1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1570 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 24-5-24.6. |
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7 | 7 | | Synopsis: Social Security number search requests. Defines "Social |
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8 | 8 | | Security number search request" (search request) as a request made by |
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9 | 9 | | a consumer to a consumer reporting agency to conduct a search of all |
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10 | 10 | | files maintained by the consumer reporting agency to determine if the |
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11 | 11 | | consumer's Social Security number is associated with one or more |
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12 | 12 | | consumer credit files not associated with the consumer. Provides that |
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13 | 13 | | after December 31, 2025, upon receiving a search request from a |
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14 | 14 | | consumer, a consumer reporting agency shall fulfill the consumer's |
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15 | 15 | | search request if the consumer reporting agency: (1) maintains a file on |
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16 | 16 | | the consumer; and (2) receives: (A) proper identification from the |
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17 | 17 | | consumer; and (B) the consumer's written and signed consent for the |
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18 | 18 | | consumer reporting agency to verify with the Social Security |
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19 | 19 | | Administration that the consumer's Social Security number belongs to |
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20 | 20 | | the consumer. Provides that in fulfilling a search request, a consumer |
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21 | 21 | | reporting agency shall: (1) verify with the Social Security |
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22 | 22 | | Administration that the Social Security number supplied by the |
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23 | 23 | | consumer belongs to the consumer; (2) conduct a search of all files |
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24 | 24 | | maintained by the consumer reporting agency to determine if the |
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25 | 25 | | consumer's Social Security number is associated with one or more files |
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26 | 26 | | not associated with the consumer; and (3) if the search indicates that |
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27 | 27 | | the consumer's Social Security number is associated with any files not |
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28 | 28 | | associated with the consumer, provide information as to: (A) the |
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29 | 29 | | number of such files; and (B) each person that procured a consumer |
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30 | 30 | | report in connection with those files during the one year period |
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31 | 31 | | immediately preceding the date of the consumer's search request. |
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32 | 32 | | Prohibits a consumer reporting agency from: (1) charging a consumer |
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33 | 33 | | (Continued next page) |
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34 | 34 | | Effective: July 1, 2025. |
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35 | 35 | | Lauer |
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36 | 36 | | January 21, 2025, read first time and referred to Committee on Financial Institutions. |
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37 | 37 | | 2025 IN 1570—LS 7747/DI 101 Digest Continued |
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38 | 38 | | an additional fee in connection with a search request; (2) increasing |
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39 | 39 | | any fee lawfully imposed in connection with the consumer's request for |
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40 | 40 | | information in the consumer's file because that request includes a |
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41 | 41 | | search request; or (3) charging a consumer a fee in connection with the |
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42 | 42 | | consumer's request for information in the consumer's file because that |
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43 | 43 | | request includes a search request, if the consumer is entitled under the |
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44 | 44 | | federal Fair Credit Reporting Act to receive the information in the |
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45 | 45 | | consumer's file without charge. |
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46 | 46 | | 2025 IN 1570—LS 7747/DI 1012025 IN 1570—LS 7747/DI 101 Introduced |
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47 | 47 | | First Regular Session of the 124th General Assembly (2025) |
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48 | 48 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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49 | 49 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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50 | 50 | | additions will appear in this style type, and deletions will appear in this style type. |
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51 | 51 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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52 | 52 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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53 | 53 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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54 | 54 | | a new provision to the Indiana Code or the Indiana Constitution. |
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55 | 55 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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56 | 56 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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57 | 57 | | HOUSE BILL No. 1570 |
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58 | 58 | | A BILL FOR AN ACT to amend the Indiana Code concerning trade |
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59 | 59 | | regulation. |
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60 | 60 | | Be it enacted by the General Assembly of the State of Indiana: |
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61 | 61 | | 1 SECTION 1. IC 24-5-24.6 IS ADDED TO THE INDIANA CODE |
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62 | 62 | | 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
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63 | 63 | | 3 JULY 1, 2025]: |
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64 | 64 | | 4 Chapter 24.6. Social Security Number Search Requests |
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65 | 65 | | 5 Sec. 1. This chapter applies to a consumer reporting agency that |
