| 1 | | - | Assembly Bill No. 2935 CHAPTER 846An act to amend Sections 1785.11.11 and 1785.12 of the Civil Code, relating to foster care. [ Approved by Governor September 28, 2024. Filed with Secretary of State September 28, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2935, Maienschein. Foster children: consumer credit reports.Existing law requires a consumer credit reporting agency to place a security freeze for a protected consumer if it receives a request from a protected consumers representative for the placement of a security freeze, as specified, and the protected consumers representative submits the request to the consumer credit reporting agency in accordance with certain requirements. For purposes of these provisions, a protected consumer includes an individual who is under the jurisdiction of a county welfare department or county probation department, has been placed in a foster care setting, and is under 16 years of age at the time a request for placement of a security freeze is made. Existing law authorizes a consumer credit reporting agency to remove a security freeze for a protected consumer, or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.Existing law requires a county welfare department, county probation department, or the State Department of Social Services to inquire of each of the 3 major credit reporting agencies as to whether a child in foster care placement who reaches their 14th birthday has any consumer credit history, as specified. Existing law, with respect to a nonminor dependent, requires the county welfare department or county probation department to assist the young adult, on a yearly basis while the nonminor dependent is under the jurisdiction of the juvenile court, with requesting the consumer credit report from each of the 3 major credit reporting agencies, as specified. Existing law requires the county social worker or county probation officer to ensure that the child or nonminor dependent receives assistance with interpreting the consumer credit report and resolving any inaccuracies, including, but not limited to, referring the youth to a governmental or nonprofit agency that provides consumer credit.This bill would deem certain requirements for the placement or removal of a security freeze for a protected consumer to be met if the request is from the county welfare department or county probation department appearing on the most recent list provided or made available to the consumer credit reporting agency by the State Department of Social Services, and the requesting entity provides sufficient proof of identification under a specified federal law. The bill would restrict a county welfare department or county probation department from requesting a security freeze for a protected consumer placed in foster care that continues beyond the protected consumers 18th birthday, as specified. If the child placed in a foster care setting has a consumer credit history, the bill would require any information that appears on the protected consumers credit report to be promptly blocked and not reported, in the same manner as if the credit reporting agency had received a police report pursuant to a specified provision relating to identity theft. The bill also would require the credit reporting to comply with additional requirements relating to the blocking and unblocking of credit history information that is subject to investigation by the police or the Department of Motor Vehicles.The bill would authorize the freeze to be removed by the representative of the protected consumer or by the protected consumer if they are 16 years of age or older, under certain circumstances, including upon the protected consumers removal from foster care.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1785.11.11 of the Civil Code is amended to read:1785.11.11. (a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if both of the following occur:(A) The consumer credit reporting agency receives a request from the protected consumers representative for the placement of the security freeze pursuant to this section.(B) The protected consumers representative does all of the following:(i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.(iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.(iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).(2) (A) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (ii) and (iii) of subparagraph (B) of paragraph (1) to have been met if the request is from a county welfare department or a county probation department appearing on the most recent list provided or available to a consumer credit reporting agency by the State Department of Social Services and the requesting entity provides sufficient proof of identification under 15 U.S.C. Sec. 1681c-1(j)(1)(G). A county welfare department or county probation department shall not have the authority to request a security freeze for a protected consumer placed in foster care that continues beyond the protected consumers 18th birthday. A consumer credit reporting agency may use whatever lawful mechanism is available to it, including mechanisms for thawing or unfreezing reports by dates certain, to ensure the freeze does not extend beyond a protected consumers 18th birthday.(B) Notwithstanding any other law, the State Department of Social Services may, at the request of a consumer credit reporting agency, provide or, in the State Department of Social Services discretion, otherwise make available to consumer reporting agencies in any other manner, a list of county welfare departments or county probation departments whose employees may be representatives of protected consumers who have been placed in a foster care setting.(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.(c) If a protected consumers representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumers consumer credit report, any information derived from the protected consumers consumer credit report, or any record created for the protected consumer.(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:(1) The protected consumer or the protected consumers representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).(2) The security freeze is removed in accordance with subdivision (j).(g) To remove a security freeze, a protected consumer or a protected consumers representative shall do all of the following:(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(2) Provide to the consumer credit reporting agency:(A) If the request is made by the protected consumer:(i) Proof that the sufficient proof of authority for the protected consumers representative to act on behalf of the protected consumer is no longer valid, they have been emancipated, or they are 16 years of age or older.(ii) Sufficient proof of identification of the protected consumer.(B) If the request is made by the representative of a protected consumer:(i) Sufficient proof of identification of the protected consumer and the representative.(ii) Sufficient proof of authority to act on behalf of the protected consumer.(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:(A) The protected consumers representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency.(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.(j) (1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.(2) With respect to a security freeze placed for a protected consumer under paragraph (2) of subdivision (a), the freeze may be removed prior to the protected consumers 18th birthday at the request of the representative of the protected consumer, or by the protected consumer if the protected consumer is 16 years of age or older at the time they make the request, under any of the following circumstances:(A) Upon the protected consumers removal from foster care.(B) Upon the protected consumers request, if the protected consumer is 16 years of age or older.(C) Upon a determination by the representative of the protected consumer that removal of the security freeze is in the best interest of the protected consumer.(3) A representative of the protected consumer may also remove the freeze pursuant to paragraph (2) at a time when the representative inquires with each of the three major credit reporting agencies pursuant to paragraph (1) of subdivision (a) of Section 10618.6 the Welfare and Institutions Code.(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the internet, or other electronic media to receive and process a request for a protected consumers security freeze to be placed or removed.SEC. 2. Section 1785.12 of the Civil Code is amended to read:1785.12. (a) Notwithstanding the provisions of Section 1785.11, a consumer credit reporting agency may furnish to a governmental agency a consumers name, address, former address, places of employment, or former places of employment.(b) If a request received pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code indicates that the protected consumer who has been placed in a foster care setting has a consumer credit history, any information that appears on the protected consumers credit report shall be promptly blocked and not reported, in the same manner set forth in subdivision (k) of Section 1785.16 as if the agency had received a police report pursuant to Section 530.5 of the Penal Code. The credit reporting agency shall also comply with subdivisions (k) and (l) of Section 1785.16, regarding the protected consumer who has been placed in a foster care setting.SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. |
