100.54(5)(c)
(c) The consumer reporting agency included a security freeze with the consumer report due to a material misrepresentation of fact by the individual, if the consumer reporting agency notifies the individual in writing about the misrepresentation before the consumer reporting agency releases the consumer report.
100.54(6)(a)(a) An individual may request removal of a security freeze included with the individual's consumer report by doing all of the following:
100.54(6)(a)1.
1. Contacting the consumer reporting agency using a point of contact designated by the consumer reporting agency.
100.54(6)(a)2.
2. Providing proper identification and the personal identification number, password, or other device specified in
sub. (2) (b) 2.
100.54(6)(b)
(b) If an individual 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 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.
100.54(7)(a)(a) If a 3rd party requests access to an individual's consumer report that includes a security freeze, the request is made in connection with the individual's application for an extension of credit, and the consumer reporting agency is prohibited under this section from releasing the report to the 3rd party, the 3rd party may treat the individual's application as incomplete.
100.54(7)(b)
(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 before releasing the individual's consumer report.
100.54(8)
(8) Exceptions. This section does not apply to an individual's consumer report that a consumer reporting agency releases to, or for, any of the following:
100.54(8)(a)1.a.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; 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.
100.54(8)(a)1.c.
c. An assignee of a financial obligation owing by the individual to a person specified in
subd. 1. a.
100.54(8)(a)1.d.
d. A prospective assignee of a financial obligation owing by the individual to a person specified in
subd. 1. a. in conjunction with the proposed purchase of the financial obligation.
100.54(8)(a)2.
2. For purposes of
subd. 1. a., "reviewing the account" includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.
100.54(8)(b)
(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 under
sub. (4).
100.54(8)(c)
(c) Any state or local agency, law enforcement agency, court, or private collection agency acting pursuant to a court order, warrant, or subpoena.
100.54(8)(e)
(e) The state or its agents or assigns acting to investigate fraud or acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities.
100.54(8)(g)
(g) A person administering a credit file monitoring subscription service or similar service to which the individual has subscribed.
100.54(8)(h)
(h) A person for the purpose of providing an individual with a copy of his or her consumer report upon the individual's request.
100.54(8)(i)
(i) An insurer authorized to do business in this state that uses the consumer report in connection with the underwriting of insurance involving the individual. For purposes of this paragraph, "underwriting" consists of the activities described in the Federal Trade Commission's interpretation of
15 USC 1681b (a) (3) (C) in
16 CFR Part 600, App. A.
100.54(8)(j)
(j) A person who intends to use the information for employment purposes.
100.54(9)(a)(a) Except as provided in
par. (b), a consumer reporting agency may charge an individual a fee of no more than $10 each time that the individual 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).
100.54(9)(b)
(b) A consumer reporting agency may not charge a fee to an individual who submits evidence satisfactory to the consumer reporting agency that the individual 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.
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)(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.
100.55
100.55
Furnishing or using certain consumer loan information to make solicitations. 100.55(1)(d)3.
3. A mortgage banker or mortgage broker licensed under
s. 224.72 or a mortgage loan originator licensed under
s. 224.725.
100.55(1)(d)4.
4. Any other person, not identified in
subds. 1. to
3., the primary business of which is to make loans or engage in lending activities in this state.
100.55(1)(e)
(e) "Nonaffiliated 3rd party" means a person that is not related by common ownership or affiliated by common corporate control.
100.55(1)(g)
(g) "Personal financial data provider" means any person, other than a consumer reporting agency, that regularly engages in whole or in part in the practice of assembling and furnishing to 3rd parties, for a fee or payment of dues, the identity of particular consumers and financial information relating to such consumers that is not generally available to the public, including information derived from any application by these consumers for an extension of credit or other nonpublic personal information, as defined in
15 USC 6809 (4), relating to these consumers.
100.55(1)(h)
(h) "Prescreened consumer report" means a consumer report furnished by a consumer reporting agency under authority of
15 USC 1681b (a) (3) (A) and (c) (1) (B) to a person that the consumer reporting agency has reason to believe intends to use the information in connection with any credit transaction that involves the consumer on whom the information is to be furnished and that is not initiated by this consumer.
100.55(1)(i)
(i) "Trigger lead" means information relating to a consumer that is furnished by a consumer reporting agency or personal financial data provider to a nonaffiliated 3rd party if all of the following apply:
100.55(1)(i)1.
