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Financial Services Law Insights and Observations

Multiple states address cost of security freezes

State Issues Credit Reporting Agency Privacy/Cyber Risk & Data Security Data Breach Security Freeze State Legislation

State Issues

On March 19, the Michigan governor signed legislation, HB 5094, which amends the Michigan Security Freeze Act to prohibit consumer reporting agencies (CRAs) from charging a fee for “placing, temporarily lifting, or removing a security freeze” on a credit report. Previously, the state allowed for a fee of up to $10 to use the service, if the consumer had not previously filed a police report alleging identity theft. HB 5094 is effective immediately.

On March 15, the Utah governor signed legislation, HB 45, which amends the Utah Consumer Credit Protection Act to prohibit CRAs from charging a fee in connection with placing or removing a security freeze. Additionally, the bill also prohibits CRAs from charging a fee in connection with mobile applications through which a consumer would place or remove a security freeze. The legislation outlines the manner in which a consumer may request a security freeze and the requirements CRAs must follow in responding to the requests. Previously, Utah allowed for CRAs to charge a “reasonable fee” in connection with a security freeze service. 

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