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1. The individual requests the credit reporting agency to release the credit
5report to the 3rd party or eligible user under sub. (2) (b).
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2. The individual provides the credit reporting agency a subsequent written
7notice by certified mail that rescinds the notice provided under sub. (2) (a) 1. and
8includes with the notice the unique personal identification number or password
9described in sub. (2) (a) 3. No later than 3 business days after receipt of the notice,
10the credit reporting agency shall eliminate the restrictions on access to the
11individual's credit report that are otherwise required under sub. (2) (a) 1.
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3. The individual makes a material misrepresentation of fact in a notice under
13sub. (2) (a) 1., provided that the credit reporting agency notifies the individual in
14writing about the misrepresentation at least 5 business days before the credit
15reporting agency releases the credit report to 3rd parties.
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(b) If a credit reporting agency releases an individual's credit report to a 3rd
17party to whom the credit reporting agency is not authorized to release the report
18under par. (a), the credit reporting agency shall, no later than 5 business days after
19releasing report, notify the individual about the release. The notification shall
20identify the 3rd party and the information released to the 3rd party.
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21(4) Exceptions. This section does not apply to the credit reports of an individual
22that a credit reporting agency releases to, or for, any of the following:
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(a) A person, or subsidiary, affiliate, agent, or assignee of a person, with whom
24the individual has or, prior to assignment, had an account, contract, or
1debtor-creditor relationship, for the purpose of account review or collection of a
2financial obligation owing on the account, contract, or debt.
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(b) A subsidiary, affiliate, agent, assignee, or prospective assignee of a 3rd party
4or eligible user to whom the credit reporting agency is allowed to release a credit
5report under sub. (3) (a).
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(c) A court, state or local governmental agency, or law enforcement agency.
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(d) A person acting pursuant to a court order, warrant, or subpoena.
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(e) The department of workforce development or a county child support agency
9for the purpose of enforcing support or maintenance obligations owed by the
10individual.
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(f) The department of health and family services or the department of
12workforce development for the purpose of investigating suspected fraudulent
13activity regarding the Wisconsin works program under ss. 49.141 to 49.161, medical
14assistance under subch. IV of ch. 49, food stamp benefits under the food stamp
15program under
7 USC 2011 to
2036, supplemental security income payments under
16s. 49.77, payments for the support of children of supplemental security income
17recipients under s. 49.775, or health care benefits under the Badger Care health care
18program under s. 49.665.
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(g) The department of revenue for the purpose of collecting delinquent taxes.
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(h) The use of credit information for the purposes of prescreening as provided
21under
15 USC 1681b (c).
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(i) A person administering a credit file monitoring subscription service to which
23the individual has subscribed.
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(j) A person for the purpose of providing an individual with a copy of his or her
25credit report upon the individual's request.
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1(5) Third parties. (a) If a 3rd party requests access to a credit report that a
2credit reporting agency may not release to the 3rd party under this section, then all
3of the following apply:
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1. If the 3rd party's request is in connection with the individual's application
5to the 3rd party for credit or any other purpose, the 3rd party may treat the
6application as incomplete.
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2. The credit reporting agency shall notify the individual about the request.
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(b) This section does not prohibit a credit reporting agency from advising a 3rd
9party that an individual has provided a notice under sub. (2) (a) and that the credit
10reporting agency must obtain the individual's authorization before releasing the
11individual's credit report.
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12(6) Fees. (a) Except as provided in par. (b), a credit reporting agency may not
13charge a fee to an individual for providing notice under sub. (2) (a), making a request
14under sub. (2) (b), rescinding a notice under sub. (3) (a) 2., or taking any other action
15allowed under this section.
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(b) If an individual fails to retain the personal identification number or
17password specified in sub. (2) (a) 3., a credit reporting agency may not charge the
18individual a fee for reissuing the personal identification number or password or
19issuing a new personal identification number or password, but the credit reporting
20agency may charge the individual a fee of no more than $5 for each subsequent
21reissuance or issuance.
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22(7) Notice. Whenever a consumer reporting agency is required to provide an
23individual with a notice under
15 USC 1681g regarding consumer rights under the
24federal credit reporting law, the consumer reporting agency shall also provide the
25individual with a notice in 12-point type in substantially the following form:
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1RIght to restrict access to credit reports
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Under Wisconsin law, you may restrict access to your credit report at no charge
3to protect your privacy and ensure that credit is not granted in your name without
4your knowledge. Wisconsin law provides this right so that you can prevent credit,
5loans, and services from being approved in your name without your consent. If you
6exercise this right, you can prohibit a consumer credit reporting agency from
7releasing any information in your credit report without your express authorization.
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If you notify a credit reporting agency that you want to exercise this right, the
9credit reporting agency must, within 5 business days after receiving the notice,
10provide you with a personal identification number or password, which you may use
11for authorizing the release of your credit report to a specific party or to any party for
12a specified period of time. Within 3 business days after you authorize the release of
13your credit report, the credit reporting agency must make the report available to the
14party you specified or for the period of time you specified.
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The right described above does not apply if a party with whom you have an
16existing account, contract, or debtor-creditor relationship requests your credit
17report for certain account review activities.
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If you are actively seeking credit, you should understand that, if you exercise
19the right described above, you may delay your applications for credit. You should
20plan ahead and authorize release of your credit report a few days before you actually
21apply for credit.
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If you exercise the right describe above, Wisconsin law allows you to bring a civil
23action against a credit reporting agency that releases your credit report without your
24authorization.
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1(8) Private cause of action. Any person who suffers damages as the result of
2another person's violation of this section may bring an action against the violator for
3injunctive relief and to recover the amount of those damages or $10,000 for each
4violation, whichever is greater. Notwithstanding s. 814.04 (1), in an action under
5this subsection, the court shall award a prevailing plaintiff reasonable attorney fees
6and costs of the investigation and litigation.".