Print Friendly HOUSE BILL NO. 111 – Personal identity theft/consumr rpt
HOUSE BILL NO. 111
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H0111................................by JUDICIARY, RULES AND ADMINISTRATION
PERSONAL IDENTITY - Adds to existing consumer protection law to provide for
the blocking of consumer reporting information when that information is a
result of the crime of misappropriating personal identifying information;
to provide exceptions; and to provide remedies.
01/26 House intro - 1st rdg - to printing
01/27 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 111
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO ACTIONS BY CONSUMER REPORTING AGENCIES; AMENDING TITLE 28, IDAHO
3 CODE, BY THE ADDITION OF NEW CHAPTER 50, TITLE 28, IDAHO CODE, TO DEFINE
4 TERMS AND TO PROVIDE FOR THE BARRING OF INFORMATION OCCURRING AS A RESULT
5 OF A VIOLATION OF THE CRIMINAL CODE SECTION MAKING IT A VIOLATION TO
6 MISAPPROPRIATE PERSONAL IDENTIFYING INFORMATION, TO PROVIDE EXCEPTIONS AND
7 TO PROVIDE REMEDIES.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Title 28, Idaho Code, be, and the same is hereby amended
10 by the addition thereto of a NEW CHAPTER , to be known and desig-
11 nated as Chapter 50, Title 28, Idaho Code, and to read as follows:
12 CHAPTER 50
13 IDENTITY THEFT
14 28-50-101. DEFINITIONS. As used in this section and section 28-50-102,
15 Idaho Code, the following terms have the following meanings:
16 (1) "Consumer credit report" means any written, oral or other communica-
17 tion of any information by a consumer reporting agency bearing on a consumer's
18 creditworthiness, credit standing, or credit capacity, character, general rep-
19 utation, personal characteristics, or mode of living which is used or is
20 expected to be used, or collected in whole or in part for the purpose of serv-
21 ing as a factor in establishing the consumer's eligibility for credit or
22 insurance for personal, family or household purposes, employment purposes or
23 other purpose authorized under sections 603 and 604 of the fair credit report-
24 ing act, 15 USC sections 1681a and 1681b, as amended. The term does not
26 (a) Any report containing information solely as to transactions or expe-
27 riences between the consumer and the person making the report;
28 (b) Any communication of that information among persons related by common
29 ownership or affiliated by corporate control;
30 (c) Any communication of other information among persons related by com-
31 mon ownership or affiliated by corporate control, if it is clearly and
32 conspicuously disclosed to the consumer that the information may be commu-
33 nicated among such persons and the consumer is given opportunity before
34 the time that the information is initially communicated, to direct that
35 the information not be communicated among such persons;
36 (d) Any authorization or approval of a specific extension of credit
37 directly or indirectly by the issuers of a credit card or similar device;
38 (e) Any report in which a person who has been requested by a third party
39 to make a specific extension of credit directly or indirectly to a con-
40 sumer conveys his or her decision with respect to such request, if the
41 third party advises the consumer of the name and address of the person to
42 whom the request was made and the person makes the disclosures to the con-
1 sumer required under section 615 of the fair credit reporting act, 15 USC
2 section 1681m, as amended.
3 (2) "Consumer reporting agency" means a person that, for monetary fees,
4 dues or on a cooperative nonprofit basis, regularly engages in whole or in
5 part in the practice of assembling or evaluating consumer credit information
6 or other information on consumers for the purpose of furnishing consumer
7 reports to third parties.
8 (3) "Person" means any individual, partnership, corporation, trust,
9 estate, cooperative, association, government or governmental subdivision or
10 agency or other entity.
11 28-50-102. BLOCK OF INFORMATION APPEARING AS A RESULT OF A VIOLATION OF
12 CRIMINAL CODE PROVISION PROHIBITING MISAPPROPRIATION OF PERSONAL INFORMATION.
13 (1) If a consumer submits to a consumer reporting agency a copy of a valid
14 police report setting forth facts sufficient to establish a violation of sec-
15 tion 18-3126, Idaho Code, the consumer reporting agency shall promptly and
16 permanently block reporting any information that the consumer alleges appears
17 on his or her credit report as a result of the violation of section 18-3126,
18 Idaho Code, so that the information cannot be reported. The consumer reporting
19 agency shall promptly notify the furnisher of the information that the infor-
20 mation has been so blocked.
21 (2) Furnishers of information and consumer reporting agencies may rescind
22 any block of credit information if it is established that:
23 (a) The information was blocked due to fraud; or
24 (b) The consumer agrees that the blocked information, or portions of the
25 blocked information, were blocked in error; or
26 (c) The consumer knowingly obtained possession of goods, services, or
27 moneys as a result of the blocked transaction or transactions or the con-
28 sumer should have known that he or she obtained possession of goods, ser-
29 vices or moneys as a result of the blocked transaction or transactions.
30 (3) If the block of information is rescinded pursuant to this section,
31 the consumer shall be promptly notified in the same manner as consumers are
32 notified of the reinsertion of information pursuant to section 611 of the fair
33 credit reporting act, 15 USC section 1681i, as amended. The prior presence of
34 the blocked information in the consumer reporting agency's file on the con-
35 sumer is not evidence of whether the consumer knew or should have known that
36 he or she obtained possession of any goods, services or moneys.
37 (4) A consumer harmed by a consumer reporting agency's violation of this
38 section may maintain an action for legal damages and injunctive relief against
39 the consumer reporting agency.
STATEMENT OF PURPOSE
This legislation provides civil remedies for victims of identity theft. Victims of identity theft
often have their personal credit ruined as a result of the theft. The legislation provides that a
victim of the crime could block any adverse credit reports resulting from the crime by filing
the police report of the crime with the credit reporting agency. The legislation provides legal
and injunctive relief for consumers against reporting agencies who refuse to clear the credit
record of the consumer.
There is no fiscal impact upon the general fund of the State of Idaho.
CONTACT: Representative Tom Trail
William A. von Tagen, Deputy Attorney General
Division Chief, Intergovernmental and Fiscal Law Division
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 111