78591959.1-444.2Virginia Decodedhttps://vacode.org2016Trade And CommerceSecurity FreezesSecurity freezes2008, cc. 480, 496; 2009, c. 406; 2014, c. 570.http://law.lis.virginia.gov/vacode/59.1-444.2/59.1-444.3Security freezes for protected consumers/59.1-444.3//59.1-444.2/59.1/35.1/59.1-444.259.1-444.3 A written request described in subsection B;sectionC1C12 Proper identification; andsectionC2C22If the consumer wishes to allow his credit report to be accessed for a specific period of time or for a specific party while a freeze is in place, he shall contact the consumer reporting agency using a point of contact designated by the consumer reporting agency, request that the freeze be temporarily lifted, and provide the following:sectionEE1 Proper identification;sectionE1E12 The unique personal identification number or password provided by the consumer reporting agency pursuant to subsection D; andsectionE2E22 The proper information regarding the time period or the specific party for which the report shall be available to users of the credit report.sectionE3E32A consumer reporting agency:sectionFF1 Shall comply with a request made under subsection E:
sectionF1F12 Within three business days after receiving the request if the request is made at a postal address designated by the agency to receive such requests; orsectionF1aF1a3 Is not required to temporarily lift a security freeze within the time provided in subdivision 1 b if:
sectionF2F22 The consumer fails to meet the requirements of subsection E; orsectionF2aF2a3 An act of God, including fire, earthquakes, hurricanes, storms, or similar natural disaster or phenomena;sectionF2b(1F2b(14 Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrence;sectionF2b(2F2b(24 Operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruption;sectionF2b(3F2b(34 Governmental action, including emergency orders or regulations, judicial or law-enforcement action, or similar directives;sectionF2b(4F2b(44 May develop procedures involving the use of telephone, fax, the Internet, or other electronic media to receive and process a request from a consumer to temporarily lift a freeze on a credit report pursuant to subsection E in an expedited manner.sectionF3F32 Upon a consumer request, pursuant to subsection E or subsection J; orsectionG1G12If a third party requests access to a consumer credit report on which a security freeze is in effect, and this request is in connection with an application for credit or any other use, and the consumer does not allow his or her credit report to be accessed for that period of time, the third party may treat the application as incomplete.sectionHH1A security freeze shall remain in place until the consumer requests, using a point of contact designated by the consumer reporting agency, that the security freeze be removed. A consumer reporting agency shall remove a security freeze within three business days of receiving a request for removal from the consumer, who provides:sectionJJ1 Proper identification; andsectionJ1J12 The unique personal identification number or password or similar device provided by the consumer reporting agency pursuant to subsection D.sectionJ2J22A consumer reporting agency shall require proper identification of the person making a request to place or remove a security freeze.sectionKK1The provisions of this section do not apply to the use of a consumer credit report by any of the following:sectionLL1 A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted for purposes of facilitating the extension of credit or other permissible use;sectionL2L22 Any state or local agency, law-enforcement agency, trial court, or private collection agency acting pursuant to a court order, warrant, or subpoena;sectionL3L32 A child support agency acting pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 654 et seq.);sectionL4L42 The Commonwealth or its agents or assigns acting to investigate fraud or acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities provided such responsibilities are consistent with a permissible purpose under 15 U.S.C. § 1681b;sectionL5L52 The use of credit information for the purposes of prescreening or postscreening as provided for by the federal Fair Credit Reporting Act;sectionL6L62 Any person or entity administering a credit file monitoring subscription or similar service to which the consumer has subscribed;sectionL7L72 Any person or entity for use in setting or adjusting a rate, adjusting a claim, or underwriting for insurance purposes; orsectionL9L92 Any employer in connection with any application for employment with the employer.sectionL10L102This section does not prevent a consumer reporting agency from charging a fee of no more than $ 10 to a consumer to place each freeze, except that a consumer reporting agency may not charge a fee to a victim of identity theft who has submitted a valid police report to the consumer reporting agency.sectionMM1The following entities are not required to place a security freeze on a credit report:sectionOO1 A consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer credit reporting agencies, and does not maintain a permanent database of credit information from which new consumer credit reports are produced. However, a consumer reporting agency acting as a reseller shall honor any security freeze placed on a consumer credit report by another consumer reporting agency;sectionO1O12 A check services or fraud prevention services company, which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments;sectionO2O22 A deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information regarding a consumer, to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution; andsectionO3O32 The personal identification number or password;sectionP1P12 Proper identification to verify your identity; andsectionP2P22Any person who willfully fails to comply with any requirement imposed under this section or § 59.1-444.3 with respect to any consumer is liable to that consumer in an amount equal to the sum of:sectionQQ1 Any actual damages sustained by the consumer as a result of the failure or damages of not less than $ 100 and not more than $ 1,000;sectionQ1Q12 Such amount of punitive damages as the court may allow; andsectionQ2Q22 In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney fees as determined by the court.sectionQ3Q32Any person who obtains a consumer report, requests a security freeze, requests the temporary lift of a freeze, or the removal of a security freeze from a consumer reporting agency under false pretenses or in an attempt to violate federal or state law shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $ 1,000, whichever is greater.sectionRR1Any person who is negligent in failing to comply with any requirement imposed under this section with respect to any consumer is liable to that consumer in an amount equal to the sum of:sectionSS1 Any actual damages sustained by the consumer as a result of the failure; andsectionS1S12 In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney fees as determined by the court.sectionS2S22Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.sectionTT1Notwithstanding any other provision of law:sectionUU1 The exclusive authority to bring an action for any violation of subdivision F 1 b shall be with the Attorney General. In any action brought under this subsection, the Attorney General may cause an action to be brought in the name of the Commonwealth to enjoin the violation and to recover damages for aggrieved consumers consistent with the limits stated in subsections Q and S for such violations.sectionU1U12 In any action brought under this subsection, if the court finds a willful violation, the court may, in its discretion, also award a civil penalty of not more than $ 1,000 per violation, to be deposited in the Literary Fund of the Commonwealth.sectionU2U22 In any action brought under this subsection, the Attorney General may recover any costs, the reasonable expenses incurred in investigating and preparing the case, and attorney fees.sectionU3U32