H1184B1544A06937 SFR:JMT 04/22/16 #90 A06937
AMENDMENTS TO HOUSE BILL NO. 1184
Sponsor: REPRESENTATIVE D. MILLER
Printer's No. 1544
Amend Bill, page 1, line 5, by inserting after "for "
definitions and for
Amend Bill, page 1, line 5, by striking out the period after
"freeze" and inserting
; and providing for protected persons security freeze.
Amend Bill, page 1, lines 8 through 10, by striking out all
of said lines and inserting
Section 1. Sections 2 and 3(d) of the act of November 29,
2006 (P.L.1463, No.163), known as the Credit Reporting Agency
Act, are amended to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Consumer." An individual who is not a protected person.
"Consumer report." A written, oral or other communication of
any information by a consumer reporting agency bearing on a
consumer's or protected person's creditworthiness, credit
standing or credit capacity.
"Consumer reporting agency." Any person who, for monetary
fees, dues or on a cooperative basis, regularly engages in whole
or in part in the practice of assembling or evaluating consumer
credit information or other information on consumers or
protected persons for the purpose of furnishing consumer reports
to third parties.
"Protected person." An individual who is any of the
following:
(1) Not emancipated and under 16 years of age at the
time a request for the placement of a protected persons
security freeze is made.
(2) An incapacitated person under 20 Pa.C.S. Ch. 55
(relating to incapacitated persons).
(3) A protected person under 20 Pa.C.S. Ch. 59 (relating
to uniform adult guardianship and protective proceedings
jurisdiction).
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"Protected persons security freeze." Either of the
following:
(1) I f a consumer reporting agency does not have a file
pertaining to a protected person, a restriction that:
(i) Is placed on the protected person's record in
accordance with section 10.1.
(ii) Prohibits the consumer reporting agency from
releasing the protected person's record except as
provided in section 10.1.
(2) If a consumer reporting agency has a file pertaining
to a protected person, a restriction that:
(i) Is placed on the protected person's consumer
report in accordance with section 10.1.
(ii) Prohibits the consumer reporting agency from
releasing the protected person's consumer report or any
information derived from the protected person's consumer
report except as provided in section 10.1.
"Record." A compilation of information that:
(1) Identifies a protected person.
(2) Is created by a consumer reporting agency solely for
the purpose of complying with section 10.1.
(3) May not be created or used to consider the protected
person's credit worthiness, credit standing, credit capacity,
character, general reputation, personal characteristics or
mode of living for any purpose listed in the Fair Credit
Reporting Act (Public Law 91-508, 15 U.S.C. § 1681b).
"Representative." A person providing to a consumer reporting
agency sufficient proof of authority to act on behalf of a
protected person.
"Security freeze." A notice placed on a consumer report, at
the request of the consumer and subject to certain exceptions,
that prohibits a consumer reporting agency from releasing the
consumer report without the express authorization of the
consumer.
"Sufficient proof of authority." Documentation showing that
a representative has authority to act on behalf of a protected
person, including, but not limited to, any of the following:
(1) A n order issued by a court of law.
(2) A lawfully executed and valid power of attorney.
(3) A written and notarized statement signed by the
representative that expressly describes the authority of the
representative to act on behalf of the protected person.
"Sufficient proof of identification." Information or
documentation that identifies a protected person or a
representative, including, but not limited to, any of the
following:
(1) A Social Security number or a copy of a Social
Security card issued by the Social Security Administration.
(2) A certified or official copy of a birth certificate
issued by the entity authorized to issue the birth
certificate.
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(3) A copy of a driver's license, an identification card
issued by the Department of Transportation or any other
government-issued identification.
(4) A copy of a bill, including, but not limited to, a
bill for telephone, sewer, septic tank, water, electric, oil,
or natural gas services, that shows a name and home address.
Amend Bill, page 1, by inserting after line 19
Section 2. The act is amended by adding a section to read:
Section 10.1. Protected persons security freeze.
(a) Applicability.--The following shall apply:
(1) Notwithstanding the other provisions of this act,
this section shall apply to protected persons and their
representatives.
(2) This section shall not apply to:
(i) A person or entity under section 3(e)(1), (6),
(7), (8), (9), (10) or (12).
(ii) A person or entity that maintains or is a
database used solely for any of the following:
(A) Criminal record information.
(B) Personal loss history information.
(C) Fraud prevention or detection.
(D) Employment screening.
(E) Tenant screening.
