§ 40-12-505 — Exceptions

Wyoming § 40-12-505

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 12: CONSUMER PROTECTION
• Art. 5: CREDIT FREEZE REPORTS

Text

(a) Notwithstanding W.S. 40-12-503, a consumer reporting
agency may furnish a consumer's credit report to a third party
if:
(i) The purpose of the credit report is to:
(A) Use the credit report for purposes permitted
under 15 U.S.C. § 1681b(c);
(B) Review the consumer's account with the third
party, including for account maintenance or monitoring, credit
line increases or other upgrades or enhancements;
(C) Collect on a financial obligation owed by
the consumer to the third party requesting the credit report;
(D) Collect on a financial obligation owed by
the consumer to another person; or
(E) The third party requesting the credit report
is a subsidiary, affiliate, agent, assignee or prospective
assignee of the person holding the consumer's account or to whom
the consumer owes a financial obligation.
(b) The consumer's request for a security freeze does not
prohibit the consumer reporting agency from disclosing the
consumer's credit report for other than credit related purposes
consistent with the definition of credit report in W.S.
40-12-501(a).
(c) The following types of credit report disclosures by
consumer reporting agencies to third parties are not prohibited
by a security freeze:
(i) The third party does not use the credit report
for the purpose of serving as a factor in establishing a
consumer's eligibility for credit;
(ii) The release is pursuant to a court order,
warrant or subpoena requiring release of the credit report by
the consumer reporting agency;
(iii) The third party is a child support agency, or
its agent or assignee, acting under Part D, Title IV of the
Social Security Act or a similar state law;
(iv) The third party is the federal department of
health and human services or a similar state agency, or its
agent or assignee, investigating Medicare or Medicaid fraud;
(v) The purpose of the credit report is to
investigate or collect delinquent taxes, assessments or unpaid
court orders and the third party is:
(A) The federal internal revenue service;
(B) A state taxing authority;
(C) The department of transportation, division
of motor vehicles;
(D) A county, municipality, or other entity with
taxing authority;
(E) A federal, state or local law enforcement
agency; or
(F) The agent or assignee of any entity listed
in this paragraph.
(vi) The third party is administering a credit file
monitoring subscription to which the consumer has subscribed;
or
(vii) The third party requests the credit report for
the sole purpose of providing the consumer with a copy of the
consumer's credit report or credit score upon the consumer's
request.
(d) The security freeze provisions of W.S. 40-12-503 do
not apply to:
(i) A consumer reporting agency, the sole purpose of
which is to resell credit information by assembling and merging
information contained in the database of another consumer
reporting agency and that does not maintain a permanent database
of credit information from which a consumer's credit report is
produced;
(ii) A deposit account information service company
that issues reports concerning account closures based on fraud,
substantial overdrafts, automated teller machine abuse or
similar information concerning a consumer to a requesting
financial institution for the purpose of evaluating a consumer's
request to create a deposit account;
(iii) A check services or fraud prevention services
company that issues:
(A) Reports on incidents of fraud; or
(B) Authorizations for the purpose of approving
or processing negotiable instruments, electronic funds transfers
or similar methods of payment.
(iv) A consumer reporting agency, with respect to its
database of files that consist entirely of public records and is
used solely for one (1) or more of the following:
(A) Criminal record information;
(B) Tenant screening;
(C) Employment screening; or
(D) Fraud prevention or detection.
(v) A database or file which consists solely of
information adverse to the interests of the consumer including,
but not limited to, criminal record information which is used
for fraud prevention or detection, tenant screening, employment
screening or any purpose permitted by the Fair Credit Reporting
Act, 15 U.S.C. 1681b;
(vi) A person to the extent the person offers fraud
prevention services which provide reports on incidents of fraud
or reports used primarily in the detection or prevention of
fraud; or
(vii) Setting or adjusting of a rate, adjusting a
claim or underwriting for insurance purposes.
(e) Nothing in this article prohibits a person from
obtaining, aggregating or using information lawfully obtained
from public records in a manner that does not otherwise violate
this article.