TITLE XXXI
TRADE AND COMMERCE
Chapter 359-B
CONSUMER CREDIT REPORTING
Section 359-B:1
359-B:1 Short Title. –
This chapter may be cited as the Fair Credit Reporting Act.
Source. 1971, 430:1, eff. Aug. 29, 1971.
Section 359-B:2
359-B:2 Findings and Purpose. –
I. The general court makes the following findings:
(a) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.
(b) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.
(c) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.
(d) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer's right to privacy.
II. It is the purpose of this chapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this chapter.
Source. 1971, 430:1, eff. Aug. 29, 1971.
Section 359-B:3
359-B:3 Definitions and Rules of Construction. –
I. Definitions and rules of construction set forth in this section are applicable for the purposes of this chapter.
II. The term "person" means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.
III. The term "consumer" means an individual.
IV. The term "consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for (1) credit or insurance to be used primarily for personal, family, or household purposes, or (2) employment purposes, or (3) other purposes authorized under RSA 359-B:4. The term does not include (1) any report containing information solely as to transactions or experiences between the consumer and the person making the report; (2) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or (3) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made and such person makes the disclosures to the consumer required under RSA 359-B:15.
V. The term "investigative consumer report" means a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.
VI. The term "consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
VII. The term "file", when used in connection with information on any consumer, means all of the information on that consumer recorded, and retained by a consumer reporting agency regardless of how the information is stored.
VIII. The term "employment purposes", when used in connection with a consumer report, means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.
IX. The term "medical information" means information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics, or other medical or medically related facilities.
X. "Firm offer of credit" means any offer of credit to a consumer which will be honored if, based on information in a consumer report on the consumer and other information bearing on the creditworthiness of the consumer, the consumer is determined to meet the criteria used to select the consumer for the offer.
XI. "Pre-screening" means a process by which a consumer reporting agency compiles or edits for a client a list of consumers who meet specific criteria and provides this list to the client or third party on behalf of the client for the purpose of making a firm offer of credit.
XII. "Direct solicitation" means the process by which the consumer reporting agency compiles or edits for a client a list of consumers who meet specific criteria and provides the list to the client or a third party on behalf of the client for use in soliciting those consumers for an offer of a product or service.
Source. 1971, 430:1. 1994, 271:1, eff. Jan. 1, 1995.
Section 359-B:4
359-B:4 Permissible Purposes of Reports. –
I. A consumer reporting agency may furnish a consumer report under the following circumstances and no other:
(a) In response to the order of a court having jurisdiction to issue such an order.
(b) In accordance with the written instructions of the consumer to whom it relates.
(c) To a person which it has reason to believe-
(1) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or
(2) intends to use the information for employment purposes; or
(3) intends to use the information in connection with the underwriting of insurance involving the consumer; or
(4) intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or
(5) otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer.
II. (a) A consumer reporting agency may furnish information for the purposes of a transaction under subparagraph I(c)(1) and (5) of this section when the transaction is not initiated by the consumer, only if:
(1) The consumer authorized the consumer reporting agency to furnish the information; or
(2) The transaction involves a firm offer of credit to the consumer or is a pre-screening or direct solicitation transaction; and
(A) The consumer reporting agency has complied with RSA 359-B:4-a; and
(B) The consumer has not elected in accordance with RSA 359-B:4-a to have information about himself excluded from such transactions.
(b) Notwithstanding subparagraph (a), a consumer reporting agency may, in the case of a credit transaction initiated by the consumer, use such information in reviewing or collecting an account of the consumer or in other circumstances under which a consumer report may be provided under subparagraph I(c)(5), provided there is an ongoing relationship between the user of the consumer report and the consumer.
(c) An election of a consumer under RSA 359-B:4-a shall terminate and be of no force or effect following notice from the consumer to the consumer reporting agency, through the system established pursuant to RSA 359-B:4-a, that the election is no longer effective.
III. Notwithstanding the provisions of paragraphs I and II, a consumer reporting agency may furnish an investigative consumer report to the consumer as provided in RSA 359-B:9, III.
Source. 1971, 430:1. 1973, 583:2. 1994, 271:2, eff. Jan. 1, 1995.
Section 359-B:4-a
359-B:4-a Election to be Excluded From Certain Lists. –
I. A consumer may elect to have information about such consumer excluded from any transaction not initiated by the consumer under RSA 359-B:4, II, including any list provided by a consumer reporting agency through pre-screening or direct solicitation transactions that are not initiated by the consumer, by notifying the consumer reporting agency by telephone or in writing.
II. An election by a consumer under paragraph I of this section shall be effective with respect to a consumer reporting agency and any affiliate of the agency within 5 business days after the agency is notified.
III. Each consumer reporting agency shall establish and maintain a notification system, including a toll-free telephone number, which permits any consumer, with appropriate identification and for whom the agency has a file, to notify the agency of the consumer's election under paragraph I. A consumer reporting agency that maintains consumer reports on a nationwide basis shall establish such a notification system on a nation-wide basis and may operate such a system jointly with any other consumer reporting agencies. Compliance with the requirements of this section by any consumer reporting agency shall constitute compliance by the agency's affiliates.
IV. Any person who uses a consumer report in connection with any transaction not initiated by the consumer under RSA 359-B:4, II shall provide the consumer with a statement displayed in a conspicuous and readable format and type that offers a reasonable procedure for the removal of a consumer's name from marketing lists derived from consumer report information by calling an 800 number or writing to an address provided in said statement.
Source. 1994, 271:3, eff. Jan. 1, 1995.
Section 359-B:5
359-B:5 Obsolete Information. –
I. Except as authorized under paragraph II, no consumer reporting agency may make any consumer report containing any of the following items of information:
(a) Bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than 10 years.
(b) Suits and judgments which, from date of entry, antedate the report by more than 7 years or until the governing statute of limitations has expired, whichever is the longer period.
(c) Paid tax liens which, from date of payment, antedate the report by more than 7 years.
(d) Accounts placed for collection or charged to profit and loss which antedate the report by more than 7 years.
(e) Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than 7 years.
(f) Any other adverse item of information which antedates the report by more than 7 years.
II. The provisions of paragraph I are not applicable in the case of any consumer credit report to be used in connection with:
(a) A credit transaction involving, or which may reasonably be expected to involve, a principal amount of $50,000 or more;
(b) The underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of $50,000 or more; or
(c) The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal, $20,000 or more.
Source. 1971, 430:1. 2004, 85:1, eff. Jan. 1, 2005.
Section 359-B:6
359-B:6 Disclosure of Investigative Consumer Reports. –
I. A person may not procure or cause to be prepared an investigative consumer report on any consumer unless:
(a) It is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and such disclosure
(1) is made in a writing mailed, or otherwise delivered, to the consumer, not later than 3 days after the date on which the report was first requested, and
(2) includes a statement informing the consumer of his right to request the additional disclosures provided for under paragraph II, or
(b) The report is to be used for employment purposes for which the consumer has not specifically applied.
II. Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by paragraph I(a), make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than 5 days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later.
III. No person may be held liable for any violation of paragraph I or II if he shows by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with paragraph I or II.
Source. 1971, 430:1, eff. Aug. 29, 1971.
Section 359-B:7
359-B:7 Compliance Procedures. –
I. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of RSA 359-B:5 and to limit the furnishing of consumer reports to the purposes listed under RSA 359-B:4. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in RSA 359-B:4.
II. Whenever a consumer reporting agency prepares a consumer report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.
Source. 1971, 430:1, eff. Aug. 29, 1971.
Section 359-B:8
359-B:8 Disclosures to Governmental Agencies. –
Notwithstanding the provisions of RSA 359-B:4, a consumer reporting agency may furnish identifying information respecting any consumer, limited to his name, address, former addresses, places of employment, or former places of employment, to a governmental agency.
Source. 1971, 430:1, eff. Aug. 29, 1971.
Section 359-B:9
359-B:9 Disclosures to Consumers. –
I. Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer:
(a) The nature and substance of all information (except medical information) in its files on the consumer at the time of the request.
(b) The sources of the information, except that the sources of information acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed; provided, that in the event an action is brought under this chapter, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought.
(c) The recipients of any consumer report on the consumer which it has furnished:
(1) for employment purposes within the 2-year period preceding the request, and
(2) for any other purpose within the 6-month period preceding the request.
II. The requirements of paragraph I respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to August 29, 1971, except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date.
