BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2374
                                                                  Page  1

          Date of Hearing:   April 16, 2012

                      ASSEMBLY COMMITTEE ON BANKING AND FINANCE
                                   Mike Eng, Chair
                  AB 2374 (Hernandez) - As Amended:  March 29, 2012
           
          SUBJECT  :   Consumer credit reports: security freezes. 

           SUMMARY  :   Prohibits a consumer credit reporting agency from 
          charging any fee upon a consumer 65 years of age or older for 
          placing, lifting, or removing security freezes.    

           EXISTING FEDERAL LAW  

          1)Requires every credit reporting agency to disclose to a 
            consumer, upon request, specific information related to that 
            consumers credit report, as well as, directions on how to 
            contest information contained within the report. ÝFair Credit 
            Reporting Act US Code, Title 15, 1681et seq.]
           
           EXISTING STATE LAW  
           
          1)Establishes the California Office of Privacy Protection in 
            2001, which provides individuals and businesses with 
            information and assistance on ever evolving privacy topics 
            such as identity theft, online child safety, financial 
            privacy, cyber security and mobile device privacy. The role of 
            this office is to receive complaints from individuals 
            concerning a person obtaining, compiling, maintaining, using, 
            disclosing, or disposing of personal information in a manner 
            that may be potentially unlawful or violate a stated privacy 
            policy relating to that individual, and provide advice, 
            information, and referral, where available.  The office also 
            needs to provide information to consumers on effective ways of 
            handling complaints that involve violations of privacy-related 
            laws, including identity theft and identity fraud. If 
            appropriate local, state, or federal agencies are available to 
            assist consumers with those complaints, the office shall refer 
            those complaints to those agencies. ÝGovernment Code, Section 
            11549.5-11549.10]

          2)Allows a consumer reporting agency (CRA) to charge a consumer 
            who is 65 years of age or older and who has provided 
            identification confirming his or her age a fee not to exceed 
            $5 for placement of each freeze, the removal of the freeze, 








                                                                  AB 2374
                                                                  Page  2

            the temporary list of the freeze for a period of time, or the 
            temporary lift of the freeze for a specific party.  ÝCivil 
            Code, Section 1785.11.2 (m)]

          3)Allows a consumer to place a security freeze on his or her 
            credit report by making a written request by mail to a 
            consumer CRA.   ÝCivil Code, Section 1785.11.2(a)]

          4)Defines "security freeze" as a notice placed in a consumer's 
            credit report at the consumer's request and, subject to 
            certain exceptions, prohibits the credit reporting agency from 
            releasing the credit report or any information from it without 
            the consumer's express authorization.  ÝCivil Code, Section 
            1785.11.2.]

          5)Requires the CRA to place a security freeze on the consumer's 
            credit report no later than three days after receiving a 
            request, and within 10 business days must send the consumer 
            written confirmation of the freeze along with a unique 
            personal identification or password to be used by the consumer 
            when authorizing the release of his or her credit for a 
            specific party or period of time.  ÝCivil Code, Section 
            1785.11.2(b) (c).]

          6)Allows a consumer to request a temporary lift of a security 
            freeze, if certain conditions are met.  A CRA that receives a 
            request for a temporary lift of a security freeze is required 
            to do so within three business days of receiving the request.  
            ÝCivil Code, Section 1785.11.2(d) (e) (g).]

          7)Provides that a CRA may develop procedures involving the use 
            of telephone, fax, the internet, or other electronic media to 
            receive and process a consumer request to temporarily lift a 
            security freeze in an expedited manner.  ÝCivil Code, Section 
            1785.11.2(f).]

          8)Requires that, if a consumer requests a security freeze, the 
            CRA must inform the consumer of the process for placing and 
            temporarily lifting a freeze, and the process for allowing 
            access to information from the consumer's credit report for a 
            specific party or period of time while a freeze is in place.  
            ÝCivil Code, Section 1785.11.2(i).]

          9)Allows, except as specified, a CRA to charge a fee of no more 
            than $10 to a consumer for each freeze, removal of the freeze, 








                                                                  AB 2374
                                                                  Page  3

            or temporary lift of the freeze for a period of time. ÝCivil 
            Code, Section 1785.11.2(m).]

