1 | Representative(s) Adams offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove lines 44 through 257 and insert: |
5 | information contained within the consumer report to a third |
6 | party without the express authorization of the consumer. This |
7 | section does not prevent a consumer reporting agency from |
8 | advising a third party that a security freeze is in effect with |
9 | respect to the consumer report. For purposes of this part, the |
10 | term "consumer report" has the same meaning set forth in 15 |
11 | U.S.C. s. 1681a(d). |
12 | (2) A consumer may place a security freeze on his or her |
13 | consumer report by: |
14 | (a) Making a request in writing by certified mail to a |
15 | consumer reporting agency. |
16 | (b) Including information that properly identifies the |
17 | consumer. |
18 | (c) Paying a fee authorized under this section. |
19 | (3) A consumer reporting agency shall place a security |
20 | freeze on a consumer report no later than 5 business days after |
21 | receiving a request from the consumer. |
22 | (4) The consumer reporting agency shall send a written |
23 | confirmation of the security freeze to the consumer within 10 |
24 | business days after instituting the security freeze and shall |
25 | provide the consumer with a unique personal identification |
26 | number or password to be used by the consumer when providing |
27 | authorization for the removal of a security freeze on his or her |
28 | consumer report pursuant to subsection (5) or subsection (11). |
29 | (5) A consumer may allow his or her consumer report to be |
30 | accessed for a designated period of time while a security freeze |
31 | is in effect by contacting the consumer reporting agency and |
32 | requesting that the freeze be temporarily lifted. The consumer |
33 | must provide the following information to the consumer reporting |
34 | agency as part of the request: |
35 | (a) Proper identification as determined by the consumer |
36 | reporting agency. |
37 | (b) The unique personal identification number or password |
38 | provided by the consumer reporting agency pursuant to subsection |
39 | (4). |
40 | (c) Information specifying the period of time for which |
41 | the report shall be made available. |
42 | (d) Payment of a fee authorized by this section. |
43 | (6) A consumer reporting agency that receives a request |
44 | from a consumer to temporarily lift a freeze on a consumer |
45 | report pursuant to subsection (5) shall comply with the request |
46 | no later than 3 business days after receiving the request. |
47 | (7) No later than July 1, 2007, a consumer reporting |
48 | agency doing business in this state shall select and develop a |
49 | secure electronic contact method, which may include the use of |
50 | telephone, fax, the Internet, or other secure electronic means, |
51 | by which to receive and process requests from consumers to |
52 | temporarily lift a freeze on a consumer report pursuant to |
53 | subsection (5). |
54 | (8) A consumer reporting agency shall temporarily lift or |
55 | remove a security freeze placed on a consumer report only in the |
56 | following instances: |
57 | (a) Upon consumer request, pursuant to subsection (5) or |
58 | subsection (11). |
59 | (b) If the consumer report was frozen due to a material |
60 | misrepresentation of fact by the consumer. If a consumer |
61 | reporting agency intends to remove a security freeze on a |
62 | consumer report pursuant to this paragraph, the consumer |
63 | reporting agency shall notify the consumer in writing prior to |
64 | removing the security freeze. |
65 | (9) A third party requesting access to a consumer report |
66 | on which a security freeze is in effect in connection with an |
67 | application for credit or other permissible use may treat the |
68 | application as incomplete if the consumer has not authorized a |
69 | temporary lifting of the security freeze for the period of time |
70 | during which the request is made. |
71 | (10) If a consumer requests a security freeze, the |
72 | consumer reporting agency shall disclose to the consumer all |
73 | information relevant to the process of instituting, temporarily |
74 | lifting, and removing a security freeze and shall include the |
75 | disclosure required by subsection (17). |
76 | (11) A security freeze shall remain in place until the |
77 | consumer requests that it be removed. A consumer reporting |
78 | agency shall remove a security freeze within 3 business days |
79 | after receiving a request for removal from the consumer, who, |
80 | upon making the request for removal, must provide the following: |
81 | (a) Proper identification as determined by the consumer |
82 | reporting agency. |
83 | (b) The unique personal identification number or password |
