HF 3480

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/15/2018 04:04pm

A bill for an act
relating to consumer protection; regulating security freezes on consumer reports;
providing for payment of fees; 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] CONTRACT CLAUSES.
new text end

new text begin If a consumer reporting agency reports that there has been a breach of the security system
involving consumers' personal information, as provided in section 325E.61, and the consumer
reporting agency offers additional or reduced cost security services, including but not limited
to credit monitoring services, security freezes, or security locks, then the consumer reporting
agency may not include in a contract with the consumer a clause requiring mediation,
arbitration, or any other form of alternative dispute resolution, or limiting the liability of
the consumer reporting agency in any way. Such a clause 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