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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) (introductory paragraph), (S), (U)2
(introductory paragraph), and (Y), and to enact R.S. 9:3571.1(Z), relative to credit3
reporting agency information and reports; to provide for methods a consumer may4
use to place a security freeze on his credit report; to provide for the credit reporting5
agency's obligation to freeze the report upon request; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 9:3571.1(M), (N), (O), (R) (introductory paragraph), (S), (U)9
(introductory paragraph), and (Y) are hereby amended and reenacted and R.S. 9:3571.1(Z)10
is hereby enacted to read as follows:11
ยง3571.1. Credit reporting agency information and reports; consumer access to files;12
right of correction; dissemination or maintenance of untrue or13
misleading credit information by credit reporting agency;14
investigation; right to recovery15
* * *16
M.(1) A consumer may elect to place a security freeze on his credit report17 SB NO. 228
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by any of the following methods:1
(a) By written request, sent by standard or certified mail, that includes clear2
and proper identification, to a credit reporting agency.3
(b) Telephone call.4
(c) Secure website.5
(2) A credit reporting agency shall place a security freeze on a consumer's6
credit report no later than ten five business days after receiving a written request for7
the security freeze from the consumer by mail. A credit reporting agency that8
receives such a request electronically or by telephone shall comply with the9
request within twenty-four hours of receiving the request.10
(2) (3) When a security freeze is in place, information from a consumer's11
credit report shall not be released to a third party without prior express authorization12
from the consumer. This Subsection does not prevent a credit reporting agency from13
advising a third party that a security freeze is in effect with respect to the consumer's14
credit report.15
N. The credit reporting agency shall, no later than ten five business days16
after the date the agency receives the request for a security freeze, provide the17
consumer with a unique personal identification number or password to be used by18
the consumer when providing authorization for the access to his credit file for a19
specific period of time. In addition, the credit reporting agency shall simultaneously20
provide to the consumer in writing the process of placing, removing, and temporarily21
lifting a security freeze and the process for allowing access to information from the22
consumer's credit file for a specific period while the security freeze is in effect.23
O. A consumer may request in writing a replacement personal identification24
number or password. The request must comply with the requirements for requesting25
a security freeze under Subsection M of this Section. The credit reporting agency26
shall, not later than the seventh fifth business day after the date the agency receives27
the request for a replacement personal identification number or password, provide28
the consumer with a new, unique personal identification number or password to be29 SB NO. 228
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used by the consumer instead of the number or password that was provided under1
Subsection N of this Section.2
* * *3
R. If the consumer wishes to allow his credit report or score to be accessed4
for a specific period of time while a freeze is in place, he shall contact the credit5
reporting agency by a method provided for in Subsection M of this Section and6
request that the freeze be temporarily lifted, and provide the following:7
* * *8
S. A credit reporting agency that receives a request by mail from a consumer9
to temporarily lift a freeze on a credit report pursuant to Subsection R of this Section10
shall comply with the request no later than three business days after receiving the11
request. A credit reporting agency may develop procedures involving the use of12
telephone, fax, the Internet, or other electronic media to receive and process a request13
from a consumer to temporarily lift a freeze on a credit report or score pursuant to14
Subsection R in an expedited manner that receives such a request electronically15
or by telephone shall comply with the request within fifteen minutes of receiving16
the request.17
* * *18
U. A security freeze shall remain in place until the consumer requests that19
the security freeze be temporarily lifted for a specific period of time or removed.20
A credit reporting agency shall remove a security freeze within three business days21
of receiving a written or telephonic request for removal from the consumer or22
within fifteen minutes of receiving an electronic request for removal from the23
consumer, who provides both of the following:24
* * *25
Y. (1) Except as provided in Paragraph (2) of this Subsection, any Any26
consumer damaged by an intentional or negligent violations of Subsections M27
through U M through U of this Section may bring an action for and shall be entitled28
to recovery of actual damages, plus reasonable attorney fees, court costs, and other29 SB NO. 228
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reasonable costs of prosecution of the suit.1
(2) Notwithstanding any other provision of law, the exclusive authority2
to bring an action for any violation of Subsection S or Paragraph (M)(2) of this3
Section shall be with the attorney general.4
Z. A credit reporting agency is not required to place, remove, or5
temporarily lift a security freeze within the time periods provided in this6
Section, only for such time as the occurrences prevent compliance, if any of the7
following occurrences apply:8
(a) The consumer fails to provide information required by this Section.9
(b) The credit reporting agency's ability to place, remove, or temporarily10
lift the security freeze is prevented by any of the following circumstances:11
(i) An act of God, including fire, earthquakes, hurricanes, storms, or12
similar natural disaster or phenomena.13
(ii) Unauthorized or illegal acts by a third party, including terrorism,14
sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or15
similar occurrence.16
(iii) Operational interruption, including electrical failure, unanticipated17
delay in equipment or replacement part delivery, computer hardware or18
software failures inhibiting response time, or similar disruption.19
(iv) Governmental action, including emergency orders or regulations,20
judicial or law enforcement action, or similar directives.21
(v) Regularly scheduled maintenance, during other than normal22
business hours, of, or updates to, the credit reporting agency's systems.23
(vi) Commercially reasonable maintenance of, or repair to, the credit24
reporting agency's systems that is unexpected or unscheduled.25 SB NO. 228
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The original instrument was prepared by Alan Miller. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Michelle Broussard-Johnson.
DIGEST
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
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. SB NO. 228
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(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.
(f)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) (intro para), (S), (U) (intro para), 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.
Senate Floor Amendments to reengrossed bill.
1. Technical amendments.