§ 4-112-104 — Access to credit report - Notification of unauthorized access

(a) If the consumer wishes to allow his or her credit report to be accessed for a specific period of time while a security freeze is in place, he or she shall contact the consumer reporting agency using a method of contact designated by the consumer reporting agency requesting that the security freeze be temporarily lifted and providing, to complete the request, all of the following: (1) Proper identification; (2) The unique personal identification number or password provided by the consumer reporting agency under § 4-112-103(c) ; and (3) The proper information regarding the time period for which the credit report shall be available to users of the credit report. (b) (1) Except as provided in subdivision (b)(2) of this section, a consumer reporting agency that receives a request in compliance with subsection (a) of this section from a consumer to temporarily lift a security freeze on his or her credit report accompanied by all of the items listed in subsection (a) of this section shall comply with the request no later than: (A) Three (3) business days after receiving the completed request by mail; or (B) Fifteen (15) minutes after receiving the completed request by: (i) Telephone; (ii) Secure electronic connection; or (iii) Secure electronic mail connection. (2) A consumer reporting agency may temporarily lift a security freeze as soon as the circumstances reasonably permit during normal business hours if the consumer reporting agency's ability to temporarily lift the security freeze within fifteen (15) minutes is prevented by: (A) An act of God, including without limitation a fire, an earthquake, a hurricane, a storm, or a similar natural disaster or phenomenon; (B) An unauthorized or illegal act by a third party, including without limitation terrorism, sabotage, riot, vandalism, a labor strike or dispute disrupting operations, or a similar occurrence; (C) An operational interruption, including without limitation electrical failure, an unanticipated delay in the delivery of equipment or a replacement part, a computer hardware or software failure inhibiting response time, or a similar disruption; (D) Governmental action, including without limitation an emergency order or regulation, a judicial or law enforcement action, or a similar directive; (E) Regularly scheduled maintenance or updates during other than normal business hours to the consumer reporting agency's computer systems; (F) Commercially reasonable maintenance or repair to the consumer reporting agency's systems if the maintenance or repair is unexpected or unscheduled; or (G) The receipt of a removal request outside of normal business hours. (c) A consumer reporting agency may develop procedures involving the use of telephone, the internet, or other electronic media to receive and process a request from a consumer to temporarily lift a security freeze on a credit report under subsection (a) of this section in an expedited manner. (d) If in connection with an application for credit or any other use a third party requests access to a credit report on which a security freeze is in effect and the consumer does not allow his or her credit report to be accessed for that period of time, the third party may treat the application as incomplete. (e) If a consumer reporting agency grants unauthorized access to a consumer's credit report, then within three (3) days of learning that unauthorized access to the credit report has been granted, the consumer reporting agency shall send notice to the consumer that unauthorized access has been granted for each time unauthorized access was granted.

Legislative History

Acts 2007, No. 391, § 1; 2009, No. 223, § 1.