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    (3)  If the block of information is declined or rescinded pursuant to this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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