§ 5-18-111 — Consumer report information block

Colorado § 5-18-111

• Jurisdiction: Colorado
• Title 05: Consumer
• Art.: Colorado Consumer Credit Reporting Act

Text

(1) (a) A consumer reporting
agency shall, within thirty days after the receipt of a police report or order pursuant
to this subsection (1)(a), permanently block the reporting of any information that a
consumer identifies on his or her consumer report as being subject to either a police
report or a court order referenced in subsection (1)(a)(I) or (1)(a)(II) of this section if
the consumer provides a consumer reporting agency with proof of the consumer's
identification and a copy of:

(I) A police report that alleges that a person other than the consumer
obtained or recorded, by means of fraud, theft, or other violation of the Colorado
Criminal Code, personal identifying information of the consumer without
authorization from the consumer and that the person used the information to
obtain, or attempt to obtain, credit, goods, services, or money in the name of the
consumer without the consumer's consent; or

(II) A certified court order issued pursuant to section 18-1.3-603 (7).

(b) The consumer reporting agency shall promptly notify the person who
furnished the information that a police report or court order has been filed, that a
block has been requested, and the effective date of the block.

(2) (a) A consumer reporting agency may decline to block or may rescind any
block of consumer information if, in the exercise of good faith and reasonable
judgment, the consumer reporting agency believes:

(I) The information was blocked due to a misrepresentation of fact by the
consumer relevant to the request to block under this section;

(II) The consumer agrees that the blocked information or portions of the
blocked information were blocked in error;

(III) The consumer knowingly obtained possession of goods, services, or
money as a result of the blocked transaction or transactions or the consumer
should have known that he or she obtained possession of goods, services, or money
as a result of the blocked transaction or transactions; or

(IV) The consumer so requests in writing and presents proof of the
consumer's identity.

(b) A consumer reporting agency shall decline to block or shall rescind any
block of consumer information if, in the case of a block or block request based upon
the filing of an order, the sentencing court amends, dismisses, or withdraws its prior
order to correct records issued pursuant to section 18-1.3-603 (7), and the
consumer provides documentation from the court and proof of the consumer's
identity.

(3) If a block of credit information is declined or rescinded pursuant to this
section, the consumer reporting agency shall promptly notify the consumer in the
same manner as consumers are notified of the reinsertion of information pursuant
to section 5-18-110. The prior presence of the blocked information in the consumer
reporting agency's file on the consumer is not evidence of whether the consumer
knew or should have known that he or she obtained possession of any goods,
services, or money.

(4) This section does not apply to a consumer reporting agency that acts as a
reseller of information by assembling and merging information contained in the
data base of one or more other consumer reporting agencies and that does not
maintain a data base of the assembled or merged information from which new
consumer reports are produced.

Legislative History

Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1123, � 3, effective August 9.