LRB-4353/1
KP:kjf
2017 - 2018 LEGISLATURE
October 18, 2017 - Introduced by Senators Testin, Risser, Cowles, Larson,
Wanggaard, Nass, Ringhand and Darling, cosponsored by Representatives
Ott, Snyder, C. Taylor, Rohrkaste, Doyle, Jagler, Anderson, Berceau,
Tusler, Brostoff, Born, Kolste, Duchow, Horlacher, Crowley, Edming,
Felzkowski, Pope, Kuglitsch, Spreitzer, E. Brooks, Macco and Subeck.
Referred to Committee on Government Operations, Technology and
Consumer Protection.
SB462,1,6 1An Act to repeal 100.54 (2) (a) 3., 100.54 (4) (a) 4., 100.54 (6) (a) 3., 100.54 (9)
2(b), 100.545 (3) (a) 4., 100.545 (4) (a) 3., 100.545 (5) (b) and 100.545 (5) (c); to
3renumber and amend
100.54 (9) (a) and 100.545 (5) (a); and to amend 100.54
4(2) (b) (intro.), 100.54 (4) (b), 100.54 (6) (b), 100.54 (9) (title), 100.54 (11) and
5100.545 (5) (title) of the statutes; relating to: fees related to security freezes
6on consumer credit reports.
Analysis by the Legislative Reference Bureau
This bill prohibits a credit reporting agency from charging a fee for any of the
following: 1) a request made by a person to place a security freeze on the person's
consumer credit report; 2) a request made by an authorized representative to place
a security freeze on the consumer credit report of a person who is under the age of
16 or for whom a guardian or conservator has been appointed; 3) an authorization
made by a person to release a consumer credit report despite a security freeze; 4) a
request made by a person to remove a security freeze from the person's consumer
credit report; and 5) a request made by an authorized representative to remove a
security freeze from the consumer credit report of a person who is under the age of
16 years or for whom a guardian or conservator has been appointed. Under current
law, a security freeze on a person's consumer credit report prohibits a credit reporting
agency from releasing the consumer credit report for any purpose related to the
extension of credit without prior authorization.

Current law generally permits a credit reporting agency to charge a fee of up
to $10 for each request to place a security freeze on a consumer credit report, for each
authorization to release a consumer credit report despite a security freeze, and for
each request to remove a security freeze from a consumer credit report, except that
no fee may be charged for requests concerning the consumer credit report of a person
who is the victim of alleged unauthorized use of personal identifying information or
documents.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB462,1 1Section 1. 100.54 (2) (a) 3. of the statutes is repealed.
SB462,2 2Section 2. 100.54 (2) (b) (intro.) of the statutes is amended to read:
SB462,2,73 100.54 (2) (b) (intro.) No later than 5 business days after an individual satisfies
4the requirements under par. (a) 1. to 3., a consumer reporting agency shall include
5a security freeze with the individual's consumer report. No later than 10 business
6days after including the security freeze with the consumer report, the consumer
7reporting agency shall send the individual a notice that does all of the following:
SB462,3 8Section 3. 100.54 (4) (a) 4. of the statutes is repealed.
SB462,4 9Section 4. 100.54 (4) (b) of the statutes is amended to read:
SB462,2,1710 100.54 (4) (b) If an individual satisfies the requirements under par. (a) 1. to 4.,
11the consumer reporting agency shall release the individual consumer report during
12the time period specified by the individual, except that a consumer reporting agency
13is not required to release a consumer report sooner than 3 business days after the
14individual contacts the consumer reporting agency under par. (a) 1. A consumer
15reporting agency may establish procedures for releasing consumer reports sooner
16than 3 business days for individuals who satisfy the requirements under par. (a) 1.
17to 4.
by telephone, facsimile, or the Internet, or by use of other electronic media.
SB462,5 18Section 5. 100.54 (6) (a) 3. of the statutes is repealed.
SB462,6
1Section 6. 100.54 (6) (b) of the statutes is amended to read:
SB462,3,62 100.54 (6) (b) If an individual requests removal of a security freeze under par.
