AN ACT TO AUTHORIZE THE PLACEMENT OF A PROTECTED CONSUMER SECURITY FREEZE ON A PROTECTED CONSUMER'S CREDIT REPORT. Enacted August 5, 2015. Effective January 1, 2016.
Bill Summaries: H607 ALLOW PROTECTED CONSUMER SECURITY FREEZES.
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Tracking:
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Bill H 607 (2015-2016)Summary date: Aug 10 2015 - View Summary
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Bill H 607 (2015-2016)Summary date: Jul 23 2015 - View Summary
Senate committee substitute makes the following changes to 2nd edition.
Repeals GS 75-63(o1) of the Identity Theft Prevention Act, which allows a parent or guardian of a minor to inquire of a nationwide consumer reporting agency as to the existence of a credit report for the minor and requires the reporting agency to make reasonable efforts to prevent providing a credit report on the minor until the minor reaches the age of majority.
Amends GS 75-63.1 to prevent a consumer reporting agency from charging a fee for placement or removal of a security freeze if the consumer's representative submits a copy of a valid investigative or incident report or complaint with a law enforcement agency (was, has obtained a report of alleged identity theft or fraud).
Allows release of a consumer report or file, despite a security freeze, for purposes of a credit file monitoring subscription service to which the protected consumer has subscribed (was, credit reporting service as defined in GS 75-134) or to a consumer reporting agency (was, a person) providing a protected consumer with a copy of the consumer's credit report upon request of the consumer.
Creates an exception from the requirement to place a security freeze on a credit report for check services or fraud prevention services companies, deposit account information service companies, certain consumer reporting agencies that resell credit information assembled in a database of one or more credit reporting agencies, and certain consumer reporting agencies that maintain credit information for purposes other than credit granting purposes, such as fraud prevention or detection and background screening.
Amends GS 130A-101 to include fathers and legal guardians (was, just mothers) among the persons who should receive information about consumer security freezes from the person responsible for preparing birth certificates when a birth occurs.
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Bill H 607 (2015-2016)Summary date: Apr 29 2015 - View Summary
House committee substitute make the following changes to the 1st edition.
Amends GS 75-63.1, Security freeze for protected consumers, which allows a consumer reporting agency to place a protected consumer security freeze (freeze), clarifying that a consumer reporting agency can place a freeze after receiving a request to do so by way of first-class mail, a telephone call, or by secure website or secure electronic mail connection. Amends the provisions concerning the charging of a reasonable fee by a consumer reporting agency for placing a freeze, providing that a reasonable fee not to exceed $5 can be charged (previously, provided for a fee not to exceed $3). Deletes language which provided that a fee could not be charged for the placement or removal of a freeze if that request was made electronically.
Expands by ten the parties to which the placement of a freeze does not stop the release of a protected consumer's consumer report, file, or additional information, including adding persons acting pursuant to a court order, warrant, or subpoena and to a person for the purpose of criminal background record information.
Amends the effective date, providing that the act is effective January 1, 2016 (was, October 1, 2015).
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Bill H 607 (2015-2016)Summary date: Apr 9 2015 - View Summary
Amends GS 75-61 adding new definitions to the Identity Theft Protection Act including protected consumer, protected consumer security freeze, protected consumer's file, representative, sufficient proof of authority, and sufficient proof of identification. Defines a protected consumer as an individual who is (1) under age 16 at the time a request for the placement of a security freeze is made or (2) incapacitated or for whom a guardian or guardian ad litem has been approved.
Enacts new section GS 75-63.1, Security freeze for protected consumers, which allows a consumer reporting agency to place a protected consumer security freeze (freeze) on the protected consumer's credit report or file within 30 days if specified conditions are met. Specifies procedures and actions for consumer reporting agencies when a freeze is required. Provides that a freeze must remain in effect until certain actions are taken, upon which the freeze must be removed within 30 days. These actions include: (1) the protected consumer or representative requests the consumer reporting agency to remove the freeze by following the specified process or (2) the consumer reporting agency determines that the freeze was placed based on a material misrepresentation of fact. Sets out provisions providing for and regulating the allowable reasonable fee that can be charged by consumer reporting agencies for the placement and removal of freezes. Provides that the fee cannot exceed $3 in most cases but also specifies several cases where a fee cannot be charged, including that the request for placement or removal of a freeze was made electronically or the protected consumer is over 62 years old. Provides that the placement of a freeze does not stop the release of a protected consumer's consumer report, file, or additional information to specified parties, including certain credit reporting services (when subscribed to). Provides that a violation of this section is considered a violation of GS 75-1.1, concerning unfair methods of competition and unfair or deceptive acts or practices affecting commerce.
Enacts new GS 130A-101(h) concerning birth registration, providing that when a birth occurs, the individual responsible for preparing the birth certificate must also provide the mother with information regarding how to request a freeze for the child pursuant to the above provisions.
Effective October 1, 2015.