13-45-505. Removal of security freeze for protected consumer.
(1)
To remove a security freeze that is placed under this part, the protected consumer‘s representative or the consumer who is subject to a protected consumer security freeze shall:
Terms Used In Utah Code 13-45-505
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
Protected consumer: means an individual who, at the time a request for a security freeze is made, is:
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)
submit a request for the removal of the security freeze to the consumer reporting agency:
(i)
at the address or other point of contact provided by the consumer reporting agency; and
(ii)
in the manner specified by the consumer reporting agency;
(b)
provide to the consumer reporting agency:
(i)
in the case of a request by a protected consumer’s representative:
(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; or
(ii)
in the case of a request by the consumer who is subject to a protected consumer security freeze:
(A)
sufficient proof of identification of the consumer who is subject to a protected consumer security freeze; and
(B)
proof that the consumer who is subject to a protected consumer security freeze is not a protected consumer; and
(c)
if applicable, pay the consumer reporting agency a fee described in Subsection 13-45-506(2).
(2)
Within 30 days after the day on which a consumer reporting agency receives a request under Subsection (1), the consumer reporting agency shall remove the security freeze.
(3)
A consumer reporting agency may remove a security freeze for a protected consumer or delete a record of a protected consumer if the security freeze was placed or the record was created based on a material misrepresentation of fact by the protected consumer or the protected consumer’s representative.
