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Regular Session, 2010
SENATE BILL NO. 228
BY SENATOR DUPLESSIS
CONSUMERS/PROTECTI ON. Provides relative to credit reporting security. (8/15/10)
AN ACT1
To amend and reenact R.S. 9:3571.1(M), (N), (O), (R), (S), (U), and (Y), and to enact R.S.2
9:3571.1(Z), relative to credit reporting agency information and reports; to provide3
for methods a consumer may use to place a security freeze on his credit report; to4
provide for the credit reporting agency's obligation to freeze the report upon request;5
and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 9:3571.1(M), (N), (O), (R), (S), (U), and (Y) is hereby amended and8
reenacted and R.S. 9:3571.1(Z) is hereby enacted to read as follows:9
ยง3571.1. Credit reporting agency information and reports; consumer access to files;10
right of correction; dissemination or maintenance of untrue or11
misleading credit information by credit reporting agency;12
investigation; right to recovery13
* * *14
M.(1) A consumer may elect to place a security freeze on his credit report15
by any of the following methods:16
(a) By written request, sent by standard or certified mail, that includes clear17 SB NO. 228
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and proper identification, to a credit reporting agency.1
(b) Telephone call.2
(c) Secure website.3
(2) A credit reporting agency shall place a security freeze on a consumer's4
credit report no later than ten five business days after receiving a written request for5
the security freeze from the consumer by mail. A credit reporting agency that6
receives such a request electronically or by telephone shall comply with the7
request within twenty-four hours of receiving the request.8
(2) (3) When a security freeze is in place, information from a consumer's9
credit report shall not be released to a third party without prior express authorization10
from the consumer. This Subsection does not prevent a credit reporting agency from11
advising a third party that a security freeze is in effect with respect to the consumer's12
credit report.13
N. The credit reporting agency shall, no later than ten five business days14
after the date the agency receives the request for a security freeze, provide the15
consumer with a unique personal identification number or password to be used by16
the consumer when providing authorization for the access to his credit file for a17
specific period of time. In addition, the credit reporting agency shall simultaneously18
provide to the consumer in writing the process of placing, removing, and temporarily19
lifting a security freeze and the process for allowing access to information from the20
consumer's credit file for a specific period while the security freeze is in effect.21
O. A consumer may request in writing a replacement personal identification22
number or password. The request must comply with the requirements for requesting23
a security freeze under Subsection M. The credit reporting agency shall, not later24
than the seventh fifth business day after the date the agency receives the request for25
a replacement personal identification number or password, provide the consumer26
with a new, unique personal identification number or password to be used by the27
consumer instead of the number or password that was provided under Subsection N.28
* * *29 SB NO. 228
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R. If the consumer wishes to allow his credit report or score to be accessed1
for a specific period of time while a freeze is in place, he shall contact the credit2
reporting agency by a method provided for in Subsection M of this Section and3
request that the freeze be temporarily lifted, and provide the following:4
* * *5
S. A credit reporting agency that receives a request by mail from a consumer6
to temporarily lift a freeze on a credit report pursuant to Subsection R of this Section7
shall comply with the request no later than three business days after receiving the8
request. A credit reporting agency may develop procedures involving the use of9
telephone, fax, the Internet, or other electronic media to receive and process a request10
from a consumer to temporarily lift a freeze on a credit report or score pursuant to11
Subsection R in an expedited manner that receives such a request electronically12
or by telephone shall comply with the request within fifteen minutes of receiving13
the request.14
* * *15
U. A security freeze shall remain in place until the consumer requests that16
the security freeze be temporarily lifted for a specific period of time or removed.17
A credit reporting agency shall remove a security freeze within three business days18
of receiving a written or telephonic request for removal from the consumer or19
within fifteen minutes of receiving an electronic request for removal from the20
consumer, who provides both of the following:21
* * *22
Y. (1) Except as provided in Paragraph (Y)(2), any Any consumer23
damaged by an intentional or negligent violations of Subsections "M" through "U"24
may bring an action for and shall be entitled to recovery of actual damages, plus25
reasonable attorney fees, court costs, and other reasonable costs of prosecution of the26
suit.27
(2) Notwithstanding any other provision of law, the exclusive authority28
to bring an action for any violation of Subsection (S) or Paragraph (M)(2) shall29 SB NO. 228
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be with the attorney general.1
Z. A credit reporting agency is not required to place, remove, or2
temporarily lift a security freeze within the time periods provided in this3
Section, only for such time as the occurrences prevent compliance, if any of the4
following occurrences apply:5
(a) The consumer fails to provide information required by this Section.6
(b) The credit reporting agency's ability to place, remove, or temporarily7
lift the security freeze is prevented by any of the following circumstances:8
(i) An act of God, including fire, earthquakes, hurricanes, storms, or9
similar natural disaster or phenomena.10
(ii) Unauthorized or illegal acts by a third party, including terrorism,11
sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or12
similar occurrence.13
(iii) Operational interruption, including electrical failure, unanticipated14
delay in equipment or replacement part delivery, computer hardware or15
software failures inhibiting response time, or similar disruption.16
(iv) Governmental action, including emergency orders or regulations,17
judicial or law enforcement action, or similar directives.18
(v) Regularly scheduled maintenance, during other than normal19
business hours, of, or updates to, the credit reporting agency's systems.20
(vi) Commercially reasonable maintenance of, or repair to, the credit21
reporting agency's systems that is unexpected or unscheduled.22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Duplessis (SB 228)
Present law requires a consumer to request a security freeze on his credit report by written
request sent by certified mail to the credit reporting agency.
