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1 | | (b) Any person who uses a consumer credit report in |
2 | | connection with the
approval of credit based on the application |
3 | | for an extension of credit, and who
has received notification |
4 | | of a police report filed with a consumer reporting
agency that |
5 | | the applicant has been a victim of financial
identity theft, as |
6 | | defined in Section 16-30 or 16G-15 of the Criminal Code of 1961 |
7 | | or the Criminal Code of 2012, may
not lend money or extend |
8 | | credit without taking reasonable steps to verify the
consumer's |
9 | | identity and confirm that the application for an extension of
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10 | | credit
is not the result of financial identity theft.
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11 | | (b-5) A consumer reporting agency may not include in a |
12 | | consumer credit report any information based upon obligations |
13 | | incurred by a consumer during the time the consumer is a |
14 | | resident of a facility as defined in Section 1-113 of the |
15 | | Nursing Home Care Act, except for obligations owed the |
16 | | facility. |
17 | | (c) A consumer may request that a security freeze be placed |
18 | | on his or her credit report by sending a request in writing by |
19 | | certified mail to a consumer reporting agency at an address |
20 | | designated by the consumer reporting agency to receive such |
21 | | requests. This subsection (c) does not prevent a consumer |
22 | | reporting agency from advising a third party that a security |
23 | | freeze is in effect with respect to the consumer's credit |
24 | | report.
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25 | | (d) A consumer reporting agency shall place a security |
26 | | freeze on a consumer's credit report no later than 5 business |
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1 | | days after receiving a written request from the consumer:
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2 | | (1) a written request described in subsection (c); and |
3 | | (2) proper identification . ; and |
4 | | (3) payment of a fee, if applicable.
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5 | | (e) Upon placing the security freeze on the consumer's |
6 | | credit report, the consumer reporting agency shall send to the |
7 | | consumer within 10 business days a written confirmation of the |
8 | | placement of the security freeze and a unique personal |
9 | | identification number or password or similar device, other than |
10 | | the consumer's Social Security number, to be used by the |
11 | | consumer when providing authorization for the release of his or |
12 | | her credit report for a specific party or period of time.
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13 | | (f) If the consumer wishes to allow his or her credit |
14 | | report to be accessed for a specific party or period of time |
15 | | while a freeze is in place, he or she shall contact the |
16 | | consumer reporting agency using a point of contact designated |
17 | | by the consumer reporting agency, request that the freeze be |
18 | | temporarily lifted, and provide the following:
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19 | | (1) Proper identification;
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20 | | (2) The unique personal identification number or |
21 | | password or similar device provided by the consumer |
22 | | reporting agency;
and |
23 | | (3) The proper information regarding the third party or |
24 | | time period for which the report shall be available to |
25 | | users of the credit report . ; and
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26 | | (4) A fee, if applicable.
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1 | | (g) A consumer reporting agency shall develop a contact |
2 | | method to receive and process a request from a consumer to |
3 | | temporarily lift a freeze on a credit report pursuant to |
4 | | subsection (f) in an expedited manner.
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5 | | A contact method under this subsection shall include:
(i) a |
6 | | postal address; and (ii) an electronic contact method chosen by |
7 | | the consumer reporting agency, which may include the use of |
8 | | telephone, fax, Internet, or other electronic means.
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9 | | (h) A consumer reporting agency that receives a request |
10 | | from a consumer to temporarily lift a freeze on a credit report |
11 | | pursuant to subsection (f), shall comply with the request no |
12 | | later than 3 business days after receiving the request.
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13 | | (i) A consumer reporting agency shall remove or temporarily |
14 | | lift a freeze placed on a consumer's credit report only in the |
15 | | following cases:
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16 | | (1) upon consumer request, pursuant to subsection (f) |
17 | | or subsection (l) of this Section; or
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18 | | (2) if the consumer's credit report was frozen due to a |
19 | | material misrepresentation of fact by the consumer.