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66 | 66 | | 6 compiles and maintains files on consumers on a nationwide basis. |
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67 | 67 | | 7 Sec. 2. (a) As used in this chapter, "consumer" means an |
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68 | 68 | | 8 individual whose principal residence is in Indiana. |
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69 | 69 | | 9 (b) The term includes the following: |
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70 | 70 | | 10 (1) A protected consumer (as defined in IC 24-5-24.5-4). |
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71 | 71 | | 11 (2) A representative acting on behalf of a protected consumer |
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72 | 72 | | 12 (as defined in IC 24-5-24.5-4). |
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73 | 73 | | 13 Sec. 3. As used in this chapter, "consumer report" means any |
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74 | 74 | | 14 written, oral, or other communication of any information that: |
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75 | 75 | | 15 (1) is made by a consumer reporting agency; |
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76 | 76 | | 2025 IN 1570—LS 7747/DI 101 2 |
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77 | 77 | | 1 (2) bears on a consumer's creditworthiness, credit standing, |
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78 | 78 | | 2 credit capacity, character, general reputation, personal |
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79 | 79 | | 3 characteristics, or mode of living; and |
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80 | 80 | | 4 (3) is used or expected to be used or collected in whole or in |
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81 | 81 | | 5 part for the purpose of serving as a factor in establishing a |
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82 | 82 | | 6 consumer's eligibility for credit to be used primarily for |
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83 | 83 | | 7 personal, family, or household purposes. |
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84 | 84 | | 8 Sec. 4. As used in this chapter, "consumer reporting agency" |
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85 | 85 | | 9 means any person that, for monetary fees or dues, or on a |
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86 | 86 | | 10 cooperative nonprofit basis, regularly engages in whole or in part |
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87 | 87 | | 11 in the practice of assembling or evaluating information concerning |
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88 | 88 | | 12 a consumer's credit or other information for the purpose of |
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89 | 89 | | 13 furnishing a consumer report to another person. |
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90 | 90 | | 14 Sec. 5. As used in this chapter, "consumer reporting agency that |
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91 | 91 | | 15 compiles and maintains files on consumers on a nationwide basis" |
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92 | 92 | | 16 has the meaning set forth in 15 U.S.C. 1681a(p). |
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93 | 93 | | 17 Sec. 6. As used in this chapter, "file", when used in connection |
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94 | 94 | | 18 with information on a consumer, means all the information on that |
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95 | 95 | | 19 consumer that is recorded and retained by a consumer reporting |
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96 | 96 | | 20 agency, regardless of how the information is stored. |
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97 | 97 | | 21 Sec. 7. As used in this chapter, "proper identification", with |
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98 | 98 | | 22 respect to a Social Security number search request, means all of |
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99 | 99 | | 23 the following for the consumer to whom the request pertains: |
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100 | 100 | | 24 (1) The consumer's Social Security number. |
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101 | 101 | | 25 (2) The consumer's first and last name. |
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102 | 102 | | 26 (3) The consumer's date of birth. |
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103 | 103 | | 27 Sec. 8. As used in this chapter, "Social Security number search |
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104 | 104 | | 28 request" refers to a request that: |
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105 | 105 | | 29 (1) is made by a consumer to a consumer reporting agency in |
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106 | 106 | | 30 conjunction with a request made under 15 U.S.C. 1681g for |
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107 | 107 | | 31 information in the consumer's file; and |
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108 | 108 | | 32 (2) requests that the consumer reporting agency conduct a |
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109 | 109 | | 33 search of all files maintained by the consumer reporting |
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110 | 110 | | 34 agency to determine if the consumer's Social Security |
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111 | 111 | | 35 number: |
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112 | 112 | | 36 (A) as supplied by the consumer in connection with the |
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113 | 113 | | 37 request; and |
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114 | 114 | | 38 (B) as verified by the consumer reporting agency as |
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115 | 115 | | 39 belonging to the consumer; |
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116 | 116 | | 40 is associated with one (1) or more files not associated with the |
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117 | 117 | | 41 consumer. |
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118 | 118 | | 42 Sec. 9. (a) After December 31, 2025, upon receiving a Social |
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119 | 119 | | 2025 IN 1570—LS 7747/DI 101 3 |
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120 | 120 | | 1 Security number search request from a consumer, a consumer |
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121 | 121 | | 2 reporting agency shall fulfill the consumer's Social Security |
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122 | 122 | | 3 number search request if the consumer reporting agency: |
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123 | 123 | | 4 (1) maintains a file on the consumer; and |
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124 | 124 | | 5 (2) receives: |
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125 | 125 | | 6 (A) proper identification from the consumer; and |
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126 | 126 | | 7 (B) the consumer's written and signed consent for the |
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127 | 127 | | 8 consumer reporting agency to verify with the federal |
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128 | 128 | | 9 Social Security Administration that the consumer's Social |
