Indiana 2025 Regular Session

Indiana House Bill HB1570 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1570
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 24-5-24.6.
77 Synopsis: Social Security number search requests. Defines "Social
88 Security number search request" (search request) as a request made by
99 a consumer to a consumer reporting agency to conduct a search of all
1010 files maintained by the consumer reporting agency to determine if the
1111 consumer's Social Security number is associated with one or more
1212 consumer credit files not associated with the consumer. Provides that
1313 after December 31, 2025, upon receiving a search request from a
1414 consumer, a consumer reporting agency shall fulfill the consumer's
1515 search request if the consumer reporting agency: (1) maintains a file on
1616 the consumer; and (2) receives: (A) proper identification from the
1717 consumer; and (B) the consumer's written and signed consent for the
1818 consumer reporting agency to verify with the Social Security
1919 Administration that the consumer's Social Security number belongs to
2020 the consumer. Provides that in fulfilling a search request, a consumer
2121 reporting agency shall: (1) verify with the Social Security
2222 Administration that the Social Security number supplied by the
2323 consumer belongs to the consumer; (2) conduct a search of all files
2424 maintained by the consumer reporting agency to determine if the
2525 consumer's Social Security number is associated with one or more files
2626 not associated with the consumer; and (3) if the search indicates that
2727 the consumer's Social Security number is associated with any files not
2828 associated with the consumer, provide information as to: (A) the
2929 number of such files; and (B) each person that procured a consumer
3030 report in connection with those files during the one year period
3131 immediately preceding the date of the consumer's search request.
3232 Prohibits a consumer reporting agency from: (1) charging a consumer
3333 (Continued next page)
3434 Effective: July 1, 2025.
3535 Lauer
3636 January 21, 2025, read first time and referred to Committee on Financial Institutions.
3737 2025 IN 1570—LS 7747/DI 101 Digest Continued
3838 an additional fee in connection with a search request; (2) increasing
3939 any fee lawfully imposed in connection with the consumer's request for
4040 information in the consumer's file because that request includes a
4141 search request; or (3) charging a consumer a fee in connection with the
4242 consumer's request for information in the consumer's file because that
4343 request includes a search request, if the consumer is entitled under the
4444 federal Fair Credit Reporting Act to receive the information in the
4545 consumer's file without charge.
4646 2025 IN 1570—LS 7747/DI 1012025 IN 1570—LS 7747/DI 101 Introduced
4747 First Regular Session of the 124th General Assembly (2025)
4848 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
4949 Constitution) is being amended, the text of the existing provision will appear in this style type,
5050 additions will appear in this style type, and deletions will appear in this style type.
5151 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
5252 provision adopted), the text of the new provision will appear in this style type. Also, the
5353 word NEW will appear in that style type in the introductory clause of each SECTION that adds
5454 a new provision to the Indiana Code or the Indiana Constitution.
5555 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
5656 between statutes enacted by the 2024 Regular Session of the General Assembly.
5757 HOUSE BILL No. 1570
5858 A BILL FOR AN ACT to amend the Indiana Code concerning trade
5959 regulation.
6060 Be it enacted by the General Assembly of the State of Indiana:
6161 1 SECTION 1. IC 24-5-24.6 IS ADDED TO THE INDIANA CODE
6262 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
6363 3 JULY 1, 2025]:
6464 4 Chapter 24.6. Social Security Number Search Requests
6565 5 Sec. 1. This chapter applies to a consumer reporting agency that
6666 6 compiles and maintains files on consumers on a nationwide basis.
6767 7 Sec. 2. (a) As used in this chapter, "consumer" means an
6868 8 individual whose principal residence is in Indiana.
6969 9 (b) The term includes the following:
7070 10 (1) A protected consumer (as defined in IC 24-5-24.5-4).
7171 11 (2) A representative acting on behalf of a protected consumer
7272 12 (as defined in IC 24-5-24.5-4).
7373 13 Sec. 3. As used in this chapter, "consumer report" means any
7474 14 written, oral, or other communication of any information that:
7575 15 (1) is made by a consumer reporting agency;
7676 2025 IN 1570—LS 7747/DI 101 2
7777 1 (2) bears on a consumer's creditworthiness, credit standing,
7878 2 credit capacity, character, general reputation, personal
7979 3 characteristics, or mode of living; and
8080 4 (3) is used or expected to be used or collected in whole or in
8181 5 part for the purpose of serving as a factor in establishing a
8282 6 consumer's eligibility for credit to be used primarily for
8383 7 personal, family, or household purposes.
8484 8 Sec. 4. As used in this chapter, "consumer reporting agency"
8585 9 means any person that, for monetary fees or dues, or on a
8686 10 cooperative nonprofit basis, regularly engages in whole or in part
8787 11 in the practice of assembling or evaluating information concerning
8888 12 a consumer's credit or other information for the purpose of
8989 13 furnishing a consumer report to another person.
9090 14 Sec. 5. As used in this chapter, "consumer reporting agency that
9191 15 compiles and maintains files on consumers on a nationwide basis"
9292 16 has the meaning set forth in 15 U.S.C. 1681a(p).
