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ACT No. 201Regular Session, 2014
HOUSE BILL NO. 844
BY REPRESENTATIVE PONTI
AN ACT1
To enact R.S. 9:3571.3, relative to credit reports of protected persons; to provide for2
prohibitions on the release of credit information of protected persons; to provide for3
definitions; to provide for exceptions; to provide for damages; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 9:3571.3 is hereby enacted to read as follows: 7
ยง3571.3. Security freezes for protected persons8
A. In this Section, the following words have the meanings indicated:9
(1) "Credit report" has the same meaning as in R.S. 9:3571.1(H)(2).10
(2) "Credit reporting agency" has the same meaning as in R.S.11
9:3571.1(H)(3).12
(3) "Protected person" means an individual who is either of the following:13
(a) Under the age of sixteen years at the time a request for the placement of14
a security freeze is made.15
(b) An interdicted person for whom a curator has been appointed, or an16
incapacitated person or a protected person for whom a guardian or conservator has17
been appointed.18
(4) "Protected person security freeze" means either of the following:19
(a) If a credit reporting agency does not have a credit report pertaining to a20
protected person, a restriction that meets each of the following criteria:21
(i) Is placed on the protected person's record in accordance with this Section.22 ENROLLEDHB NO. 844
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(ii) Prohibits the credit reporting agency from releasing the protected1
person's record except as provided in this Section.2
(b) If a credit reporting agency has a credit report pertaining to the protected3
person, a restriction that meets each of the following criteria:4
(i) Is placed on the protected person's credit report in accordance with this5
Section.6
(ii) Prohibits the credit reporting agency from releasing the protected7
person's credit report or any information derived from the protected person's credit8
report, except as provided in this Section.9
(5) "Record" means a compilation of information that meets all of the10
following:11
(a) Identifies a protected consumer.12
(b) Is created by a credit reporting agency solely for the purpose of13
complying with this Section.14
(c) Is not created or used to consider the protected consumer's credit15
worthiness, credit standing, credit capacity, character, general reputation, personal16
characteristics, or mode of living.17
(6) "Representative" means a person who provides to a credit reporting18
agency sufficient proof of authority to act on behalf of a protected person.19
(7) "Sufficient proof of authority" means documentation that shows a20
representative has authority to act on behalf of a protected person. "Sufficient proof21
of authority" includes any of the following:22
(a) An order issued by a court of law.23
(b) A lawfully executed and valid power of attorney.24
(c) A written, notarized statement signed by a representative that expressly25
describes the authority of the representative to act on behalf of a protected person.26
(8) "Sufficient proof of identification" means information or documentation27
that identifies a protected person or a representative of a protected person. "Sufficient28
proof of identification" includes any of the following:29 ENROLLEDHB NO. 844
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(a) A social security number or a copy of a social security card issued by the1
Social Security Administration.2
(b) A certified or official copy of a birth certificate issued by the entity3
authorized to issue the birth certificate.4
(c) A copy of a driver's license, an identification card issued by the office of5
motor vehicles, or any other government-issued identification.6
(d) A copy of a bill, including a bill for telephone, sewer, septic tank, water,7
electric, oil, or natural gas services, that shows a name and home address.8
B. This Section shall not apply to the use of a protected person's credit report9
or record by any of the following:10
(1) A person administering a credit report monitoring subscription service11
to which:12
(a) The protected person has subscribed.13
(b) The representative of the protected person has subscribed on behalf of14
the protected person.15
(2) A person providing the protected person or the protected person's16
representative with a copy of the protected person's credit report on request of the17
protected person or the protected person's representative.18
(3) An entity or person listed in R.S. 9:3571.1(L).19
C. A credit reporting agency shall place a protected person security freeze20
on the credit report of a protected person if the protected person's representative does21
all of the following to request a protected person security freeze pursuant to this22
Section:23
(1) Submits the request for a protected person security freeze to the credit24
reporting agency at the address or other point of contact in the manner specified by25
the credit reporting agency.26
(2) Provides to the credit reporting agency sufficient proof of identification27
of the protected person and the representative.28
(3) Provides to the credit reporting agency sufficient proof of authority to act29
on behalf of the protected person.30 ENROLLEDHB NO. 844
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(4) Pays to the credit reporting agency a fee as provided in Subsection I of1
this Section.2
D. If a credit reporting agency does not have a credit report pertaining to a3
protected person when the credit reporting agency receives a request for a protected4
person security freeze under Subsection C of this Section, the credit reporting agency5
shall create a record for the protected person.6
E.(1) Within thirty days after receiving a request for a protected person7
security freeze that meets the requirements of Subsection C of this Section, a credit8
reporting agency shall place a protected person security freeze on the protected9
person's credit report.10
(2) A protected person security freeze placed pursuant to this Subsection11
shall remain in effect until either of the following:12
(a) The protected person or the protected person's representative requests the13
credit reporting agency to remove the protected person security freeze in accordance14
with Subsection G of this Section.15
(b) The protected person security freeze is removed in accordance with16
Subsection J of this Section.17
F. Unless a protected person security freeze is removed in accordance with18
Subsection G or J of this Section, a credit reporting agency may not release the19
protected person's credit report, any information derived from the protected person's20
credit report, or any record created for the protected person.21
G. If a protected person or a protected person's representative wishes to22
remove a protected person security freeze, the protected person or the protected23
person's representative shall submit a request for the removal of the protected person24
security freeze to the credit reporting agency at the address or other point of contact25
in the manner specified by the credit reporting agency.26
(1) In the case of a request by the protected person, the protected person shall27
provide both of the following:28
(a) Documentaton that the sufficient proof of authority for the protected29
person's representative to act on behalf of the protected person is no longer valid,30 ENROLLEDHB NO. 844
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including documentation that the protected person has reached the age of sixteen1
years or is no longer incapacitated.2
(b) Sufficient proof of identification of the protected person.3
(2) In the case of a request by the representative of a protected person, the4
representative of the protected person shall provide all of the following:5
(a) Sufficient proof of identification of the protected person and the6
representative.7
(b) Sufficient proof of authority to act on behalf of the protected person.8
(c) Payment to the credit reporting agency a fee as provided in Subsection9
I of this Section.10
H. Within thirty days after receiving a request that meets the requirements11
of Subsection G of this Section, the credit reporting agency shall remove the12
protected person security freeze.13
I.(1) A credit reporting agency may charge a reasonable fee, not exceeding14
ten dollars, for each placement or removal of a protected person security freeze15
pursuant to this Section.16
(2) Notwithstanding Paragraph (1) of this Subsection, a credit reporting17
agency may not charge any fee pursuant to this Section if either of the following18
apply:19
(a) The protected person's representative does both of the following:20
(i) Obtains a report of alleged identity fraud against the protected person.21
(ii) Provides a copy of the report to the credit reporting agency.22
(b) A request for the placement or removal of a protected person security23
freeze is for a protected person who is under the age of sixteen years at the time of24
the request and the credit reporting agency has a credit report pertaining to the25
protected person.26
J. A credit reporting agency may remove a protected person security freeze27
or delete a record of a protected person if the protected person security freeze was28
placed or the record was created based on a material misrepresentation of fact by the29
protected person or the protected person's representative.30 ENROLLEDHB NO. 844
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K. Any consumer damaged by an intentional or negligent violation of this1
Section may bring an action for and shall be entitled to recovery of actual damages,2
plus reasonable attorney fees, court costs, and other reasonable costs of prosecution3
of the suit.4
Section 2. This Act shall take effect January 1, 2015.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: