TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 52

CREDIT REPORT PROTECTION ACT

28-52-102.  Definitions. In this chapter:

(1)  "Consumer" means a natural person.

(2)  "Consumer reporting agency" means a person who, for fees, dues or on a cooperative basis, regularly engages in whole or in part in the practice of assembling or evaluating information concerning a consumer’s credit or other information for the purpose of furnishing a credit report to another person.

(3)  "Credit report" means a consumer report, as defined in 15 U.S.C. section 1681a, that is used or collected, in whole or in part, for the purpose of serving as a factor in establishing a consumer’s eligibility for credit for personal, family or household purposes.

(4)  "Personal information" means personally identifiable financial information provided by a consumer to another person, resulting from any transaction with the consumer or any service performed for the consumer or otherwise obtained by another person. Personal information does not include publicly available information, as that term is defined by regulations prescribed under 15 U.S.C. section 6804, or any list, description or other grouping of consumers, and publicly available information pertaining to consumers that is derived without using any nonpublic personal information. Notwithstanding the foregoing, "personal information" includes any list, description or other grouping of consumers, and publicly available information pertaining to the consumers, that is derived using any nonpublic personal information other than publicly available information.

(5)  "Proper identification" has the same meaning as in 15 U.S.C. section 1681h(a)(1) and includes:

(a)  The consumer’s full name, including first, middle and last names and any suffix;

(b)  Any name the consumer previously used;

(c)  The consumer’s current and recent full addresses, including street address, any apartment number, city, state and zip code;

(d)  The consumer’s social security number; and

(e)  The consumer’s date of birth.

(6)  "Security freeze" means a prohibition, consistent with section 28-52-103, Idaho Code, on a consumer reporting agency’s furnishing of a consumer’s credit report to a third party intending to use the credit report to determine the consumer’s eligibility for credit.

History:

[28-52-102, added 2008, ch. 177, sec. 2, p. 523.]