Indiana 2025 2025 Regular Session

Indiana House Bill HB1570 Introduced / Bill

Filed 01/15/2025

                     
Introduced Version
HOUSE BILL No. 1570
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 24-5-24.6.
Synopsis:  Social Security number search requests. Defines "Social
Security number search request" (search request) as a request made by
a consumer to a consumer reporting agency to conduct a search of all
files maintained by the consumer reporting agency to determine if the
consumer's Social Security number is associated with one or more
consumer credit files not associated with the consumer. Provides that
after December 31, 2025, upon receiving a search request from a
consumer, a consumer reporting agency shall fulfill the consumer's
search request if the consumer reporting agency: (1) maintains a file on
the consumer; and (2) receives: (A) proper identification from the
consumer; and (B) the consumer's written and signed consent for the
consumer reporting agency to verify with the Social Security
Administration that the consumer's Social Security number belongs to
the consumer. Provides that in fulfilling a search request, a consumer
reporting agency shall: (1) verify with the Social Security
Administration that the Social Security number supplied by the
consumer belongs to the consumer; (2) conduct a search of all files
maintained by the consumer reporting agency to determine if the
consumer's Social Security number is associated with one or more files
not associated with the consumer; and (3) if the search indicates that
the consumer's Social Security number is associated with any files not
associated with the consumer, provide information as to: (A) the
number of such files; and (B) each person that procured a consumer
report in connection with those files during the one year period
immediately preceding the date of the consumer's search request.
Prohibits a consumer reporting agency from: (1) charging a consumer
(Continued next page)
Effective:  July 1, 2025.
Lauer
January 21, 2025, read first time and referred to Committee on Financial Institutions.
2025	IN 1570—LS 7747/DI 101 Digest Continued
an additional fee in connection with a search request; (2) increasing
any fee lawfully imposed in connection with the consumer's request for
information in the consumer's file because that request includes a
search request; or (3) charging a consumer a fee in connection with the
consumer's request for information in the consumer's file because that
request includes a search request, if the consumer is entitled under the
federal Fair Credit Reporting Act to receive the information in the
consumer's file without charge. 
2025	IN 1570—LS 7747/DI 1012025	IN 1570—LS 7747/DI 101 Introduced
First Regular Session of the 124th General Assembly (2025)
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HOUSE BILL No. 1570
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, 2025]:
4 Chapter 24.6. Social Security Number Search Requests
5 Sec. 1. This chapter applies to a consumer reporting agency that
6 compiles and maintains files on consumers on a nationwide basis.
7 Sec. 2. (a) As used in this chapter, "consumer" means an
8 individual whose principal residence is in Indiana.
9 (b) The term includes the following:
10 (1) A protected consumer (as defined in IC 24-5-24.5-4).
11 (2) A representative acting on behalf of a protected consumer
12 (as defined in IC 24-5-24.5-4).
13 Sec. 3. As used in this chapter, "consumer report" means any
14 written, oral, or other communication of any information that:
15 (1) is made by a consumer reporting agency;
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1 (2) bears on a consumer's creditworthiness, credit standing,
2 credit capacity, character, general reputation, personal
3 characteristics, or mode of living; and
4 (3) is used or expected to be used or collected in whole or in
5 part for the purpose of serving as a factor in establishing a
6 consumer's eligibility for credit to be used primarily for
7 personal, family, or household purposes.
8 Sec. 4. As used in this chapter, "consumer reporting agency"
9 means any person that, for monetary fees or dues, or on a
10 cooperative nonprofit basis, regularly engages in whole or in part
11 in the practice of assembling or evaluating information concerning
12 a consumer's credit or other information for the purpose of
13 furnishing a consumer report to another person.
14 Sec. 5. As used in this chapter, "consumer reporting agency that
15 compiles and maintains files on consumers on a nationwide basis"
16 has the meaning set forth in 15 U.S.C. 1681a(p).
17 Sec. 6. As used in this chapter, "file", when used in connection
18 with information on a consumer, means all the information on that
19 consumer that is recorded and retained by a consumer reporting
20 agency, regardless of how the information is stored.
