(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.