§ 51-33-04 — Temporary lifting or permanent removal of the freeze

North Dakota § 51-33-04

• Jurisdiction: North Dakota
• Title 51: Sales and Exchanges
• Ch. 51-33: Consumer Credit Report Security Freezes

Text

1. If the consumer wishes to allow the consumer's consumer credit file to be accessed for
a specific party or period of time while a freeze is in place, the consumer shall contact
the consumer reporting agency, request that the freeze be temporarily lifted, and
provide the following:
a. Proper identification;
b. The unique personal identification number or password provided by the credit
reporting agency under section 51-33-03;
c. The proper information regarding the third party who is to receive the consumer
report or access the credit file or the time period for which the report or credit file
is to be available to users of the consumer credit file; and
d. A fee if applicable.
2. a. A consumer reporting agency that receives a request by mail from a consumer to
temporarily lift a freeze on a consumer credit file under this section shall comply
with the request no later than two business days after receiving the request
unless the consumer fails to provide proper identification and the unique personal
identification number or password provided by the credit reporting agency under
section 51-33-03.
b. A consumer reporting agency that receives a request by telephone or through a
secure electronic connection from a consumer to temporarily lift a freeze on a
consumer credit file under this section shall comply with the request no later than
fifteen minutes after receiving the request unless the consumer fails to provide
proper identification and the unique personal identification number or password
provided by the credit reporting agency under section 51-33-03 or the consumer
reporting agency's ability to remove the security freeze within fifteen minutes is
prevented by:
(1) A natural disaster or act of God, including fire, earthquake, or hurricane;
(2) Unauthorized or illegal acts by a third party, including terrorism, sabotage,
riot, vandalism, or a labor strike or similar labor dispute disrupting
operations;
(3) Operational interruption, including electrical failure, unanticipated delay in
equipment or replacement part delivery, or computer hardware or software
failures inhibiting response time;
(4) Governmental action, including emergency orders or regulations or judicial
or law enforcement action;
(5) Receipt of a removal request outside of normal business hours; or
(6) Maintenance of, updates to, or repair of the consumer reporting agency's
systems, whether regularly scheduled, unscheduled, or unexpected.
c. For the purposes of this section, "normal business hours" means from six a.m. to
nine-thirty p.m., central standard time or central daylight time, seven days a
week, excluding holidays other than Sundays.

3. A consumer reporting agency may develop procedures involving the use of telephone,
fax, internet, or other electronic media to receive and process a request from a
consumer to temporarily lift a freeze on a consumer report under this section in an
expedited manner, with the goal of processing a request within fifteen minutes after the
request.
4. A consumer reporting agency shall remove or temporarily lift a freeze placed on a
consumer report only in the following cases:
a. Upon consumer request under this section; or
b. When the consumer credit file was frozen due to a material misrepresentation of
fact by the consumer. When a consumer reporting agency intends to remove a
freeze on a consumer credit file under this section, the consumer reporting
agency shall notify the consumer in writing at least three business days prior to
removing the freeze on the consumer credit file.
5. A security freeze remains in place until the consumer requests that the security freeze
be removed. A consumer reporting agency shall remove a security freeze within three
business days of receiving a request for removal from the consumer, who provides
both of the following:
a. Proper identification; and
b. The unique personal identification number or password provided by the credit
reporting agency under section 51-33-03.