Florida Senate - 2014                                     SB 242
       
       
        
       By Senator Detert
       
       
       
       
       
       28-00307-14                                            2014242__
    1                        A bill to be entitled                      
    2         An act relating to the security of a protected
    3         consumer’s information; creating s. 501.0051, F.S.;
    4         providing definitions; authorizing the representative
    5         of a protected consumer to place a security freeze on
    6         a protected consumer’s consumer report or record;
    7         specifying the procedure to request a security freeze;
    8         requiring a consumer reporting agency to establish a
    9         record if the protected consumer does not have an
   10         existing consumer report; prohibiting the use of a
   11         consumer record for certain purposes; providing that a
   12         security freeze on a consumer record applies to a
   13         subsequently created consumer report; requiring a
   14         consumer reporting agency to place, and to provide
   15         written confirmation of, a security freeze within a
   16         specified period; prohibiting a consumer reporting
   17         agency from stating or implying that a security freeze
   18         reflects a negative credit history or rating;
   19         requiring a consumer reporting agency to provide a
   20         copy of a consumer report or record to a protected
   21         consumer or his or her representative upon request;
   22         authorizing a consumer reporting agency to charge a
   23         fee for a copy of a protected consumer’s consumer
   24         report or record; specifying the procedure to request
   25         a copy of a protected consumer’s consumer report or
   26         record; requiring a consumer reporting agency to
   27         remove a security freeze under specified conditions;
   28         specifying the procedure to remove a security freeze;
   29         providing applicability; authorizing a consumer
   30         reporting agency to charge a fee for placing or
   31         removing a security freeze and for reissuing a unique
   32         personal identifier; prohibiting a fee under certain
   33         circumstances; requiring written notification upon the
   34         change of specified information in a protected
   35         consumer’s consumer report or record; providing
   36         exceptions; requiring a consumer reporting agency to
   37         notify a representative and provide specified
   38         information if the consumer reporting agency violates
   39         a security freeze; providing penalties and civil
   40         remedies; providing written disclosure requirements
   41         for consumer reporting agencies relating to a
   42         protected consumer’s security freeze; providing an
   43         effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Section 501.0051, Florida Statutes, is created
   48  to read:
   49         501.0051 Protected consumer report security freeze.—
   50         (1) As used in this section, the term:
   51         (a) “Consumer report” has the same meaning as provided in
   52  15 U.S.C. s. 1681a(d).
   53         (b) “Consumer reporting agency” has the same meaning as
   54  provided in 15 U.S.C. s. 1681a(f).
   55         (c) “Protected consumer” means a person younger than 16
   56  years of age at the time a security freeze request is made or a
   57  person represented by a guardian or other advocate pursuant to
   58  chapter 39, chapter 393, chapter 744, or chapter 914.
   59         (d) “Record” means a compilation of information that:
   60         1. Identifies a protected consumer; and
   61         2. Is created by a consumer reporting agency exclusively
   62  for the purpose of complying with this section.
   63         (e) “Representative” means the custodial parent or legal
   64  guardian of a protected consumer, including a guardian appointed
   65  pursuant to s. 914.17.
   66         (f) “Security freeze” means:
   67         1. A notice placed on a protected consumer’s consumer
   68  report which prohibits a consumer reporting agency from
   69  releasing the consumer report, the credit score, or any
   70  information contained within the consumer report to a third
   71  party without the express authorization of the representative;
   72  or
   73         2. If a consumer reporting agency does not have a consumer
   74  report pertaining to the protected consumer, a notice placed on
   75  the protected consumer’s record which prohibits the consumer
   76  reporting agency from releasing the protected consumer’s record
   77  except as provided in this section.
   78         (g) “Sufficient proof of authority” means documentation
   79  showing that a representative has authority to act on behalf of
   80  a protected consumer. The term includes, but is not limited to,
   81  a court order, a copy of a valid power of attorney, or a written
   82  notarized statement signed by a representative which expressly
   83  describes the authority of the representative to act on behalf
   84  of the protected consumer.
   85         (h) “Sufficient proof of identification” means
   86  documentation identifying a protected consumer or a
   87  representative of a protected consumer. The term includes, but
   88  is not limited to, a copy of a social security card, a certified
   89  or official copy of a birth certificate, a copy of a valid
   90  driver license, or a copy of a government-issued photo
   91  identification.
   92         (2) A representative may place a security freeze on a
   93  protected consumer’s consumer report by:
   94         (a) Submitting a request to a consumer reporting agency in
   95  the manner prescribed by that agency;
   96         (b) Providing the agency with sufficient proof of authority
   97  and sufficient proof of identification of the representative;
   98  and
   99         (c) Paying the agency a fee as authorized under this
  100  section.
  101         (3) If a consumer reporting agency does not have a consumer
  102  report pertaining to a protected consumer when the consumer
  103  reporting agency receives a request for a security freeze under
  104  subsection (2), the consumer reporting agency shall create a
  105  record for the protected consumer and place a security freeze on
  106  the record. A record may not be created or used to consider the
  107  protected consumer’s credit worthiness, credit standing, credit
  108  capacity, character, general reputation, personal
  109  characteristics, or eligibility for other financial services. If
  110  a consumer report is subsequently created for a protected
  111  consumer with a security freeze on his or her consumer record,
  112  the consumer report is also subject to a security freeze until
  113  the security freeze is removed from the consumer report pursuant
  114  to subsection (8).
  115         (4) A consumer reporting agency shall place a security
  116  freeze on a consumer report or record within 30 days after
  117  confirming the authenticity of a security freeze request made in
  118  accordance with this section.
  119         (5) The consumer reporting agency shall send a written
  120  confirmation of the security freeze to the representative within
  121  10 business days after instituting the security freeze on the
  122  consumer report or record and shall provide the representative
  123  with instructions for removing the security freeze and a unique
  124  personal identifier to be used by the representative when
  125  providing authorization for removal of the security freeze.
  126         (6) A consumer reporting agency may not state or imply to
  127  any person that a security freeze reflects a negative credit
  128  score, a negative credit history, or a negative credit rating.
  129         (7) During any period that a security freeze is in effect,
  130  a consumer reporting agency shall provide a copy of a protected
  131  consumer’s consumer report or record to the protected consumer
  132  or his or her representative upon request. A consumer reporting
  133  agency may charge the representative or protected consumer a fee
  134  for the copy, not to exceed the amount normally charged by such
  135  agency to provide a copy of a consumer report.
  136         (a) A representative submitting a request for a copy of a
  137  protected consumer’s consumer report or record must provide all
  138  of the following:
  139         1. Sufficient proof of identification of the representative
  140  and sufficient proof of authority as determined by the consumer
  141  reporting agency.
  142         2. The unique personal identifier provided by the consumer
  143  reporting agency pursuant to subsection (5).
  144         3. A fee as authorized under this section.
  145         (b) A protected consumer submitting a request for a copy of
  146  his or her consumer report or record must provide sufficient
  147  proof of identification of the protected consumer as determined
  148  by the consumer reporting agency and pay a fee as authorized
  149  under this section.
  150         (8) A consumer reporting agency shall remove a security
  151  freeze from a protected consumer’s consumer report or record
  152  only under either of the following circumstances:
  153         (a) Upon the request of a representative or a protected
  154  consumer. A consumer reporting agency shall remove a security
  155  freeze within 30 days after receiving such a request for removal
  156  from a protected consumer or his or her representative.
  157         1. A representative submitting a request for removal must
  158  provide all of the following:
  159         a. Sufficient proof of identification of the representative
  160  and sufficient proof of authority as determined by the consumer
  161  reporting agency.
  162         b. The unique personal identifier provided by the consumer
  163  reporting agency pursuant to subsection (5).
  164         c. A fee as authorized under this section.
  165         2. A protected consumer submitting a request for removal
  166  must provide all of the following:
  167         a. Sufficient proof of identification of the protected
  168  consumer as determined by the consumer reporting agency.
  169         b. Documentation that the sufficient proof of authority of
  170  the protected consumer’s representative to act on behalf of the
  171  protected consumer is no longer valid.
  172         (b) If the security freeze was instituted due to a material
  173  misrepresentation of fact. If a consumer reporting agency
  174  intends to remove a security freeze under this paragraph, the
  175  consumer reporting agency must notify the representative and
  176  protected consumer in writing before removing the security
  177  freeze.
  178         (9) This section does not apply to the use of a protected
  179  consumer’s consumer report or record by the following persons or
  180  for the following reasons:
  181         (a) A state agency acting within its lawful investigative
  182  or regulatory authority.
  183         (b) A state or local law enforcement agency investigating a
  184  crime or conducting a criminal background check.
