AN ACT TO AUTHORIZE THE PLACEMENT OF A PROTECTED CONSUMER SECURITY FREEZE ON A PROTECTED CONSUMER'S CREDIT REPORT.
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.
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