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| 1 | + | Enrolled September 05, 2024 Passed IN Senate August 30, 2024 Passed IN Assembly August 31, 2024 Amended IN Senate August 21, 2024 Amended IN Senate June 20, 2024 Amended IN Senate June 10, 2024 Amended IN Assembly April 17, 2024 Amended IN Assembly April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2935Introduced by Assembly Member Maienschein(Coauthor: Assembly Member Petrie-Norris)February 15, 2024An act to amend Sections 1785.11.11 and 1785.12 of the Civil Code, relating to foster care. LEGISLATIVE COUNSEL'S DIGESTAB 2935, Maienschein. Foster children: consumer credit reports.Existing law requires a consumer credit reporting agency to place a security freeze for a protected consumer if it receives a request from a protected consumers representative for the placement of a security freeze, as specified, and the protected consumers representative submits the request to the consumer credit reporting agency in accordance with certain requirements. For purposes of these provisions, a protected consumer includes an individual who is under the jurisdiction of a county welfare department or county probation department, has been placed in a foster care setting, and is under 16 years of age at the time a request for placement of a security freeze is made. Existing law authorizes a consumer credit reporting agency to remove a security freeze for a protected consumer, or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.Existing law requires a county welfare department, county probation department, or the State Department of Social Services to inquire of each of the 3 major credit reporting agencies as to whether a child in foster care placement who reaches their 14th birthday has any consumer credit history, as specified. Existing law, with respect to a nonminor dependent, requires the county welfare department or county probation department to assist the young adult, on a yearly basis while the nonminor dependent is under the jurisdiction of the juvenile court, with requesting the consumer credit report from each of the 3 major credit reporting agencies, as specified. Existing law requires the county social worker or county probation officer to ensure that the child or nonminor dependent receives assistance with interpreting the consumer credit report and resolving any inaccuracies, including, but not limited to, referring the youth to a governmental or nonprofit agency that provides consumer credit.This bill would deem certain requirements for the placement or removal of a security freeze for a protected consumer to be met if the request is from the county welfare department or county probation department appearing on the most recent list provided or made available to the consumer credit reporting agency by the State Department of Social Services, and the requesting entity provides sufficient proof of identification under a specified federal law. The bill would restrict a county welfare department or county probation department from requesting a security freeze for a protected consumer placed in foster care that continues beyond the protected consumers 18th birthday, as specified. If the child placed in a foster care setting has a consumer credit history, the bill would require any information that appears on the protected consumers credit report to be promptly blocked and not reported, in the same manner as if the credit reporting agency had received a police report pursuant to a specified provision relating to identity theft. The bill also would require the credit reporting to comply with additional requirements relating to the blocking and unblocking of credit history information that is subject to investigation by the police or the Department of Motor Vehicles.The bill would authorize the freeze to be removed by the representative of the protected consumer or by the protected consumer if they are 16 years of age or older, under certain circumstances, including upon the protected consumers removal from foster care.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1785.11.11 of the Civil Code is amended to read:1785.11.11. (a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if both of the following occur:(A) The consumer credit reporting agency receives a request from the protected consumers representative for the placement of the security freeze pursuant to this section.(B) The protected consumers representative does all of the following:(i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.(iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.(iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).(2) (A) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (ii) and (iii) of subparagraph (B) of paragraph (1) to have been met if the request is from a county welfare department or a county probation department appearing on the most recent list provided or available to a consumer credit reporting agency by the State Department of Social Services and the requesting entity provides sufficient proof of identification under 15 U.S.C. Sec. 1681c-1(j)(1)(G). A county welfare department or county probation department shall not have the authority to request a security freeze for a protected consumer placed in foster care that continues beyond the protected consumers 18th birthday. A consumer credit reporting agency may use whatever lawful mechanism is available to it, including mechanisms for thawing or unfreezing reports by dates certain, to ensure the freeze does not extend beyond a protected consumers 18th birthday.(B) Notwithstanding any other law, the State Department of Social Services may, at the request of a consumer credit reporting agency, provide or, in the State Department of Social Services discretion, otherwise make available to consumer reporting agencies in any other manner, a list of county welfare departments or county probation departments whose employees may be representatives of protected consumers who have been placed in a foster care setting.(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.(c) If a protected consumers representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumers consumer credit report, any information derived from the protected consumers consumer credit report, or any record created for the protected consumer.(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:(1) The protected consumer or the protected consumers representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).(2) The security freeze is removed in accordance with subdivision (j).(g) To remove a security freeze, a protected consumer or a protected consumers representative shall do all of the following:(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(2) Provide to the consumer credit reporting agency:(A) If the request is made by the protected consumer:(i) Proof that the sufficient proof of authority for the protected consumers representative to act on behalf of the protected consumer is no longer valid, they have been emancipated, or they are 16 years of age or older.(ii) Sufficient proof of identification of the protected consumer.(B) If the request is made by the representative of a protected consumer:(i) Sufficient proof of identification of the protected consumer and the representative.(ii) Sufficient proof of authority to act on behalf of the protected consumer.(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:(A) The protected consumers representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency.(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.(j) (1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.(2) With respect to a security freeze placed for a protected consumer under paragraph (2) of subdivision (a), the freeze may be removed prior to the protected consumers 18th birthday at the request of the representative of the protected consumer, or by the protected consumer if the protected consumer is 16 years of age or older at the time they make the request, under any of the following circumstances:(A) Upon the protected consumers removal from foster care.(B) Upon the protected consumers request, if the protected consumer is 16 years of age or older.(C) Upon a determination by the representative of the protected consumer that removal of the security freeze is in the best interest of the protected consumer.