100.54(10)(a) (a) Except as provided in par. (b), if a consumer reporting agency includes a security freeze in an individual's consumer report, the consumer reporting agency may not change the individual's name, date of birth, social security number, or address in the report unless, within 30 business days of changing the information, the consumer reporting agency sends written notice of the change to the individual. If the notice concerns a change of address, the consumer reporting agency shall send the notice to both the new and former address.
100.54(10)(b) (b) Notice is not required under par. (a) for changing abbreviations for names or streets, correcting spelling, transposing numbers, or making other technical changes.
100.54(11) (11)Notices. Whenever a consumer reporting agency is required to provide an individual with a notice under 15 USC 1681g regarding consumer rights under the federal credit reporting law, the consumer reporting agency shall also provide the individual with the following notice:
“Wisconsin Consumers Have the Right to Obtain a Security Freeze.
You have a right to include a “security freeze" with your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report in connection with a credit transaction without your express authorization. A security freeze must be requested in writing by certified mail or by any other means provided by a consumer reporting agency. The security freeze is designed to prevent an extension of credit, such as a loan, from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a loan, credit, mortgage, or Internet credit card transaction, including an extension of credit at point of sale.
When you request a security freeze for your credit report, you will be provided a personal identification number or password to use if you choose to remove the security freeze from your credit report or authorize the release of your credit report for a period of time after the security freeze is in place. To provide that authorization you must contact the consumer reporting agency and provide all of the following:
(1) The personal identification number or password.
(2) Proper identification to verify your identity.
(3) The period of time for which the report shall be made available.
(4) Payment of the appropriate fee.
A security freeze does not apply to a person or its affiliates, or collection agencies acting on behalf of a person, with which you have an existing account, that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.
Unless you are a victim of identity theft with a police report to verify the crime, a consumer reporting agency has the right to charge you no more than $10 to include a security freeze with your credit report, no more than $10 to authorize release of a report that includes a security freeze, and no more than $10 to remove a security freeze from your credit report."
100.54(12) (12)Rules. The department shall promulgate rules specifying what constitutes proper identification for purposes of subs. (2) (a) 2., (4) (a) 2., and (6) (a) 2. The rules shall be consistent with any requirements under federal credit reporting law pertaining to proper identification.
100.54(13) (13)Damages.
100.54(13)(a) (a) Any person who obtains a consumer report from a consumer reporting agency, requests a consumer reporting agency to include or remove a security freeze in a consumer report, or authorizes a consumer reporting agency to release a consumer report that includes a security freeze, under false pretenses or in knowing violation of, or in an attempt to knowingly violate, this section or federal law, shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.
100.54(13)(b) (b) A person who fails to comply with this section is liable for any actual damages sustained by an individual as a result of the failure and, notwithstanding s. 814.04 (1), the costs of the action, including reasonable attorney fees.
100.54 History History: 2005 a. 140; 2007 a. 97.
100.54 Cross-reference Cross-reference: See also ch. ATCP 112, Wis. adm. code.
100.545 100.545 Security freezes for protected consumers.
100.545(1)(1)Definitions. In this section:
100.545(1)(a) (a) “Consumer report" has the meaning given in 15 USC 1681a (d).
100.545(1)(b) (b) “Consumer reporting agency" has the meaning given in s. 15 USC 1681a (f).
100.545(1)(c) (c) “Protected consumer" means an individual who is one of the following:
100.545(1)(c)1. 1. Under the age of 16 years at the time a request for the placement of a security freeze is made under sub. (3) (a).
100.545(1)(c)2. 2. An individual for whom a guardian or conservator has been appointed.
100.545(1)(d) (d) “Record" means a compilation of information about a protected consumer that satisfies all of the following:
100.545(1)(d)1. 1. The compilation identifies the protected consumer.
100.545(1)(d)2. 2. The compilation is created by a consumer reporting agency solely for the purpose of complying with this section.
