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SF 2145

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to consumer protection; providing a procedure
to block the reporting of information in a consumer
credit report in cases of identity theft; proposing
coding for new law in Minnesota Statutes, chapter 13C.

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

Section 1.

new text begin [13C.032] IDENTITY THEFT; CREDIT BLOCKS.
new text end

new text begin (a) If a consumer submits to a credit reporting agency a
copy of a valid police report, or a valid investigative report
made by an investigator with peace officer status, the consumer
credit reporting agency shall promptly and permanently block
reporting any information that the consumer alleges appears on
his or her credit report as a result of a violation of section
609.527 so that the information cannot be reported. The
consumer credit reporting agency shall promptly notify the
furnisher of the information that the information has been
blocked. Furnishers of information and consumer credit
reporting agencies shall ensure that information is unblocked
only upon a preponderance of the evidence establishing the facts
required under paragraph (b), clause (1), (2), or (3).
new text end

new text begin (b) The permanently blocked information must be unblocked
only if:
new text end

new text begin (1) the information was blocked due to a material
misrepresentation of fact by the consumer or fraud;
new text end

new text begin (2) the consumer agrees that the blocked information, or
portions of the blocked information, were blocked in error; or
new text end

new text begin (3) the consumer knowingly obtained possession of goods,
services, or money as a result of the blocked transaction or
transactions or the consumer should have known that he or she
obtained possession of goods, services, or money as a result of
the blocked transaction or transactions.
new text end

new text begin (c) If blocked information is unblocked pursuant to this
subdivision, the consumer must be promptly notified. The prior
presence of the blocked information in the consumer credit
reporting agency's file on the consumer is not evidence of
whether the consumer knew or should have known that he or she
obtained possession of any goods, services, or money. For the
purposes of this subdivision, fraud may be demonstrated by
circumstantial evidence. In unblocking information pursuant to
this subdivision, furnishers and consumer credit reporting
agencies are subject to their respective requirements pursuant
to this chapter regarding the completeness and accuracy of
information.
new text end