HF 3480

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 04/09/2018 04:34pm

A bill for an act
relating to consumer protection; modifying consumer report regulation; regulating
security freezes, alternative dispute resolution, and credit monitoring services;
amending Minnesota Statutes 2016, section 13C.016, subdivision 8; proposing
coding for new law in Minnesota Statutes, chapter 13C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 13C.016, subdivision 8, is amended to read:

Subd. 8.

Fees.

(a) A consumer reporting agency may new text begin not new text end charge a fee deleted text begin of $5 deleted text end for placing,
temporarily lifting, or removing a security freeze deleted text begin unless: deleted text end new text begin .
new text end

deleted text begin (1) the consumer is a victim of identity theft as defined in subdivision 1, paragraph (c);
and
deleted text end

deleted text begin (2) the consumer provides the consumer reporting agency with a valid copy of a police
report or a police case number documenting the identity theft.
deleted text end

(b) deleted text begin In addition to the charge, if any, permitted under paragraph (a), deleted text end A consumer may be
charged no more than $5 if the consumer fails to retain the original personal identification
number given to the consumer by the agency, but the consumer may not be charged for a
onetime reissue of the same or a new personal identification number. The consumer may
be charged no more than $5 for subsequent instances of loss of the personal identification
number.

(c) A consumer who makes a written request by mail may pay any fee charged pursuant
to this subdivision by check, money order, or credit card. A consumer who makes a request
by telephone or other electronic media may pay any fee charged pursuant to this subdivision
by credit card.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to security freezes placed, temporarily lifted, or removed on or after that date.
new text end

Sec. 2.

new text begin [13C.05] ALTERNATIVE DISPUTE RESOLUTION.
new text end

new text begin A contract between a consumer reporting agency and a consumer that allows or requires
arbitration, mediation, or any other form of alternative dispute resolution must be venued
in the county of this state where the consumer resides. Any clause in the contract that
provides otherwise is void and unenforceable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to contracts entered into on or after that date.
new text end

Sec. 3.

new text begin [13C.06] CREDIT MONITORING SERVICES.
new text end

new text begin If a consumer reporting agency has had a breach of the security system involving a
consumer's personal information, as provided in section 325E.61, the consumer reporting
agency must offer credit monitoring services to the consumer for six years from the date of
the breach, or the date the consumer reporting agency notifies the consumer of the breach,
whichever is later. The credit monitoring services must be offered at no cost to the consumer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to breaches of the security system that occur on or after that date.
new text end