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20 | | If a consumer reporting agency intends to remove a freeze |
21 | | upon a consumer's credit report pursuant to this subsection, |
22 | | the consumer reporting agency shall notify the consumer in |
23 | | writing prior to removing the freeze on the consumer's credit |
24 | | report.
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25 | | (j) If a third party requests access to a credit report on |
26 | | which a security freeze is in effect, and this request is in |
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1 | | connection with an application for credit or any other use, and |
2 | | the consumer does not allow his or her credit report to be |
3 | | accessed for that specific party or period of time, the third |
4 | | party may treat the application as incomplete.
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5 | | (k) If a consumer requests a security freeze, the credit |
6 | | reporting agency shall disclose to the consumer the process of |
7 | | placing and temporarily lifting a security freeze, and the |
8 | | process for allowing access to information from the consumer's |
9 | | credit report for a specific party or period of time while the |
10 | | freeze is in place.
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11 | | (l) A security freeze shall remain in place until the |
12 | | consumer requests, using a point of contact designated by the |
13 | | consumer reporting agency, that the security freeze be removed. |
14 | | A credit reporting agency shall remove a security freeze within |
15 | | 3 business days of receiving a request for removal from the |
16 | | consumer, who provides:
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17 | | (1) Proper identification;
and |
18 | | (2) The unique personal identification number or |
19 | | password or similar device provided by the consumer |
20 | | reporting agency . ; and
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21 | | (3) (blank) A fee, if applicable .
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22 | | (m) A consumer reporting agency shall require proper |
23 | | identification of the person making a request to place or |
24 | | remove a security freeze.
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25 | | (n) The provisions of subsections (c) through (m) of this |
26 | | Section do not apply to the use of a consumer credit report by |
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1 | | any of the following:
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2 | | (1) A person or entity, or a subsidiary, affiliate, or |
3 | | agent of that person or entity, or an assignee of a |
4 | | financial obligation owing by the consumer to that person |
5 | | or entity, or a prospective assignee of a financial |
6 | | obligation owing by the consumer to that person or entity |
7 | | in conjunction with the proposed purchase of the financial |
8 | | obligation, with which the consumer has or had prior to |
9 | | assignment an account or contract, including a demand |
10 | | deposit account, or to whom the consumer issued a |
11 | | negotiable instrument, for the purposes of reviewing the |
12 | | account or collecting the financial obligation owing for |
13 | | the account, contract, or negotiable instrument. For |
14 | | purposes of this subsection, "reviewing the account" |
15 | | includes activities related to account maintenance, |
16 | | monitoring, credit line increases, and account upgrades |
17 | | and enhancements.
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18 | | (2) A subsidiary, affiliate, agent, assignee, or |
19 | | prospective assignee of a person to whom access has been |
20 | | granted under subsection (f) of this Section for purposes |
21 | | of facilitating the extension of credit or other |
22 | | permissible use.
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23 | | (3) Any state or local agency, law enforcement agency, |
24 | | trial court, or private collection agency acting pursuant |
25 | | to a court order, warrant, or subpoena.
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26 | | (4) A child support agency acting pursuant to Title |
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1 | | IV-D of the Social Security Act.
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2 | | (5) The State or its agents or assigns acting to |
3 | | investigate fraud.
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4 | | (6) The Department of Revenue or its agents or assigns |
5 | | acting to investigate or collect delinquent taxes or unpaid |
6 | | court orders or to fulfill any of its other statutory |
7 | | responsibilities.
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8 | | (7) The use of credit information for the purposes of |
9 | | prescreening as provided for by the federal Fair Credit |
10 | | Reporting Act.
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11 | | (8) Any person or entity administering a credit file |
12 | | monitoring subscription or similar service to which the |
13 | | consumer has subscribed.
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14 | | (9) Any person or entity for the purpose of providing a |
15 | | consumer with a copy of his or her credit report or score |
16 | | upon the consumer's request.
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17 | | (10) Any person using the information in connection |
18 | | with the underwriting of insurance.