III. Whenever an investigative consumer report is requested by any person, the consumer reporting agency shall furnish to the consumer investigated upon his request, and upon payment by the consumer investigated of a reasonable copy fee, the following:
(a) A copy of the investigative consumer report it has prepared;
(b) The information specified in paragraph I;
(c) The names of all the sources of information in its files on the consumer which were actually used in the preparation of the investigative consumer report; and
(d) The names of all persons to whom the investigative consumer report was sent.
Source. 1971, 430:1. 1973, 583:1, eff. Sept. 4, 1973.
Section 359-B:10
359-B:10 Conditions of Disclosure to Consumers. –
I. A consumer reporting agency shall make the disclosures required under RSA 359-B:9 during normal business hours and on reasonable notice.
II. The disclosures required under RSA 359-B:9 shall be made to the consumer:
(a) In person if he appears in person and furnishes proper identification; or
(b) By telephone if he has made a written request, with proper identification, for telephone disclosure and the toll charge, if any, for the telephone call is prepaid by or charged directly to the consumer.
III. Any consumer reporting agency shall provide trained personnel to explain to the consumer any information furnished to him pursuant to RSA 359-B:9.
IV. The consumer shall be permitted to be accompanied by one other person of his choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer's file in such person's presence.
V. Except as provided in RSA 359-B:16 and 17, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency, based on information disclosed pursuant to RSA 359-B:9, 10 or 15, except as to false information furnished with malice or willful intent to injure such consumer.
Source. 1971, 430:1, eff. Aug. 29, 1971.
Section 359-B:11
359-B:11 Procedure in Case of Disputed Accuracy. –
I. If the completeness or accuracy of any item of information contained in the consumer's file is disputed by a consumer, and such dispute is directly conveyed to the consumer reporting agency by the consumer, the consumer reporting agency shall within a reasonable period of time, but not to exceed 30 days, beginning on the date the appropriate consumer assistance office receives notice of the dispute from the consumer, reinvestigate and record the current status of that information unless it has reasonable grounds to believe that the dispute is frivolous or irrelevant.
II. Within 10 business days after completion of a reinvestigation, the agency shall provide the consumer with written information, free of charge, which includes:
(a) A statement that the reinvestigation is completed.
(b) A consumer report that is based on the consumer's file as that file is revised as a result of the reinvestigation.
(c) A description or indication of any changes made in the consumer report as a result of those revisions.
(d) Notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the consumer reporting agency, including the name, business address, and telephone number of any furnisher of information contacted in connection with that information.
(e) Notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the information.
(f) Notice that the consumer has the right to request that the consumer credit reporting agency furnish notifications under paragraphs VI and VII of this section.
(g) Notice that the consumer has a right to obtain all information required to be disclosed by state or federal law.
III. If after such reinvestigation such information is found to be inaccurate or can no longer be verified, the consumer reporting agency shall within 10 business days change or delete such information.
IV. If the reinvestigation does not resolve the dispute, the consumer may file a brief statement setting forth the nature of the dispute. The consumer reporting agency may limit such statements to not more than 100 words if it provides the consumer with assistance in writing in clear summary of the dispute.
V. Whenever a statement of a dispute is filed, unless there are reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer's statement or a clear and accurate codification or summary of the consumer's statement.
VI. Following the filing of a statement of dispute pursuant to paragraph IV, the consumer may request that the consumer reporting agency furnish notification to any person specifically designated by the consumer, who has, within 2 years prior to the filing of the dispute, received a consumer report concerning the consumer for employment purposes, or who has, within 6 months of the filing of the dispute, received a consumer report for any other purposes, which contained the disputed information, that the item is disputed and forward to him a copy of the statement provided for in paragraphs IV and V.
VII. Following any change or deletion of information which is found not to be accurate, or the accuracy of which can no longer be verified, the consumer reporting agency, in good faith, shall, upon the request of the consumer, furnish notification within a reasonable period of time to any person designated by the consumer who has within 2 years prior to the change or deletion received a consumer report for employment purposes, or within 6 months prior to the change or deletion received a consumer report for any other purpose, which contained the change or deleted item, that the item has been changed or deleted.
VIII. In conducting a reinvestigation, the consumer reporting agency shall review and consider all relevant information submitted by the consumer with respect to the disputed item of information.
