Title 54 — DEBTOR AND CREDITOR
19 chapters · 291 sections in this title.
SDCL § 54-15-10 Disclosure of process for placing and temporarily lifting security freeze or allowing limited access to information
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If a consumer requests a security freeze, the consumer reporting agency shall disclose the process of placing and temporarily lifting a freeze, and the process for allowing access to information from the consumer's credit report for a specific party or period of time while the fr…
SDCL § 54-15-11 Removal of security freeze--Request for removal
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A security freeze under § 54-15-4 shall remain in place until the consumer reporting agency receives a request from the consumer to remove the freeze. A consumer reporting agency shall remove a security freeze within three business days of receiving a request for removal from the…
SDCL § 54-15-12 Use of credit report by certain persons and entities not subject to chapter
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This chapter does not apply to the use of a consumer credit report by any of the following: (1) A person, or a subsidiary, affiliate, or agent of that person, or an assignee of a financial obligation owed by the consumer to that person or entity, or a prospective assignee of a fi…
SDCL § 54-15-13 Written confirmation of changes to report while security freeze in place
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If a security freeze is in place, a consumer reporting agency may not change any name, date of birth, social security number, or address in a consumer credit report without sending a written confirmation of the change to the consumer within thirty days of the change being posted …
SDCL § 54-15-14 Resellers of credit information not required to place security freeze
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No consumer reporting agency is required to place a security freeze in a consumer credit report if the consumer reporting agency acts only as a reseller of credit information by assembling and merging information contained in the data base of another consumer reporting agency or …
SDCL § 54-15-15 Certain entities not required to place security freeze
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The following entities are not required to place a security freeze in a consumer credit report pursuant to this chapter: (1) A check services or fraud prevention services company, which issues reports on incidents of fraud or authorizations for the purpose of approving or process…
SDCL § 54-15-16 Furnishing of information to governmental agency when security freeze in place
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A consumer reporting agency may furnish to a governmental agency a consumer's name, address, former address, places of employment, or former places of employment even if a security freeze is in place. Source: SL 2006, ch 246 , § 16.
SDCL § 54-15-17 Fee for placement or removal of security freeze prohibited
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A consumer reporting agency is prohibited from charging a fee for a placement or removal of a security freeze under this chapter. Source: SL 2018, ch 273 , § 2.
SDCL § 54-15-2 Security freeze defined
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For the purposes of this chapter, a security freeze is a notice placed in a consumer's credit report, at the request of the consumer and subject to certain exceptions, that prohibits the consumer reporting agency from releasing the consumer's credit report, relating to the extens…
SDCL § 54-15-3 Request to consumer reporting agency for security freeze
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A person may place a security freeze on that person's credit report by making a request to a consumer reporting agency in a manner designated by the consumer reporting agency to receive a request for a security freeze. This section does not prevent a consumer reporting agency fro…
SDCL § 54-15-4 Time for placing security freeze
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A consumer reporting agency shall place a security freeze on a consumer's credit report no later than five business days after receiving a written request from the consumer. Source: SL 2006, ch 246 , § 4.
SDCL § 54-15-5 Written confirmation of security freeze
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The consumer reporting agency shall send a written confirmation of the security freeze to the consumer within ten business days and shall provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the …
SDCL § 54-15-6 Request for temporary lifting of security freeze
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If any consumer wishes to allow the consumer's credit report to be accessed for a specific period of time while a freeze is in place, the consumer shall contact the consumer reporting agency at a point of contact designated by the agency to receive such requests, request that the…
SDCL § 54-15-7 Expedited procedures for temporary lifting of security freeze
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A consumer reporting agency may develop procedures involving the use of telephone, fax, the internet, or other electronic media to receive and process a request from a consumer to temporarily lift a freeze on that consumer's credit report in an expedited manner. Source: SL 2006, …
SDCL § 54-15-8 Conditions for removing or temporarily lifting security freeze
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A consumer reporting agency shall remove or temporarily lift a freeze placed on a consumer's credit report only in the following cases: (1) Upon a consumer's request pursuant to § 54-15-6 or 54-15-11 ; or (2) When the consumer's credit report was frozen due to a material misrepre…
SDCL § 54-15-9 Treatment of credit or other application as incomplete for denial of limited access to credit information
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If a third party requests access to a consumer credit report on which a security freeze is in effect, and this request is in connection with an application for credit or any other use, and the consumer does not allow the consumer's credit report to be accessed for that specific p…