An Act To Amend the Allowable Security Freeze Fees Charged by a Consumer Reporting Agency
Maine Legislature, Session 127, LD 0382
Committee Amendment CA_A-SA_A_S83 (Senate)
Amends: 10 MRSA §1308, 10 MRSA §1310

SENATE AMENDMENT "1\ "to COMMITTEE AMENDMENT "A" to S.P. 150, 
L.D. 382, Bill, "An Act To Amend the Allowable Security Freeze Fees Charged by a 
Consumer Reporting Agency" 
Amend the amendment by striking out the substitute title and replacing it with the 
following: 
'An Act To Eliminate Certain Fees for Security Freezes and Allow Security Freezes 
for Minors' 
Amend the amendment by inserting before section 1 the following: 
'Sec. 1. 10 MRSA §1308, sub-§§6-A, 6-8, 7-A, 7-8 and 7-C are enacted to 
read: 
6-A. Protected consumer. "Protected consumer" means an individual who has not 
attained 16 years of age at the time a request for the placement of a security freeze is 
made. 
6-B. Representative. "Representative" means a person who provides to a consumer 
reporting agency sufficient proof of authority to act on behalf of a protected consumer. 
7-A. Security freeze for a protected consumer. "Security freeze for a protected 
consumer" means: 
A. If a consumer reporting agency does not have a file pertaining to a protected 
consumer, a restriction that: 
(1) Is placed on the protected consumer's record in accordance with section 
1310, subsection I-A; and 
(2) 
Prohibits the consumer reporting agency from releasing the protected 
consumer's record except as provided in this section; or 
B. If a consumer reporting agency has a file pertaining to the protected consumer, a 
restriction that: 
(1) Is placed on the protected consumer's consumer report in accordance with 
section 1310, subsection I-A; and 
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SENATE AMENDMENT" j\" to COMMITTEE AMENDMENT "A" to S.P. 150, L.D. 382 
(2) 
Prohibits the consumer reporting agency from releasing the protected 
consumer's consumer report or any information derived from the protected 
consumer's consumer report except as provided in section 1310, subsection I-A. 
7-B. 
Sufficient proof of authority. 
"Sufficient proof of authority" means 
documentation that shows a representative has authority to act on behalf of a protected 
consumer. "Sufficient proof of authority" includes, but is not limited to: 
A. An order issued by a court of law; or 
B. A written, notarized statement signed by a representative that expressly describes 
the authority of the representative to act on behalf of a protected consumer. 
7-C. Sufficient proof of identification. "Sufficient proof of identification" means 
information or documentation that identifies a protected consumer or a representative of a 
protected consumer. "Sufficient proof of identification" includes, but is not limited to: 
A. A social security number or a copy of a social security card issued by the federal 
Social Security Administration; 
B. A certified or official copy of a birth certificate; or 
C. A copy of a driver's license, an identification card issued by the Secretary of State 
pursuant to Title 29-A, section 1410 or any other government-issued photo 
identification.' 
Amend the amendment in section 1 in paragraph A by striking out all of 
subparagraph (3) (page 2, lines 7 to 15 in amendment) 
Amend the amendment by inserting after section 1 the following: 
'Sec. 2. 10 MRSA §1310, sub-§I-A is enacted to read: 
I-A. Security freeze for a protected consumer. Beginning October 1, 2015, a 
person subject to this chapter shall comply with the following provisions regarding a 
security freeze for a protected consumer. 
A. 
A consumer reporting agency shall place a security freeze for a protected 
consumer if: 
(1) 
The consumer reporting agency receives a request from the protected 
consumer's representative for the placement of the security freeze under this 
subsection; and 
(2) The protected consumer's representative: 
(a) Submits the request to the consumer reporting agency at the address or 
other point of contact and in the manner specified by the consumer reporting 
agency; 
(b) 
Provides to the consumer reporting agency sufficient proof of 
identification of the protected consumer and the representative; 
(c) Provides to the consumer reporting agency sufficient proof of authority 
to act on behalf of the protected consumer; and 
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SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to S.P. 150, L.D. 382 
(d) Pays to the consumer reporting agency any fee, as provided in paragraph 
H. 
B. If a consumer reporting agency does not have a file pertaining to a protected 
consumer when the consumer reporting agency receives a request under this 
subsection, the consumer reporting agency shall create a record for the protected 
consumer. 
This record may not be created or used to consider the protected consumer's credit 
worthiness, credit standing, credit capacity, character, general reputation, personal 
characteristics or mode of living for any purpose listed in 15 United States Code, 
Section 1681 b. 
C. 
Within 30 days after receiving a request that meets the requirements of this 
subsection, a consumer reporting agency shall place a security freeze for the 
protected consumer on the record created for the protected consumer or on the file 
pertaining to the protected consumer in the event that the consumer reporting agency 
already has a file pertaining to the protected consumer. 
D. Unless a security freeze for a protected consumer is removed in accordance with 
this subsection, a consumer reporting agency may not release the protected 
consumer's consumer report, any information derived from the protected consumer's 
consumer report, or any record created for the protected consumer. 