100.545(1)(e) (e) “Representative" means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer.
100.545(1)(f) (f) “Security freeze for a protected consumer" means one of the following:
100.545(1)(f)1. 1. If a consumer reporting agency does not have a file pertaining to a protected consumer, a restriction placed on the protected consumer's record that prohibits, except as provided in this section, the consumer reporting agency from releasing the protected consumer's record.
100.545(1)(f)2. 2. If a consumer reporting agency has a file pertaining to the protected consumer, a restriction placed on the protected consumer's credit report that prohibits, except as provided in this section, the consumer reporting agency from releasing the protected consumer's credit report or any information derived from the protected consumer's credit report.
100.545(1)(g) (g) “Sufficient proof of authority' means documentation that shows a representative has authority to act on behalf of a protected consumer, including any of the following:
100.545(1)(g)1. 1. An order issued by a court.
100.545(1)(g)2. 2. A lawfully executed and valid power of attorney.
100.545(1)(g)3. 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.
100.545(1)(h) (h) “Sufficient proof of identification" means information or documentation that identifies a protected consumer or a representative of a protected consumer, including any of the following:
100.545(1)(h)1. 1. A social security number or a copy of a social security card issued by the social security administration.
100.545(1)(h)2. 2. A certified or official copy of a birth record issued by the entity authorized to issue the birth record.
100.545(1)(h)3. 3. A copy of an operator's license issued under ch. 343 or under a comparable law of another state, an identification card issued under s. 343.50 or under a comparable law of another state, or any other government issued identification.
100.545(2) (2)Exceptions. This section does not apply to the use of a protected consumer's credit report or record by any of the following:
100.545(2)(a) (a) A person administering a credit file monitoring subscription service to which the protected consumer has subscribed or the representative of the protected consumer has subscribed on behalf of the protected consumer.
100.545(2)(b) (b) A person providing the protected consumer or the protected consumer's representative with a copy of the protected consumer's credit report on request of the protected consumer or the protected consumer's representative.
100.545(2)(c) (c) A person exempted under s. 100.54 (8) from the requirements of s. 100.54.
100.545(2)(d) (d) An insurance company for the purpose of conducting its ordinary business.
100.545(2)(e) (e) A consumer reporting agency's database or file that consists of information concerning, and used for, one or more of the following, but not for credit granting purposes:
100.545(2)(e)1. 1. Criminal record information.
100.545(2)(e)2. 2. Fraud prevention or detection.
100.545(2)(e)3. 3. Personal loss history information.
100.545(2)(e)4. 4. Employment, tenant, or other background screening.
100.545(3) (3)Placement of security freeze.
100.545(3)(a) (a) A consumer reporting agency shall place a security freeze for a protected consumer if the consumer reporting agency receives a request from the protected consumer's representative for the placement of the security freeze and the protected consumer's representative does all of the following:
100.545(3)(a)1. 1. Submits the request to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency.
100.545(3)(a)2. 2. Provides to the consumer reporting agency sufficient proof of identification of the protected consumer and the representative.
100.545(3)(a)3. 3. Provides to the consumer reporting agency sufficient proof of authority to act on behalf of the protected consumer.
100.545(3)(a)4. 4. Pays to the consumer reporting agency a fee as provided in sub. (5).
100.545(3)(b) (b) If a consumer reporting agency does not have a file pertaining to a protected consumer when the consumer reporting agency receives a request under par. (a), the consumer reporting agency shall create a record for the protected consumer. Upon receiving the request, the consumer reporting agency shall verify that no file pertains to the protected consumer by checking for existing files relating to the protected consumer's name and social security number and for existing files relating only to the protected consumer's social security number. A record created under this paragraph may not be used to consider the protected consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.
100.545(3)(c) (c) Within 30 days after receiving a request that meets the requirements of par. (a), a consumer reporting agency shall place a security freeze for the protected consumer.