  185         (c) A person administering a credit file monitoring
  186  subscription service to which the protected consumer or the
  187  representative, on behalf of the protected consumer, has
  188  subscribed.
  189         (d) A person providing the protected consumer’s consumer
  190  report or record to the protected consumer or the representative
  191  upon the request of the protected consumer or representative.
  192         (e) Pursuant to a court order lawfully entered.
  193         (f) An insurance company for use in setting or adjusting a
  194  rate, adjusting a claim, or underwriting for insurance purposes.
  195         (g) A consumer reporting agency’s database or file that
  196  consists entirely of information concerning, and used
  197  exclusively for, one or more of the following:
  198         1. Criminal record information.
  199         2. Personal loss history information.
  200         3. Fraud prevention or detection.
  201         4. Tenant screening.
  202         5. Employment screening.
  203         6. Personal insurance policy information.
  204         7. Noncredit information used for insurance purposes.
  205         (h) A check services company issuing authorizations for the
  206  purpose of approving or processing negotiable instruments,
  207  electronic funds transfers, or similar methods of payment.
  208         (i) A deposit account information service company issuing
  209  reports regarding account closures due to fraud, substantial
  210  overdrafts, automatic teller machine abuse, or similar negative
  211  information regarding a protected consumer to an inquiring
  212  financial institution, as defined in s. 655.005 or in federal
  213  law, for use only in reviewing a representative’s request for a
  214  deposit account for the protected consumer at the inquiring
  215  financial institution.
  216         (j) A consumer reporting agency that acts only as a
  217  reseller of credit information by assembling and merging
  218  information contained in the database of another consumer
  219  reporting agency or multiple consumer reporting agencies and
  220  that does not maintain a permanent database of credit
  221  information from which new consumer reports are produced.
  222  However, such consumer reporting agency shall honor any security
  223  freeze placed or removed by another consumer reporting agency.
  224         (k) A fraud prevention services company issuing reports to
  225  prevent or investigate fraud.
  226         (l) A person or entity, or its affiliates, or a collection
  227  agency acting on behalf of the person or entity and with which
  228  the protected consumer has an existing account, requesting
  229  information in the protected consumer’s consumer report or
  230  record for the purposes of reviewing or collecting the account.
  231  Reviewing the account includes activities related to account
  232  maintenance, monitoring, credit line increases, and account
  233  upgrades and enhancements.
  234         (10)(a) A consumer reporting agency may charge a reasonable
  235  fee, not to exceed $10, to a representative who elects to place
  236  or remove a security freeze.
  237         (b) A consumer reporting agency may charge a reasonable
  238  fee, not to exceed $10, if the representative fails to retain
  239  the original unique personal identifier provided by the consumer
  240  reporting agency and the agency must reissue the unique personal
  241  identifier or provide a new unique personal identifier to the
  242  representative.
  243         (c) A consumer reporting agency may not charge a fee under
  244  this section to the representative of a protected consumer who
  245  is a victim of identity theft if the representative submits, at
  246  the time the security freeze is requested, a copy of a valid
  247  investigative report, an incident report, or a complaint with a
  248  law enforcement agency about the unlawful use of the protected
  249  consumer’s identifying information by another person.
  250         (11) If a security freeze is in effect, a consumer
  251  reporting agency must send written confirmation to a protected
  252  consumer’s representative of a change to any of the following
  253  official information in the protected consumer’s consumer report
  254  or record within 30 days after the change is posted:
  255         (a) The protected consumer’s name.
  256         (b) The protected consumer’s address.
  257         (c) The protected consumer’s date of birth.
  258         (d) The protected consumer’s social security number.
  259  
  260  Written confirmation is not required for technical corrections
  261  of a protected consumer’s official information, including name
  262  and street abbreviations, complete spellings, or transposition
  263  of numbers or letters. In the case of an address change, the
  264  written confirmation must be sent to the representative and to
  265  the protected consumer’s new address and former address.
  266         (12) If a consumer reporting agency violates a security
  267  freeze placed in accordance with this section by releasing
  268  information subject to a security freeze without proper
  269  authorization, the consumer reporting agency shall, within 5
  270  business days after discovering or being notified of the release
  271  of information, notify the representative of the protected
  272  consumer in writing. The notice shall state the specific
  273  information released and provide the name, address, and other
  274  contact information of the recipient of the information.
  275         (13) A consumer reporting agency that willfully fails to
  276  comply with any requirement imposed under this section is
  277  subject to an administrative fine in the amount of $500, imposed
  278  by the Department of Agriculture and Consumer Services pursuant
  279  to the administrative procedures established in chapter 120.
