§489P-3.5 Security freeze for protected consumers; removal of security freezes; fees; applicability and scope. (a) A consumer credit reporting agency shall place a security freeze on a protected consumer's credit report or records if:
(b) If a consumer credit reporting agency does not have a credit file pertaining to the protected consumer when the consumer credit reporting agency receives a request pursuant to this section, the consumer credit reporting agency shall create a record for the protected consumer.
(c) Within thirty days after receiving a request that meets the requirements of this section, a consumer credit reporting agency shall place a security freeze for the protected consumer.
(d) Unless a security freeze for a protected consumer is removed in accordance with this section, a consumer credit reporting agency may not release the protected consumer's credit report, any information derived from the protected consumer's credit report, or any record created for the protected consumer.
(e) A security freeze for a protected consumer placed under subsection (a) shall remain in effect until the security freeze is removed in accordance with subsection (f) or (i).
(f) If a protected consumer or a protected consumer's representative wishes to remove a security freeze for the protected consumer, the protected consumer or the protected consumer's representative shall:
(g) Within thirty business days after receiving a request that meets the requirements of subsection (f), the consumer credit reporting agency shall remove the security freeze for the protected consumer.
(h) A consumer credit reporting agency shall not charge a fee for placing or removing a security freeze on a credit report or records for a protected consumer.
(i) A consumer credit reporting agency may remove a security freeze for a protected consumer or delete a record of a protected consumer if the security freeze was placed or the record was created based on a material misrepresentation of fact by the protected consumer or the protected consumer's representative.
(j) This section shall not apply to:
(k) A person who violates this section shall be subject to the penalties set forth in section 489P-6.
(l) As used in this section, unless the context otherwise requires:
"Protected consumer" means an individual who is:
"Record" means a compilation of information that:
"Representative" means a person who provides to a consumer credit reporting agency sufficient proof of authority to act on behalf of a protected consumer.
"Security freeze" means:
"Sufficient proof of authority" means clear and proper information regarding the representative's authority to act on the protected consumer's behalf including but not limited to:
"Sufficient proof of identification" means information or documentation that identifies a protected consumer or a representative of a protected consumer, including any one of the following: