SB283: Bill Text

SB283,5,15 1. Send the request by certified mail to an address designated by the consumer reporting agency, or send the request directly to the consumer reporting agency by any other means that the consumer reporting agency may provide.

SB283,5,18 2. Provide the consumer reporting agency with proper identification for both the representative and the protected individual, along with sufficient proof of the representative's authority to act for the protected individual under this section.

SB283,5,20 (c) Paragraph (a) does not apply to a reseller or to any consumer reporting agency identified in sub. (2) (c) 2. or 3.

SB283,5,23 (d) 1. Subject to subd. 2., a consumer reporting agency may not sell or otherwise furnish to any 3rd party information received in connection with a request to create a record under par. (a).

SB283,6,3 2. A consumer reporting agency may use information received in connection with a request to create a record under par. (a) only for security freeze purposes under this section.

SB283,5 Section 5. 100.54 (3) of the statutes is amended to read:

SB283,6,9 100.54 (3) Prohibition. Except as provided in sub. (8), if an individual's consumer report includes a security freeze, a consumer reporting agency may not release the consumer report to any person for any purpose related to the extension of credit unless the individual or the individual's representative gives prior authorization for the release under sub. (4).

SB283,6 Section 6. 100.54 (4) (a) (intro.) and (b) of the statutes are amended to read:

SB283,6,13 100.54 (4) (a) (intro.) An individual whose consumer report includes a security freeze, or the individual's representative, may authorize a consumer reporting agency to release the report by doing all of the following:

SB283,6,23 (b) If an individual or the individual's representative satisfies the requirements under par. (a) 1. to 4., the consumer reporting agency shall release the individual consumer report during the time period specified by the individual or the individual's representative, except that a consumer reporting agency is not required to release a consumer report sooner than 3 business days after the individual or the individual's representative contacts the consumer reporting agency under par. (a) 1. A consumer reporting agency may establish procedures for releasing consumer reports sooner than 3 business days for individuals who satisfy, or whose representatives satisfy, the requirements under par. (a) 1. to 4. by telephone, facsimile, or the Internet, or by use of other electronic media.

SB283,7 Section 7. 100.54 (5) (a), (b) and (c) of the statutes are amended to read:

SB283,7,2 100.54 (5) (a) The individual or the individual's representative authorizes the release under sub. (4).

SB283,7,4 (b) The individual or the individual's representative requests removal of the security freeze under sub. (6).

SB283,7,9 (c) The consumer reporting agency included a security freeze with the consumer report due to a material misrepresentation of fact by the individual or the individual's representative, if the consumer reporting agency notifies the individual or the individual's representative in writing about the misrepresentation before the consumer reporting agency releases the consumer report.

SB283,8 Section 8. 100.54 (6) (a) (intro.) and (b) of the statutes are amended to read:

SB283,7,13 100.54 (6) (a) (intro.) An individual or the individual's representative may request removal of a security freeze included with the individual's consumer report by doing all of the following:

SB283,7,19 (b) If an individual or the individual's representative requests removal of a security freeze under par. (a), the consumer reporting agency shall remove the security freeze from the individual's consumer report no later than 3 business days after the individual or the individual's representative satisfies the requirements under par. (a) 1. to 3. and the consumer reporting agency's release of the report is no longer subject to this section.

SB283,9 Section 9. 100.54 (6) (c) of the statutes is created to read:

SB283,7,25 100.54 (6) (c) 1. When a protected individual described in sub. (1) (cs) 1. attains the age of 18 years according to the consumer reporting agency's records, the consumer reporting agency shall remove from the individual's consumer report any security freeze previously requested by the individual's representative, as described in sub. (1) (cv) 1.

SB283,8,6 2. When a consumer reporting agency has information that the guardianship, conservatorship, or durable power of attorney for a protected individual described in sub. (1) (cs) 2. or 3. is terminated and there is no successor guardianship, conservatorship, or durable power of attorney, the consumer reporting agency shall remove from the individual's consumer report any security freeze previously requested by the individual's representative, as described in sub. (1) (cv) 2. or 3.

SB283,10 Section 10. 100.54 (7) (b) of the statutes is amended to read:

SB283,8,12 100.54 (7) (b) This section does not prohibit a consumer reporting agency from advising a 3rd party that an individual's consumer report includes a security freeze and that the consumer reporting agency must obtain the individual's authorization, or the authorization of the individual's representative, before releasing the individual's consumer report.

SB283,11 Section 11. 100.54 (8) (a) 1. a., (b), (g) and (h) of the statutes are amended to read:

SB283,8,23 100.54 (8) (a) 1. a. A person with whom the individual has, or had prior to assignment, an account or contract, including a demand deposit account; a person to whom the individual issued or is otherwise personally liable on a negotiable instrument; or a person who otherwise has a legitimate business need for the information in connection with a business transaction initiated by the individual or the individual's representative; for the purpose of preventing or investigating potential fraud or theft of identity, reviewing the account, collecting the financial obligation owing for the account, contract, or negotiable instrument, or conducting the business transaction.

SB283,9,2 (b) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom the consumer reporting agency has released the consumer report during the time period authorized by the individual or the individual's representative under sub. (4).

SB283,9,5 (g) A person administering a credit file monitoring subscription service or similar service to which the individual or the individual's representative has subscribed.

SB283,9,8 (h) A person for the purpose of providing an individual or the individual's representative with a copy of his or her the individual's consumer report upon the individual's request of the individual or the individual's representative.

SB283,12 Section 12. 100.54 (9) of the statutes is amended to read:

SB283,9,14 100.54 (9) Fees. (a) Except as provided in par. (b), a consumer reporting agency may charge an individual or the individual's representative a fee of no more than $10 each time that the individual or the individual's representative requests a security freeze under sub. (2), authorizes release of a consumer report under sub. (4), or requests removal of a security freeze under sub. (6).

SB283,9,21 (b) A consumer reporting agency may not charge a fee to an individual or the individual's representative who submits evidence satisfactory to the consumer reporting agency that the individual or the individual's representative made a report to a law enforcement agency under s. 943.201 (4) regarding the individual's personal identifying information or a personal identifying document. A copy of a law enforcement agency's report under s. 943.201 (4) is considered satisfactory evidence for purposes of this paragraph.

SB283,13 Section 13. 100.54 (9) (c) of the statutes is created to read:

SB283,9,24 100.54 (9) (c) A consumer reporting agency may not charge an individual or the individual's representative a fee in connection with any request under sub. (2m).

SB283,14 Section 14. 100.54 (10) (a) of the statutes is amended to read:

SB283,10,8 100.54 (10) (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 and, if the individual is a protected individual, to the individual's representative. If the notice concerns a change of address, the consumer reporting agency shall send the notice to both the new and former address.

SB283,15 Section 15. 100.54 (10) (c) of the statutes is created to read:

SB283,10,16 100.54 (10) (c) 1. If a representative described in sub. (1) (cv) 1. makes a request for a security freeze under sub. (2), or a request to create a record under sub. (2m), with respect to a protected individual described in sub. (1) (cs) 1., when the protected individual attains the age of 18 years according to the consumer reporting agency's records, the consumer reporting agency may not honor requests from the representative and any further requests or actions under this section with respect to the individual shall be made by the individual.

SB283,11,2 2. If a representative described in sub. (1) (cv) 2. or 3. makes a request for a security freeze under sub. (2), or a request to create a record under sub. (2m), with respect to a protected individual described in sub. (1) (cs) 2. or 3., and the guardianship, conservatorship, or durable power of attorney is terminated, the representative shall notify the consumer reporting agency. Upon receiving this notice, or if the consumer reporting agency's own records show that the guardianship, conservatorship, or durable power of attorney is terminated, the consumer reporting agency may not honor requests from the representative and any further requests or actions under this section with respect to the protected individual shall be made by the individual or by a successor representative.

SB283,16 Section 16. 100.54 (12) of the statutes is amended to read:

SB283,11,7 100.54 (12) Rules. The department shall promulgate rules specifying what constitutes proper identification for purposes of subs. (2) (a) 2., (2m) (b) 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.

SB283,17 Section 17 . Nonstatutory provisions.

SB283,11,13 (1) Proposed permanent rules. The department of agriculture, trade and consumer protection shall submit in proposed form the rules required under section 100.54 (12) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this subsection.

SB283,11,14 (2) Rule-making exceptions for permanent rules.

SB283,11,18 (a) Notwithstanding section 227.135 (2) of the statutes, the department of agriculture, trade and consumer protection is not required to present the statement of the scope of the rules required under section 100.54 (12) of the statutes, as affected by this act, to the governor for approval.

SB283,11,22 (b) Notwithstanding section 227.185 of the statutes, the department of agriculture, trade and consumer protection is not required to present the rules required under section 100.54 (12) of the statutes, as affected by this act, in final draft form to the governor for approval.

SB283,12,2 (c) Notwithstanding section 227.137 (2) of the statutes, the department of agriculture, trade and consumer protection is not required to prepare an economic impact analysis for the rules required under section 100.54 (12) of the statutes, as affected by this act.

SB283,12,7 (d) Notwithstanding sections 227.14 (2g) and 227.19 (3) (e) of the statutes, the department of agriculture, trade and consumer protection is not required to submit the proposed rules required under section 100.54 (12) of the statutes, as affected by this act, to the small business regulatory review board and is not required to prepare a final regulatory flexibility analysis for those rules.

SB283,12,21 (3) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of agriculture, trade and consumer protection shall promulgate the rules required under section 100.54 (12) of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section 100.54 (12) of the statutes, as affected by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection. Notwithstanding section 227.24 (1) (e) 1d. and 1g. of the statutes, the department is not required to prepare a statement of the scope of the rules promulgated under this subsection or present the rules to the governor for approval.

SB283,18 Section 18. Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows:

SB283,12,24 (1) Section 17 of this act takes effect on the day after publication.

SB283,12,25 (End)