(3) A representative of the protected consumer may also remove the freeze pursuant to paragraph (2) at a time when the representative inquires with each of the three major credit reporting agencies pursuant to paragraph (1) of subdivision (a) of Section 10618.6 the Welfare and Institutions Code.(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the internet, or other electronic media to receive and process a request for a protected consumers security freeze to be placed or removed.SEC. 2. Section 1785.12 of the Civil Code is amended to read:1785.12. (a) Notwithstanding the provisions of Section 1785.11, a consumer credit reporting agency may furnish to a governmental agency a consumers name, address, former address, places of employment, or former places of employment.(b) If a request received pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code indicates that the protected consumer who has been placed in a foster care setting has a consumer credit history, any information that appears on the protected consumers credit report shall be promptly blocked and not reported, in the same manner set forth in subdivision (k) of Section 1785.16 as if the agency had received a police report pursuant to Section 530.5 of the Penal Code. The credit reporting agency shall also comply with subdivisions (k) and (l) of Section 1785.16, regarding the protected consumer who has been placed in a foster care setting.SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. |
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| 14 | 28 | | |
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| 15 | 29 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 30 | | |
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| 17 | 31 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 32 | | |
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| 19 | 33 | | AB 2935, Maienschein. Foster children: consumer credit reports. |
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| 20 | 34 | | |
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| 21 | 35 | | Existing law requires a consumer credit reporting agency to place a security freeze for a protected consumer if it receives a request from a protected consumers representative for the placement of a security freeze, as specified, and the protected consumers representative submits the request to the consumer credit reporting agency in accordance with certain requirements. For purposes of these provisions, a protected consumer includes an individual who is under the jurisdiction of a county welfare department or county probation department, has been placed in a foster care setting, and is under 16 years of age at the time a request for placement of a security freeze is made. Existing law authorizes a consumer credit reporting agency to remove a security freeze for a protected consumer, or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.Existing law requires a county welfare department, county probation department, or the State Department of Social Services to inquire of each of the 3 major credit reporting agencies as to whether a child in foster care placement who reaches their 14th birthday has any consumer credit history, as specified. Existing law, with respect to a nonminor dependent, requires the county welfare department or county probation department to assist the young adult, on a yearly basis while the nonminor dependent is under the jurisdiction of the juvenile court, with requesting the consumer credit report from each of the 3 major credit reporting agencies, as specified. Existing law requires the county social worker or county probation officer to ensure that the child or nonminor dependent receives assistance with interpreting the consumer credit report and resolving any inaccuracies, including, but not limited to, referring the youth to a governmental or nonprofit agency that provides consumer credit.This bill would deem certain requirements for the placement or removal of a security freeze for a protected consumer to be met if the request is from the county welfare department or county probation department appearing on the most recent list provided or made available to the consumer credit reporting agency by the State Department of Social Services, and the requesting entity provides sufficient proof of identification under a specified federal law. The bill would restrict a county welfare department or county probation department from requesting a security freeze for a protected consumer placed in foster care that continues beyond the protected consumers 18th birthday, as specified. If the child placed in a foster care setting has a consumer credit history, the bill would require any information that appears on the protected consumers credit report to be promptly blocked and not reported, in the same manner as if the credit reporting agency had received a police report pursuant to a specified provision relating to identity theft. The bill also would require the credit reporting to comply with additional requirements relating to the blocking and unblocking of credit history information that is subject to investigation by the police or the Department of Motor Vehicles.The bill would authorize the freeze to be removed by the representative of the protected consumer or by the protected consumer if they are 16 years of age or older, under certain circumstances, including upon the protected consumers removal from foster care. |
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| 22 | 36 | | |
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| 23 | 37 | | Existing law requires a consumer credit reporting agency to place a security freeze for a protected consumer if it receives a request from a protected consumers representative for the placement of a security freeze, as specified, and the protected consumers representative submits the request to the consumer credit reporting agency in accordance with certain requirements. For purposes of these provisions, a protected consumer includes an individual who is under the jurisdiction of a county welfare department or county probation department, has been placed in a foster care setting, and is under 16 years of age at the time a request for placement of a security freeze is made. Existing law authorizes a consumer credit reporting agency to remove a security freeze for a protected consumer, or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative. |
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| 24 | 38 | | |
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| 25 | 39 | | Existing law requires a county welfare department, county probation department, or the State Department of Social Services to inquire of each of the 3 major credit reporting agencies as to whether a child in foster care placement who reaches their 14th birthday has any consumer credit history, as specified. Existing law, with respect to a nonminor dependent, requires the county welfare department or county probation department to assist the young adult, on a yearly basis while the nonminor dependent is under the jurisdiction of the juvenile court, with requesting the consumer credit report from each of the 3 major credit reporting agencies, as specified. Existing law requires the county social worker or county probation officer to ensure that the child or nonminor dependent receives assistance with interpreting the consumer credit report and resolving any inaccuracies, including, but not limited to, referring the youth to a governmental or nonprofit agency that provides consumer credit. |
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| 26 | 40 | | |
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| 27 | 41 | | This bill would deem certain requirements for the placement or removal of a security freeze for a protected consumer to be met if the request is from the county welfare department or county probation department appearing on the most recent list provided or made available to the consumer credit reporting agency by the State Department of Social Services, and the requesting entity provides sufficient proof of identification under a specified federal law. The bill would restrict a county welfare department or county probation department from requesting a security freeze for a protected consumer placed in foster care that continues beyond the protected consumers 18th birthday, as specified. If the child placed in a foster care setting has a consumer credit history, the bill would require any information that appears on the protected consumers credit report to be promptly blocked and not reported, in the same manner as if the credit reporting agency had received a police report pursuant to a specified provision relating to identity theft. The bill also would require the credit reporting to comply with additional requirements relating to the blocking and unblocking of credit history information that is subject to investigation by the police or the Department of Motor Vehicles. |
