Current through the 2024 Regular Session
Section 75-24-209 - Inapplicability of security freeze to certain consumer reportsA security freeze does not apply to a consumer report provided to:
(a) A state or local governmental entity, including a law enforcement agency or court or private collection agency, if the entity, agency or court is acting under a court order, warrant, subpoena or administrative subpoena;(b) An agency acting to investigate or collect child support payments or acting under Title IV-D of the Social Security Act (42 USCS Section 651 et seq.);(c) The State Tax Commission acting to investigate or collect delinquent sales or franchise taxes;(d) A tax assessor-collector acting to investigate or collect delinquent ad valorem taxes;(e) A person for the purposes of prescreening as provided by the Fair Credit Reporting Act (15 USCS Section 1681 et seq.), as amended;(f) A person who intends to use the information for employment purposes;(g) A person who intends to use the information in connection with adjusting a claim, rating or underwriting of insurance involving the consumer;(h) A person with whom the consumer has an account or contract or to whom the consumer has issued a negotiable instrument, or the person's subsidiary, affiliate, agent, assignee, prospective assignee or private collection agency, for purposes related to that account, contract or instrument;(i) A subsidiary, affiliate, agent, assignee or prospective assignee of a person to whom access has been granted under Section 75-24-207(2);(j) A person who administers a credit file monitoring subscription service to which the consumer has subscribed;(k) A person for the purpose of providing a consumer with a copy of the consumer's report on the consumer's request;(l) A check service or fraud prevention service company that issues consumer reports: (i) To prevent or investigate fraud; or(ii) For purposes of approving or processing negotiable instruments, electronic funds transfers or similar methods of payment;(m) A deposit account information service company that issues consumer reports related to account closures caused by fraud, substantial overdrafts, automated teller machine abuses or similar negative information regarding a consumer to an inquiring financial institution for use by the financial institution only in reviewing a consumer request for a deposit account with that institution; or(n) A consumer reporting agency that:(i) Acts only to resell credit information by assembling and merging information contained in a database of another consumer reporting agency or multiple consumer reporting agencies; and(ii) Does not maintain a permanent database of credit information from which new consumer reports are produced. Laws, 2007, ch. 585, § 5, eff. 7/1/2007.