2005 Idaho 28-51-102 — BLOCK OF INFORMATION APPEARING AS A RESULT OF A VIOLATION OF CRIMINAL CODE PROVISION PROHIBITING MISAPPROPRIATION OF PERSONAL INFORMATION
TITLE 28 COMMERCIAL TRANSACTIONS CHAPTER 51 IDENTITY THEFT 28-51-102. BLOCK OF INFORMATION APPEARING AS A RESULT OF A VIOLATION OF CRIMINAL CODE PROVISION PROHIBITING MISAPPROPRIATION OF PERSONAL INFORMATION. (1) If a consumer submits to a consumer reporting agency a certified copy of a police report setting forth facts establishing probable cause of a violation of section 18-3126, Idaho Code, the consumer reporting agency shall, within thirty (30) days of the receipt of the police report, permanently block or decline to block reporting any information that the consumer identifies on his or her credit report is the result of a violation of section 18-3126, Idaho Code, so that the information cannot be reported. The consumer reporting agency shall promptly notify the furnisher of the information that a police report has been filed, that a block has been requested and the effective date of the block. (2) Furnishers of information and consumer reporting agencies may decline to block or may rescind any block of credit information if: (a) The information was blocked due to a material misrepresentation of fact by the consumer; (b) The consumer agrees that the blocked information, or portions of the blocked information, were blocked in error; or (c) The consumer knowingly obtained possession of goods, services or moneys as a result of the blocked transaction or transactions or the consumer should have known that he or she obtained possession of goods, services or moneys as a result of the blocked transaction or transactions. (3) If the block of information is declined or rescinded pursuant to this section, the consumer shall be promptly notified in the same manner as consumers are notified of the reinsertion of information pursuant to section 611 of the fair credit reporting act, 15 USC section 1681i, as amended. The prior presence of the blocked information in the consumer reporting agency's file on the consumer is not evidence of whether the consumer knew or should have known that he or she obtained possession of any goods, services or moneys. (4) A consumer harmed by a violation of this section may maintain an action for legal damages and injunctive relief against the consumer reporting agency or the furnisher of the information or both. A judgment in favor of the consumer shall include an award of attorney's fees in addition to other appropriate relief as granted by the court.
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