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19 | | (n-5) A This Section does not prevent a consumer reporting |
20 | | agency may not charge from charging a fee in connection with a |
21 | | of no more than $10 to a consumer for each freeze, removal, or |
22 | | temporary lift of a the freeze , regarding access to a consumer |
23 | | credit report, except that a consumer reporting agency may not |
24 | | charge a fee to (i) a consumer 65 years of age or over for |
25 | | placement and removal of a freeze, or (ii) a victim of identity |
26 | | theft who has submitted to the consumer reporting agency a |
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1 | | valid copy of a police report, investigative report, or |
2 | | complaint that the consumer has filed with a law enforcement |
3 | | agency about unlawful use of his or her personal information by |
4 | | another person .
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5 | | (o) If a security freeze is in place, a consumer reporting |
6 | | agency shall not change any of the following official |
7 | | information in a credit report without sending a written |
8 | | confirmation of the change to the consumer within 30 days of |
9 | | the change being posted to the consumer's file: (i) name, (ii) |
10 | | date of birth, (iii) Social Security number, and (iv) address. |
11 | | Written confirmation is not required for technical |
12 | | modifications of a consumer's official information, including |
13 | | name and street abbreviations, complete spellings, or |
14 | | transposition of numbers or letters. In the case of an address |
15 | | change, the written confirmation shall be sent to both the new |
16 | | address and to the former address.
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17 | | (p) The following entities are not required to place a |
18 | | security freeze in a consumer report, however, pursuant to |
19 | | paragraph (3) of this subsection, a consumer reporting agency |
20 | | acting as a reseller shall honor any security freeze placed on |
21 | | a consumer credit report by another consumer reporting agency:
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22 | | (1) A check services or fraud prevention services |
23 | | company, which issues reports on incidents of fraud or |
24 | | authorizations for the purpose of approving or processing |
25 | | negotiable instruments, electronic funds transfers, or |
26 | | similar methods of payment.
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1 | | (2) A deposit account information service company, |
2 | | which issues reports regarding account closures due to |
3 | | fraud, substantial overdrafts, ATM abuse, or similar |
4 | | negative information regarding a consumer to inquiring |
5 | | banks or other financial institutions for use only in |
6 | | reviewing a consumer request for a deposit account at the |
7 | | inquiring bank or financial institution.
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8 | | (3) A consumer reporting agency that:
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9 | | (A) acts only to resell credit information by |
10 | | assembling and merging information contained in a |
11 | | database of one or more consumer reporting agencies; |
12 | | and
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13 | | (B) does not maintain a permanent database of |
14 | | credit information from which new credit reports are |
15 | | produced.
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16 | | (q) For purposes of this Section: |
17 | | "Credit report" has the same meaning as "consumer report", |
18 | | as ascribed to it in 15 U.S.C. Sec. 1681a(d). |
19 | | "Consumer reporting agency" has the meaning ascribed to it |
20 | | in 15 U.S.C. Sec. 1681a(f). |
21 | | "Security freeze" means
a notice placed in a consumer's |
22 | | credit report, at the request of the consumer and subject to |
23 | | certain exceptions, that prohibits the consumer reporting |
24 | | agency from releasing the consumer's credit report or score |
25 | | relating to an extension of credit, without the express |
26 | | authorization of the consumer.
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1 | | "Extension of credit" does not include
an increase in an |
2 | | existing open-end credit plan, as defined in Regulation Z of
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3 | | the Federal Reserve System (12 C.F.R. 226.2), or any change to |
4 | | or review of an
existing credit account.
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5 | | "Proper identification" means information generally deemed |
6 | | sufficient to identify a person. Only if the consumer is unable |
7 | | to reasonably identify himself or herself with the information |
8 | | described above, may a consumer reporting agency require |
9 | | additional information concerning the consumer's employment |
10 | | and personal or family history in order to verify his or her |
11 | | identity.
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12 | | (r) Any person who violates this Section commits an
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13 | | unlawful practice within the meaning of this Act.
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14 | | (Source: P.A. 97-597, eff. 1-1-12; 97-1150, eff. 1-25-13.)".
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