(b) Placement.--The following shall apply:
(1) A consumer reporting agency shall place a protected
persons security freeze if:
(i) The consumer reporting agency receives a request
from a representative for the placement of the protected
persons security freeze.
(ii) The representative does the following:
(A) Submits the request to the consumer
reporting agency at the address or other point of
contact and in the manner specified by the consumer
reporting agency.
(B) Provides to the consumer reporting agency
sufficient proof of identification of the protected
person and the representative.
(C) Provides to the consumer reporting agency
sufficient proof of authority to act on behalf of the
protected person.
(D) Pays to the consumer reporting agency a fee
as provided in subsection (h).
(2) If a consumer reporting agency does not have a file
pertaining to a protected person when the consumer reporting
agency receives a request under paragraph (1), the consumer
reporting agency shall create a record for the protected
person.
(c) Timing of placement.--Within 30 days after receiving a
request that meets the requirements under subsection (b)(1), a
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consumer reporting agency shall place a protected persons
security freeze.
(d) Release of consumer report prohibited.--Unless a
protected persons security freeze is removed in accordance with
subsection (f) or (i), a consumer reporting agency may not
release the protected person's consumer report, any information
derived from the protected person's consumer report or any
record created for the protected person.
(e) Effective period.--A protected persons security freeze
shall remain in effect until either of the following occurs:
(1) The protected person or representative requests the
consumer reporting agency to remove the security freeze in
accordance with subsection (f).
(2) The protected persons security freeze is removed in
accordance with subsection (i).
(f) Removal.--If a protected person or representative wishes
to remove a protected persons security freeze, the protected
person or representative shall:
(1) Submit a request for the removal of the security
freeze to the consumer reporting agency at the address or
other point of contact and in the manner specified by the
consumer reporting agency.
(2) Provide the following to the consumer reporting
agency:
(i) In the case of a request by the protected
person:
(A) Proof that the sufficient proof of authority
for the representative to act on behalf of the
protected person is no longer valid.
(B) Sufficient proof of identification of the
protected person.
(ii) In the case of a request by a representative:
(A) Sufficient proof of identification of the
protected person and representative.
(B) Sufficient proof of authority to act on
behalf of the protected person.
(3) Pay to the consumer reporting agency a fee as
provided in subsection (h).
(g) Timing of removal.--Within 30 days after receiving a
request that meets the requirements of subsection (f), the
consumer reporting agency shall remove the protected persons
security freeze.
(h) Notice.--Any time that a consumer is entitled to receive
a summary of rights under the Fair Credit Reporting Act (Public
Law 91-508, 15 U.S.C. § 1681g(c)), the following notice shall be
included:
(1) Parents, guardians or custodians of a minor child
under 16 years of age, guardians of an incapacitated person
under State law and guardians of a protected person under
State law have a right to have a record created with certain
consumer reporting agencies, more commonly known as credit
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bureaus, to prevent the creation of a credit report for a
protected person as defined under the act. To place or remove
a record, you should contact a consumer reporting agency at
the contact point provided for these requests. Consumer
reporting agencies have a right to charge $10 for the
placement and removal of a record, except for victims of
identity theft and for those under 16 years of age and in
foster care.
(i) Fees.--The following shall apply:
(1) Subject to paragraph (2), a consumer reporting
agency may charge a reasonable fee, not exceeding $10, for
each placement or removal of a protected persons security
freeze.
(2) Notwithstanding paragraph (1), a consumer reporting
agency may not charge any fee under this section if any of
the following circumstances exist:
(i) Either of the following applies:
(A) the representative has obtained a report
from a law enforcement agency alleging identity fraud
against the protected person and provides a copy of
the report to the consumer reporting agency; or
(B) a request for the placement or removal of a
protected persons security freeze is for a protected
person who is under 16 years of age and in foster
care at the time of the request.
(j) Effect of material misrepresentation of fact.--A
consumer reporting agency may remove a protected persons
security freeze or delete a record of a protected person if the
protected persons security freeze was placed or the record was
created based on a material misrepresentation of fact by the
protected person or representative.
(k) Remedy for violation of section.--A consumer reporting
agency's sole liability is for actual damages as a result of a
violation of this section.
Amend Bill, page 2, line 1, by striking out "2" and inserting
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Amend Bill, page 2, line 1, by striking out "in 60 days." and
inserting
as follows:
(1) The addition of section 10.1 of the act shall take
effect January 1, 2017.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 60
days.
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See A06937 in
the context
of HB1184