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| 28 | 42 | | |
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| 29 | 43 | | The bill would authorize the freeze to be removed by the representative of the protected consumer or by the protected consumer if they are 16 years of age or older, under certain circumstances, including upon the protected consumers removal from foster care. |
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| 30 | 44 | | |
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| 31 | 45 | | ## Digest Key |
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| 32 | 46 | | |
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| 33 | 47 | | ## Bill Text |
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| 34 | 48 | | |
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| 35 | 49 | | The people of the State of California do enact as follows:SECTION 1. Section 1785.11.11 of the Civil Code is amended to read:1785.11.11. (a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if both of the following occur:(A) The consumer credit reporting agency receives a request from the protected consumers representative for the placement of the security freeze pursuant to this section.(B) The protected consumers representative does all of the following:(i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.(iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.(iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).(2) (A) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (ii) and (iii) of subparagraph (B) of paragraph (1) to have been met if the request is from a county welfare department or a county probation department appearing on the most recent list provided or available to a consumer credit reporting agency by the State Department of Social Services and the requesting entity provides sufficient proof of identification under 15 U.S.C. Sec. 1681c-1(j)(1)(G). A county welfare department or county probation department shall not have the authority to request a security freeze for a protected consumer placed in foster care that continues beyond the protected consumers 18th birthday. A consumer credit reporting agency may use whatever lawful mechanism is available to it, including mechanisms for thawing or unfreezing reports by dates certain, to ensure the freeze does not extend beyond a protected consumers 18th birthday.(B) Notwithstanding any other law, the State Department of Social Services may, at the request of a consumer credit reporting agency, provide or, in the State Department of Social Services discretion, otherwise make available to consumer reporting agencies in any other manner, a list of county welfare departments or county probation departments whose employees may be representatives of protected consumers who have been placed in a foster care setting.(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.(c) If a protected consumers representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumers consumer credit report, any information derived from the protected consumers consumer credit report, or any record created for the protected consumer.(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:(1) The protected consumer or the protected consumers representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).(2) The security freeze is removed in accordance with subdivision (j).(g) To remove a security freeze, a protected consumer or a protected consumers representative shall do all of the following:(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(2) Provide to the consumer credit reporting agency:(A) If the request is made by the protected consumer:(i) Proof that the sufficient proof of authority for the protected consumers representative to act on behalf of the protected consumer is no longer valid, they have been emancipated, or they are 16 years of age or older.(ii) Sufficient proof of identification of the protected consumer.(B) If the request is made by the representative of a protected consumer:(i) Sufficient proof of identification of the protected consumer and the representative.(ii) Sufficient proof of authority to act on behalf of the protected consumer.(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:(A) The protected consumers representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency.(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.(j) (1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.(2) With respect to a security freeze placed for a protected consumer under paragraph (2) of subdivision (a), the freeze may be removed prior to the protected consumers 18th birthday at the request of the representative of the protected consumer, or by the protected consumer if the protected consumer is 16 years of age or older at the time they make the request, under any of the following circumstances:(A) Upon the protected consumers removal from foster care.(B) Upon the protected consumers request, if the protected consumer is 16 years of age or older.(C) Upon a determination by the representative of the protected consumer that removal of the security freeze is in the best interest of the protected consumer.(3) A representative of the protected consumer may also remove the freeze pursuant to paragraph (2) at a time when the representative inquires with each of the three major credit reporting agencies pursuant to paragraph (1) of subdivision (a) of Section 10618.6 the Welfare and Institutions Code.(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the internet, or other electronic media to receive and process a request for a protected consumers security freeze to be placed or removed.SEC. 2. Section 1785.12 of the Civil Code is amended to read:1785.12. (a) Notwithstanding the provisions of Section 1785.11, a consumer credit reporting agency may furnish to a governmental agency a consumers name, address, former address, places of employment, or former places of employment.(b) If a request received pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code indicates that the protected consumer who has been placed in a foster care setting has a consumer credit history, any information that appears on the protected consumers credit report shall be promptly blocked and not reported, in the same manner set forth in subdivision (k) of Section 1785.16 as if the agency had received a police report pursuant to Section 530.5 of the Penal Code. The credit reporting agency shall also comply with subdivisions (k) and (l) of Section 1785.16, regarding the protected consumer who has been placed in a foster care setting.SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. |
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| 36 | 50 | | |
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| 37 | 51 | | The people of the State of California do enact as follows: |
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| 38 | 52 | | |
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| 39 | 53 | | ## The people of the State of California do enact as follows: |
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| 40 | 54 | | |
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| 41 | 55 | | SECTION 1. Section 1785.11.11 of the Civil Code is amended to read:1785.11.11. (a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if both of the following occur:(A) The consumer credit reporting agency receives a request from the protected consumers representative for the placement of the security freeze pursuant to this section.(B) The protected consumers representative does all of the following:(i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.(iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.(iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).(2) (A) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (ii) and (iii) of subparagraph (B) of paragraph (1) to have been met if the request is from a county welfare department or a county probation department appearing on the most recent list provided or available to a consumer credit reporting agency by the State Department of Social Services and the requesting entity provides sufficient proof of identification under 15 U.S.C. Sec. 1681c-1(j)(1)(G). A county welfare department or county probation department shall not have the authority to request a security freeze for a protected consumer placed in foster care that continues beyond the protected consumers 18th birthday. A consumer credit reporting agency may use whatever lawful mechanism is available to it, including mechanisms for thawing or unfreezing reports by dates certain, to ensure the freeze does not extend beyond a protected consumers 18th birthday.