TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 52

CREDIT REPORT PROTECTION ACT

28-52-104.  Removal of security freeze — Requirements and timing. (1) A consumer reporting agency may remove a security freeze from a consumer’s credit report only if the consumer reporting agency receives the consumer’s request through a contact method established and required in accordance with subsection (6) of section 28-52-103, Idaho Code, and the consumer reporting agency receives the consumer’s proper identification and other information sufficient to identify the consumer, including the consumer’s personal identification number or password; or the consumer makes a material misrepresentation of fact in connection with the placement of the security freeze and the consumer reporting agency notifies the consumer in writing before removing the security freeze.

(2)  A consumer reporting agency shall temporarily lift a security freeze upon receipt of the consumer’s request through the contact method established by the consumer reporting agency in accordance with subsection (6) of section 28-52-103, Idaho Code, along with:

(a)  The consumer’s proper identification and other information sufficient to identify the consumer;

(b)  The consumer’s personal identification number or password;

(c)  The proper information regarding the third party who is to receive the credit report or the time period for which the credit report is to be available to users of the credit report; and

(d)  A fee, if applicable.

(3)  A consumer reporting agency shall remove or temporarily lift a security freeze from a consumer’s credit report as follows:

(a)  Except as provided in paragraph (b) of this subsection regarding temporary lifts, within three (3) business days after the business day on which the consumer’s written request to remove or temporarily lift the security freeze is received by the consumer reporting agency using a contact method chosen by the consumer reporting agency in accordance with subsection (6) of section 28-52-103, Idaho Code; and

(b)  On and after September 1, 2008, within fifteen (15) minutes after the consumer’s request to temporarily lift the security freeze is received by the consumer reporting agency through the electronic contact method chosen by the consumer reporting agency in accordance with subsection (6) of section 28-52-103, Idaho Code, if such request is received between 6:00 a.m. and 9:30 p.m. mountain time.

(4)  A consumer reporting agency need not remove or temporarily lift a security freeze within the time specified in subsection (3) of this section if the consumer fails to meet the requirements of subsection (1) or (2) of this section, as applicable, or the consumer reporting agency’s ability to remove the security freeze within such time is prevented by:

(a)  An act of God, including fire, earthquake, hurricane, storm or similar natural disaster or phenomenon;

(b)  Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrence;

(c)  Operation interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruption;

(d)  Governmental action, including emergency order or regulation, judicial or law enforcement action or similar directive;

(e)  Regularly scheduled maintenance, during other than normal business hours, of, or updates to, the consumer reporting agency’s systems;

(f)  Commercially reasonable maintenance of, or repair to, the consumer reporting agency’s systems that is unexpected or unscheduled; or

(g)  Receipt of a removal request outside of normal business hours.

History:

[28-52-104, added 2008, ch. 177, sec. 2, p. 524.]