Bill Text: IA SF2040 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act prohibiting consumer reporting agencies from charging fees in relation to consumer security freezes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-16 - Subcommittee: Guth, C. Johnson, and Mathis. S.J. 109. [SF2040 Detail]

Download: Iowa-2017-SF2040-Introduced.html

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Senate File 2040 - Introduced




                                 SENATE FILE       
                                 BY  HART

                                      A BILL FOR

  1 An Act prohibiting consumer reporting agencies from charging
  2    fees in relation to consumer security freezes.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 714G.2, Code 2018, is amended to read as
  1  2 follows:
  1  3    714G.2  Security freeze.
  1  4    A consumer may submit by certified mail to a consumer
  1  5 reporting agency a written request for a security freeze.
  1  6 The consumer must submit proper identification and the
  1  7 applicable fee with the request. Within five business days
  1  8 after receiving the request, the consumer reporting agency
  1  9 shall commence the security freeze. Within ten business days
  1 10 after commencing the security freeze, the consumer reporting
  1 11 agency shall send a written confirmation to the consumer of the
  1 12 security freeze, a personal identification number or password,
  1 13 other than the consumer's social security number, for the
  1 14 consumer to use in authorizing the suspension or removal of
  1 15 the security freeze, including information on how the security
  1 16 freeze may be temporarily suspended.
  1 17    Sec. 2.  Section 714G.3, subsection 1, paragraph d, Code
  1 18 2018, is amended by striking the paragraph.
  1 19    Sec. 3.  Section 714G.4, Code 2018, is amended to read as
  1 20 follows:
  1 21    714G.4  Removal.
  1 22    A security freeze remains in effect until the consumer
  1 23 requests that the security freeze be removed. A consumer
  1 24 reporting agency shall remove a security freeze within three
  1 25 business days after receiving a request for removal that
  1 26 includes proper identification of the consumer, and the
  1 27 personal identification number or password provided by the
  1 28 consumer reporting agency, and payment of the applicable fee.
  1 29    Sec. 4.  Section 714G.5, Code 2018, is amended to read as
  1 30 follows:
  1 31    714G.5  Fees prohibited.
  1 32    1.  A consumer reporting agency shall not charge any fee to
  1 33 a consumer who is the victim of identity theft for commencing
  1 34 a security freeze, temporary suspension, or removal if with
  1 35 the initial security freeze request, the consumer submits a
  2  1 valid copy of the police report concerning the unlawful use of
  2  2 identification information by another person.
  2  3    2.  A consumer reporting agency may charge a fee not to
  2  4 exceed ten dollars to a consumer who is not the victim of
  2  5 identity theft for each security freeze, removal, or for
  2  6 reissuing a personal identification number or password if the
  2  7 consumer fails to retain the original number. The consumer
  2  8 reporting agency may charge a fee not to exceed twelve dollars
  2  9 for each temporary suspension of a security freeze.
  2 10    A consumer reporting agency shall not charge a fee to a
  2 11 consumer for providing any service pursuant to this chapter,
  2 12 including but not limited to placing, removing, temporarily
  2 13 suspending, or reinstating a security freeze or protected
  2 14 consumer security freeze.
  2 15    Sec. 5.  Section 714G.8A, subsection 1, paragraph d, Code
  2 16 2018, is amended by striking the paragraph.
  2 17    Sec. 6.  Section 714G.8A, subsection 3, paragraph d, Code
  2 18 2018, is amended by striking the paragraph.
  2 19    Sec. 7.  Section 714G.8A, subsection 5, Code 2018, is amended
  2 20 by striking the subsection.
  2 21                           EXPLANATION
  2 22 The inclusion of this explanation does not constitute agreement with
  2 23 the explanation's substance by the members of the general assembly.
  2 24    Current law allows consumer reporting agencies to charge
  2 25 consumers certain fees for placing, removing, temporarily
  2 26 suspending, or reinstating security freezes or protected
  2 27 consumer security freezes. This bill prohibits consumer
  2 28 reporting agencies from charging a fee for providing any
  2 29 service pursuant to Code chapter 714G, including but not
  2 30 limited to placing, removing, temporarily suspending, or
  2 31 reinstating a security freeze or protected consumer security
  2 32 freeze. The bill removes all references to payment of fees
  2 33 from Code chapter 714G.
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