75-24-209 - Inapplicability of security freeze to certain consumer reports.
§ 75-24-209. Inapplicability of security freeze to certain consumer reports.
A security freeze does not apply to a consumer report provided to:
(a) A state or local governmental entity, including a law enforcement agency or court or private collection agency, if the entity, agency or court is acting under a court order, warrant, subpoena or administrative subpoena;
(b) An agency acting to investigate or collect child support payments or acting under Title IV-D of the Social Security Act (42 USCS Section 651 et seq.);
(c) The State Tax Commission acting to investigate or collect delinquent sales or franchise taxes;
(d) A tax assessor-collector acting to investigate or collect delinquent ad valorem taxes;
(e) A person for the purposes of prescreening as provided by the Fair Credit Reporting Act (15 USCS Section 1681 et seq.), as amended;
(f) A person who intends to use the information for employment purposes;
(g) A person who intends to use the information in connection with adjusting a claim, rating or underwriting of insurance involving the consumer;
(h) A person with whom the consumer has an account or contract or to whom the consumer has issued a negotiable instrument, or the person's subsidiary, affiliate, agent, assignee, prospective assignee or private collection agency, for purposes related to that account, contract or instrument;
(i) A subsidiary, affiliate, agent, assignee or prospective assignee of a person to whom access has been granted under Section 75-24-207(2);
(j) A person who administers a credit file monitoring subscription service to which the consumer has subscribed;
(k) A person for the purpose of providing a consumer with a copy of the consumer's report on the consumer's request;
(l) A check service or fraud prevention service company that issues consumer reports:
(i) To prevent or investigate fraud; or
(ii) For purposes of approving or processing negotiable instruments, electronic funds transfers or similar methods of payment;
(m) A deposit account information service company that issues consumer reports related to account closures caused by fraud, substantial overdrafts, automated teller machine abuses or similar negative information regarding a consumer to an inquiring financial institution for use by the financial institution only in reviewing a consumer request for a deposit account with that institution; or
(n) A consumer reporting agency that:
(i) Acts only to resell credit information by assembling and merging information contained in a database of another consumer reporting agency or multiple consumer reporting agencies; and
(ii) Does not maintain a permanent database of credit information from which new consumer reports are produced.
Sources: Laws, 2007, ch. 585, § 5, eff from and after July 1, 2007.