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words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 228
BY SENATOR DUPLESSIS AND REPRESENTATIVES ARNOLD, AUSTIN BADON,
BARROW, BROSSETT, BURRELL, DIXON, DOVE, GUINN, KATZ,
LABRUZZO, NORTON, RICHMOND, ROY, GARY SMITH, STIAES,
THIERRY, WILLIAMS AND WILLMOTT
AN ACT1
To amend and reenact R.S. 9:3571.1(M), (N), (O), (R) (introductory paragraph), (S), and (U)2
(introductory paragraph), and to enact R.S. 9:3571.1(Z), relative to credit reporting3
agency information and reports; to provide for methods a consumer may use to place4
a security freeze on his credit report; to provide for the credit reporting agency's5
obligation to freeze the report upon request; 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) (introductory paragraph), (S), and (U)8
(introductory paragraph), are hereby amended and reenacted and R.S. 9:3571.1(Z) is hereby9
enacted to read as follows:10
ยง3571.1. Credit reporting agency information and reports; consumer access to files;11
right of correction; dissemination or maintenance of untrue or12
misleading credit information by credit reporting agency;13
investigation; right to recovery14
* * *15
M.(1) A consumer may elect to place a security freeze on his credit report16
by any of the following methods:17
(a) By written request, sent by standard or certified mail, that includes clear18
and proper identification, to a credit reporting agency.19
(b) Telephone call.20
(c) Electronically by secure website.21
(2) A credit reporting agency shall place a security freeze on a consumer's22
credit report no later than ten five business days after receiving a written request for23
the security freeze from the consumer by mail. A credit reporting agency that24
receives such a request electronically by secure website or by telephone shall25
ACT No. 998 SB NO. 228 ENROLLED
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comply with the request within twenty-four hours of receiving the request.1
(2) (3) When a security freeze is in place, information from a consumer's2
credit report shall not be released to a third party without prior express authorization3
from the consumer. This Subsection does not prevent a credit reporting agency from4
advising a third party that a security freeze is in effect with respect to the consumer's5
credit report.6
N. The credit reporting agency shall, no later than ten five business days7
after the date the agency receives the request for a security freeze, provide the8
consumer with a unique personal identification number or password to be used by9
the consumer when providing authorization for the access to his credit file for a10
specific period of time. In addition, the credit reporting agency shall simultaneously11
provide to the consumer in writing the process of placing, removing, and temporarily12
lifting a security freeze and the process for allowing access to information from the13
consumer's credit file for a specific period while the security freeze is in effect.14
O. A consumer may request in writing a replacement personal identification15
number or password. The request must shall comply with the requirements for16
requesting a security freeze under Subsection M of this Section. The credit reporting17
agency shall, not later than the seventh fifth business day after the date the agency18
receives the request for a replacement personal identification number or password,19
provide the consumer with a new, unique personal identification number or password20
to be used by the consumer instead of the number or password that was provided21
under Subsection N of this Section.22
* * *23
R. If the consumer wishes to allow his credit report or score to be accessed24
for a specific period of time while a freeze is in place, he shall contact the credit25
reporting agency by a method provided for in Subsection M of this Section and26
request that the freeze be temporarily lifted, and provide the following:27
* * *28
S. A credit reporting agency that receives a request by mail from a consumer29
to temporarily lift a freeze on a credit report pursuant to Subsection R of this Section30 SB NO. 228 ENROLLED
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shall comply with the request no later than three business days after receiving the1
request. A credit reporting agency may develop procedures involving the use of2
telephone, fax, the Internet, or other electronic media to receive and process a request3
from a consumer to temporarily lift a freeze on a credit report or score pursuant to4
Subsection R in an expedited manner that receives such a request electronically5
by secure website or by telephone shall comply with the request within twenty-6
four hours of receiving the request.7
* * *8
U. A security freeze shall remain in place until the consumer requests that9
the security freeze be temporarily lifted for a specific period of time or removed.10
A credit reporting agency shall remove a security freeze within three business days11
of receiving a written request for removal from the consumer or within twenty-four12
hours of receiving an electronic request by secure website or telephonic request13
for removal from the consumer, who provides both of the following:14
* * *15
Z. A credit reporting agency is not required to place, remove, or16
temporarily lift a security freeze within the time periods provided in this17
Section, only for such time as the occurrences prevent compliance, if any of the18
following occurrences apply:19
(a) The consumer fails to provide information required by this Section20
or commits or attempts to commit a fraud or misrepresentation.21
(b) The credit reporting agency's ability to place, remove, or temporarily22
lift the security freeze is prevented by any of the following circumstances:23
(i) An act of God, including fire, earthquakes, hurricanes, storms, or24
similar natural disaster or phenomena.25
(ii) Unauthorized or illegal acts by a third party, including terrorism,26
sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or27
similar occurrence.28
(iii) Operational interruption, including electrical failure, unanticipated29
delay in equipment or replacement part delivery, computer hardware or30 SB NO. 228 ENROLLED
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software failures inhibiting response time, or similar disruption.1
(iv) Governmental action, including emergency orders or regulations,2
judicial or law enforcement action, or similar directives.3
(v) Regularly scheduled maintenance, during other than normal4
business hours, of, or updates to, the credit reporting agency's systems.5
(vi) Commercially reasonable maintenance of, or repair to, the credit6
reporting agency's systems that is unexpected or unscheduled.7
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: