Section 1785.11.11 - [Effective 1/1/2025] Security freeze for protected consumer(a)(1) A consumer credit reporting agency shall place a security freeze for a protected consumer if both of the following occur: (A) The consumer credit reporting agency receives a request from the protected consumer's representative for the placement of the security freeze pursuant to this section.(B) The protected consumer's representative does all of the following: (i) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(ii) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.(iii) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.(iv) Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).(2)(A) If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (ii) and (iii) of subparagraph (B) of paragraph (1) to have been met if the request is from a county welfare department or a county probation department appearing on the most recent list provided or available to a consumer credit reporting agency by the State Department of Social Services and the requesting entity provides sufficient proof of identification under 15 U.S.C. Sec. 1681c-1(j)(1)(G). A county welfare department or county probation department shall not have the authority to request a security freeze for a protected consumer placed in foster care that continues beyond the protected consumer's 18th birthday. A consumer credit reporting agency may use whatever lawful mechanism is available to it, including mechanisms for thawing or unfreezing reports by dates certain, to ensure the freeze does not extend beyond a protected consumer's 18th birthday.(B) Notwithstanding any other law, the State Department of Social Services may, at the request of a consumer credit reporting agency, provide or, in the State Department of Social Service's discretion, otherwise make available to consumer reporting agencies in any other manner, a list of county welfare departments or county probation departments whose employees may be representatives of protected consumers who have been placed in a foster care setting.(b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.(c) If a protected consumer's representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.(d) Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.(e) Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumer's consumer credit report, any information derived from the protected consumer's consumer credit report, or any record created for the protected consumer.(f) A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs: (1) The protected consumer or the protected consumer's representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).(2) The security freeze is removed in accordance with subdivision (j).(g) To remove a security freeze, a protected consumer or a protected consumer's representative shall do all of the following: (1) Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.(2) Provide to the consumer credit reporting agency: (A) If the request is made by the protected consumer: (i) Proof that the sufficient proof of authority for the protected consumer's representative to act on behalf of the protected consumer is no longer valid, they have been emancipated, or they are 16 years of age or older.(ii) Sufficient proof of identification of the protected consumer.(B) If the request is made by the representative of a protected consumer: (i) Sufficient proof of identification of the protected consumer and the representative.(ii) Sufficient proof of authority to act on behalf of the protected consumer.(3) Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).(h) Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.(i)(1) Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.(2) A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.(3) Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:(A) The protected consumer's representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the report to the consumer credit reporting agency.(B) The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.(C) The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.(j)(1) A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumer's representative.(2) With respect to a security freeze placed for a protected consumer under paragraph (2) of subdivision (a), the freeze may be removed prior to the protected consumer's 18th birthday at the request of the representative of the protected consumer, or by the protected consumer if the protected consumer is 16 years of age or older at the time they make the request, under any of the following circumstances:(A) Upon the protected consumer's removal from foster care.(B) Upon the protected consumer's request, if the protected consumer is 16 years of age or older.(C) Upon a determination by the representative of the protected consumer that removal of the security freeze is in the best interest of the protected consumer.(3) A representative of the protected consumer may also remove the freeze pursuant to paragraph (2) at a time when the representative inquires with each of the three major credit reporting agencies pursuant to paragraph (1) of subdivision (a) of Section 10618.6 the Welfare and Institutions Code.(k) A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the internet, or other electronic media to receive and process a request for a protected consumer's security freeze to be placed or removed.Ca. Civ. Code § 1785.11.11
Amended by Stats 2024 ch 846 (AB 2935),s 1, eff. 1/1/2025.Added by Stats 2016 ch 494 (AB 1580),s 3, eff. 1/1/2017.This section is set out more than once due to postponed, multiple, or conflicting amendments.