Sec. 5. Identity theft protection for minors
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/bill/114/s/1847/is/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended by inserting after section 605B ( 15 U.S.C. 1681c–2 ) the following: In this section— the term blocked file means a file of a minor consumer in which, under this section, a consumer reporting agency— maintains a file with the name, social security number, date of birth, and, if applicable, any credit information of the minor consumer; may not provide any person with a consumer report of the minor consumer; and blocks the input of any information into the file, except with permission from a covered guardian of the minor consumer; the term covered guardian means— the legal guardian of a minor child; the custodian of a minor child; or in the case of a child in foster care, the State agency or Indian tribe or tribal organization responsible for the foster care of the child; and the term minor consumer means a consumer who has not attained 16 years of age.
A consumer reporting agency described in section 603(p) shall, upon request by, and receipt of appropriate proof of identity of, the covered guardian or minor consumer, create a blocked file for the minor consumer or convert a file of the minor consumer already in existence to a blocked file. A consumer reporting agency described in section 603(p) shall unblock a blocked file— upon request by the covered guardian of a minor consumer; if the file was blocked as a result of a material misrepresentation, including— a representation that the consumer was a minor consumer when the consumer was not a minor consumer at the time of the representation; and a representation that an individual was the covered guardian of a minor consumer when the individual was not the covered guardian of the minor consumer at the time of the representation; on the date of the 16th birthday of the minor consumer; or if the minor consumer becomes emancipated under the law of the State in which the minor consumer resides, on the date of the emancipation of the minor consumer.
The Bureau shall promulgate regulations carrying out this section. A credit reporting agency may charge a fair and reasonable fee, as determined by the Bureau, to create a blocked file or to unblock a file. The Bureau may exempt an individual who suspects that the individual has been a victim of fraud or identity theft from a fee described in paragraph (1). No provision of this section shall be construed as requiring a consumer reporting agency described in section 603(p) to prevent a Federal, State, or local law enforcement agency from accessing a blocked file. .
The table of contents of the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended by inserting after the item related to section 605B the following new item: 605C. Additional protections for credit reports of minor consumers. .
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- 15 USC 1681c–2
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