3(a), the consumer reporting agency shall remove the security freeze from the
4individual's consumer report no later than 3 business days after the individual
5satisfies the requirements under par. (a) 1. to 3. and the consumer reporting agency's
6release of the report is no longer subject to this section.
SB462,7 7Section 7. 100.54 (9) (title) of the statutes is amended to read:
SB462,3,88 100.54 (9) (title) Fees Fee prohibited.
SB462,8 9Section 8. 100.54 (9) (a) of the statutes is renumbered 100.54 (9) and amended
10to read:
SB462,3,1511 100.54 (9) Except as provided in par. (b), a A consumer reporting agency may
12not charge an individual a fee of no more than $10 each time that the individual
13requests
for requesting a security freeze under sub. (2), authorizes authorizing
14release of a consumer report under sub. (4), or requests requesting removal of a
15security freeze under sub. (6).
SB462,9 16Section 9. 100.54 (9) (b) of the statutes is repealed.
SB462,10 17Section 10. 100.54 (11) of the statutes is amended to read:
SB462,3,2118 100.54 (11) Notices. Whenever a consumer reporting agency is required to
19provide an individual with a notice under 15 USC 1681g regarding consumer rights
20under the federal credit reporting law, the consumer reporting agency shall also
21provide the individual with the following notice:
SB462,3,22 22“Wisconsin Consumers Have the Right to Obtain a Security Freeze.
SB462,4,1023 You have a right to include a “security freeze" with your credit report, which will
24prohibit a consumer reporting agency from releasing information in your credit
25report in connection with a credit transaction without your express authorization.

1A security freeze must be requested in writing by certified mail or by any other means
2provided by a consumer reporting agency, and a consumer reporting agency may not
3charge a fee for requesting the placement or removal of a security freeze
. The
4security freeze is designed to prevent an extension of credit, such as a loan, from
5being approved in your name without your consent. However, you should be aware
6that using a security freeze to take control over who gets access to the personal and
7financial information in your credit report may delay, interfere with, or prohibit the
8timely approval of any subsequent request or application you make regarding a loan,
9credit, mortgage, or Internet credit card transaction, including an extension of credit
10at point of sale.
SB462,4,1511 When you request a security freeze for your credit report, you will be provided
12a personal identification number or password to use if you choose to remove the
13security freeze from your credit report or authorize the release of your credit report
14for a period of time after the security freeze is in place. To provide that authorization
15you must contact the consumer reporting agency and provide all of the following:
SB462,4,1616 (1) The personal identification number or password.
SB462,4,1717 (2) Proper identification to verify your identity.
SB462,4,1818 (3) The period of time for which the report shall be made available.
SB462,4,19 19(4) Payment of the appropriate fee.
SB462,4,2520 A security freeze does not apply to a person or its affiliates, or collection
21agencies acting on behalf of a person, with which you have an existing account, that
22requests information in your credit report for the purposes of reviewing or collecting
23the account. Reviewing the account includes activities related to account
24maintenance, monitoring, credit line increases, and account upgrades and
25enhancements.
SB462,5,5
1Unless you are a victim of identity theft with a police report to verify the crime,
2a consumer reporting agency has the right to charge you no more than $10 to include
3a security freeze with your credit report, no more than $10 to authorize release of a
4report that includes a security freeze, and no more than $10 to remove a security
5freeze from your credit report.
"
SB462,11 6Section 11. 100.545 (3) (a) 4. of the statutes is repealed.
SB462,12 7Section 12. 100.545 (4) (a) 3. of the statutes is repealed.
SB462,13 8Section 13. 100.545 (5) (title) of the statutes is amended to read:
SB462,5,99 100.545 (5) (title) Fees Fee prohibited.
SB462,14 10Section 14. 100.545 (5) (a) of the statutes is renumbered 100.545 (5) and
11amended to read:
SB462,5,1312 100.545 (5) Except as provided in par. (b), a A consumer reporting agency may
13not charge a fee for any service performed under this section.
SB462,15 14Section 15. 100.545 (5) (b) of the statutes is repealed.
SB462,16 15Section 16. 100.545 (5) (c) of the statutes is repealed.
SB462,5,1616 (End)
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