1 | A bill to be entitled |
2 | An act relating to security of consumer credit report |
3 | information; creating s. 501.005, F.S.; authorizing a |
4 | consumer to place a security freeze on his or her credit |
5 | report; defining "consumer credit report security freeze"; |
6 | providing procedures and requirements with respect to the |
7 | placement, temporary suspension, and removal of a security |
8 | freeze on a consumer credit report; authorizing a consumer |
9 | to allow specified temporary access to his or her credit |
10 | report during a security freeze; providing procedures with |
11 | respect to such temporary access; providing for removal of |
12 | a security freeze when a consumer's credit report was |
13 | frozen due to a material misrepresentation of fact by the |
14 | consumer; providing applicability; authorizing consumer |
15 | credit reporting agencies to charge a fee to initiate, |
16 | remove, or temporarily lift a security freeze; disallowing |
17 | such fee for victims of identity theft; restricting the |
18 | change of specified information in a consumer credit |
19 | report when a security freeze is in effect; specifying |
20 | applicability with respect to certain consumer credit |
21 | reporting agencies; specifying entities that are exempt |
22 | from placing a security freeze on a consumer credit |
23 | report; providing for civil remedy; providing requirements |
24 | with respect to written disclosure by a consumer credit |
25 | reporting agency of procedures and consumer rights |
26 | associated with a security freeze; providing an effective |
27 | date. |
28 |
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29 | Be It Enacted by the Legislature of the State of Florida: |
30 |
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31 | Section 1. Section 501.005, Florida Statutes, is created |
32 | to read: |
33 | 501.005 Consumer credit report security freeze.-- |
34 | (1) A consumer may elect to place a security freeze on his |
35 | or her credit report by making a request in writing by certified |
36 | mail to a consumer credit reporting agency. For purposes of this |
37 | section, "consumer credit report security freeze" or "security |
38 | freeze" means a notice placed in a consumer's credit report, at |
39 | the request of the consumer and subject to the exceptions |
40 | specified in this section, that prohibits the consumer credit |
41 | reporting agency from releasing the consumer's credit report or |
42 | any information contained within the credit report without the |
43 | express authorization of the consumer. When a security freeze is |
44 | in place, information from a consumer's credit report shall not |
45 | be released to a third party without prior express authorization |
46 | from the consumer. This act does not prevent a consumer credit |
47 | reporting agency from advising a third party that a security |
48 | freeze is in effect with respect to the consumer's credit |
49 | report. |
50 | (2) A consumer credit reporting agency shall place a |
51 | security freeze on a consumer's credit report no later than 5 |
52 | business days after receiving a written request from the |
53 | consumer. |
54 | (3) The consumer credit reporting agency shall send a |
55 | written confirmation of the security freeze to the consumer |
56 | within 10 business days of instituting the security freeze and |
57 | shall provide the consumer with a unique personal identification |
58 | number or password to be used by the consumer when providing |
59 | authorization for the limited release of his or her credit |
60 | report to a specific party during the security freeze or for a |
61 | designated period of time during the security freeze as provided |
62 | in subsection (4). |
63 | (4) If the consumer wishes to allow his or her credit |
64 | report to be accessed by a specific party or for a designated |
65 | period of time while a security freeze is in effect, he or she |
66 | shall contact the consumer credit reporting agency, request that |
67 | the freeze be temporarily lifted, and provide the following: |
68 | (a) Proper identification as determined by the consumer |
69 | credit reporting agency. |
70 | (b) The unique personal identification number or password |
71 | provided by the credit reporting agency pursuant to subsection |
72 | (3). |
73 | (c) The proper information regarding the third party who |
74 | is to receive the credit report or the period of time for which |
75 | the report shall be made temporarily available to those |
76 | authorized to access the credit report. |
77 | (5) A consumer credit reporting agency that receives a |
78 | request from a consumer to temporarily lift a freeze on a credit |
79 | report pursuant to subsection (4) shall comply with the request |
80 | no later than 3 business days after receiving the request. |
81 | (6) A consumer credit reporting agency may develop |
82 | procedures involving the use of telephone, fax, the Internet, or |
83 | other electronic media to receive and process a request from a |
84 | consumer to temporarily lift a freeze on a credit report |
85 | pursuant to subsection (4) in an expedited manner. |
86 | (7) A consumer credit reporting agency shall remove or |
87 | temporarily lift a security freeze placed on a consumer's credit |
88 | report only in the following instances: |
89 | (a) Upon consumer request, pursuant to subsection (4) or |
90 | subsection (10). |
91 | (b) If the consumer's credit report was frozen due to a |
92 | material misrepresentation of fact by the consumer. |
93 |
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94 | If a consumer credit reporting agency intends to remove a |
