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HB18-1090

Credit Security Freeze For Minors And At-risk Adults

Concerning the placement of a security freeze by a consumer reporting agency on the consumer report of a consumer who is under the charge of a guardian.
Session:
2018 Regular Session
Subject:
Financial Services & Commerce
Bill Summary

Section 2 of the bill requires a consumer reporting agency that has a consumer file on an individual who is under 18 years of age to automatically place a security freeze on the individual's consumer report free of charge. Once the individual reaches 18 years of age, the consumer reporting agency shall automatically unfreeze the individual's consumer report unless the individual or the individual's guardian, at least one month before the individual turns 18 but not more than 6 months before the individual turns 18, requests that the security freeze be maintained.

Section 3 authorizes a guardian to request a security freeze for an individual who is under the charge of the guardian. If the consumer reporting agency does not yet have a consumer report for the individual at the time that a security freeze is requested, the consumer reporting agency is required to create a consumer record for the individual and place a security freeze on the consumer record.

The individual's guardian may request that the consumer reporting agency temporarily lift the security freeze placed on the individual's consumer report or record, lift the security freeze with respect to a specific third party, or permanently remove the security freeze.

A consumer reporting agency is not allowed to charge a fee for the placement, temporary lift, partial lift, or removal of a security freeze on the individual's consumer report or record.

Section 1 defines the terms 'guardian', 'legal guardian', 'protected consumer', 'sufficient proof of authority', and 'sufficient proof of identification' and amends the definition of 'security freeze' to apply to individuals under the charge of a guardian.

Section 4 adds a summary of rights that consumer reporting agencies are required to send to consumers concerning:

  • The automatic security freeze placed on individuals under 18 years of age for whom a consumer reporting agency has a consumer file; and
  • A guardian's right to request a security freeze for an individual who is under the guardian's charge and for whom a consumer reporting agency does not have a consumer file.

Sections 5 through 8 make conforming amendments.
(Note: This summary applies to this bill as introduced.)

Status

Introduced
Lost

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Bill Text

Sponsors

Sponsor Type Legislators
Prime Sponsor

Rep. C. Duran, Rep. K. Ransom

Sponsor

Co-sponsor

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The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details