HOUSE OF REPRESENTATIVES	H.B. NO.	2290
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to security freezes.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 489P-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any consumer who is a resident of this State may place a security freeze on the consumer's credit report.  A consumer credit reporting agency shall not charge [a victim of identity theft] a fee for placing, lifting, or removing a security freeze on a credit report [but may charge any other consumer a fee not to exceed $5 for each request by the consumer to place, lift, or remove a security freeze from the consumer's credit report].

     A consumer who is a resident of this State and has been the victim of identity theft may place a security freeze on the consumer's credit report by making a request in writing by certified mail to a consumer credit reporting agency, at an address designated by the agency to receive such requests, with a valid copy of a police report, investigative report, or complaint the consumer has filed with a law enforcement agency about unlawful use of the consumer's personal information by another person.  A consumer who has not been the victim of identity theft may place a security freeze on the consumer's credit report by making a request in writing by certified mail to a consumer credit reporting agency.

     A security freeze shall prohibit the consumer credit reporting agency from releasing the consumer's credit report or any information from it without the express authorization of the consumer.  This subsection shall not prevent a consumer credit reporting agency from advising a third party that a security freeze is in effect with respect to the consumer's credit report."

     SECTION 2.  Section 489P-3.5, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  A consumer credit reporting agency shall place a security freeze on a protected consumer's credit report or records if:

     (1)  The consumer credit reporting agency receives a request from the protected consumer's representative for the placement of the security freeze under this section; and

     (2)  The protected consumer's representative:

          (A)  Submits the request to the consumer credit reporting agency at the address or other point of contact specified by the consumer credit reporting agency;

          (B)  Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the protected consumer's representative; and

          (C)  Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer[; and

          (D)  Pays to the consumer credit reporting agency a fee as provided in subsection (h)]."

     2.  By amending subsection (f) to read:

     "(f)  If a protected consumer or a protected consumer's representative wishes to remove a security freeze for the protected consumer, the protected consumer or the protected consumer's representative shall:

     (1)  Submit a request for the removal of the security freeze to the consumer credit reporting agency at the address or other point of contact specified by the consumer credit reporting agency; and

     (2)  Provide to the consumer credit reporting agency:

          (A)  In the case of a request by the protected consumer:

              (i)  Proof that the sufficient proof of authority for the protected consumer's representative to act on behalf of the protected consumer is no longer valid; and

             (ii)  Sufficient proof of identification of the protected consumer; or

          (B)  In the case of a request by the representative of a protected consumer:

              (i)  Sufficient proof of identification of the protected consumer and the representative; and

             (ii)  Sufficient proof of authority to act on behalf of the protected consumer[; and

     (3)  Pay to the consumer credit reporting agency a fee as provided in subsection (h)]."

     3.  By amending subsection (h) to read:

     "(h)  A consumer credit reporting agency [may charge a reasonable fee, not to exceed $5, for each] shall not charge a fee for the placement or removal of a security freeze for a protected consumer[; provided that a consumer credit reporting agency shall not charge a fee under this section if:

     (1)  The protected consumer's representative has a valid copy of a police report, investigative report, or complaint which the protected consumer or the protected consumer's representative has filed with a law enforcement agency regarding the unlawful use of the protected consumer's personal information by another person, and provides a copy of the report to the consumer credit reporting agency; or

     (2)  A request for the placement or removal of a security freeze is for a protected consumer who is under the age of sixteen at the time of the request and the consumer credit reporting agency has a credit report pertaining to the protected consumer]."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Security Freezes; Consumer Credit Reporting Agencies; Consumers; Protected Consumers

 

Description:

Specifies that a consumer credit reporting agency shall not charge a fee for placing, lifting, or removing a security freeze on a consumer's credit report or for placing or removing a security freeze on a protected consumer's credit report or records.

 

 

 

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