Texas Business and Commerce Code 521.051 – Unauthorized Use or Possession of Personal Identifying Information
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(a) A person may not obtain, possess, transfer, or use personal identifying information of another person without the other person’s consent or effective consent and with intent to obtain a good, a service, insurance, an extension of credit, or any other thing of value in the other person’s name.
(a-1) For purposes of this section, “effective consent” includes consent given by a person legally authorized to act on behalf of the person from whom consent is required. Consent is not effective if:
(1) induced by force, threat, fraud, or coercion; or
(2) given by a person who by reason of youth, mental illness, or intellectual disability is known by the actor to be unable to make reasonable decisions.
Terms Used In Texas Business and Commerce Code 521.051
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(b) It is a defense to an action brought under this section that an act by a person:
(1) is covered by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.); and
(2) is in compliance with that Act and regulations adopted under that Act.
(c) This section does not apply to:
(1) a financial institution as defined by 15 U.S.C. § 6809; or
(2) a covered entity as defined by § 601.001 or 602.001, Insurance Code.