Security freeze

Act 163 of 2006, § 3, under CREDIT REPORTING AGENCY ACT.

Act 163 of 2006, § 3

Section 3. Security freeze.

(a) Request for freeze.--

(1) A consumer may elect to place a security freeze on

his consumer report by providing proper identification to a

consumer reporting agency. The consumer may make the request

directly to a consumer reporting agency:

(i) by certified mail using an address designated by

the consumer reporting agency; or

(ii) through a secure Internet connection if the

connection is made available by the consumer reporting

agency.

(2) Each consumer reporting agency covered by this act

shall have a toll-free telephone number available to allow a

consumer to receive information about how to request a

security freeze, which the consumer must return by certified

mail.

(3) A consumer reporting agency shall place a security

freeze on a consumer report no later than five business days

after receiving a request for the security freeze from the

consumer.

(4) The following entities are not required to place a

security freeze in a consumer report:

(i) A credit reporting agency that acts only as a

reseller of credit information by assembling and merging

information contained in the database of another credit

reporting agency or multiple credit reporting agencies

and does not maintain a permanent database of credit

information from which new credit reports are produced;

however, a credit reporting agency acting as a reseller

shall honor any security freeze placed on a credit report

by another credit reporting agency.

(ii) A check services or fraud prevention services

company which issues reports on incidents of fraud or

authorizations for the purpose of approving or processing

negotiable instruments, electronic funds transfers or

similar methods of payments.

(iii) A deposit account information service company

which issues reports regarding account closures due to

fraud, substantial overdrafts, automated teller machine

(ATM) abuse or similar negative information regarding a

consumer to inquiring banks or other financial

institutions for use only in reviewing a consumer request

for a deposit account at the inquiring bank or financial

institution.

(b) Effect of security freeze.--Except as provided in subsection (e), when a security freeze is in place, information from a consumer report shall not be released to a third party without prior express authorization from the consumer. This subsection shall not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to a consumer report.

(c) Third-party request.--If a third party requests access to a consumer report on which a security freeze is in effect and the consumer does not allow his or her consumer report to be accessed for that specific party or for a period of time, the third party shall treat the application as incomplete.

(d) Duration of freeze.--A security freeze shall remain in place until the earlier of the date the consumer reporting agency receives a request from the consumer to remove the security freeze or until seven years from the date that the security freeze was put in place by the consumer reporting agency.

(e) Applicability of freeze.--Notwithstanding a security freeze, the following entities may receive a consumer report:

(1) A Federal, State or local government entity,

including a law enforcement agency or court, or their agents

or assigns.

(2) A private collection agency for the sole purpose of

assisting in the collection of an existing debt of the

consumer who is the subject of the consumer report requested.

(3) A person or entity or a subsidiary, affiliate or

agent of that person or entity, or an assignee of a financial

obligation owed by the consumer to that person or entity, or

a prospective assignee of a financial obligation owed by the

consumer to that person or entity in conjunction with the

proposed purchase of the financial obligation, with which the

consumer has or had prior to assignment an account or

contract, including a demand deposit account, or to whom the

consumer issued a negotiable instrument, for the purposes of

reviewing the account or collecting the financial obligation

owing for the account, contract or negotiable instrument. For

purposes of this paragraph, "reviewing the account" includes

activities related to account maintenance, monitoring, credit

line increases and account upgrades and enhancements.

(4) A subsidiary, affiliate, agent, assignee or

prospective assignee of a person to whom access has been

granted under this section for the purposes of facilitating

the extension of credit.

(5) A person, for the purposes of prescreening as

provided by the Fair Credit Reporting Act (Public Law 91-508,

15 U.S.C. § 1681 et seq.).

(6) A consumer reporting agency for the purposes of

providing a consumer with a copy of his own consumer report

on his request.

(7) A child support enforcement agency.

(8) A consumer reporting agency that acts only as a

reseller of credit information by assembling and merging

information contained in the database of another consumer

reporting agency or multiple consumer reporting agencies and

does not maintain a permanent database of credit information

from which new consumer reports are produced. However, a

consumer reporting agency acting as a reseller shall honor

any security freeze placed on a consumer report by another

consumer reporting agency.

(9) A check services or fraud prevention services

company which issues reports on incidents of fraud or

authorizations for the purpose of approving or processing

negotiable instruments, electronic funds transfers or similar

methods of payments.

(10) A deposit account information service company which

issues reports regarding account closures due to fraud,

substantial overdrafts, automated teller machine (ATM) abuse

or similar negative information regarding a consumer to

inquiring banks or other financial institutions for use only

in reviewing a consumer request for a deposit account at the

inquiring bank or financial institution.

(11) Any person or entity for use in setting or

adjusting a rate, issuing or underwriting a policy, adjusting

a claim or servicing a policy for underwriting for property

and casualty insurance purposes.

(12) A person or entity administering a credit file

monitoring subscription service or similar service to which

the consumer has subscribed.