E. A security freeze for a protected consumer placed under this subsection remains in 
effect until: 
(I) The protected consumer or the protected consumer's representative requests 
the consumer reporting agency to remove the security freeze in accordance with 
this subsection; or 
(2) The security freeze is removed in accordance with paragraph F or 1. 
F. 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 
reporting agency at the address or other point of contact and in the manner 
specified by the consumer reporting agency; 
(2) Provide to the consumer reporting agency: 
(a) In the case of a request by the protected consumer: 
(0 
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 that the protected consumer has attained the age of 16; 
and 
(m Sufficient proof of identification of the protected consumer; or 
(b) In the case of a request by the representative of a protected consumer: 
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SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to S.P. \50, L.D. 382 
(D Sufficient proof of identification of the protected consumer and the 
representative; and 
(ii) 
Sufficient proof of authority to act on behalf of the protected 
consumer; and 
(3) Pay to the consumer reporting agency any fee authorized in paragraph H. 
G. Within 30 days after receiving a request that meets the requirements for removing 
a security freeze for a protected consumer, the consumer reporting agency shall 
remove the security freeze. 
H. A consumer reporting agency may charge a reasonable fee, not exceeding $10 for 
each placement or removal of a security freeze for a protected consumer, except that 
a consumer reporting agency may not charge a fee for placement or removal of a 
security freeze for a protected consumer if: 
(1) The protected consumer or the protected consumer's representative: 
(a) 
Has obtained a report of alleged identity theft or fraud against the 
protected consumer; and 
(b) 
The representative provides a copy of the report to the consumer 
reporting agency; 
(2) The consumer reporting agency has a consumer report pertaining to the 
protected consumer; or 
(3) The protected consumer or the protected consumer's representative: 
(a) 
Receives a notice from an information broker or other person of a 
security breach as required by section 1348; and 
(b) Provides a copy of that notice to the consumer reporting agency. 
I. 
A consumer reporting agency shall remove a security freeze for a protected 
consumer or delete a record of a protected consumer if the 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. 
J. The provisions of this subsection do not apply to the use of a consumer report by: 
(1) A person administering a credit file monitoring subscription service to which 
the protected consumer has subscribed or to which a representative has 
subscribed on behalf of a protected consumer; 
(2) A consumer reporting agency for the sole purpose of providing the protected 
consumer or the protected consumer's representative a copy of the protected 
consumer's consumer report upon the request of the protected consumer or the 
protected consumer's representative; 
(3) An entity described in subsection 1, paragraph M, subparagraphs (3), (4), (5) 
and (10); or 
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(4) A consumer reporting agency's database or file that consists of information 
concerning, and used for, one or more of the following: criminal record 
information, fraud prevention or detection, personal loss history information, 
and employment, tenant or background screening. 
K. A person may not be held liable for any violation of this subsection if the person 
shows by a preponderance of the evidence that at the time of the alleged violation the 
person maintained reasonable procedures to ensure compliance with the provisions of 
this subsection. 
For the purposes of this subsection, "record" means a compilation of information that 
identifies a protected consumer and is created by a consumer reporting agency solely for 
the purpose of complying with section 1310, subsection I-A. 
Sec. 3. 10 MRSA §1310, sub-§3, as enacted by PL 2013, c. 228, §1, is amended 
to read: 
3. Persons not required to place security freeze. The following persons are not 
required to place on a consumer report a security freeze pursuant to subsection 1 or I-A, 
except that any person that is not required to place a security freeze on a oonsumer report 
under the provisions of subsection 1 or I-A is subject to a security freeze placed efHl 
consumer report by another consumer reporting agency from which it obtains 
information: 
A. A check services or fraud prevention services company that reports on incidents 
of fraud or issues authorizations for the purpose of approving or processing 
negotiable instruments, electronic fund transfers or similar methods of payment; 
B. A deposit account information services company that issues reports regarding 
account closures due to fraud, overdrafts, automated teller machine abuse or similar 
negative information regarding a consumer to inquiring financial institutions for use 
only in reviewing that consumer's request for a deposit account at the inquiring 
financial institution; and 
C. A consumer reporting agency that: 
(1) Acts only to resell credit information by assembling and merging information 
contained in a database of one or more consumer reporting agencies; and 
(2) Does not maintain a permanent database of credit information from which 
new consumer reports are produced.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment amends Committee Amendment "A." It replaces the language on 
security freezes involving minors under 16 years of age in Committee Amendment "A" 
with language that is consistent with the laws of other states that permit security freezes 
for minors under 16 years of age. The amendment permits a consumer reporting agency 
to charge a fee of up to $10 for each placement of or removal of a security freeze for a 
SENATE AMENDMENT 
SENATE AMENDMENT"}. "to COMMITTEE AMENDMENT "A" to S.P. 150, L.D. 382 
minor under 16 years of age. Committee Amendment "A" eliminates fees related to 
security freezes for a cons 
er who is not a inor under 16 years of age. 
SPONSOREDBY:~~~~~~~~~~ 
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COUNTY: Somerset 
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