(B) Notwithstanding any other law, the State Department of Social Services may, at the request of a consumer credit reporting agency, provide or, in the State Department of Social Services discretion, otherwise make available to consumer reporting agencies in any other manner, a list of county welfare departments or county probation departments whose employees may be representatives of protected consumers who have been placed in a foster care setting.(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.(c) If a protected consumers representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumers consumer credit report, any information derived from the protected consumers consumer credit report, or any record created for the protected consumer.(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:(1) The protected consumer or the protected consumers representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).(2) The security freeze is removed in accordance with subdivision (j).(g) To remove a security freeze, a protected consumer or a protected consumers representative shall do all of the following:(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(2) Provide to the consumer credit reporting agency:(A) If the request is made by the protected consumer:(i) Proof that the sufficient proof of authority for the protected consumers representative to act on behalf of the protected consumer is no longer valid, they have been emancipated, or they are 16 years of age or older.(ii) Sufficient proof of identification of the protected consumer.(B) If the request is made by the representative of a protected consumer:(i) Sufficient proof of identification of the protected consumer and the representative.(ii) Sufficient proof of authority to act on behalf of the protected consumer.(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:(A) The protected consumers representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency.(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.(j) (1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.(2) With respect to a security freeze placed for a protected consumer under paragraph (2) of subdivision (a), the freeze may be removed prior to the protected consumers 18th birthday at the request of the representative of the protected consumer, or by the protected consumer if the protected consumer is 16 years of age or older at the time they make the request, under any of the following circumstances:(A) Upon the protected consumers removal from foster care.(B) Upon the protected consumers request, if the protected consumer is 16 years of age or older.(C) Upon a determination by the representative of the protected consumer that removal of the security freeze is in the best interest of the protected consumer.(3) A representative of the protected consumer may also remove the freeze pursuant to paragraph (2) at a time when the representative inquires with each of the three major credit reporting agencies pursuant to paragraph (1) of subdivision (a) of Section 10618.6 the Welfare and Institutions Code.(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the internet, or other electronic media to receive and process a request for a protected consumers security freeze to be placed or removed. |
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| 42 | 56 | | |
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| 43 | 57 | | SECTION 1. Section 1785.11.11 of the Civil Code is amended to read: |
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| 44 | 58 | | |
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| 45 | 59 | | ### SECTION 1. |
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| 46 | 60 | | |
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| 47 | 61 | | 1785.11.11. (a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if both of the following occur:(A) The consumer credit reporting agency receives a request from the protected consumers representative for the placement of the security freeze pursuant to this section.(B) The protected consumers representative does all of the following:(i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.(iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.(iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).(2) (A) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (ii) and (iii) of subparagraph (B) of paragraph (1) to have been met if the request is from a county welfare department or a county probation department appearing on the most recent list provided or available to a consumer credit reporting agency by the State Department of Social Services and the requesting entity provides sufficient proof of identification under 15 U.S.C. Sec. 1681c-1(j)(1)(G). A county welfare department or county probation department shall not have the authority to request a security freeze for a protected consumer placed in foster care that continues beyond the protected consumers 18th birthday. A consumer credit reporting agency may use whatever lawful mechanism is available to it, including mechanisms for thawing or unfreezing reports by dates certain, to ensure the freeze does not extend beyond a protected consumers 18th birthday.(B) Notwithstanding any other law, the State Department of Social Services may, at the request of a consumer credit reporting agency, provide or, in the State Department of Social Services discretion, otherwise make available to consumer reporting agencies in any other manner, a list of county welfare departments or county probation departments whose employees may be representatives of protected consumers who have been placed in a foster care setting.(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.(c) If a protected consumers representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumers consumer credit report, any information derived from the protected consumers consumer credit report, or any record created for the protected consumer.(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:(1) The protected consumer or the protected consumers representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).(2) The security freeze is removed in accordance with subdivision (j).(g) To remove a security freeze, a protected consumer or a protected consumers representative shall do all of the following:(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(2) Provide to the consumer credit reporting agency:(A) If the request is made by the protected consumer:(i) Proof that the sufficient proof of authority for the protected consumers representative to act on behalf of the protected consumer is no longer valid, they have been emancipated, or they are 16 years of age or older.(ii) Sufficient proof of identification of the protected consumer.(B) If the request is made by the representative of a protected consumer:(i) Sufficient proof of identification of the protected consumer and the representative.(ii) Sufficient proof of authority to act on behalf of the protected consumer.(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:(A) The protected consumers representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency.(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.(j) (1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.(2) With respect to a security freeze placed for a protected consumer under paragraph (2) of subdivision (a), the freeze may be removed prior to the protected consumers 18th birthday at the request of the representative of the protected consumer, or by the protected consumer if the protected consumer is 16 years of age or older at the time they make the request, under any of the following circumstances:(A) Upon the protected consumers removal from foster care.(B) Upon the protected consumers request, if the protected consumer is 16 years of age or older.(C) Upon a determination by the representative of the protected consumer that removal of the security freeze is in the best interest of the protected consumer.(3) A representative of the protected consumer may also remove the freeze pursuant to paragraph (2) at a time when the representative inquires with each of the three major credit reporting agencies pursuant to paragraph (1) of subdivision (a) of Section 10618.6 the Welfare and Institutions Code.(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the internet, or other electronic media to receive and process a request for a protected consumers security freeze to be placed or removed. |
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| 48 | 62 | | |
