2022 Georgia Code
Title 10 - Commerce and Trade
Chapter 1 - Selling and Other Trade Practices
Article 34 - Identity Theft
§ 10-1-914.1. Security Freezes for Protected Consumers

1. A consumer credit reporting agency shall place a security freeze for a protected consumer if the consumer credit reporting agency receives a request from the protected consumer’s representative for the placement of the security freeze and the protected consumer’s representative:
   1. Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency;
   2. Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative; and
   3. Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.
2. If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request under subsection (a) of this Code section, the consumer credit reporting agency shall create a record for the protected consumer. Upon receiving the request, the consumer credit reporting agency shall verify that no file exists pertaining to the protected consumer or to the protected consumer’s social security number. A record created under this subsection shall not be used to consider the protected consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.
3. Within 30 days after receiving a request that meets the requirements of subsection (a) of this Code section, a consumer credit reporting agency shall place a security freeze for the protected consumer.
4. Unless a security freeze for a protected consumer is removed in accordance with subsection (f) or (i) of this Code section, a consumer credit reporting agency shall not release the protected consumer’s credit report, any information derived from the protected consumer’s credit report, or any record created for the protected consumer.
5. A security freeze for a protected consumer placed under subsection (c) of this Code section shall remain in effect until:
   1. The protected consumer or the protected consumer’s representative requests the consumer credit reporting agency to remove the security freeze in accordance with subsection (f) of this Code section; or
   2. The security freeze is removed in accordance with subsection (i) of this Code section.
6. 1. If a protected consumer or a protected consumer’s representative wishes to remove a security freeze for the protected consumer, the protected consumer or the protected consumer’s representative shall:
      1. Submit a request for the removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency; and
      2. Provide to the consumer credit reporting agency sufficient proof of identification of the protected consumer and:
         1. For a request by the protected consumer, proof that the sufficient proof of authority for the protected consumer’s representative to act on behalf of the protected consumer is no longer valid; or
         2. For a request by the representative of the protected consumer, sufficient proof of identification of the representative and sufficient proof of authority to act on behalf of the protected consumer.
   2. Within 30 days after receiving a request that meets the requirements of paragraph (1) of this subsection, the consumer credit reporting agency shall remove the security freeze for the protected consumer.
7. A consumer credit reporting agency shall not charge a fee for any service performed under this Code section.
8. This Code section shall not apply to the use of a protected consumer’s credit report or record by:
   1. A person administering a credit file monitoring subscription service to which the protected consumer has subscribed or the representative of the protected consumer has subscribed on behalf of the protected consumer;
   2. A person providing the protected consumer or the protected consumer’s representative with a copy of the protected consumer’s credit report on request of the protected consumer or the protected consumer’s representative; or
   3. A person or entity listed in subsection (m) or (o) of Code Section 10-1-914.
9. A consumer credit reporting agency may remove a security freeze for a protected consumer or delete a record of a protected consumer if such security freeze was placed or the record was created based on a material misrepresentation of fact by the protected consumer or the protected consumer’s representative.
10. 1. A person who violates this Code section may be investigated and prosecuted under the provisions of Part 2 of Article 15 of this chapter, the “Fair Business Practices Act of 1975,” and may be fined not more than $100.00 for a violation concerning a specific protected consumer.
    2. The Attorney General may bring an action for temporary or permanent injunctive or other relief for any violation of this Code section or an action for the penalty authorized in paragraph (1) of this subsection.

History. Code 1981, § 10-1-914.1 , enacted by Ga. L. 2014, p. 668, § 2/HB 915; Ga. L. 2018, p. 245, § 2/SB 376.

Effective date. —

This Code section became effective January 1, 2015.

The 2018 amendment, effective July 1, 2018, substituted a period for “and” at the end of paragraph (a)(2); deleted “; and” at the end of paragraph (a)(3); deleted former paragraph (a)(4), which read: “Pays to the consumer credit reporting agency a fee as provided in subsection (g) of this Code section.”; inserted “credit” in the middle of the first sentence of subsection (b); added “and” at the end of subparagraph (f)(1)(A); substituted a period for “; and” at the end of division (f)(1)(B)(ii); deleted former subparagraph (f)(1)(C), which read: “Pay to the consumer credit reporting agency a fee as provided in subsection (g) of this Code section.”; substituted the present provisions of subsection (g) for the former provisions, which read: “(1) Except as otherwise provided in paragraph (2) of this subsection, a consumer credit reporting agency shall not charge a fee for any service performed under this Code section.

“(2) A consumer credit reporting agency may charge a reasonable fee, not exceeding $10.00, for each placement or removal of a security freeze for a protected consumer; provided, however, that a consumer credit reporting agency shall not charge any fee under this Code section if:

“(A) The protected consumer’s representative has obtained a police report or affidavit of alleged identity fraud against the protected consumer and provides a copy of the report or affidavit to the consumer credit reporting agency; or

“(B) A request for the placement or removal of a security freeze is for a protected consumer who is under the age of 16 years at the time of the request and the consumer credit reporting agency has a consumer credit report pertaining to the protected consumer.”; and substituted “this chapter” for “Chapter 1 of Title 10” in the middle of paragraph (j)(1).