Bill Text: CA AB90 | 2021-2022 | Regular Session | Introduced


Bill Title: Consumer credit reports: security freezes: protected consumers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-01-11 - Referred to Com. on B. & F. [AB90 Detail]

Download: California-2021-AB90-Introduced.html


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 90


Introduced by Assembly Member Valladares

December 07, 2020


An act to amend Section 1785.11.9 of the Civil Code, relating to consumer credit reports.


LEGISLATIVE COUNSEL'S DIGEST


AB 90, as introduced, Valladares. Consumer credit reports: security freezes: protected consumers.
Existing state and federal law defines and regulates the provision of consumer credit reports. Existing state law requires a consumer credit reporting agency to place a security freeze on the provision of consumer reports for certain protected consumers, as defined, if specified requirements are met. For these purposes, existing law defines a “protected consumer” as including, among others, an individual under the jurisdiction of a county welfare department or a county probation department who has been placed in foster care and is under 16 years of age at the time the security freeze request is made.
This bill would revise the definition of a protected consumer, as described above, to include individuals under the jurisdiction of a county welfare department or a county probation department who have been placed in foster care and are under 18 years of age at the time the security freeze request is made.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1785.11.9 of the Civil Code is amended to read:

1785.11.9.
 For purposes of Sections 1785.11.10 and 1785.11.11, the following terms shall have the following meanings:
(a) “Protected consumer” means an individual who is any of the following:
(1) Under 16 years of age at the time a request for the placement of a security freeze is made.
(2) An incapacitated person or a protected person for whom a guardian or conservator has been appointed.
(3) Under the jurisdiction of a county welfare department or county probation department, has been placed in a foster care setting, and is under 16 18 years of age at the time a request for placement of a security freeze is made.
(b) “Record” means a compilation of information that:
(1) Identifies a protected consumer.
(2) Was created by a consumer credit reporting agency solely for the purpose of complying with this section.
(3) Is not otherwise authorized to be created or used to consider the protected consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.
(c) (1) “Representative” means a person who provides to a consumer credit reporting agency sufficient proof of authority to act on behalf of a protected consumer.
(2) For a protected consumer who has been placed in a foster care setting, “representative” means either of the following:
(A) A county welfare department or its agent or designee.
(B) A county probation department or its agent or designee.
(3) For a protected consumer who has been placed in a foster care setting, “representative” does not mean a foster parent.
(d) “Security freeze” means:
(1) If a consumer credit reporting agency does not have a file pertaining to a protected consumer, a restriction that:
(A) Is placed on the protected consumer’s record in accordance with this section.
(B) Prohibits the consumer credit reporting agency from releasing the protected consumer’s record except as authorized in this section.
(2) If a consumer credit reporting agency has a file pertaining to a protected consumer, a restriction that:
(A) Is placed on the protected consumer’s consumer credit report in accordance with this section.
(B) Prohibits the consumer credit reporting agency from releasing the protected consumer’s consumer credit report or any information derived from the protected consumer’s consumer credit report except as authorized in this section.
(e) “Sufficient proof of authority” means documentation that shows that a representative has authority to act on behalf of a protected consumer in a financial matter. This documentation includes, but is not limited to:
(1) A court order or relevant enabling document issued by a court.
(2) A legally sufficient and valid power of attorney, or a durable power of attorney.
(3) A written, notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer, including a temporary conservator or temporary guardian.
(4) A written communication from a county welfare department or its agent or designee or a county probation department or its agent or designee certifying that the protected consumer is a foster youth under its jurisdiction.
(f) “Sufficient proof of identification” means information or documentation that identifies a protected consumer or a representative of a protected consumer. This information or documentation includes, but is not limited to:
(1) A social security number or a copy of a social security card issued by the Social Security Administration.
(2) A certified copy or official copy of a birth certificate issued by the entity authorized to issue the birth certificate.
(3) A copy of a driver’s license, an identification issued by the Department of Motor Vehicles, or any other government-issued identification.
(4) A copy of a bill for telephone, sewer, septic tank, water, electric, oil, or natural gas services that shows a name and a home address.
(5) A written communication from a county welfare department or its agent or designee or a county probation department or its agent or designee certifying that the protected consumer is a foster youth under its jurisdiction.

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