IX. No information shall be reinserted in a consumer's file after having been deleted pursuant to this section unless the person who furnishes the information verifies that the information is accurate. If any information so deleted from a consumer's file is reinserted in the file, the consumer reporting agency shall promptly notify the consumer of the reinsertion in writing or, if authorized by the consumer for that purpose, by any other means available to the consumer reporting agency. As part of, or in addition to, this notice the consumer reporting agency shall, within 5 business days of reinserting the information, provide the consumer in writing:
(a) A statement that the disputed information has been reinserted.
(b) A notice that the agency will provide to the consumer, within a reasonable period of time following a request, the name, address, and telephone number of any furnisher of information contacted or which contacted the consumer reporting agency in connection with the reinsertion.
(c) The toll-free telephone number of the consumer reporting agency which the consumer can use to obtain this name, address, and telephone number.
(d) A notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the information.
Source. 1971, 430:1. 1994, 271:4, eff. Jan. 1, 1995.
Section 359-B:12
359-B:12 Charges for Certain Disclosures. –
A consumer reporting agency shall make all disclosures pursuant to RSA 359-B:9 and furnish all consumer reports pursuant to RSA 359-B:11, VII, without charge to the consumer if, within 30 days after receipt by such consumer of a notification pursuant to RSA 359-B:15 or notification from a debt collection agency affiliated with such consumer reporting agency stating that the consumer's credit rating may be or has been adversely affected, the consumer makes a request under RSA 359-B:9 or 359-B:11, VII. Otherwise, the consumer reporting agency may impose a reasonable charge on the consumer for making disclosure to such consumer pursuant to RSA 359-B:9, the charge for which shall be indicated to the consumer prior to making disclosure; and for furnishing notifications, statements, summaries, or codifications to a person designated by the consumer pursuant to RSA 359-B:11, VII, the charge for which shall be indicated to the consumer prior to furnishing such information and shall not exceed the charge that the consumer reporting agency would impose on each designated recipient for a consumer report, except that no charge may be made for notifying such persons of the deletion of information which is found to be inaccurate or which can no longer be verified.
Source. 1971, 430:1, eff. Aug. 29, 1971.
Section 359-B:13
359-B:13 Public Record Information for Employment Purposes. –
A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer's ability to obtain employment shall:
I. At the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or
II. Maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported.
Source. 1971, 430:1, eff. Aug. 29, 1971.
Section 359-B:14
359-B:14 Restrictions on Investigative Consumer Reports. –
Whenever a consumer reporting agency prepares an investigative consumer report, no adverse information in the consumer report (other than information which is a matter of public record) may be included in a subsequent consumer report unless such adverse information has been verified in the process of making such subsequent consumer report, or the adverse information was received within the 3-month period preceding the date the subsequent report is furnished.
Source. 1971, 430:1, eff. Aug. 29, 1971.
Section 359-B:15
359-B:15 Requirements on Users of Consumer Reports. –
I. Whenever credit or insurance for personal, family, or household purposes, or employment involving a consumer, is denied or the charge for such credit or insurance is increased either wholly or partly because of information contained in a consumer report from a consumer reporting agency, the user of the consumer report shall so advise the consumer against whom such adverse action has been taken and supply the name and address of the consumer reporting agency making the report.
II. Whenever credit for personal, family, or household purposes involving a consumer is denied or the charge for such credit is increased either wholly or partly because of information obtained from a person other than a consumer reporting agency bearing upon the consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, the user of such information shall, within a reasonable period of time, upon the consumer's written request for the reasons for such adverse action received within 60 days after learning of such adverse action, disclose the nature of the information to the consumer. The user of such information shall clearly and accurately disclose to the consumer his right to make such written request at the time such adverse action is communicated to the consumer.
III. No person shall be held liable for any violation of this section if he shows by a preponderance of the evidence that at the time of the alleged violation he maintained reasonable procedures to assure compliance with the provisions of paragraphs I and II.
Source. 1971, 430:1, eff. Aug. 29, 1971.