  280         (14) In addition to any other penalties or remedies
  281  provided under law, the following persons who are aggrieved by a
  282  violation of this section may bring a civil action as follows:
  283         (a) A person who obtains a protected consumer’s consumer
  284  report or record from a consumer reporting agency under false
  285  pretenses or who knowingly obtains a protected consumer’s
  286  consumer report or record without a permissible purpose is
  287  liable to the representative and protected consumer for actual
  288  damages sustained by the protected consumer or $1,000, whichever
  289  is greater.
  290         (b) A person who obtains a protected consumer’s consumer
  291  report or record from a consumer reporting agency under false
  292  pretenses or who knowingly obtains a protected consumer’s
  293  consumer report or record without a permissible purpose is
  294  liable to the consumer reporting agency for actual damages
  295  sustained by the consumer reporting agency or $1,000, whichever
  296  is greater.
  297         (15) A written disclosure by a consumer reporting agency,
  298  pursuant to 15 U.S.C. s. 1681g, to a representative and
  299  protected consumer residing in this state must include a written
  300  summary of all rights that the representative and protected
  301  consumer have under this section and, in the case of a consumer
  302  reporting agency that compiles and maintains records on a
  303  nationwide basis, a toll-free telephone number that the
  304  representative can use to communicate with the consumer
  305  reporting agency. The information provided in paragraph (b) must
  306  be in at least 12-point boldfaced type. The written summary of
  307  rights required under this section is sufficient if it is
  308  substantially in the following form:
  309         (a) If you are the custodial parent or legal guardian of a
  310  minor younger than 16 years of age or a guardian or advocate of
  311  an incapacitated, disabled, or protected person under chapter
  312  39, chapter 393, chapter 744, or chapter 914, Florida Statutes,
  313  you have the right to place a security freeze on the consumer
  314  report of the person you are legally authorized to care for. If
  315  no consumer report exists, you have the right to request that a
  316  record be created and a security freeze be placed on the record.
  317  A record with a security freeze is intended to prevent the
  318  opening of credit accounts until the security freeze is removed.
  319         (b) YOU SHOULD BE AWARE THAT USING A SECURITY FREEZE TO
  320  CONTROL ACCESS TO THE PERSONAL AND FINANCIAL INFORMATION IN A
  321  CONSUMER REPORT OR RECORD MAY DELAY, INTERFERE WITH, OR PROHIBIT
  322  THE TIMELY APPROVAL OF ANY SUBSEQUENT REQUEST OR APPLICATION
  323  REGARDING A NEW LOAN, CREDIT, MORTGAGE, INSURANCE, GOVERNMENT
  324  SERVICES OR PAYMENTS, RENTAL HOUSING, EMPLOYMENT, INVESTMENT,
  325  LICENSE, CELLULAR PHONE, UTILITIES, DIGITAL SIGNATURE, INTERNET
  326  CREDIT CARD TRANSACTION, OR OTHER SERVICES, INCLUDING AN
  327  EXTENSION OF CREDIT AT POINT OF SALE.
  328         (c) To remove the security freeze on the protected
  329  consumer’s record or report, you must contact the consumer
  330  reporting agency and provide all of the following:
  331         1. Proof of identification as required by the consumer
  332  reporting agency.
  333         2. Proof of authority over the protected consumer as
  334  required by the consumer reporting agency.
  335         3. The unique personal identifier provided by the consumer
  336  reporting agency.
  337         4. Payment of a fee.
  338         (d) A consumer reporting agency must, within 30 days after
  339  receiving the above information, authorize the removal of the
  340  security freeze.
  341         (e) A security freeze does not apply to a person or entity,
  342  or its affiliates, or a collection agency acting on behalf of
  343  the person or entity and with which the protected consumer has
  344  an existing account, which requests information in the protected
  345  consumer’s consumer report or record for the purposes of
  346  reviewing or collecting the account. Reviewing the account
  347  includes activities related to account maintenance, monitoring,
  348  credit line increases, and account upgrades and enhancements.
  349         (f) You have the right to bring a civil action against
  350  anyone, including a consumer reporting agency, who fails to
  351  comply with section 501.0051, Florida Statutes, which governs
  352  the placement and removal of a security freeze on a protected
  353  consumer’s consumer report or record.
  354         Section 2. This act shall take effect September 1, 2014.