13-45-504. Security freeze for protected consumer.
(1)
A consumer reporting agency shall place a security freeze for a protected consumer if:
Terms Used In Utah Code 13-45-504
Consumer: means an individual who is not a protected consumer. See Utah Code 13-45-102
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. See Utah Code 13-45-102
Consumer who is subject to a protected consumer security freeze: means an individual:
(a)
for whom a credit reporting agency placed a security freeze under Section 13-45-503; and
(b)
who, on the day on which a request for the removal of the security freeze is submitted under Section 13-45-504, is not a protected consumer. See Utah Code 13-45-102
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
is created by a consumer reporting agency solely for the purpose of complying with this section; and
(c)
may not be created or used to consider the protected consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. See Utah Code 13-45-102
Representative: means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. See Utah Code 13-45-102
security freeze: means :
(1)
if a consumer reporting agency does not have a file that pertains to a protected consumer, a restriction that:
(a)
is placed on the protected consumer's record in accordance with this part; and
(b)
except as otherwise provided in this part, prohibits the consumer reporting agency from releasing the protected consumer's record; or
(2)
if a consumer reporting agency has a file that pertains to the protected consumer, a restriction that:
(a)
is placed on the protected consumer's credit report in accordance with this part; and
(b)
except as otherwise provided in this part, prohibits the consumer reporting agency from releasing the protected consumer's credit report or any information derived from the protected consumer's credit report. See Utah Code 13-45-502
(a)
the consumer reporting agency receives a request from the protected consumer’s representative for the placement of the security freeze; and
(b)
the protected consumer’s representative:
(i)
submits the request described in Subsection (1)(a):
(A)
to the address or other point of contact provided by the consumer reporting agency; and
(B)
in the manner specified by the consumer reporting agency;
(ii)
submits to the consumer reporting agency:
(A)
sufficient proof of identification of the protected consumer;
(B)
sufficient proof of identification of the protected consumer’s representative; and
(C)
sufficient proof of authority to act on behalf of the protected consumer; and
(iii)
if applicable, pays the consumer reporting agency a fee described in Subsection 13-45-506(2).
(2)
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 (1), the consumer reporting agency shall create a record for the protected consumer.
(3)
A consumer reporting agency shall place a security freeze for a protected consumer within 30 days after the day on which the consumer reporting agency receives a request described in Subsection (1).
(4)
After a consumer reporting agency places a security freeze under this section, the consumer reporting agency may not release the protected consumer’s credit report, any information derived from the protected consumer’s credit report, or any record created for the protected consumer, unless the security freeze for the protected consumer is removed in accordance with Section 13-45-505.
(5)
A security freeze that is placed in accordance with this section shall remain in effect until:
(a)
the protected consumer’s representative or the consumer who is subject to a protected consumer security freeze requests the consumer reporting agency remove the security freeze in accordance with Subsection 13-45-505(1); or
(b)
the security freeze is removed in accordance with Subsection 13-45-505(3).