Section 359-B:16
359-B:16 Civil Liability for Willful Noncompliance. –
Any consumer reporting agency or user of information which willfully fails to comply with any requirement imposed under this chapter with respect to any consumer is liable to that consumer in an amount equal to the sum of:
I. Any actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;
II. Such amount of punitive damages as the court may allow; and
III. In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.
Source. 1971, 430:1. 2006, 208:2, eff. Jan. 1, 2007.
Section 359-B:17
359-B:17 Civil Liability for Negligent Noncompliance. –
Any consumer reporting agency or user of information which is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of:
I. Any actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;
II. In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.
Source. 1971, 430:1. 2006, 208:3, eff. Jan. 1, 2007.
Section 359-B:18
359-B:18 Jurisdiction of Courts; Limitation of Actions. –
An action to enforce any liability created under this chapter may be brought in any court of competent jurisdiction within 2 years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this chapter to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this chapter, the action may be brought at any time within 2 years after discovery by the individual of the misrepresentation.
Source. 1971, 430:1, eff. Aug. 29, 1971.
Section 359-B:19
359-B:19 Obtaining Information Under False Pretenses. –
Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source. 1971, 430:1. 1973, 528:253, eff. Oct. 31, 1973 at 11:59 p.m.
Section 359-B:20
359-B:20 Unauthorized Disclosures by Officers and Employees. –
Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency's files to a person not authorized to receive that information shall be fined not more than $5,000 or imprisoned not more than one year, or both.
Source. 1971, 430:1, eff. Aug. 29, 1971.
Section 359-B:21
359-B:21 Administrative Enforcement. –
Compliance with the requirements imposed under this chapter shall be enforced by the attorney general.
Source. 1971, 430:1. 1979, 171:1. 1985, 300:7, I(b).
Security Freeze
Section 359-B:22
359-B:22 Definitions. –
In this subdivision:
I. "Identity theft" means the unauthorized taking or use of an individual's personal information to obtain credit, goods, services, money, or property, with the intent to commit fraud. In this paragraph, personal information includes, but is not limited to, an individual's first name or initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:
(a) Social security number.
(b) Driver's license number.
(c) Account number, credit card number, or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account.
II. "Proper identification" has the same meaning as in 15 U.S.C. section 1681h(a)(1), and includes:
(a) The consumer's full name, including first, last, and middle names and any suffix.
(b) Any name the consumer previously used.
(c) The consumer's current and recent full addresses, including street address, any apartment number, city, state, and zip code.
(d) The consumer's social security number.
(e) The consumer's date of birth.
III. "Security freeze" or "freeze" means a notice placed in a consumer report at the request of the consumer pursuant to RSA 359-B:24 that prohibits a consumer reporting agency from releasing the consumer report or credit score.
Source. 2006, 208:1, eff. Jan. 1, 2007.
Section 359-B:23
359-B:23 Notice to Consumers. –
At any time that a consumer is required to receive a summary of rights required under section 609 of the federal Fair Credit Reporting Act, 15 U.S.C. section 1681g, the following notice shall be included:
Notice to New Hampshire Consumers
Right to Security Freeze on Consumer Credit Report
You have a right to place a "security freeze" on your credit report pursuant to RSA 359-B:24. Under New Hampshire law, what is commonly known as a credit report is referred to as a consumer report.
The security freeze will prohibit a consumer reporting agency from releasing any information in your consumer report without your express authorization. A security freeze can be requested in writing by first-class mail, by telephone, or electronically.
The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gains access to the personal and financial information in your consumer report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding new loans, credit, mortgage, insurance, rental housing, employment, investment, license, cellular phone, utilities, digital signature, Internet credit card transactions, or other services, including an extension of credit at point of sale.
The freeze will be placed within 3 business days if you request it by mail, or within 24 hours if you request it by telephone or electronically. When you place a security freeze on your credit report, within 3 business days, you will be sent a personal identification number or a password to use when you want to remove the security freeze, temporarily lift it, or lift it with respect to a particular third party.
A freeze does not apply when you have an existing account relationship and a copy of your report is requested by your existing creditor or its agents or affiliates for certain types of account review, collection, fraud control, or similar activities.
You should plan ahead and lift a freeze if you are actively seeking credit or services as a security freeze may slow your applications, as mentioned above.
You can remove a freeze, temporarily lift a freeze, or lift a freeze with respect to a particular third party by contacting the consumer reporting agency and providing all of the following:
(1) Your personal identification number or password.
