Current through 2024 Regular Session legislation
Section 646A.614 - Effect of security freeze on use of consumer reports or protective records(1) The provisions of ORS 646A.606 to 646A.610 do not apply to the use of a consumer report or a protective record by or for any of the following: (a) A person, or the person's subsidiary, affiliate, agent or assignee with which the consumer or protected consumer has or, prior to assignment, had an account, contract or debtor-creditor relationship for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract or debtor-creditor relationship. For purposes of this subsection, "reviewing the account" includes activities related to account maintenance, monitoring, credit line increases and account upgrades and enhancements.(b) Any person acting pursuant to a judgment, court order, warrant or subpoena.(c) A federal, state or local governmental entity, a law enforcement agency or court, or an agent or assignee of the federal, state or local governmental entity, law enforcement agency or court, for the purpose of investigating fraud or investigating or collecting delinquent taxes, unpaid judgments or court orders or acting otherwise to fulfill statutory or regulatory duties, if the activities or statutory or regulatory duties are consistent with a permissible purpose under section 604 of the federal Fair Credit Reporting Act (15 U.S.C. 1681b) as that Act existed on October 1, 2007.(d) The use of credit information for the purposes of prescreening in accordance with the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) as that Act existed on October 1, 2007.(e) Any person for the sole purpose of providing a credit file monitoring subscription service, or similar service to which the consumer or protected consumer has subscribed or to which a representative has subscribed on behalf of the protected consumer.(f) A consumer reporting agency for the sole purpose of providing a consumer, a protected consumer or a representative with a copy of the consumer's or protected consumer's consumer report upon the consumer's, protected consumer's or representative's request.(g) Any person or entity for the purpose of setting or adjusting rates, for handling claims or underwriting for insurance purposes, to the extent permitted by law.(h) A subsidiary, affiliate, agent, assignee or prospective assignee of a person to whom access has been granted under ORS 646A.608(3) for purposes of facilitating the extension of credit or other permissible use.(i) A child support agency acting pursuant to Title IV-D of the Social Security Act (42 U.S.C. 651 et seq.) as that Act existed on October 1, 2007.(j) A person for the sole purpose of screening an applicant for a residential dwelling unit as described in ORS 90.295(1).(2) The provisions of ORS 646A.606 to 646A.610 do not apply to a protective record used: (a) By an entity listed in ORS 646A.618(2); or(b) For purposes other than an extension of credit, including:(A) Compiling a criminal record;(B) Detecting or preventing fraud;(C) Compiling a personal loss history; or(D) Screening an applicant for employment, tenancy or other background checking purposes.Amended by 2013 Ch. 415,§ 6, eff. 6/13/2013, op. 9/12/2013.