84 | provided by the consumer reporting agency pursuant to subsection |
85 | (4). |
86 | (c) Payment of a fee authorized by this section. |
87 | (12) The provisions of this section do not apply to the |
88 | use of a consumer report by the following persons or for the |
89 | following reasons: |
90 | (a) A person to whom the consumer owes a financial |
91 | obligation or a subsidiary, affiliate, or agent of the person, |
92 | or an assignee of a financial obligation owed by the consumer to |
93 | the person, or a prospective assignee of a financial obligation |
94 | owed by the consumer to the person in conjunction with the |
95 | proposed purchase of the financial obligation, with which the |
96 | consumer has or had prior to assignment an account or contract, |
97 | including a deposit account, or to whom the consumer issued a |
98 | negotiable instrument, for the purposes of reviewing the account |
99 | or collecting the financial obligation owed for the account, |
100 | contract, or negotiable instrument. For purposes of this |
101 | paragraph, "reviewing the account" includes activities related |
102 | to account maintenance, monitoring, credit line increases, and |
103 | account upgrades and enhancements. |
104 | (b) A subsidiary, affiliate, agent, assignee, or |
105 | prospective assignee of a person to whom access has been granted |
106 | under this section for purposes of facilitating the extension of |
107 | credit or other permissible use. |
108 | (c) A state agency acting within its lawful investigative |
109 | or regulatory authority. |
110 | (d) A state or local law enforcement agency acting to |
111 | investigate a crime or conducting a criminal background check. |
112 | (e) Any person administering a credit file monitoring |
113 | subscription service to which the consumer has subscribed. |
114 | (f) Any person for the purpose of providing a consumer |
115 | with a copy of the consumer report upon the consumer's request. |
116 | (g) Pursuant to a court order lawfully entered. |
117 | (h) The use of credit information for the purposes of |
118 | prescreening as provided for by the federal Fair Credit |
119 | Reporting Act. |
120 | (i) Any insurance company for use in setting or adjusting |
121 | a rate, adjusting a claim, or underwriting for insurance |
122 | purposes. |
123 | (j) A consumer reporting agency's database or file which |
124 | consists entirely of information concerning, and is used solely |
125 | for, one or more of the following: |
126 | 1. Criminal record information. |
127 | 2. Personal loss history information. |
128 | 3. Fraud prevention or detection. |
129 | 4. Tenant screening. |
130 | 5. Employment screening. |
131 | (13)(a) A consumer reporting agency may charge a |
132 | reasonable fee, not to exceed $10, to a consumer who elects to |
133 | place, remove, or temporarily lift a security freeze on his or |
134 | her consumer report. |
135 | (b) A consumer reporting agency shall not charge any fee: |
136 | 1. To a consumer 65 years of age or older for the initial |
137 | placement or removal of a security freeze; or |
138 | 2. To a victim of identity theft who has submitted, at the |
139 | time the security freeze is requested, a copy of a valid |
140 | investigative or incident report or complaint with a law |
141 | enforcement agency about the unlawful use of the victim's |
142 | identifying information by another person. |
143 | (c) A consumer reporting agency may charge a reasonable |
144 | fee, not to exceed $10, if the consumer fails to retain the |
145 | original personal identification number or password provided by |
146 | the consumer reporting agency and the agency must reissue the |
147 | personal identification number or password or provide a new |
148 | personal identification number or password to the consumer. |
149 | (14) If a security freeze is in effect, a consumer |
150 | reporting agency shall not change any of the following official |
151 | information in a consumer report without sending a written |
152 | confirmation of the change to the consumer within 30 days after |
153 | the change is posted to the consumer's file: |
154 | (a) Name. |
155 | (b) Address. |
156 | (c) Date of birth. |
157 | (d) Social security number. |
158 |
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159 | Written confirmation is not required for technical corrections |
160 | of a consumer's official information, including name and street |
161 | abbreviations, complete spellings, or transposition of numbers |
162 | or letters. In the case of an address change, the written |
163 | confirmation shall be sent to both the new address and the |
164 | former address. |
165 | (15) The provisions of this section do not apply to the |
166 | following entities: |
167 | (a) A check services company, which issues authorizations |