Proposed law retains present law, but also allows for a consumer to request a security freeze
on his credit report by standard mail, a telephone call, or by use of a secure website.
Present law requires a credit reporting agency to place a security freeze on the consumer's SB NO. 228
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credit report no later than 10 business days after receiving a written request for the security
freeze from the consumer.
Proposed law shortens the requirement in present law from 10 business days to five business
days for the credit reporting agency to place a security freeze on the consumer's credit report
after receiving a written request by the consumer. If the credit reporting agency receives the
request electronically or by telephone, it must comply with the request within 24 hours of
receiving the request.
Present law requires that the credit reporting agency provide the consumer with a unique PIN
or password to be used by the consumer when providing authorization for the access to his
credit file for a specific period of time, no later than 10 business days after the date the
agency receives the request for a security freeze.
Proposed law shortens the time required for providing the consumer with a unique PIN or
password from 10 business days to five business days.
Present law authorizes the credit reporting agency to develop procedures involving the use
of telephone, fax, the Internet, or other electronic media to receive and process a request
from a consumer to temporarily lift a freeze on a credit report or score in an expedited
manner, pursuant to present law.
Proposed law repeals present law and requires the credit reporting agency that receives a
request electronically or by telephone to temporarily lift a freeze on a credit report or score
to comply within 15 minutes of receiving the request.
Present law allows any consumer damaged by intentional or negligent violations of present
law to bring an action and be entitled to recover actual damages, reasonable attorney fees,
court costs, and other reasonable costs of prosecution of the suit.
Proposed law limits the authority to bring actions for any violation regarding mail,
electronic, or telephone requests to the attorney general.
Proposed law provides that a credit reporting agency is not required to place, remove, or
temporarily lift a security freeze within the time periods provided in proposed law, only for
such time as the occurrences prevent compliance, if any of the following occurrences apply:
1. The consumer fails to provide information required by proposed law.
2. The credit reporting agency's ability to place, remove, or temporarily lift the security
freeze within 15 minutes is prevented by any of the following circumstances:
(a)An act of God, including fire, earthquakes, hurricanes, storms, or similar
natural disaster or phenomena.
(b)Unauthorized or illegal acts by a third party, including terrorism, sabotage,
riot, vandalism, labor strikes or disputes disrupting operations, or similar
occurrence.
(c)Operational interruption, including electrical failure, unanticipated delay in
equipment or replacement part delivery, computer hardware or software
failures inhibiting response time, or similar disruption.
(d)Governmental action, including emergency orders or regulations, judicial or
law enforcement action, or similar directives.
(e)Regularly scheduled maintenance, during other than normal business hours,
of, or updates to, the credit reporting agency's systems. SB NO. 228
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(d)Commercially reasonable maintenance of, or repair to, the credit reporting
agency's systems that is unexpected or unscheduled.
Effective August 15, 2010.
(Amends R.S. 9:3571.1(M), (N), (O), (R), (S), (U), and (Y); adds R.S. 9:3571.1(Z))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill.
1. Technical.
2. Grants the attorney general the exclusive authority to bring an action for any
violation regarding mail, electronic, or telephone requests to freeze the
consumer's credit report.