1. The consumer has applied to a lender, other than the 3rd party to whom the information is furnished, for an extension of credit and the lender has provided the consumer's credit application, or information derived from or related to the consumer's credit application, to a consumer reporting agency or personal financial data provider for purposes of obtaining a consumer report or otherwise evaluating or rating the consumer's creditworthiness.
100.55(1)(i)2.
2. The information furnished to the 3rd party includes the consumer's name and address or telephone number, or other information that allows the 3rd party to identify the consumer.
100.55(1)(i)3.
3. The information furnished to the 3rd party contains, with respect to the extension of credit for which the consumer has applied under
subd. 1., any identification of the amount of credit for which the consumer has applied or any other information that is related to the terms and conditions of credit for which the consumer has applied and that is not generally available to the public.
100.55(1)(i)4.
4. The consumer has not authorized the consumer reporting agency or personal financial data provider to provide the information to 3rd parties and has not initiated any credit transaction with the 3rd party.
100.55(1)(i)5.
5. The 3rd party to whom the information is furnished has not extended credit to the consumer on which an unpaid balance remains.
100.55(1)(j)
(j) "Solicit" means the initiation of a communication to a consumer for the purpose of encouraging the consumer to purchase property, goods, or services or apply for an extension of credit. "Solicit" does not include communications initiated by the consumer or directed to the general public.
100.55(2)(a)(a) If any trigger lead is not a prescreened consumer report, no person may furnish the trigger lead to a nonaffiliated 3rd party unless the person reasonably believes that the 3rd party will not use the trigger lead to solicit any consumer identified in the trigger lead.
100.55(2)(b)
(b) Any person that furnishes a trigger lead described in
par. (a) to a nonaffiliated 3rd party shall establish and maintain procedures to reasonably ensure that the trigger lead will not be used to solicit any consumer identified in the trigger lead. These procedures shall include requiring any person that obtains a trigger lead described in
par. (a) to identify the user of the trigger lead and to certify, in a manner similar to that required under
15 USC 1681e (a), the purpose for which the trigger lead is obtained and that the person will not use the trigger lead to solicit any consumer identified in the trigger lead.
100.55(2)(c)
(c) No person that obtains a trigger lead described in
par. (a) may use the trigger lead to solicit any consumer identified in the trigger lead.
100.55(3)(a)(a) If any trigger lead is a prescreened consumer report, a person that obtains a trigger lead and uses the trigger lead to solicit any consumer identified in the trigger lead may not utilize unfair or deceptive practices in soliciting the consumer.
100.55(3)(b)
(b) For purposes of this subsection, unfair or deceptive practices include all of the following:
100.55(3)(b)1.
1. Failure to state in the initial phase of the solicitation that the person soliciting is not the lender, and is not affiliated with the lender, to which the consumer has applied for an extension of credit.
100.55(3)(b)3.
3. Knowingly or negligently utilizing information regarding consumers who have made an election under
15 USC 1681b (e) to be excluded from prescreened consumer reports, who have registered their telephone numbers on the national do-not-call registry as provided in
47 CFR 64.1200, or who are listed in the nonsolicitation directory under
s. 100.52 (2).
100.55(3)(b)4.
4. Soliciting consumers with offers of certain rates, terms, and costs, with intent to subsequently raise the rates or change the terms to the consumers' detriment.
100.55(3)(b)5.
5. Making false or misleading statements in connection with a credit transaction that is not initiated by the consumer.
100.55(4)(a)(a) Any person who violates
sub. (2) or
(3) may be required to forfeit not less than $100 nor more than $1,000 for each violation.
100.55(4)(b)
(b) The department shall investigate violations of this section. The department or the department of justice, after consulting with the department, or any district attorney, upon informing the department, may on behalf of the state:
100.55(4)(b)1.
1. Bring an action for temporary or permanent injunctive or other relief for any violation of this section. In such an action for injunctive relief, irreparable harm is presumed. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of a violation of this section if proof of such loss is submitted to the satisfaction of the court.
100.55(4)(b)2.
2. Bring an action in any court of competent jurisdiction for the penalties authorized under
par. (a).
100.55(4)(c)
(c) In addition to any other remedies, any person aggrieved by a violation of
sub. (2) or
(3) may bring a civil action for damages. In such an action, any person who violates
sub. (2) or
(3) shall be liable for twice the amount of actual damages caused by the violation or $500, whichever is greater, and, notwithstanding
s. 814.04 (1), the costs of the action, including reasonable attorney fees. In such an action, the court may also award any equitable relief that the court determines is appropriate.
100.55 History
History: 2007 a. 76;
2009 a. 2.
