MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Judiciary, Division A

By: Senator(s) Bryan

Senate Bill 2659

AN ACT TO AMEND SECTIONS 75-24-201 AND 75-24-207, MISSISSIPPI CODE OF 1972, TO REVISE THE METHOD TO REQUEST A SECURITY FREEZE AND PROHIBIT A CONSUMER REPORTING AGENCY FROM CHARGING A FEE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 75-24-201, Mississippi Code of 1972, is amended as follows:

     75-24-201.  (1) * * *  On written request sent by certified mail that includes proper identification provided by a consumer and a copy of a valid police report, investigative report or complaint which the consumer has filed with a law enforcement agency regarding the unlawful use of the personal information of the consumer by another person, a consumer reporting agency shall place a security freeze on a consumer's consumer file not later than the fifth business day after the date the agency receives the request.  A reporting agency may charge a consumer a reasonable fee not to exceed Ten Dollars ($10.00) to place a security freeze in his file. A consumer may place a security freeze on the consumer's credit report by making a request to a consumer reporting agency in accordance with this subsection.  A consumer reporting agency shall place a security freeze on a consumer's credit report if the consumer requests a security freeze by any of the following methods:

(a)  First-class mail;

(b)  Telephone call;

(c)  Secure website or secure electronic mail connection.

A consumer reporting agency may not charge a fee for placing, removing or suspending for a specific party or period of time a security freeze on a consumer report.

     (2)  On * * * written request for a security freeze provided by a consumer under subsection (1), a consumer reporting agency shall disclose to the consumer the process of placing, removing and temporarily lifting a security freeze and the process for allowing access to information from the consumer's file with the consumer reporting agency for a specific requester or period while the security freeze is in effect.

     (3)  A consumer reporting agency shall, not later than the tenth business day after the date the agency receives the request for a security freeze:

          (a)  Send a written confirmation of the security freeze to the consumer; and

          (b)  Provide the consumer with a unique personal identification number or password to be used by the consumer to authorize a removal or temporary lifting of the security freeze under Section 75-24-207.

     (4)  A consumer may request in writing a replacement personal identification number or password. * * *  The request must comply with the requirements for requesting a security freeze under subsection (1).  The consumer reporting agency shall, not later than the third business day after the date the agency receives the request for a replacement personal identification number or password, provide the consumer with a new unique personal identification number or password to be used by the consumer instead of the number or password that was provided under subsection (3).

     (5)  As used in Sections 75-24-201 through 75-24-217, the term "security freeze" means a notice that (a) prohibits a consumer reporting agency from releasing all or any part of a consumer report or any information derived from a consumer report relating to the extension of credit, and (b) is placed in the file retained by the consumer reporting agency on that consumer at the consumer's request pursuant to subsection (1).

     SECTION 2.  Section 75-24-207, Mississippi Code of 1972, is amended as follows:

     75-24-207.  (1)  On a request in writing or by telephone and with proper identification provided by a consumer, including the consumer's personal identification number or password provided under Section 75-24-201, a consumer reporting agency shall remove a security freeze within three (3) business days after the agency receives the request.

     (2)  On a request in writing or by telephone and with proper identification provided by a consumer, including the consumer's personal identification number or password provided under Section 75-24-201, a consumer reporting agency shall, within three (3) business days after the agency receives the request, temporarily lift the security freeze for:

          (a)  A certain properly designated period; or

          (b)  A certain properly identified requester.

     (3)  A consumer reporting agency may develop procedures involving the use of a telephone, a facsimile machine, the Internet or another electronic medium to receive and process a request from a consumer under this section.

     (4)  A consumer reporting agency shall remove a security freeze placed on a consumer file if the security freeze was placed due to a material misrepresentation of fact by the consumer.  The consumer reporting agency shall notify the consumer in writing before removing the security freeze under this subsection.

     (5)  A consumer reporting agency may not charge a fee for a request under * * * subsection (1) or (2) this section as provided under Section 75-24-201.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2018.

---