(a) A consumer credit reporting agency shall place a security freeze on a protected consumer’s credit report or records if:
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Terms Used In Hawaii Revised Statutes 489P-3.5
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- consumer reporting agency: means any person who, for monetary fees or 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 credit reports to third parties, but does not include any governmental agency whose records are maintained primarily for law enforcement or licensing purposes. See Hawaii Revised Statutes 489P-2
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Credit report: means any written, oral, or other communication of any credit information by a consumer reporting agency, as defined in the federal Fair Credit Reporting Act, which operates or maintains a database of consumer credit information bearing on a consumer's credit worthiness, credit standing, or credit capacity. See Hawaii Revised Statutes 489P-2
- Fraud: Intentional deception resulting in injury to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Security freeze: means a notice placed in a credit report at the request of the consumer or the protected consumer's representative. See Hawaii Revised Statutes 489P-2
“Protected consumer” means an individual who is:
(1) Under the age of sixteen at the time a request for the placement of a security freeze is made; or
(2) Incapacitated or for whom a court or other authority has appointed a guardian or conservator.
“Record” means a compilation of information that:
(1) Identifies a protected consumer;
(2) Is created by a consumer credit reporting agency solely for the purpose of complying with this section; and
(3) May not be created or used to consider the protected consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living for any purposes listed in title 15 United States Code § 1681b.
“Representative” means a person who provides to a consumer credit reporting agency sufficient proof of authority to act on behalf of a protected consumer.
“Security freeze” means:
(1) If a consumer credit reporting agency does not have a file pertaining to a protected consumer, a restriction that:
(A) Is placed on the protected consumer’s record in accordance with this section; and
(B) Prohibits the consumer credit reporting agency from releasing the protected consumer’s record, except as provided in this section; or
(2) If a consumer credit reporting agency has a file pertaining to the protected consumer, a restriction that:
(A) Is placed on the protected consumer’s credit report in accordance with this section; and
(B) Prohibits the consumer credit reporting agency from releasing the protected consumer’s credit report or any information derived from the protected consumer’s credit report, except as provided in this section.
“Sufficient proof of authority” means clear and proper information regarding the representative’s authority to act on the protected consumer’s behalf including but not limited to:
(1) A court order that identifies or describes the relationship between the representative and the protected consumer;
(2) A duly executed power of attorney that permits the representative to act on the protected consumer’s behalf; or
(3) A notarized affidavit of the representative, stating the relationship between the representative and the protected consumer and the representative’s authority to act on the protected consumer’s behalf.
“Sufficient proof of identification” means information or documentation that identifies a protected consumer or a representative of a protected consumer, including any one of the following:
(1) A social security number or a copy of a social security card issued by the Social Security Administration;
(2) A certified or official copy of a birth certificate issued by the entity authorized to issue the birth certificate;
(3) A copy of a driver’s license, a civil identification card issued by the examiner of drivers, or any other government-issued identification; or
(4) A copy of a bill, including a bill for telephone, sewer, septic tank, water, electric, oil, or natural gas services, that shows a name and home address.