100.545(3)(d) (d) Unless a security freeze for a protected consumer is removed in accordance with sub. (4) or (6), a consumer reporting agency may not release the protected consumer's credit report, any information derived from the protected consumer's credit report, or any record created for the protected consumer.
100.545(3)(e) (e) A security freeze for a protected consumer placed under par. (c) remains in effect until one of the following occurs:
100.545(3)(e)1. 1. The protected consumer or the protected consumer's representative requests the consumer reporting agency to remove the security freeze in accordance with sub. (4).
100.545(3)(e)2. 2. The security freeze is removed in accordance with sub. (6).
100.545(4) (4)Removal of security freeze.
100.545(4)(a) (a) 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 do all of the following:
100.545(4)(a)1. 1. Submit a request for the removal of the security freeze to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency.
100.545(4)(a)2. 2. Provide to the consumer reporting agency sufficient proof of identification of the protected consumer and one of the following:
100.545(4)(a)2.a. a. For a request by the protected consumer, 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.
100.545(4)(a)2.b. b. For a request by the representative of the protected consumer, sufficient proof of identification of the representative and sufficient proof of authority to act on behalf of the protected consumer.
100.545(4)(a)3. 3. Pay to the consumer reporting agency a fee as provided in sub. (5).
100.545(4)(b) (b) Within 30 days after receiving a request that meets the requirements of par. (a), the consumer reporting agency shall remove the security freeze for the protected consumer.
100.545(5) (5)Fees.
100.545(5)(a) (a) Except as provided in par. (b), a consumer reporting agency may not charge a fee for any service performed under this section.
100.545(5)(b) (b) A consumer reporting agency may charge a reasonable fee, not exceeding $10, for each placement or removal of a security freeze for a protected consumer.
100.545(5)(c) (c) Notwithstanding par. (b), a consumer reporting agency may not charge any fee under this section if any of the following applies:
100.545(5)(c)1. 1. The protected consumer's representative has obtained a police report or affidavit of alleged identity fraud against the protected consumer and provides a copy of the report or affidavit to the consumer reporting agency.
100.545(5)(c)2. 2. A request for the placement or removal of a security freeze is for a protected consumer who is under the age of 16 years at the time of the request and the consumer reporting agency has a file pertaining to the protected consumer.
100.545(6) (6)Material misrepresentations. A consumer reporting agency may remove a security freeze for a protected consumer or delete a record of a protected consumer if the security freeze was placed or the record was created based on a material misrepresentation of fact by the protected consumer or the protected consumer's representative.
100.545(7) (7)Penalty; enforcement.
100.545(7)(a) (a) A person who violates this section may be required to forfeit not more than $1,000 for each violation.
100.545(7)(b) (b) The department of agriculture, trade and consumer protection or the department of justice, after consulting with the department of agriculture, trade and consumer protection, may bring an action for temporary or permanent injunctive or other relief for any violation of this section or an action for the penalty authorized in par. (a).
100.545 History History: 2013 a. 78; 2017 a. 334.
100.55 100.55 Furnishing or using certain consumer loan information to make solicitations.
100.55(1)(1)In this section:
100.55(1)(a) (a) “Consumer" has the meaning given in 15 USC 1681a (c).
100.55(1)(b) (b) “Consumer report" has the meaning given in 15 USC 1681a (d).
100.55(1)(c) (c) “Consumer reporting agency" has the meaning given in 15 USC 1681a (f).
100.55(1)(d) (d) “Lender" means any of the following:
100.55(1)(d)1. 1. A financial institution, as defined in s. 214.01 (1) (jn).
100.55(1)(d)2. 2. A finance company licensed under ss. 138.09 or 218.0101 to 218.0163.
Loading...
Loading...
2017-18 Wisconsin Statutes updated through 2019 Wis. Act 50 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on December 6, 2019. Published and certified under s. 35.18. Changes effective after December 6, 2019, are designated by NOTES. (Published 12-6-19)