§ 24-5-24-9 — Security freeze remains in effect; requesting removal; requirements; time requirements; exceptions

Indiana § 24-5-24-9

• Jurisdiction: Indiana
• Art. 5: CONSUMER SALES
• Ch. 24: Security Freezes for Consumer Reports

Text

(a) A security freeze remains in effect until the
consumer who requested the security freeze requests that the security
freeze be removed. A consumer who seeks to authorize a consumer
reporting agency to remove a security freeze shall request the removal
by contacting the consumer reporting agency by any method:
(1) described in section 5(a) of this chapter; or
(2) developed by a consumer reporting agency under section 7(d)
of this chapter for receiving a consumer's request to authorize the
release of a consumer report or the temporary lifting of a security
freeze.
(b) A request by a consumer under subsection (a) must include the
following:
(1) Information sufficient to identify the consumer, as specified
by the consumer reporting agency in the instructions provided to
the consumer under section 6(a)(2) of this chapter.
(2) The unique personal identification number or password
assigned to the consumer under section 6(a)(1) or 6(a)(3) of this
chapter.
(c) Subject to subsection (d), a consumer reporting agency must
remove a security freeze within the following time frames:
(1) Not later than three (3) business days after receiving a request
under subsection (a), if the consumer makes the request by the
method described in section 5(a)(1) of this chapter.
(2) Not later than fifteen (15) minutes after receiving a request
under subsection (a), if the consumer makes the request using the
method described in section 5(a)(2) of this chapter or by any
method developed by the consumer reporting agency under
section 7(d) of this chapter. However, a consumer reporting
agency is not required to comply with a consumer's request within
the fifteen (15) minute time frame set forth in this subdivision if:
(A) the consumer does not provide one (1) or more of the items
listed in subsection (b); or
(B) the consumer reporting agency's ability to comply with the
request within the fifteen (15) minute time frame set forth in
this subdivision is prevented by any of the following:
(i) An act of God, including fire, an earthquake, a hurricane,
a storm, or a similar natural disaster or phenomenon.
(ii) Unauthorized or illegal acts by a third party, including
terrorism, sabotage, riot, vandalism, labor strikes or disputes
disrupting operations, or similar occurrences.
(iii) An operational interruption, including an electrical
failure, an unanticipated delay in the delivery of equipment
or replacement parts, computer hardware or software failures
inhibiting response time, or similar disruptions.
(iv) A governmental action, including an emergency order or
regulation, a judicial action, a law enforcement action, or a
similar directive.
(v) Regularly scheduled maintenance of, or updates to, the
consumer reporting agency's computer systems, if the
maintenance activities or updates occur other than during
normal business hours.
(vi) Commercially reasonable maintenance of, or repairs to,
the consumer reporting agency's computer systems, if the
maintenance activities or repairs are unexpected or are
necessitated by unanticipated conditions or malfunctions.
(vii) For a request made by telephone, receipt of a request
under this section other than during the consumer reporting
agency's normal business hours, including any extended
business hours observed by the consumer reporting agency.
The exemption provided by this item does not apply to a
request made by a consumer through the Internet or other
electronic media. A consumer reporting agency must comply
with a request made by a consumer through the Internet or
other electronic media within the fifteen (15) minute time
frame set forth in this subdivision, even if the request is made
at a time other than during the consumer reporting agency's
normal or extended business hours.
(d) A consumer reporting agency is not required to remove a
security freeze under this section if the consumer reporting agency
determines that the request to remove the security freeze:
(1) is materially false; or
(2) does not clearly identify the person making the request as the
consumer.

Legislative History

As added by P.L.104-2007, SEC.1.