95 | security freeze on a consumer's credit report pursuant to this |
96 | subsection, the consumer credit reporting agency shall notify |
97 | the consumer in writing prior to removing the security freeze. |
98 | (8) A third party requesting access to a consumer credit |
99 | report on which a security freeze is in effect in connection |
100 | with an application for credit or any other use may treat the |
101 | application as incomplete if the consumer has not authorized a |
102 | temporary lifting of the security freeze for the specific third |
103 | party requesting access or for the period of time during which |
104 | the request is made. |
105 | (9) If a consumer requests a security freeze, the consumer |
106 | credit reporting agency shall disclose to the consumer all |
107 | information relevant to the process of instituting a security |
108 | freeze and the process for temporarily lifting the security |
109 | freeze to allow access to information from the consumer's credit |
110 | report by a specific party or for a limited period of time while |
111 | the security freeze is in effect. |
112 | (10) A security freeze shall remain in place until the |
113 | consumer requests that the security freeze be removed. A |
114 | consumer credit reporting agency shall remove a security freeze |
115 | within 3 business days of receiving a request for removal from |
116 | the consumer, who, upon making the request for removal, must |
117 | provide the following: |
118 | (a) Proper identification as determined by the consumer |
119 | credit reporting agency. |
120 | (b) The unique personal identification number or password |
121 | provided by the credit reporting agency pursuant to subsection |
122 | (3). |
123 | (11) A consumer credit reporting agency must require |
124 | proper identification of any person making a request to place or |
125 | remove a security freeze. |
126 | (12) The provisions of this section do not apply to the |
127 | use of a consumer credit report by the following persons or |
128 | entities or for the following reasons: |
129 | (a) A person or entity, or a subsidiary, affiliate, or |
130 | agent of the person or entity, or an assignee of a financial |
131 | obligation owed by the consumer to the person or entity, or a |
132 | prospective assignee of a financial obligation owed by the |
133 | consumer to the person or entity in conjunction with the |
134 | proposed purchase of the financial obligation, with which the |
135 | consumer has or had prior to assignment an account or contract, |
136 | including a demand deposit account, or to whom the consumer |
137 | issued a negotiable instrument, for the purposes of reviewing |
138 | the account or collecting the financial obligation owed for the |
139 | account, contract, or negotiable instrument. For purposes of |
140 | this paragraph, "reviewing the account" includes activities |
141 | related to account maintenance, monitoring, credit line |
142 | increases, and account upgrades and enhancements. |
143 | (b) A subsidiary, affiliate, agent, assignee, or |
144 | prospective assignee of a person to whom access has been granted |
145 | for purposes of facilitating the extension of credit or other |
146 | permissible use. |
147 | (c) Any state or local agency, law enforcement agency, |
148 | trial court, or private collection agency acting pursuant to a |
149 | court order, warrant, or subpoena. |
150 | (d) A child support agency acting pursuant to Title IV-D |
151 | of the Social Security Act. |
152 | (e) The Florida Department of Health or its agents or |
153 | assigns acting to investigate Medicaid fraud. |
154 | (f) The Department of Financial Services or its agents or |
155 | assigns acting to investigate or collect delinquent taxes or |
156 | unpaid court orders or to fulfill any of its other statutory |
157 | responsibilities. |
158 | (g) The use of credit information for the purposes of |
159 | prescreening as provided for by the federal Fair Credit |
160 | Reporting Act. |
161 | (13) Nothing in this act shall prevent a consumer credit |
162 | reporting agency from charging a reasonable fee to a consumer |
163 | who elects to place, remove, or temporarily lift a security |
164 | freeze on a consumer credit report, except that a consumer |
165 | credit reporting agency may not charge a fee to a victim of |
166 | identity theft who has submitted a valid police report, or a |
167 | valid investigative report with the Department of Highway Safety |
168 | and Motor Vehicles, that alleges such a violation. |
169 | (14) If a security freeze is in effect, a consumer credit |
170 | reporting agency shall not change any of the following official |
171 | information in a consumer credit report without sending a |
172 | written confirmation of the change to the consumer within 30 |
173 | days of the change being posted to the consumer's file: |
174 | (a) Name. |
175 | (b) Address. |
176 | (c) Date of birth. |
177 | (d) Social security number. |
178 |
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179 | Written confirmation is not required for technical modifications |
180 | of a consumer's official information, including name and street |
181 | abbreviations, complete spellings, or transposition of numbers |
182 | or letters. In the case of an address change, the written |
183 | confirmation shall be sent to both the new address and to the |
184 | former address. |
185 | (15) The provisions of this section do not apply to a |
186 | consumer credit reporting agency that acts only as a reseller of |
187 | credit information by assembling and merging information |
188 | contained in the database of another consumer credit reporting |
189 | agency or multiple consumer credit reporting agencies and does |
