Vermont § 2483a - Security freeze for protected consumer; time in effect

§ 2483a. Security freeze for protected consumer; time in effect

• (a) A consumer reporting agency shall place a security freeze for a protected consumer
  if the protected consumer’s representative submits a request, including proper authority,
  to the address and in the manner specified by the consumer reporting agency. (b) If a consumer reporting agency does not have a file that pertains to a protected consumer
  when the consumer reporting agency receives a request described in subsection (a)
  of this section, the consumer reporting agency shall create a record for the protected
  consumer. (c) The credit reporting agency shall: (1) place a security freeze not later than 30 days after the date the agency receives
  a request pursuant to subsection (a) of this section; and (2) not later than 10 business days after placing the freeze: (A) send a written confirmation of the security freeze to the protected consumer or the
  protected consumer’s representative; and (B) provide a unique personal identification number or password, other than a Social Security
  number, or another method of authentication that is equally or more secure than a
  PIN or password, to be used to authorize the release of the protected consumer’s credit
  for a specific party, parties, or period of time. (d)(1) A credit reporting agency shall lift temporarily a protected consumer security freeze
  to allow access by a specific party or parties or for a specific period of time, upon
  a request from the protected consumer’s representative. (2) The protected consumer’s representative shall submit the request to the address and
  in the manner specified by the consumer reporting agency. (3) The request shall include: (A) proper authority; and (B) the unique personal identification number, password, or other method of authentication
  provided by the credit reporting agency pursuant to subsection (c) of this section. (e) A credit reporting agency may develop procedures involving the use of telephone, fax,
  the Internet, or other electronic media to receive and process a request to lift temporarily
  a freeze on a credit report pursuant to subsection (d) of this section in an expedited
  manner. (f) A credit reporting agency that receives a request to lift temporarily a freeze on
  a credit report pursuant to subsection (d) of this section shall comply with the request
  not later than three business days after receiving the request. (g) A credit reporting agency shall remove or lift temporarily a freeze placed on a protected
  consumer’s credit report only in the following cases: (1) Upon request, pursuant to subsection (d) or (j) of this section. (2) If the protected consumer’s credit report was frozen due to a material misrepresentation
  of fact by the protected consumer or by his or her representative. If a credit reporting
  agency intends to remove a freeze upon a protected consumer’s credit report pursuant
  to this subdivision, the credit reporting agency shall notify the protected consumer
  and his or her representative in writing prior to removing the freeze on the consumer’s
  credit report. (h) If a third party requests access to a credit report on which a protected consumer
  security freeze is in effect and this request is in connection with an application
  for credit or any other use and neither the consumer subject to the protected consumer
  security freeze nor the protected consumer’s representative allows the credit report
  to be accessed for that specific party or period of time, the third party may treat
  the application as incomplete. (i) A credit reporting agency that receives a request to place a protected consumer security
  freeze pursuant to this section shall disclose to the protected consumer and his or
  her representative the process of placing and lifting temporarily a security freeze
  and the process for allowing access to information from the protected consumer’s credit
  report for a specific party, parties, or period of time while the protected consumer
  security freeze is in place. (j)(1) A protected consumer security freeze shall remain in place until the credit reporting
  agency receives a request to remove the freeze from: (A) the protected consumer’s representative; or (B) the consumer who is subject to the protected consumer security freeze. (2) A credit reporting agency shall remove a protected consumer security freeze within
  three business days after receiving a proper request for removal. (3) The party requesting the removal of a protected consumer security freeze pursuant
  to subdivision (1) of this subsection shall submit the request to the address and
  in the manner specified by the consumer reporting agency. (4) The request shall include: (A) proper authority; and (B) the unique personal identification number, password, or other method of authentication
  provided by the credit reporting agency pursuant to subsection (c) of this section. (k) A credit reporting agency shall require proper identification of the person making
  a request to place or remove a protected consumer security freeze. (l) The provisions of this section, including the protected consumer security freeze,
  do not apply to the use of a consumer report by the following: (1) A person, or the person’s subsidiary, affiliate, agent, or assignee with which the
  protected consumer has or, prior to assignment, had an account, contract, or debtor-creditor
  relationship for the purposes of reviewing the account or collecting the financial
  obligation owing for the account, contract, or debt, or extending credit to a consumer
  with a prior or existing account, contract, or debtor-creditor relationship, subject
  to the requirements of section 2480e of this title. As used in this subdivision, “reviewing the account” includes activities related
  to account maintenance, monitoring, credit line increases, and account upgrades and
  enhancements. (2) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom
  access has been granted under subsection (d) of this section for purposes of facilitating
  the extension of credit or other permissible use. (3) Any person acting pursuant to a court order, warrant, or subpoena. (4) The Office of Child Support when investigating a child support case pursuant to Title
  IV-D of the Social Security Act (42 U.S.C. §§ 651-669b) and 33 V.S.A. § 4102. (5) The Economic Services Division of the Department for Children and Families or the
  Department of Vermont Health Access or its agents or assignees acting to investigate
  welfare or Medicaid fraud. (6) The Department of Taxes, municipal taxing authorities, or the Department of Motor
  Vehicles or any of their agents or assignees acting to investigate or collect delinquent
  taxes or assessments, including interest and penalties or unpaid court orders, or
  to fulfill any of their other statutory or charter responsibilities. (7) A person’s use of credit information for the purposes of prescreening as provided
  by the federal Fair Credit Reporting Act. (8) Any person for the sole purpose of providing a credit file monitoring subscription
  service to which the consumer has subscribed. (9) A credit reporting agency for the sole purpose of providing a consumer with a copy
  of his or her credit report upon the consumer’s request. (10) Any property and casualty insurance company for use in setting or adjusting a rate
  or underwriting for property and casualty insurance purposes. (Added 2017, No. 179 (Adj. Sess.), § 5, eff. Jan. 1, 2019.)