitated person, or protected person under the supervision of that parent, legal guardian, or conservator.

 Arizona

Ariz. Rev. Stat. Ann. §44-1698

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

Ark. Stat. Ann. §4-112-101 et seq.

 Any consumer
 California

Cal. Civil Code §1785.11.2 et seq

 Any consumer, including a representative of a “protected consumer,” meaning an individual who is any of the following: (1) Under 16 years of age at the time a request for the placement of a security freeze is made. (2) An incapacitated person or a protected person for whom a guardian or conservator has been appointed. (3) Under the jurisdiction of a county welfare department or county probation department, has been placed in a foster care setting, and is under 16 years of age at the time a request for placement of a security freeze is made.

 Colorado

Colo. Rev. Stat. §5-18-101 et seq.

2018 Chapter 75

 Any consumer, including a representative of a "protected consumer," meaning a consumer who, at the time a security freeze request is made, is: (a) under 16 years of age; or (b) represented by a representative.
 Connecticut

Conn. Gen. Stat. §36a-701 et seq.

 Any consumer, including a parent or legal guardian of a minor child. Minor child means an individual under 16 years of age at the time a request for placement of a security freeze is submitted.
 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 and §501.0051 

 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.
 Guam None  
 Hawaii

Hawaii Rev. Stat. §489P-1 et seq.

2017 Act 92

 Any consumer who is a resident of the state, including a representative of a "protected consumer," an individual who is (1) under the age of 16 at the time a request for the placement of a security freeze is made or (2) incapacitated or for whom a court or other authority has appointed a guardian or conservator.
 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 by (1) a guardian of the disabled person that is the subject of the request, appointed under Article XIa of the Probate Act of 1975; and (2) an agent of the disabled person that is the subject of the request, under a written durable power of attorney that complies with the Illinois Power of Attorney Act or on behalf of a minor by (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. and Ind. Code §24-5-24.5-1 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, including a representative of a ‘‘protected consumer,’’ meaning an individual who is: (1) Under the age of 16 years at the time a request for the placement of a security freeze is made under section 1, and amendments thereto; or (2) an individual for whom a guardian or conservator has been appointed.
 Kentucky

Ky. Rev. Stat. §367.363 et seq.

 Any consumer, including a representative of a "protected consumer," an individual who is (1) under the age of 16 at the time a request for the placement of a security freeze is made or (2) incapacitated or for whom a court or other authority has appointed a guardian or conservator.
 Louisiana

La. Rev. Stat. Ann. §9:3571.1 and §9:3571.3

 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, §1306 et seq.

 A victim of identity theft or a consumer, including a representative of a protected consumer, who is an individual who has not attained 16 years of age at the time a request for the placement of a security freeze is made.
 Maryland

Md. Commercial Code Ann. §14-1212.1 et seq.

2018 Chapters 480, 676 and 677

 Any consumer, including a representative of a "protected consumer," an individual who is: (a) Under the age of 16 years; (b) 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; (d) 85 years old or older; (d) a service member or (3) an incarcerated person in a state correctional facility.
 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

2018 Chapter 158

 Any consumer, including a representative of a "protected consumer," meaning an individual who is under the age of 16 at the time a request for the placement of a security freeze is made.
 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. **Note, a minor must have an existing credit report in order to place a security freeze.
 Nebraska

Neb. Rev. Stat. §8-2601 et seq.

 Any consumer, including a representative of a protected consumer means an individual who is (a) under 16 years of age at the time a request for the placement of a security freeze is made or (b) an incapacitated person for whom a guardian or guardian ad litem has been 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, including a protected consumer, who is an individual who is under the age of 16 years at the time a request for the placement of a security freeze is made.
 North Carolina

N.C. Gen. Stat. §75-60 et seq

 Any consumer, including a protected consumer who is an individual (i) who is under the age of 16 at the time a request for the placement of a security freeze is made pursuant to G.S. 75‑63.1 or (ii) who is incapacitated or for whom a guardian or guardian ad litem has been appointed.
 North Dakota

N.D. Cent. Code §51-33-01 et seq

 Any consumer
N. Mariana Islands Statutes not available  
 Ohio

Ohio Rev. Code Ann. §1349.52 et seq.

 Any consumer, including a representative of a "protected consumer" means an individual, at the time a request for the placement of a security freeze is made, who meets either of the following: (a) Is a minor protected consumer (under 16 years of age); (b) Is a person for whom a guardian of the estate or conservator has been appointed.
 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
Puerto Rico 2016 Session Law 236  
 Rhode Island

R.I. Gen. Laws §6-48-1 et seq

 Any consumer
 South Carolina

S.C. Code Ann. §37-20-110 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.
 South Dakota

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


S.D. Codified Laws Ann. §54-16-1 et seq.  

 Identity theft victim only

 


A representative of a "protected consumer, " a person who is under the age of 16 years at the time a request for the placement of a security freeze is made or an incapacitated person or a protected person for whom a guardian or conservator has been appointed

 Tennessee

Tenn. Code §47-18-2101 et seq.

 Any consumer, including a representative of a protected consumer, who is (A) An individual who is under 16 years of age at the time a request for the placement of a security freeze under this section is made; or (B) An incapacitated person for whom a guardian or conservator has been appointed pursuant to title 34.
 Texas

Tex. Business & Commerce Code Ann. §20.01 et seq. and Tex. Business & Commerce Code Ann. §20.21 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. §13-45-101 et seq.

 A victim of identity theft or a consumer, including a representative of a protected consumer, who is an individual who, at the time a request for a security freeze is made, is: (a) less than 16 years of age; (b) an incapacitated person; or (c) a protected person defined in §75-5b-102.
 Vermont

Vt. Stat. Ann. tit. 9, §2480a et seq

2018 Acts 171 and 179

 Any consumer, including a representative of a protected consumer, who is a natural person who, at the time a request for a security freeze is made, is: (A) under 16 years of age; (B) an incapacitated person; or (C) a protected person.
 Virginia

Va. Code §59.1-444.1 et seq

 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.
Virgin Islands None  
 Washington

Wash. Rev. Code §19.182.170 et seq


Wash. Rev. Code §19.182.220 et seq.

 Any consumer who is a resident of the state

 


A representative of a "protected consumer" means an individual who is: (a) Under the age of 16 years old at the time a request for the placement of a security freeze is made pursuant to RCW 19.182.230; or (b) Incapacitated and for whom a guardian or limited guardian has been appointed.

 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, the District of Columbia and Puerto Rico

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