Introduced Version
HOUSE BILL No. 1093
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 24-5-24.6.
Synopsis: Consumer information protection. Provides that certain
consumers may submit proper identification to a credit reporting
agency, request certain information, and submit a dispute with the
credit reporting agency. Specifies that if a consumer provides proper
identification, the credit reporting agency shall: (1) verify the
consumer's identity with the federal Social Security Administration; (2)
conduct a search of all files maintained by the consumer reporting
agency; (3) provide the consumer with certain information from the
Social Security number search; (4) investigate a dispute submitted by
the consumer; and (5) take all lawful actions to remove the consumer's
verified Social Security number from files not associated with the
consumer. Allows the attorney general to collaborate with consumer
reporting agencies to create an online portal for consumers to use for
submitting a Social Security number search request. Provides that a
consumer reporting agency may not charge a consumer for making a
request or submitting a dispute.
Effective: July 1, 2023.
Lauer
January 9, 2023, read first time and referred to Committee on Financial Institutions.
2023 IN 1093—LS 7197/DI 148 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1093
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 24-5-24.6 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]:
4 Chapter 24.6. Use of a Consumer's Social Security Number In
5 Credit Files
6 Sec. 1. This chapter applies to a consumer reporting agency that
7 regularly engages in the practice of assembling or evaluating, and
8 maintaining, each of the following regarding consumers residing
9 nationwide, for the purpose of furnishing to third parties,
10 consumer reports bearing on a consumer's creditworthiness, credit
11 standing, or credit capacity:
12 (1) Public record information.
13 (2) Credit account information from persons who furnish that
14 information regularly and in the ordinary course of business.
15 Sec. 2. (a) As used in this chapter, "consumer" means an
16 individual whose principal residence is in Indiana.
17 (b) The term includes the following:
2023 IN 1093—LS 7197/DI 148 2
1 (1) A protected consumer.
2 (2) A representative acting on behalf of a protected consumer.
3 Sec. 3. As used in this chapter, "consumer report" has the
4 meaning set forth in IC 24-5-24-2.
5 Sec. 4. As used in this chapter, "consumer reporting agency"
6 has the meaning set forth in IC 24-5-24-3.
7 Sec. 5. As used in this chapter, "file", when used in connection
8 with information on a consumer, means all the information on the
9 consumer that is recorded and retained by a consumer reporting
10 agency, regardless of how the information is stored.
11 Sec. 6. As used in this chapter, "proper identification", with
12 respect to a Social Security number search request, means the
13 consumer's:
14 (1) name;
15 (2) social security number; and
16 (3) date of birth.
17 Sec. 7. As used in this chapter, "protected consumer" has the
18 meaning set forth in IC 24-5-24.5-4.
19 Sec. 8. As used in this chapter, "representative" has the
20 meaning set forth in IC 24-5-24.5-6.
21 Sec. 9. As used in this chapter, "Social Security number search
22 request" refers to a request made by a consumer to a consumer
23 reporting agency for the consumer reporting agency to conduct a
24 search of all files maintained by the consumer reporting agency to
25 determine if a consumer's Social Security number is associated
26 with one (1) or more files not associated with the consumer.
27 Sec. 10. (a) If a consumer believes the consumer's Social
28 Security number has been used, whether by mistake or fraud, in a
29 file not associated with the consumer, the consumer may:
30 (1) submit proper identification to a consumer reporting
31 agency;
32 (2) make a Social Security number search request; and
33 (3) dispute the use of the consumer's Social Security number
34 in files not associated with the consumer.
35 (b) If the consumer provides proper identification to the
36 consumer reporting agency, the consumer reporting agency shall
37 do the following:
38 (1) Verify the consumer's identification with the Social
39 Security number verification service provided by the federal
40 Social Security Administration.
41 (2) Conduct a search of all files maintained by the consumer
42 reporting agency to determine if the consumer's Social
2023 IN 1093—LS 7197/DI 148 3
1 Security number is used in one (1) or more files not associated
2 with the consumer.
3 (3) Provide the consumer with information regarding other
4 current files with the consumer's Social Security number.
5 (4) Investigate a dispute submitted by the consumer regarding
6 the use of the consumer's Social Security number in a file not
7 associated with the consumer.
8 (5) Take all lawful actions to remove a consumer's Social
9 Security number from all other files not associated with the
10 consumer.
11 (c) The attorney general may collaborate with the consumer
12 reporting agencies to develop an online portal enabling a consumer
13 to submit a single Social Security number search request for
14 simultaneous transmission to each consumer reporting agency.
15 Sec. 11. A consumer reporting agency may not charge a
16 consumer for making a Social Security number search request or
17 submitting a dispute under this chapter.
2023 IN 1093—LS 7197/DI 148