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| 49 | 63 | | 1785.11.11. (a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if both of the following occur:(A) The consumer credit reporting agency receives a request from the protected consumers representative for the placement of the security freeze pursuant to this section.(B) The protected consumers representative does all of the following:(i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.(iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.(iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).(2) (A) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (ii) and (iii) of subparagraph (B) of paragraph (1) to have been met if the request is from a county welfare department or a county probation department appearing on the most recent list provided or available to a consumer credit reporting agency by the State Department of Social Services and the requesting entity provides sufficient proof of identification under 15 U.S.C. Sec. 1681c-1(j)(1)(G). A county welfare department or county probation department shall not have the authority to request a security freeze for a protected consumer placed in foster care that continues beyond the protected consumers 18th birthday. A consumer credit reporting agency may use whatever lawful mechanism is available to it, including mechanisms for thawing or unfreezing reports by dates certain, to ensure the freeze does not extend beyond a protected consumers 18th birthday.(B) Notwithstanding any other law, the State Department of Social Services may, at the request of a consumer credit reporting agency, provide or, in the State Department of Social Services discretion, otherwise make available to consumer reporting agencies in any other manner, a list of county welfare departments or county probation departments whose employees may be representatives of protected consumers who have been placed in a foster care setting.(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.(c) If a protected consumers representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumers consumer credit report, any information derived from the protected consumers consumer credit report, or any record created for the protected consumer.(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:(1) The protected consumer or the protected consumers representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).(2) The security freeze is removed in accordance with subdivision (j).(g) To remove a security freeze, a protected consumer or a protected consumers representative shall do all of the following:(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(2) Provide to the consumer credit reporting agency:(A) If the request is made by the protected consumer:(i) Proof that the sufficient proof of authority for the protected consumers representative to act on behalf of the protected consumer is no longer valid, they have been emancipated, or they are 16 years of age or older.(ii) Sufficient proof of identification of the protected consumer.(B) If the request is made by the representative of a protected consumer:(i) Sufficient proof of identification of the protected consumer and the representative.(ii) Sufficient proof of authority to act on behalf of the protected consumer.(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:(A) The protected consumers representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency.(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.(j) (1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.(2) With respect to a security freeze placed for a protected consumer under paragraph (2) of subdivision (a), the freeze may be removed prior to the protected consumers 18th birthday at the request of the representative of the protected consumer, or by the protected consumer if the protected consumer is 16 years of age or older at the time they make the request, under any of the following circumstances:(A) Upon the protected consumers removal from foster care.(B) Upon the protected consumers request, if the protected consumer is 16 years of age or older.(C) Upon a determination by the representative of the protected consumer that removal of the security freeze is in the best interest of the protected consumer.(3) A representative of the protected consumer may also remove the freeze pursuant to paragraph (2) at a time when the representative inquires with each of the three major credit reporting agencies pursuant to paragraph (1) of subdivision (a) of Section 10618.6 the Welfare and Institutions Code.(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the internet, or other electronic media to receive and process a request for a protected consumers security freeze to be placed or removed. |
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| 50 | 64 | | |
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| 51 | 65 | | 1785.11.11. (a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if both of the following occur:(A) The consumer credit reporting agency receives a request from the protected consumers representative for the placement of the security freeze pursuant to this section.(B) The protected consumers representative does all of the following:(i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.(iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.(iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).(2) (A) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (ii) and (iii) of subparagraph (B) of paragraph (1) to have been met if the request is from a county welfare department or a county probation department appearing on the most recent list provided or available to a consumer credit reporting agency by the State Department of Social Services and the requesting entity provides sufficient proof of identification under 15 U.S.C. Sec. 1681c-1(j)(1)(G). A county welfare department or county probation department shall not have the authority to request a security freeze for a protected consumer placed in foster care that continues beyond the protected consumers 18th birthday. A consumer credit reporting agency may use whatever lawful mechanism is available to it, including mechanisms for thawing or unfreezing reports by dates certain, to ensure the freeze does not extend beyond a protected consumers 18th birthday.(B) Notwithstanding any other law, the State Department of Social Services may, at the request of a consumer credit reporting agency, provide or, in the State Department of Social Services discretion, otherwise make available to consumer reporting agencies in any other manner, a list of county welfare departments or county probation departments whose employees may be representatives of protected consumers who have been placed in a foster care setting.(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.(c) If a protected consumers representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumers consumer credit report, any information derived from the protected consumers consumer credit report, or any record created for the protected consumer.(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:(1) The protected consumer or the protected consumers representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).(2) The security freeze is removed in accordance with subdivision (j).(g) To remove a security freeze, a protected consumer or a protected consumers representative shall do all of the following:(1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(2) Provide to the consumer credit reporting agency:(A) If the request is made by the protected consumer:(i) Proof that the sufficient proof of authority for the protected consumers representative to act on behalf of the protected consumer is no longer valid, they have been emancipated, or they are 16 years of age or older.(ii) Sufficient proof of identification of the protected consumer.(B) If the request is made by the representative of a protected consumer:(i) Sufficient proof of identification of the protected consumer and the representative.(ii) Sufficient proof of authority to act on behalf of the protected consumer.(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.(i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:(A) The protected consumers representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency.(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.(j) (1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative.(2) With respect to a security freeze placed for a protected consumer under paragraph (2) of subdivision (a), the freeze may be removed prior to the protected consumers 18th birthday at the request of the representative of the protected consumer, or by the protected consumer if the protected consumer is 16 years of age or older at the time they make the request, under any of the following circumstances:(A) Upon the protected consumers removal from foster care.(B) Upon the protected consumers request, if the protected consumer is 16 years of age or older.(C) Upon a determination by the representative of the protected consumer that removal of the security freeze is in the best interest of the protected consumer.(3) A representative of the protected consumer may also remove the freeze pursuant to paragraph (2) at a time when the representative inquires with each of the three major credit reporting agencies pursuant to paragraph (1) of subdivision (a) of Section 10618.6 the Welfare and Institutions Code.(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the internet, or other electronic media to receive and process a request for a protected consumers security freeze to be placed or removed. |