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129 | 129 | | 10 Security number belongs to the consumer. A consent that |
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130 | 130 | | 11 is in an electronic form and that includes the consumer's |
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131 | 131 | | 12 electronic signature constitutes written and signed consent |
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132 | 132 | | 13 for purposes of this clause. |
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133 | 133 | | 14 (b) In fulfilling a Social Security number search request that |
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134 | 134 | | 15 satisfies the conditions set forth in subsection (a), a consumer |
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135 | 135 | | 16 reporting agency shall do the following: |
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136 | 136 | | 17 (1) Verify with the federal Social Security Administration that |
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137 | 137 | | 18 the Social Security number supplied by the consumer in |
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138 | 138 | | 19 connection with the request belongs to the consumer. |
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139 | 139 | | 20 (2) Conduct a search of all files maintained by the consumer |
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140 | 140 | | 21 reporting agency to determine if the consumer's Social |
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141 | 141 | | 22 Security number is associated with one (1) or more files not |
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142 | 142 | | 23 associated with the consumer. |
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143 | 143 | | 24 (3) Include the following as part of the information provided |
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144 | 144 | | 25 to the consumer in connection with the consumer's request |
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145 | 145 | | 26 under 15 U.S.C. 1681g: |
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146 | 146 | | 27 (A) A statement as to whether the results of the consumer |
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147 | 147 | | 28 reporting agency's search under subdivision (2) indicate |
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148 | 148 | | 29 that the consumer's Social Security number is associated |
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149 | 149 | | 30 with one (1) or more files not associated with the |
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150 | 150 | | 31 consumer. |
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151 | 151 | | 32 (B) If the consumer reporting agency's search indicates |
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152 | 152 | | 33 that the consumer's Social Security number is associated |
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153 | 153 | | 34 with one (1) or more files not associated with the |
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154 | 154 | | 35 consumer, the following information: |
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155 | 155 | | 36 (i) The number of files (not including the consumer's file) |
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156 | 156 | | 37 associated with the consumer's Social Security number. |
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157 | 157 | | 38 (ii) An identification of each person that procured a |
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158 | 158 | | 39 consumer report in connection with each file (not |
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159 | 159 | | 40 including the consumer's file) associated with the |
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160 | 160 | | 41 consumer's Social Security number during the one (1) |
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161 | 161 | | 42 year period immediately preceding the date of |
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162 | 162 | | 2025 IN 1570—LS 7747/DI 101 4 |
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163 | 163 | | 1 submission of the consumer's Social Security number |
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164 | 164 | | 2 search request. For each person identified, the consumer |
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165 | 165 | | 3 reporting agency must include the person's name, full |
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166 | 166 | | 4 trade name under which the person does business (if |
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167 | 167 | | 5 applicable), address, and telephone number. |
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168 | 168 | | 6 Sec. 10. A consumer reporting agency may not: |
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169 | 169 | | 7 (1) charge a consumer an additional fee in connection with a |
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170 | 170 | | 8 Social Security number search request made by the |
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171 | 171 | | 9 consumer; |
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172 | 172 | | 10 (2) increase any fee lawfully imposed in connection with the |
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173 | 173 | | 11 consumer's request under 15 U.S.C. 1681g because the |
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174 | 174 | | 12 consumer's request under 15 U.S.C. 1681g includes a Social |
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175 | 175 | | 13 Security number search request; or |
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176 | 176 | | 14 (3) charge a consumer a fee in connection with the consumer's |
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177 | 177 | | 15 request under 15 U.S.C. 1681g because the consumer's |
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178 | 178 | | 16 request under 15 U.S.C. 1681g includes a Social Security |
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179 | 179 | | 17 number search request, if the consumer is entitled under 15 |
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180 | 180 | | 18 U.S.C. 1681j to receive the disclosures under 15 U.S.C. 1681g |
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181 | 181 | | 19 without charge. |
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182 | 182 | | 20 Sec. 11. The federal Fair Credit Reporting Act (15 U.S.C. 1681 |
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183 | 183 | | 21 et seq.) does not annul, alter, affect, or exempt a consumer |
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184 | 184 | | 22 reporting agency subject to this chapter from complying with this |
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185 | 185 | | 23 chapter, except to the extent that this section is inconsistent with |
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186 | 186 | | 24 any provision of the federal Fair Credit Reporting Act (15 U.S.C. |
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187 | 187 | | 25 1681 et seq.), and then only to the extent of the inconsistency, as |
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188 | 188 | | 26 provided in 15 U.S.C. 1681t(a). |
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189 | 189 | | 2025 IN 1570—LS 7747/DI 101 |
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