(2) Proper identification to verify your identity.
(3) Proper information regarding the period of time you want your report available to users of the consumer report, or the third party with respect to which you want to lift the freeze.
A consumer reporting agency that receives a request from you to temporarily lift a freeze or to lift a freeze with respect to a particular third party on a consumer report shall comply with the request no later than 3 business days after receiving the request by mail and no later than 15 minutes after receiving a request by telephone or electronically.
A consumer reporting agency may not charge you a fee to freeze, remove a freeze, temporarily lift a freeze, or lift a freeze with respect to a particular third party.
You have a right to bring a civil action against someone who violates your rights under the credit reporting laws. The action can be brought against a consumer reporting agency or a user of your credit report.
Source. 2006, 208:1, eff. Jan. 1, 2007. 2018, 198:1, eff. Jan. 1, 2019; 209:1, eff. Jan. 1, 2019.
Section 359-B:24
359-B:24 Security Freeze by Consumer Reporting Agency. –
I. A consumer may place a security freeze on the consumer's consumer report by making a request to a consumer reporting agency in accordance with this section. A security freeze shall prohibit, subject to exceptions in RSA 359-B:26, the consumer reporting agency from releasing the consumer's credit report or any information from it without the express authorization of the consumer. When a security freeze is in place, a consumer reporting agency may not release the consumer's credit report or information to a third party without prior express authorization from the consumer. This section does not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer report, provided that the consumer reporting agency does not state or otherwise imply to the third party that the consumer's security freeze reflects a negative credit score, history, report, or rating. A consumer reporting agency shall place a security freeze on a consumer report if the consumer requests a security freeze by any of the following methods:
(a) First-class mail.
(b) Telephone call.
(c) Secure website or secure electronic mail connection.
II. A consumer reporting agency shall place a security freeze on a consumer report no later than 3 business days after receiving a written request from the consumer by mail. A consumer reporting agency that receives such a request electronically or by telephone shall comply with the request within 24 hours of receiving the request.
III. The consumer reporting agency shall send a written confirmation of the security freeze to the consumer within 3 business days of placing the freeze and at the same time shall provide the consumer with a unique personal identification number or password, other than the consumer's social security number, to be used by the consumer when providing authorization for the release of the consumer's credit report for a specific period of time, or to a specific party, or for permanently lifting the freeze.
IV. If the consumer wishes to allow the consumer report to be accessed for a specific period of time or by a specific party while a freeze is in place, the consumer shall contact the consumer reporting agency by mail, by telephone, or electronically, request that the freeze be lifted or lifted with respect to a specific party, and provide all of the following:
(a) Proper identification.
(b) The unique personal identification number or password provided by the consumer reporting agency pursuant to paragraph III.
(c) The proper information regarding the third party who is authorized to receive the consumer report or the time period for which the report shall be available to users of the consumer report.
V. A consumer reporting agency that receives a request by mail from a consumer to lift a freeze on a consumer report pursuant to paragraph IV shall comply with the request no later than 3 business days after receiving the request. A consumer reporting agency that receives such a request electronically or by telephone shall comply with the request within 15 minutes of receiving the request.
VI. A consumer reporting agency shall remove, temporarily lift, or lift with respect to a specific third party a freeze placed on a consumer report only in the following cases:
(a) Upon the consumer's request, pursuant to paragraph IV or IX.
(b) If the consumer's credit report was frozen due to a material misrepresentation of fact by the consumer. If a consumer reporting agency intends to remove a freeze upon a consumer report pursuant to this section, the consumer reporting agency shall notify the consumer in writing prior to removing the freeze on the consumer report.
VII. If a third party requests access to a consumer report on which a security freeze is in effect and this request is in connection with an application for credit or any other use and the consumer does not allow the consumer's credit report to be accessed for that specific period of time, the third party may treat the application as incomplete.
VIII. If a consumer requests a security freeze pursuant to this section, the consumer reporting agency shall disclose to the consumer the process of placing and temporarily lifting a security freeze and the process for allowing access to information from the consumer report for a specific period of time or to a specific third party while the security freeze is in place.