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| 52 | 66 | | |
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| 53 | 67 | | |
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| 54 | 68 | | |
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| 55 | 69 | | 1785.11.11. (a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if both of the following occur: |
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| 56 | 70 | | |
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| 57 | 71 | | (A) The consumer credit reporting agency receives a request from the protected consumers representative for the placement of the security freeze pursuant to this section. |
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| 58 | 72 | | |
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| 59 | 73 | | (B) The protected consumers representative does all of the following: |
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| 60 | 74 | | |
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| 61 | 75 | | (i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency. |
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| 62 | 76 | | |
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| 63 | 77 | | (ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative. |
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| 64 | 78 | | |
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| 65 | 79 | | (iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer. |
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| 66 | 80 | | |
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| 67 | 81 | | (iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i). |
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| 68 | 82 | | |
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| 69 | 83 | | (2) (A) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (ii) and (iii) of subparagraph (B) of paragraph (1) to have been met if the request is from a county welfare department or a county probation department appearing on the most recent list provided or available to a consumer credit reporting agency by the State Department of Social Services and the requesting entity provides sufficient proof of identification under 15 U.S.C. Sec. 1681c-1(j)(1)(G). A county welfare department or county probation department shall not have the authority to request a security freeze for a protected consumer placed in foster care that continues beyond the protected consumers 18th birthday. A consumer credit reporting agency may use whatever lawful mechanism is available to it, including mechanisms for thawing or unfreezing reports by dates certain, to ensure the freeze does not extend beyond a protected consumers 18th birthday. |
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| 70 | 84 | | |
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| 71 | 85 | | (B) Notwithstanding any other law, the State Department of Social Services may, at the request of a consumer credit reporting agency, provide or, in the State Department of Social Services discretion, otherwise make available to consumer reporting agencies in any other manner, a list of county welfare departments or county probation departments whose employees may be representatives of protected consumers who have been placed in a foster care setting. |
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| 72 | 86 | | |
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| 73 | 87 | | (b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer. |
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| 74 | 88 | | |
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| 75 | 89 | | (c) If a protected consumers representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze. |
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| 76 | 90 | | |
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| 77 | 91 | | (d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze. |
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| 78 | 92 | | |
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| 79 | 93 | | (e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumers consumer credit report, any information derived from the protected consumers consumer credit report, or any record created for the protected consumer. |
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| 80 | 94 | | |
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| 81 | 95 | | (f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs: |
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| 82 | 96 | | |
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| 83 | 97 | | (1) The protected consumer or the protected consumers representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h). |
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| 84 | 98 | | |
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| 85 | 99 | | (2) The security freeze is removed in accordance with subdivision (j). |
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| 86 | 100 | | |
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| 87 | 101 | | (g) To remove a security freeze, a protected consumer or a protected consumers representative shall do all of the following: |
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| 88 | 102 | | |
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| 89 | 103 | | (1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency. |
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| 90 | 104 | | |
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| 91 | 105 | | (2) Provide to the consumer credit reporting agency: |
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| 92 | 106 | | |
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| 93 | 107 | | (A) If the request is made by the protected consumer: |
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| 94 | 108 | | |
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| 95 | 109 | | (i) Proof that the sufficient proof of authority for the protected consumers representative to act on behalf of the protected consumer is no longer valid, they have been emancipated, or they are 16 years of age or older. |
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| 96 | 110 | | |
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| 97 | 111 | | (ii) Sufficient proof of identification of the protected consumer. |
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| 98 | 112 | | |
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| 99 | 113 | | (B) If the request is made by the representative of a protected consumer: |
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| 100 | 114 | | |
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| 101 | 115 | | (i) Sufficient proof of identification of the protected consumer and the representative. |
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| 102 | 116 | | |
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| 103 | 117 | | (ii) Sufficient proof of authority to act on behalf of the protected consumer. |
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| 104 | 118 | | |
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| 105 | 119 | | (3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i). |
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| 106 | 120 | | |
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| 107 | 121 | | (h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer. |
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| 108 | 122 | | |
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| 109 | 123 | | (i) (1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section. |
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| 110 | 124 | | |
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| 111 | 125 | | (2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer. |
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| 112 | 126 | | |
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| 113 | 127 | | (3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances: |
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| 114 | 128 | | |
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| 115 | 129 | | (A) The protected consumers representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency. |
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| 116 | 130 | | |
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| 117 | 131 | | (B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer. |
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| 118 | 132 | | |
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| 119 | 133 | | (C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting. |