168 | for the purpose of approving or processing negotiable |
169 | instruments, electronic funds transfers, or similar methods of |
170 | payment. |
171 | (b) A deposit account information service company, which |
172 | issues reports regarding account closures due to fraud, |
173 | substantial overdrafts, automatic teller machine abuse, or |
174 | similar negative information regarding a consumer to inquiring |
175 | banks or other financial institutions for use only in reviewing |
176 | a consumer request for a deposit account at the inquiring bank |
177 | or financial institution, as defined in s. 655.005(1)(g) or (h), |
178 | or in federal law. |
179 | (c) A consumer reporting agency that acts only as a |
180 | reseller of credit information by assembling and merging |
181 | information contained in the database of another consumer |
182 | reporting agency or multiple consumer reporting agencies and |
183 | does not maintain a permanent database of credit information |
184 | from which new consumer reports are produced. However, a |
185 | consumer reporting agency shall honor any security freeze |
186 | placed, removed, or temporary lifted on a consumer report by |
187 | another consumer reporting agency. |
188 | (d) A fraud prevention services company issuing reports to |
189 | prevent or investigate fraud. |
190 | (16) In addition to any other penalties or remedies |
191 | provided under law, a person who is aggrieved by a violation of |
192 | the provisions of this section may bring a civil action as |
193 | authorized by this subsection. |
194 | (a) Any person who willfully fails to comply with any |
195 | requirement imposed under this section with respect to any |
196 | consumer is liable to that consumer for actual damages sustained |
197 | by the consumer as a result of the failure of not less than $100 |
198 | and not more than $1,000, plus the cost of the action together |
199 | with reasonable attorney's fees. |
200 | (b) Any individual who obtains a consumer report under |
201 | false pretenses or knowingly without a permissible purpose is |
202 | liable to the consumer for actual damages sustained by the |
203 | consumer as a result of the failure or damages of not less than |
204 | $100 and not more than $1,000, whichever is greater. Any person |
205 | who obtains a consumer report from a consumer reporting agency |
206 | under false pretenses or knowingly without a permissible purpose |
207 | is liable to the consumer reporting agency for actual damages |
208 | sustained by the consumer reporting agency or $1,000, whichever |
209 | is greater. |
210 | (c) Punitive damages may be assessed for willful |
211 | violations of this section. |
212 | (d) Any person who is negligent in failing to comply with |
213 | any requirement imposed under this section with respect to any |
214 | consumer is liable to that consumer for any actual damages |
215 | sustained by the consumer as a result of the failure of not less |
216 | than $100 and not more than $1,000. |
217 | (e) Upon a finding by the court that an unsuccessful |
218 | pleading, motion, or other paper filed in connection with an |
219 | action under this subsection was filed in bad faith or for |
220 | purposes of harassment, the court shall award to the prevailing |
221 | party attorney's fees that are reasonable in relation to the |
222 | work performed in responding to the pleading, motion, or other |
223 | paper. |
224 | (17) Any written disclosure by a consumer reporting |
225 | agency, pursuant to 15 U.S.C. s. 1681g, to any consumer residing |
226 | in this state shall include a written summary of all rights the |
227 | consumer has under this section, and, in the case of a consumer |
228 | reporting agency which compiles and maintains consumer reports |
229 | on a nationwide basis, a toll-free telephone number which the |
230 | consumer can use to communicate with the consumer reporting |
231 | agency. The information set forth in paragraph (b) of the |
232 | written summary of rights must be in at least 12-point boldface |
233 | type. The written summary of rights required under this section |
234 | is sufficient if it is substantially in the following form: |
235 |
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236 | ======= T I T L E A M E N D M E N T ======= |
237 | Remove lines 19 through 24 and insert: |
238 |
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239 | applicability; authorizing a consumer reporting agency to charge |
240 | a fee to place, remove, or temporarily lift a security freeze; |
241 | prohibiting a consumer reporting agency from charging a fee to |
242 | specified persons; authorizing the charging of a fee for the |
243 | reissuance of a personal identification number; restricting |