Amendment
Bill No. 0037
Amendment No. 856721
CHAMBER ACTION
Senate House
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1Representative(s) Adams offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 44 through 257 and insert:
5information contained within the consumer report to a third
6party without the express authorization of the consumer. This
7section does not prevent a consumer reporting agency from
8advising a third party that a security freeze is in effect with
9respect to the consumer report. For purposes of this part, the
10term "consumer report" has the same meaning set forth in 15
11U.S.C. s. 1681a(d).
12     (2)  A consumer may place a security freeze on his or her
13consumer report by:
14     (a)  Making a request in writing by certified mail to a
15consumer reporting agency.
16     (b)  Including information that properly identifies the
17consumer.
18     (c)  Paying a fee authorized under this section.
19     (3)  A consumer reporting agency shall place a security
20freeze on a consumer report no later than 5 business days after
21receiving a request from the consumer.
22     (4)  The consumer reporting agency shall send a written
23confirmation of the security freeze to the consumer within 10
24business days after instituting the security freeze and shall
25provide the consumer with a unique personal identification
26number or password to be used by the consumer when providing
27authorization for the removal of a security freeze on his or her
28consumer report pursuant to subsection (5) or subsection (11).
29     (5)  A consumer may allow his or her consumer report to be
30accessed for a designated period of time while a security freeze
31is in effect by contacting the consumer reporting agency and
32requesting that the freeze be temporarily lifted. The consumer
33must provide the following information to the consumer reporting
34agency as part of the request:
35     (a)  Proper identification as determined by the consumer
36reporting agency.
37     (b)  The unique personal identification number or password
38provided by the consumer reporting agency pursuant to subsection
39(4).
40     (c)  Information specifying the period of time for which
41the 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
44from a consumer to temporarily lift a freeze on a consumer
45report pursuant to subsection (5) shall comply with the request
46no later than 3 business days after receiving the request.
47     (7)  No later than July 1, 2007, a consumer reporting
48agency doing business in this state shall select and develop a
49secure electronic contact method, which may include the use of
50telephone, fax, the Internet, or other secure electronic means,
51by which to receive and process requests from consumers to
52temporarily lift a freeze on a consumer report pursuant to
53subsection (5).
54     (8)  A consumer reporting agency shall temporarily lift or
55remove a security freeze placed on a consumer report only in the
56following instances:
57     (a)  Upon consumer request, pursuant to subsection (5) or
58subsection (11).
59     (b)  If the consumer report was frozen due to a material
60misrepresentation of fact by the consumer. If a consumer
61reporting agency intends to remove a security freeze on a
62consumer report pursuant to this paragraph, the consumer
63reporting agency shall notify the consumer in writing prior to
64removing the security freeze.
65     (9)  A third party requesting access to a consumer report
66on which a security freeze is in effect in connection with an
67application for credit or other permissible use may treat the
68application as incomplete if the consumer has not authorized a
69temporary lifting of the security freeze for the period of time
70during which the request is made.
71     (10)  If a consumer requests a security freeze, the
72consumer reporting agency shall disclose to the consumer all
73information relevant to the process of instituting, temporarily
74lifting, and removing a security freeze and shall include the
75disclosure required by subsection (17).
76     (11)  A security freeze shall remain in place until the
77consumer requests that it be removed. A consumer reporting
78agency shall remove a security freeze within 3 business days
79after receiving a request for removal from the consumer, who,
80upon making the request for removal, must provide the following:
81     (a)  Proper identification as determined by the consumer
82reporting agency.
83     (b)  The unique personal identification number or password
84provided 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
88use of a consumer report by the following persons or for the
89following reasons:
90     (a)  A person to whom the consumer owes a financial
91obligation or a subsidiary, affiliate, or agent of the person,
92or an assignee of a financial obligation owed by the consumer to
93the person, or a prospective assignee of a financial obligation
94owed by the consumer to the person in conjunction with the
95proposed purchase of the financial obligation, with which the
96consumer has or had prior to assignment an account or contract,
97including a deposit account, or to whom the consumer issued a
98negotiable instrument, for the purposes of reviewing the account
99or collecting the financial obligation owed for the account,
100contract, or negotiable instrument. For purposes of this
101paragraph, "reviewing the account" includes activities related
102to account maintenance, monitoring, credit line increases, and
103account upgrades and enhancements.
104     (b)  A subsidiary, affiliate, agent, assignee, or
105prospective assignee of a person to whom access has been granted
106under this section for purposes of facilitating the extension of
107credit or other permissible use.
108     (c)  A state agency acting within its lawful investigative
109or regulatory authority.
110     (d)  A state or local law enforcement agency acting to
111investigate a crime or conducting a criminal background check.
112     (e)  Any person administering a credit file monitoring
113subscription service to which the consumer has subscribed.
114     (f)  Any person for the purpose of providing a consumer
115with 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
118prescreening as provided for by the federal Fair Credit
119Reporting Act.
