Sec. 5. Identity theft protection for minors
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/bill/115/s/1786/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 with respect to which, under this section, a consumer reporting agency— maintains 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, 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 that compiles and maintains files on consumers on a nationwide basis shall, upon request by, and receipt of appropriate proof of identity of, a minor consumer or the covered guardian of a 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 that compiles and maintains files on consumers on a nationwide basis 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 as of the date on which the representation was made; and an individual was the covered guardian of a minor consumer when the individual was not the covered guardian of the minor consumer as of the date on which the representation was made; 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 to carry 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). Nothing in this section may be construed as requiring a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis 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 relating to section 605B the following: 605C. Additional protections for credit reports of minor consumers. .
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- 15 USC 1681c–2
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