(1) A representative
may place a security freeze on a protected consumer's consumer report or record
by:
(a) Submitting a written request to a consumer reporting agency in the
manner prescribed by that agency; and
(b) Providing the consumer reporting agency with sufficient proof of
authority and sufficient proof of identification of the representative.
(2) (a) If a consumer reporting agency does not have a consumer report
pertaining to a protected consumer when the consumer reporting agency receives a
request for a security freeze under subsection (1) of this section, the consumer
reporting agency shall create a record for the protected consumer and place a
security freeze on the record, only if the protected consumer's representative
requests, in writing, a security freeze and provides required documentation in
accordance with subsection (1) of this section.
(b) A protected consumer's record created pursuant to subsection (2)(a) of
this section shall not be used to consider the protected consumer's
creditworthiness, credit standing, credit capacity, character, general reputation,
personal characteristics, or eligibility for other financial services.
(3) A consumer reporting agency shall place a security freeze on a consumer
report or record within ten business days after confirming the authenticity of a
security freeze request made in accordance with this section.
(4) (a) Except as provided in subsections (7)(c) and (9) of this section, if a
security freeze is in place on a protected consumer's consumer report or record,
information from the consumer report or record shall not be released to a third
party without prior, express authorization from the protected consumer's
representative or, if a protected consumer has provided the documentation
required by subsection (7)(b) of this section, from the protected consumer.
(b) A consumer reporting agency may advise a third party that a security
freeze is in effect with respect to a protected consumer's consumer report or
record.
(5) Within ten business days after instituting a security freeze on a protected
consumer's consumer report or record, the consumer reporting agency shall:
(a) Send written confirmation of the security freeze to the address on file;
and
(b) Provide the representative with instructions for removing the security
freeze.
(6) A consumer reporting agency shall not state or imply to any person that a
security freeze reflects a negative credit score, a negative credit history, or a
negative credit rating.
(7) (a) A security freeze on a protected consumer's consumer report or
record remains in effect until the protected consumer's representative or, if
authorized under this subsection (7), the protected consumer requests removal of
the security freeze.
(b) Within ten business days after confirming the authenticity of a request, a
consumer reporting agency shall remove a security freeze from a protected
consumer's consumer report or record if a protected consumer or the protected
consumer's representative requests that the security freeze be removed and
provides to the consumer reporting agency sufficient proof of identification, and:
(I) If the protected consumer's representative makes the request, sufficient
proof of authority; or
(II) If the protected consumer makes the request, documentation
demonstrating that the representative's proof of authority used to request the
security freeze is no longer valid. Such documentation may include proof that the
protected consumer is sixteen years of age or older or that the representative's
appointment is no longer valid.
(c) If the consumer report or record was frozen due to a material
misrepresentation of fact by the protected consumer's representative or someone
purporting to be the protected consumer's representative, the consumer reporting
agency shall remove the security freeze from the protected consumer's consumer
report or record after notifying the protected consumer in writing.
(8) Pursuant to any procedures developed in accordance with section 5-18-112 (5), a consumer reporting agency may use email or other electronic media to
receive and process a security freeze request.
(9) This section does not apply to:
(a) The use of a consumer report or record by or for any of the users or uses
listed in section 5-18-112 (11);
(b) A consumer reporting agency providing a copy of the protected
consumer's consumer report or record to the protected consumer or the protected
consumer's representative if requested by the protected consumer or protected
consumer's representative; or
(c) An entity listed in section 5-18-115 (2).
(10) A consumer reporting agency shall not charge a fee to create a record in
accordance with this section or for a request to place or remove a security freeze
on a protected consumer's consumer report or record. A consumer reporting
agency also shall not charge a fee to place, temporarily lift, temporarily lift for a
specific party, or permanently remove a security freeze on the consumer report or
record of any consumer under eighteen years of age.
(11) A third party may treat a protected consumer's application for credit as
incomplete if:
(a) The third party requested access to the protected consumer's consumer
report or record in connection with an application for credit; and
(b) The protected consumer's consumer report or record is frozen pursuant
to this section.
(12) If a consumer reporting agency violates a security freeze placed on a
protected consumer's consumer report or record by releasing information subject
to the security freeze without proper authorization to release the information, the
consumer reporting agency shall notify the protected consumer's representative or
protected consumer in writing of the release of information within five business
days after discovering the release of information. The notice must include the
specific information released and the name, address, phone number, and, if
available, email address of the recipient of the information.
(13) A protected consumer's representative or, if a protected consumer has
demonstrated that his or her representative's proof of authority is no longer valid
pursuant to subsection (7)(b)(II) of this section, a protected consumer may dispute
information in the protected consumer's consumer report or record pursuant to the
procedures set forth in section 5-18-110 and may request that a consumer reporting
agency block the reporting of information in the protected consumer's consumer
report or record pursuant to section 5-18-111.