IX. A security freeze shall remain in place until the consumer requests that the security freeze be temporarily lifted for a specific period of time or to a specific third party or removed. A consumer reporting agency shall remove a security freeze within 15 minutes of receiving an electronic request for removal from the consumer or within 3 business days of receiving a written or telephonic request for removal from the consumer, who provides all of the following:
(a) Proper identification.
(b) The unique personal identification number or password provided by the consumer reporting agency pursuant to paragraph III.
X. A consumer reporting agency shall require proper identification of the person making a request to place or remove a security freeze.
XI. If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer's file: name, date of birth, social security number, and address. Written confirmation is not required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and the former address.
XII. A consumer reporting agency shall not charge a fee to put a security freeze in place, remove a security freeze, or lift a security freeze for a specific period of time or to a specific third party. Nor shall a consumer reporting agency charge a consumer to issue or replace a personal identification number.
Source. 2006, 208:1, eff. Jan. 1, 2007. 2018, 198:1, eff. Jan. 1, 2019; 209:1, eff. Jan. 1, 2019.
Section 359-B:25
359-B:25 Repealed by 2018, 198:2; 209:2, eff. Jan. 1, 2019. –
Section 359-B:26
359-B:26 Persons Not Required to Place Security Freeze. –
The following persons are not required to place a security freeze on a consumer report pursuant to RSA 359-B:24, except that any person that is not required to place a security freeze on a consumer report under paragraph III is subject to a security freeze placed on a consumer report by another consumer reporting agency from which it obtains information:
I. 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.
II. A deposit account information service 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.
III. A consumer reporting agency that:
(a) Acts only to resell credit information by assembling and merging information contained in a database of one or more consumer reporting agencies; and
(b) Does not maintain a permanent database of credit information from which new consumer reports are produced.
Source. 2006, 208:1, eff. Jan. 1, 2007.
Section 359-B:27
359-B:27 Victim of Identity Theft; Access to Consumer Report. –
Every consumer credit reporting agency shall, upon the receipt from a victim of identity theft of a police report, investigative report, or complaint the consumer has filed with a law enforcement agency about unlawful use of personal information by another person, provide the victim, free of charge and upon request, a copy of his or her consumer report and such additional copies of the consumer report as he or she may be entitled to under the Fair Credit Reporting Act, 15 U.S.C. section 1681 et seq.
Source. 2006, 208:1, eff. Jan. 1, 2007.
Section 359-B:28
359-B:28 Consumer Report Files of Deceased Persons. –
I. An executor, administrator, or other person authorized to act on behalf of an estate of a deceased person may request that a consumer reporting agency indicate on the deceased person's consumer report that the person is deceased. The consumer reporting agency shall indicate on the deceased person's consumer report that the person is deceased within 5 business days of receipt of the following documentation from the executor, administrator, or other person authorized to act on behalf of the estate of the deceased person:
(a) A certificate of death, a certificate of appointment, letters testamentary, or other order from the probate court authorizing the executor, administrator, or other person to act on behalf of the estate of the deceased person; and
(b) A request to indicate on the deceased person's consumer report that the person is deceased.
II. The consumer reporting agency may remove the indication placed on the person's consumer report pursuant to paragraph I if the consumer reporting agency finds that the indication was placed on the person's consumer report through material misrepresentation of fact. If the consumer reporting agency intends to remove the indication pursuant to this section, the consumer reporting agency shall notify the person or the executor, administrator, or other person authorized to act on behalf of the estate in writing prior to removing the indication.
Source. 2006, 208:1, eff. Jan. 1, 2007.
Section 359-B:29
359-B:29 Police Report Regarding Identity Theft. –
I. A person who has learned or reasonably suspects that he or she has been the victim of identify theft may contact the local law enforcement agency that has jurisdiction over his or her place of residence, which shall take a police report of the matter, and provide the complainant with a copy of that report. Notwithstanding the fact that jurisdiction may lie elsewhere for investigation and prosecution of a crime of identity fraud, the local law enforcement agency shall take the complaint and provide the complainant with a copy of the complaint and may refer the complaint to a law enforcement agency in a different jurisdiction.
II. Nothing in this section shall interfere with the discretion of a local law enforcement agency to allocate resources for investigations of crimes. A complaint filed under this section is not required to be counted as an open case for purposes such as compiling open case statistics.
Source. 2006, 208:1, eff. Jan. 1, 2007.