9393 17 Sec. 6. As used in this chapter, "file", when used in connection
9494 18 with information on a consumer, means all the information on that
9595 19 consumer that is recorded and retained by a consumer reporting
9696 20 agency, regardless of how the information is stored.
9797 21 Sec. 7. As used in this chapter, "proper identification", with
9898 22 respect to a Social Security number search request, means all of
9999 23 the following for the consumer to whom the request pertains:
100100 24 (1) The consumer's Social Security number.
101101 25 (2) The consumer's first and last name.
102102 26 (3) The consumer's date of birth.
103103 27 Sec. 8. As used in this chapter, "Social Security number search
104104 28 request" refers to a request that:
105105 29 (1) is made by a consumer to a consumer reporting agency in
106106 30 conjunction with a request made under 15 U.S.C. 1681g for
107107 31 information in the consumer's file; and
108108 32 (2) requests that the consumer reporting agency conduct a
109109 33 search of all files maintained by the consumer reporting
110110 34 agency to determine if the consumer's Social Security
111111 35 number:
112112 36 (A) as supplied by the consumer in connection with the
113113 37 request; and
114114 38 (B) as verified by the consumer reporting agency as
115115 39 belonging to the consumer;
116116 40 is associated with one (1) or more files not associated with the
117117 41 consumer.
118118 42 Sec. 9. (a) After December 31, 2025, upon receiving a Social
119119 2025 IN 1570—LS 7747/DI 101 3
120120 1 Security number search request from a consumer, a consumer
121121 2 reporting agency shall fulfill the consumer's Social Security
122122 3 number search request if the consumer reporting agency:
123123 4 (1) maintains a file on the consumer; and
124124 5 (2) receives:
125125 6 (A) proper identification from the consumer; and
126126 7 (B) the consumer's written and signed consent for the
127127 8 consumer reporting agency to verify with the federal
128128 9 Social Security Administration that the consumer's Social
129129 10 Security number belongs to the consumer. A consent that
130130 11 is in an electronic form and that includes the consumer's
131131 12 electronic signature constitutes written and signed consent
132132 13 for purposes of this clause.
133133 14 (b) In fulfilling a Social Security number search request that
134134 15 satisfies the conditions set forth in subsection (a), a consumer
135135 16 reporting agency shall do the following:
136136 17 (1) Verify with the federal Social Security Administration that
137137 18 the Social Security number supplied by the consumer in
138138 19 connection with the request belongs to the consumer.
139139 20 (2) Conduct a search of all files maintained by the consumer
140140 21 reporting agency to determine if the consumer's Social
141141 22 Security number is associated with one (1) or more files not
142142 23 associated with the consumer.
143143 24 (3) Include the following as part of the information provided
144144 25 to the consumer in connection with the consumer's request
145145 26 under 15 U.S.C. 1681g:
146146 27 (A) A statement as to whether the results of the consumer
147147 28 reporting agency's search under subdivision (2) indicate
148148 29 that the consumer's Social Security number is associated
149149 30 with one (1) or more files not associated with the
150150 31 consumer.
151151 32 (B) If the consumer reporting agency's search indicates
152152 33 that the consumer's Social Security number is associated
153153 34 with one (1) or more files not associated with the
154154 35 consumer, the following information:
155155 36 (i) The number of files (not including the consumer's file)
156156 37 associated with the consumer's Social Security number.
157157 38 (ii) An identification of each person that procured a
158158 39 consumer report in connection with each file (not
159159 40 including the consumer's file) associated with the
160160 41 consumer's Social Security number during the one (1)
161161 42 year period immediately preceding the date of
162162 2025 IN 1570—LS 7747/DI 101 4
163163 1 submission of the consumer's Social Security number
164164 2 search request. For each person identified, the consumer
165165 3 reporting agency must include the person's name, full
166166 4 trade name under which the person does business (if
167167 5 applicable), address, and telephone number.
168168 6 Sec. 10. A consumer reporting agency may not:
169169 7 (1) charge a consumer an additional fee in connection with a
170170 8 Social Security number search request made by the
171171 9 consumer;
172172 10 (2) increase any fee lawfully imposed in connection with the
173173 11 consumer's request under 15 U.S.C. 1681g because the
174174 12 consumer's request under 15 U.S.C. 1681g includes a Social
175175 13 Security number search request; or
176176 14 (3) charge a consumer a fee in connection with the consumer's
177177 15 request under 15 U.S.C. 1681g because the consumer's
178178 16 request under 15 U.S.C. 1681g includes a Social Security
179179 17 number search request, if the consumer is entitled under 15
180180 18 U.S.C. 1681j to receive the disclosures under 15 U.S.C. 1681g
181181 19 without charge.
182182 20 Sec. 11. The federal Fair Credit Reporting Act (15 U.S.C. 1681
183183 21 et seq.) does not annul, alter, affect, or exempt a consumer
184184 22 reporting agency subject to this chapter from complying with this
185185 23 chapter, except to the extent that this section is inconsistent with
186186 24 any provision of the federal Fair Credit Reporting Act (15 U.S.C.
187187 25 1681 et seq.), and then only to the extent of the inconsistency, as
188188 26 provided in 15 U.S.C. 1681t(a).
189189 2025 IN 1570—LS 7747/DI 101