Security freeze - exemptions.

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(1) (a) Except as specified in subsection (1)(b) of this section, sections 5-18-112 to 5-18-114 do not apply to a consumer reporting agency that:

  1. Acts only as a reseller of credit information by assembling and merging informationcontained in the database of another consumer reporting agency or multiple consumer reporting agencies; and

  2. Does not maintain a permanent database of credit information from which new consumer reports or records are produced.

(b) A consumer reporting agency shall honor any security freeze placed on a consumer report or record by another consumer reporting agency.

(2) The following entities are not required to place a security freeze in a consumer report or record:

  1. A check service or company or fraud prevention service or company that issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments;

  2. A deposit account information service or company that issues reports regarding account closures due to fraud, substantial overdrafts, or automatic teller machine abuse or similar negative information regarding a consumer or protected consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution;

  3. A fraud prevention service or company issuing reports to prevent or investigate fraud.

Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1129, § 3, effective August 9. L. 2018: (1), IP(2), and (2)(b) amended, (HB 18-1233), ch. 75, p. 655, § 5, effective January 1, 2019.

Editor's note: This section is similar to former § 12-14.3-106.9 as it existed prior to 2017.


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