Bill Text: MS HB1261 | 2011 | Regular Session | Introduced


Bill Title: Security freeze; delete requirement for law enforcement report of unlawful information used to place freeze.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-02-01 - Died In Committee [HB1261 Detail]

Download: Mississippi-2011-HB1261-Introduced.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Banking and Financial Services

By: Representative Banks

House Bill 1261

AN ACT TO AMEND SECTION 75-24-201, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT A CONSUMER MUST PROVIDE TO A CONSUMER REPORTING AGENCY A LAW ENFORCEMENT REPORT REGARDING THE UNLAWFUL USE OF THE CONSUMER'S PERSONAL INFORMATION BEFORE THE CONSUMER MAY HAVE A SECURITY FREEZE PLACED ON HIS OR HER CONSUMER FILE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 75-24-201, Mississippi Code of 1972, is amended as follows:

     75-24-201.  (1)  On written request sent by certified mail that includes proper identification provided by a consumer * * *, a consumer reporting agency shall place a security freeze on a consumer's consumer file not later than the fifth business day after the date the agency receives the request.  A reporting agency may charge a consumer a reasonable fee not to exceed Ten Dollars ($10.00) to place a security freeze in his file.

     (2)  On written request for a security freeze provided by a consumer under subsection (1), a consumer reporting agency shall disclose to the consumer the process of placing, removing and temporarily lifting a security freeze and the process for allowing access to information from the consumer's file with the consumer reporting agency for a specific requester or period while the security freeze is in effect.

     (3)  A consumer reporting agency shall, not later than the tenth business day after the date the agency receives the request for a security freeze:

          (a)  Send a written confirmation of the security freeze to the consumer; and

          (b)  Provide the consumer with a unique personal identification number or password to be used by the consumer to authorize a removal or temporary lifting of the security freeze under Section 75-24-207.

     (4)  A consumer may request in writing a replacement personal identification number or password.  The request must comply with the requirements for requesting a security freeze under subsection (1).  The consumer reporting agency shall, not later than the third business day after the date the agency receives the request for a replacement personal identification number or password, provide the consumer with a new unique personal identification number or password to be used by the consumer instead of the number or password that was provided under subsection (3).

     (5)  As used in Sections 75-24-201 through 75-24-217, the term "security freeze" means a notice that (a) prohibits a consumer reporting agency from releasing all or any part of a consumer report or any information derived from a consumer report relating to the extension of credit, and (b) is placed in the file retained by the consumer reporting agency on that consumer at the consumer's request under to subsection (1).

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2011.


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