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| 120 | 134 | | |
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| 121 | 135 | | (j) (1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumers representative. |
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| 122 | 136 | | |
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| 123 | 137 | | (2) With respect to a security freeze placed for a protected consumer under paragraph (2) of subdivision (a), the freeze may be removed prior to the protected consumers 18th birthday at the request of the representative of the protected consumer, or by the protected consumer if the protected consumer is 16 years of age or older at the time they make the request, under any of the following circumstances: |
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| 124 | 138 | | |
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| 125 | 139 | | (A) Upon the protected consumers removal from foster care. |
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| 126 | 140 | | |
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| 127 | 141 | | (B) Upon the protected consumers request, if the protected consumer is 16 years of age or older. |
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| 128 | 142 | | |
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| 129 | 143 | | (C) Upon a determination by the representative of the protected consumer that removal of the security freeze is in the best interest of the protected consumer. |
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| 130 | 144 | | |
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| 131 | 145 | | (3) A representative of the protected consumer may also remove the freeze pursuant to paragraph (2) at a time when the representative inquires with each of the three major credit reporting agencies pursuant to paragraph (1) of subdivision (a) of Section 10618.6 the Welfare and Institutions Code. |
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| 132 | 146 | | |
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| 133 | 147 | | (k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the internet, or other electronic media to receive and process a request for a protected consumers security freeze to be placed or removed. |
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| 134 | 148 | | |
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| 135 | 149 | | SEC. 2. Section 1785.12 of the Civil Code is amended to read:1785.12. (a) Notwithstanding the provisions of Section 1785.11, a consumer credit reporting agency may furnish to a governmental agency a consumers name, address, former address, places of employment, or former places of employment.(b) If a request received pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code indicates that the protected consumer who has been placed in a foster care setting has a consumer credit history, any information that appears on the protected consumers credit report shall be promptly blocked and not reported, in the same manner set forth in subdivision (k) of Section 1785.16 as if the agency had received a police report pursuant to Section 530.5 of the Penal Code. The credit reporting agency shall also comply with subdivisions (k) and (l) of Section 1785.16, regarding the protected consumer who has been placed in a foster care setting. |
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| 136 | 150 | | |
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| 137 | 151 | | SEC. 2. Section 1785.12 of the Civil Code is amended to read: |
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| 138 | 152 | | |
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| 139 | 153 | | ### SEC. 2. |
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| 140 | 154 | | |
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| 141 | 155 | | 1785.12. (a) Notwithstanding the provisions of Section 1785.11, a consumer credit reporting agency may furnish to a governmental agency a consumers name, address, former address, places of employment, or former places of employment.(b) If a request received pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code indicates that the protected consumer who has been placed in a foster care setting has a consumer credit history, any information that appears on the protected consumers credit report shall be promptly blocked and not reported, in the same manner set forth in subdivision (k) of Section 1785.16 as if the agency had received a police report pursuant to Section 530.5 of the Penal Code. The credit reporting agency shall also comply with subdivisions (k) and (l) of Section 1785.16, regarding the protected consumer who has been placed in a foster care setting. |
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| 142 | 156 | | |
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| 143 | 157 | | 1785.12. (a) Notwithstanding the provisions of Section 1785.11, a consumer credit reporting agency may furnish to a governmental agency a consumers name, address, former address, places of employment, or former places of employment.(b) If a request received pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code indicates that the protected consumer who has been placed in a foster care setting has a consumer credit history, any information that appears on the protected consumers credit report shall be promptly blocked and not reported, in the same manner set forth in subdivision (k) of Section 1785.16 as if the agency had received a police report pursuant to Section 530.5 of the Penal Code. The credit reporting agency shall also comply with subdivisions (k) and (l) of Section 1785.16, regarding the protected consumer who has been placed in a foster care setting. |
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| 144 | 158 | | |
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| 145 | 159 | | 1785.12. (a) Notwithstanding the provisions of Section 1785.11, a consumer credit reporting agency may furnish to a governmental agency a consumers name, address, former address, places of employment, or former places of employment.(b) If a request received pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code indicates that the protected consumer who has been placed in a foster care setting has a consumer credit history, any information that appears on the protected consumers credit report shall be promptly blocked and not reported, in the same manner set forth in subdivision (k) of Section 1785.16 as if the agency had received a police report pursuant to Section 530.5 of the Penal Code. The credit reporting agency shall also comply with subdivisions (k) and (l) of Section 1785.16, regarding the protected consumer who has been placed in a foster care setting. |
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| 146 | 160 | | |
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| 147 | 161 | | |
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| 148 | 162 | | |
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| 149 | 163 | | 1785.12. (a) Notwithstanding the provisions of Section 1785.11, a consumer credit reporting agency may furnish to a governmental agency a consumers name, address, former address, places of employment, or former places of employment. |
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| 150 | 164 | | |
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| 151 | 165 | | (b) If a request received pursuant to subdivision (a) of Section 10618.6 of the Welfare and Institutions Code indicates that the protected consumer who has been placed in a foster care setting has a consumer credit history, any information that appears on the protected consumers credit report shall be promptly blocked and not reported, in the same manner set forth in subdivision (k) of Section 1785.16 as if the agency had received a police report pursuant to Section 530.5 of the Penal Code. The credit reporting agency shall also comply with subdivisions (k) and (l) of Section 1785.16, regarding the protected consumer who has been placed in a foster care setting. |
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| 152 | 166 | | |
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| 153 | 167 | | SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. |
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| 154 | 168 | | |
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| 155 | 169 | | SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. |
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| 156 | 170 | | |
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| 157 | 171 | | SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. |
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| 158 | 172 | | |
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| 159 | 173 | | ### SEC. 3. |
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