21 Sec. 7. As used in this chapter, "proper identification", with
22 respect to a Social Security number search request, means all of
23 the following for the consumer to whom the request pertains:
24 (1) The consumer's Social Security number.
25 (2) The consumer's first and last name.
26 (3) The consumer's date of birth.
27 Sec. 8. As used in this chapter, "Social Security number search
28 request" refers to a request that:
29 (1) is made by a consumer to a consumer reporting agency in
30 conjunction with a request made under 15 U.S.C. 1681g for
31 information in the consumer's file; and
32 (2) requests that the consumer reporting agency conduct a
33 search of all files maintained by the consumer reporting
34 agency to determine if the consumer's Social Security
35 number:
36 (A) as supplied by the consumer in connection with the
37 request; and
38 (B) as verified by the consumer reporting agency as
39 belonging to the consumer;
40 is associated with one (1) or more files not associated with the
41 consumer.
42 Sec. 9. (a) After December 31, 2025, upon receiving a Social
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1 Security number search request from a consumer, a consumer
2 reporting agency shall fulfill the consumer's Social Security
3 number search request if the consumer reporting agency:
4 (1) maintains a file on the consumer; and
5 (2) receives:
6 (A) proper identification from the consumer; and
7 (B) the consumer's written and signed consent for the
8 consumer reporting agency to verify with the federal
9 Social Security Administration that the consumer's Social
10 Security number belongs to the consumer. A consent that
11 is in an electronic form and that includes the consumer's
12 electronic signature constitutes written and signed consent
13 for purposes of this clause.
14 (b) In fulfilling a Social Security number search request that
15 satisfies the conditions set forth in subsection (a), a consumer
16 reporting agency shall do the following:
17 (1) Verify with the federal Social Security Administration that
18 the Social Security number supplied by the consumer in
19 connection with the request belongs to the consumer.
20 (2) Conduct a search of all files maintained by the consumer
21 reporting agency to determine if the consumer's Social
22 Security number is associated with one (1) or more files not
23 associated with the consumer.
24 (3) Include the following as part of the information provided
25 to the consumer in connection with the consumer's request
26 under 15 U.S.C. 1681g:
27 (A) A statement as to whether the results of the consumer
28 reporting agency's search under subdivision (2) indicate
29 that the consumer's Social Security number is associated
30 with one (1) or more files not associated with the
31 consumer.
32 (B) If the consumer reporting agency's search indicates
33 that the consumer's Social Security number is associated
34 with one (1) or more files not associated with the
35 consumer, the following information:
36 (i) The number of files (not including the consumer's file)
37 associated with the consumer's Social Security number.
38 (ii) An identification of each person that procured a
39 consumer report in connection with each file (not
40 including the consumer's file) associated with the
41 consumer's Social Security number during the one (1)
42 year period immediately preceding the date of
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1 submission of the consumer's Social Security number
2 search request. For each person identified, the consumer
3 reporting agency must include the person's name, full
4 trade name under which the person does business (if
5 applicable), address, and telephone number. 
6 Sec. 10. A consumer reporting agency may not:
7 (1) charge a consumer an additional fee in connection with a
8 Social Security number search request made by the
9 consumer;
10 (2) increase any fee lawfully imposed in connection with the
11 consumer's request under 15 U.S.C. 1681g because the
12 consumer's request under 15 U.S.C. 1681g includes a Social
13 Security number search request; or
14 (3) charge a consumer a fee in connection with the consumer's
15 request under 15 U.S.C. 1681g because the consumer's
16 request under 15 U.S.C. 1681g includes a Social Security
17 number search request, if the consumer is entitled under 15
18 U.S.C. 1681j to receive the disclosures under 15 U.S.C. 1681g
19 without charge. 
20 Sec. 11. The federal Fair Credit Reporting Act (15 U.S.C. 1681
21 et seq.) does not annul, alter, affect, or exempt a consumer
22 reporting agency subject to this chapter from complying with this
23 chapter, except to the extent that this section is inconsistent with
24 any provision of the federal Fair Credit Reporting Act (15 U.S.C.
25 1681 et seq.), and then only to the extent of the inconsistency, as
26 provided in 15 U.S.C. 1681t(a).
2025	IN 1570—LS 7747/DI 101