120     (i)  Any insurance company for use in setting or adjusting
121a rate, adjusting a claim, or underwriting for insurance
122purposes.
123     (j)  A consumer reporting agency's database or file which
124consists entirely of information concerning, and is used solely
125for, 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
132reasonable fee, not to exceed $10, to a consumer who elects to
133place, remove, or temporarily lift a security freeze on his or
134her 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
137placement or removal of a security freeze; or
138     2.  To a victim of identity theft who has submitted, at the
139time the security freeze is requested, a copy of a valid
140investigative or incident report or complaint with a law
141enforcement agency about the unlawful use of the victim's
142identifying information by another person.
143     (c)  A consumer reporting agency may charge a reasonable
144fee, not to exceed $10, if the consumer fails to retain the
145original personal identification number or password provided by
146the consumer reporting agency and the agency must reissue the
147personal identification number or password or provide a new
148personal identification number or password to the consumer.
149     (14)  If a security freeze is in effect, a consumer
150reporting agency shall not change any of the following official
151information in a consumer report without sending a written
152confirmation of the change to the consumer within 30 days after
153the 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
159Written confirmation is not required for technical corrections
160of a consumer's official information, including name and street
161abbreviations, complete spellings, or transposition of numbers
162or letters. In the case of an address change, the written
163confirmation shall be sent to both the new address and the
164former address.
165     (15)  The provisions of this section do not apply to the
166following entities:
167     (a)  A check services company, which issues authorizations
168for the purpose of approving or processing negotiable
169instruments, electronic funds transfers, or similar methods of
170payment.
171     (b)  A deposit account information service company, which
172issues reports regarding account closures due to fraud,
173substantial overdrafts, automatic teller machine abuse, or
174similar negative information regarding a consumer to inquiring
175banks or other financial institutions for use only in reviewing
176a consumer request for a deposit account at the inquiring bank
177or financial institution, as defined in s. 655.005(1)(g) or (h),
178or in federal law.
179     (c)  A consumer reporting agency that acts only as a
180reseller of credit information by assembling and merging
181information contained in the database of another consumer
182reporting agency or multiple consumer reporting agencies and
183does not maintain a permanent database of credit information
184from which new consumer reports are produced. However, a
185consumer reporting agency shall honor any security freeze
186placed, removed, or temporary lifted on a consumer report by
187another consumer reporting agency.
188     (d)  A fraud prevention services company issuing reports to
189prevent or investigate fraud.
190     (16)  In addition to any other penalties or remedies
191provided under law, a person who is aggrieved by a violation of
192the provisions of this section may bring a civil action as
193authorized by this subsection.
194     (a)  Any person who willfully fails to comply with any
195requirement imposed under this section with respect to any
196consumer is liable to that consumer for actual damages sustained
197by the consumer as a result of the failure of not less than $100
198and not more than $1,000, plus the cost of the action together
199with reasonable attorney's fees.
200     (b)  Any individual who obtains a consumer report under
201false pretenses or knowingly without a permissible purpose is
202liable to the consumer for actual damages sustained by the
203consumer 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
205who obtains a consumer report from a consumer reporting agency
206under false pretenses or knowingly without a permissible purpose
207is liable to the consumer reporting agency for actual damages
208sustained by the consumer reporting agency or $1,000, whichever
209is greater.
210     (c)  Punitive damages may be assessed for willful
211violations of this section.
212     (d)  Any person who is negligent in failing to comply with
213any requirement imposed under this section with respect to any
214consumer is liable to that consumer for any actual damages
215sustained by the consumer as a result of the failure of not less
216than $100 and not more than $1,000.
217     (e)  Upon a finding by the court that an unsuccessful
218pleading, motion, or other paper filed in connection with an
219action under this subsection was filed in bad faith or for
220purposes of harassment, the court shall award to the prevailing
221party attorney's fees that are reasonable in relation to the
222work performed in responding to the pleading, motion, or other
223paper.
224     (17)  Any written disclosure by a consumer reporting
225agency, pursuant to 15 U.S.C. s. 1681g, to any consumer residing
226in this state shall include a written summary of all rights the
227consumer has under this section, and, in the case of a consumer
228reporting agency which compiles and maintains consumer reports
229on a nationwide basis, a toll-free telephone number which the
230consumer can use to communicate with the consumer reporting
231agency. The information set forth in paragraph (b) of the
232written summary of rights must be in at least 12-point boldface
233type. The written summary of rights required under this section
234is sufficient if it is substantially in the following form:
235
236======= T I T L E  A M E N D M E N T =======
237     Remove lines 19 through 24 and insert:
238
239applicability; authorizing a consumer reporting agency to charge
240a fee to place, remove, or temporarily lift a security freeze;
241prohibiting a consumer reporting agency from charging a fee to
242specified persons; authorizing the charging of a fee for the
243reissuance of a personal identification number; restricting


CODING: Words stricken are deletions; words underlined are additions.