190 | not maintain a permanent database of credit information from |
191 | which new consumer credit reports are produced. However, a |
192 | consumer credit reporting agency shall honor any security freeze |
193 | placed on a consumer credit report by another consumer credit |
194 | reporting agency. |
195 | (16) The following entities are not required to place a |
196 | security freeze on a consumer credit report: |
197 | (a) A check services company, which issues authorizations |
198 | for the purpose of approving or processing negotiable |
199 | instruments, electronic funds transfers, or similar methods of |
200 | payment. |
201 | (b) A demand deposit account information service company, |
202 | which issues reports regarding account closures due to fraud, |
203 | substantial overdrafts, automatic teller machine abuse, or |
204 | similar negative information regarding a consumer to inquiring |
205 | banks or other financial institutions for use only in reviewing |
206 | a consumer request for a demand deposit account at the inquiring |
207 | bank or financial institution. |
208 | (17) In addition to any other penalties or remedies |
209 | provided under law, a person who is aggrieved by violation of |
210 | the provisions of this section may bring a civil action in any |
211 | court of competent jurisdiction against any person or entity, |
212 | including a consumer credit reporting agency, for recovery of |
213 | actual and consequential damages, court costs, and attorney's |
214 | fees. No provision in this section shall be construed to limit |
215 | any right or remedy provided under law. |
216 | (18) Any written disclosure by a consumer credit reporting |
217 | agency to any consumer pursuant to this section shall include a |
218 | written summary of all rights the consumer has under this act, |
219 | and, in the case of a consumer credit reporting agency which |
220 | compiles and maintains consumer credit reports on a nationwide |
221 | basis, a toll-free telephone number which the consumer can use |
222 | to communicate with the consumer credit reporting agency. The |
223 | written summary of rights required under this section is |
224 | sufficient if it is in substantially the following form: |
225 |
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226 | You have a right to place a "security freeze" on your |
227 | credit report, which will prohibit a consumer credit reporting |
228 | agency from releasing any information in your credit report |
229 | without your express authorization. A security freeze must be |
230 | requested in writing by certified mail. The security freeze is |
231 | designed to prevent credit, loans, and services from being |
232 | approved in your name without your consent. However, you should |
233 | be aware that using a security freeze to take control over who |
234 | gets access to the personal and financial information in your |
235 | credit report may delay, interfere with, or prohibit the timely |
236 | approval of any subsequent request or application you make |
237 | regarding a new loan, credit, mortgage, insurance, government |
238 | services or payments, rental housing, employment, investment, |
239 | license, cellular phone, utilities, digital signature, Internet |
240 | credit card transaction, or other services, including an |
241 | extension of credit at point of sale. When you place a security |
242 | freeze on your credit report, you will be provided a personal |
243 | identification number or password to use if you choose to remove |
244 | the freeze on your credit report or authorize the release of |
245 | your credit report to a specific party or for a designated |
246 | period of time after the security freeze is in place. To provide |
247 | that authorization, you must contact the consumer credit |
248 | reporting agency and provide all of the following: |
249 | (1) The personal identification number or password. |
250 | (2) Proper identification to verify your identity. |
251 | (3) The proper information regarding the third party who |
252 | is to receive the credit report or the period of time for which |
253 | the report shall be made available. |
254 |
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255 | A consumer credit reporting agency must authorize the |
256 | release of your credit report no later than 3 business days |
257 | after receiving the above information. |
258 | A security freeze does not apply to a person or entity, or |
259 | its affiliates, or collection agencies acting on behalf of the |
260 | person or entity, with which you have an existing account, that |
261 | requests information in your credit report for the purposes of |
262 | reviewing or collecting the account. Reviewing the account |
263 | includes activities related to account maintenance, monitoring, |
264 | credit line increases, and account upgrades and enhancements. |
265 | You have the right to bring a civil action against anyone, |
266 | including a consumer credit reporting agency, who fails to |
267 | comply with the provisions of section 501.005, Florida Statutes, |
268 | which governs the placing of a consumer credit report security |
269 | freeze on your consumer credit report. This includes the right |
270 | to bring a civil action against anyone who improperly obtains |
271 | access to your consumer credit report or information contained |
272 | within the report or who knowingly or willfully misuses data or |
273 | information contained within the report during the period of |
274 | time in which a requested security freeze was in effect or |
275 | should have been in effect. |
276 | Section 2. This act shall take effect July 1, 2006. |