Idaho FCRA / ID THEFT

Date: Tue, 04/26/2005 - 05:30

Submitted by Pammila on Tue, 04/26/2005 - 05:30

Posts: 112
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Idaho Code
Title 28. Commercial Transactions
Chapter 50. Identity Theft

28-50-101. Definitions. As used in this section and section 28-50-102, Idaho Code, the following terms have the following meaning:
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"Consumer credit report" means any written, oral or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity, character, general reputation, personal characteristics, or mode of living which is used or is expected to be used, or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for credit or insurance for personal, family or household purposes, employment purposes or other purposes authorized under sections 603 and 604 of the fair credit reporting act, 15 USC Sections 1681a and 1681b, as amended. The term does not include:
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Any report containing information solely as to transactions or experiences between the consumer and the person making the report;

Any communication of that information among such persons related by common ownership or affiliated by corporate control;

Any communication of other information among persons related by common ownership or affiliated by corporate control;

Any authorization or approval of a specific extension of credit directly or indirectly by the issuers of a credit card or similar device;

Any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made and the person makes the disclosures to the consumer required under section 615 of the fair credit reporting act, 15 USC section 1681m, as amended.

"Consumer reporting agency" means a person that, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit report information or other information on consumers for the purpose of furnishing consumer reports to third parties.

"Persons" means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency or other entity.
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28-50-102. Block of information appearing as a result of a violation of criminal code provision prohibiting misappropriation of personal information.
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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 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.

Furnishers of information and consumer reporting agencies may decline to block or may rescind any block of credit information if:
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The information was blocked due to a material misrepresentation of fact by the consumer;

The consumer agrees that the blocked information, or portions of the blocked information, were blocked in error; or

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.

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.

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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