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367.364 Persons not required to place a security freeze on a consumer
report.
The following persons are not required to place a security freeze on a consumer
report in accordance with KRS 367.363 to 367.365:
(1) A check services or fraud prevention services company, which issues reports
on incidents of fraud or authorizations for the purpose of approving or
processing negotiable instruments, electronic funds transfers, or similar
methods of payments;
(2) A deposit account information service company, which issues reports
regarding account closures due to fraud, substantial overdrafts, automated
teller machine (ATM) abuse, or similar negative information regarding a
consumer to inquiring banks or other financial institutions for use only in
reviewing a consumer request for a deposit account at the inquiring bank or
financial institution;
(3) A reseller of credit information that assembles or merges information contained
in the database of another consumer reporting agency or multiple consumer
reporting agencies, and does not maintain a permanent database of credit
information from which new consumer reports are produced;
(4) Any database or file which consists solely of any information adverse to the
interests of the consumer, including but not limited to criminal record
information, which is used for fraud prevention or detection, tenant screening,
employment screening, or any purpose permitted by the federal Fair Credit
Reporting Act, 15 U.S.C. sec. 1681b;
(5) A person to the extent such person offers fraud prevention services that issues
reports on incidents of fraud or reports used primarily in the detection or
prevention of fraud;
(6) A bank, as defined in 12 U.S.C. sec. 1813(a) or Subtitles 1, 2, and 3 of KRS
Chapter 286;
(7) A credit union, as defined in 12 U.S.C. sec. 1752 or Subtitle 6 of KRS Chapter
286;
(8) A savings association, as defined in 12 U.S.C. sec. 1813(b), or an association,
as defined in Subtitle 5 of KRS Chapter 286;
(9) An insurer, as defined in KRS Chapter 304; and
(10) A retail establishment selling its own inventory.
Effective:July 12, 2006
History: Created 2006 Ky. Acts ch. 42, sec. 2, effective July 12, 2006.
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