          10)Prohibits a fee from being charged to place a security freeze 
            for a victim of identity theft who presents a valid police 
            report or valid DMV investigative report ÝCivil Code, Section 
            1785.11.2(m)].

          11)Requires that whenever a CRA provide a written disclosure to 
            a consumer that it must also include a notice to a consumer of 
            their rights to receive and correct errors on their credit 
            report, as well as, information on placing a security freeze 
            and credit alert on their credit file. ÝCivil Code, Section 
            1785.15].

           FISCAL EFFECT  :   None. 

           COMMENTS  :   

          The following states do not charge fees for security freezes to 
          those 65 or older:  Illinois, Georgia, Florida, Indiana, 
          Louisiana, North Carolina, New Mexico, Oklahoma, Pennsylvania, 
          Washington, South Carolina, and Rhode Island.  

          Other states have fees ranging from $3 to $20 to place security 
          freezes.  Currently, California charges those 65 or older a fee 
          of $5 to place, lift or remove a security freeze.  All others 
          are charged a fee of $10.  

          In California, consumers have the right to put a "security 
          freeze" on their credit file which can help prevent identity 
          theft.  A security freeze means that the consumer's file cannot 
          be shared with potential creditors.  Most businesses will not 
          open credit accounts without first checking a consumer's credit 
          history.  If credit files are frozen, even someone who has the 
          consumer's name and Social Security number would most likely not 
          be able to get credit in the consumer's name. 

          Current law provides that a security freeze is free to identity 
          theft victims who have a police report of identity theft.  For 
          those not an identity theft victim and under 65 years of age, it 
          will costs $10 to place a freeze with each of the three credit 
          bureaus.  That's a total of $30 to freeze files. For those not 
          an identity theft victim and 65 years of age or older, it will 
          costs $5 to place a freeze with each of the three credit 








                                                                  AB 2374
                                                                  Page  4

          bureaus.  That's a total of $15 to freeze files.

          Security freezes are designed to prevent a CRA from releasing ac 
          credit report without the consumers consent.  Using a security 
          freeze to take control over who is allowed access to the 
          personal and financial information in a file may delay, 
          interfere with or prohibit the timely approval of any subsequent 
          request or application the consumer makes regarding a new loan, 
          credit, mortgage, insurance, government services or payments, 
          rental housing, employment, investment, license, cellular 
          telephone, utilities, digital signature, Internet credit card 
          transaction or other services, including an extension of credit 
          at point of sale.

          When a consumer places a security freeze on their file, they 
          will be provided a personal identification number or password to 
          use if the consumer chooses to remove the security freeze from 
          their file or authorize the temporary release of their credit 
          report for a specific person or period after the security freeze 
          is in place. To provide that authorization, the consumer must 
          contact the CRA and provide all the following: Sufficient 
          identification to verify identity, personal identification 
          number or password provided by the CRA, a statement that the 
          consumer chooses to remove the security freeze from their file 
          or that the consumer authorizes the CRA  to temporarily release 
          the consumer report.  

           BACKGROUND  :

          In 2008, the Assembly Banking and Finance Committee analyzed AB 
          372 (Salas).  The January 7, 2008 version of the bill provided 
          that no one 65 or older could be charged a fee for placing, 
          lifting or removing a security freeze.  In regards to this fee, 
          the analysis stated:

          "A major point of contention between the author of this bill and 
          opposition is the reduction and in one case elimination of the 
          fees associated with placing a security freeze.  This bill 
          eliminates the fee for anyone 65 and older to place a freeze, or 
          a consumer who is placing a freeze for the first time.  
          Additionally, the fee for placing or lifting the freeze is 
          reduced by this bill to $5.  The author and supporters contend 
          that the current fee is an obstacle for consumers to use this 
          vital service, while the opposition argues that the fees are 
          reasonable and necessary to maintain the credit freeze system.








                                                                  AB 2374
                                                                  Page  5

           
          It is unclear that the current cost of placing a freeze is 
          prohibiting consumers away from this option.  The author's 
          office has provided the committee with information regarding 
          other states that have eliminated their fees or reduced them.   
          However, the committee does not have information on the number 
          of security freeze request in those states versus California.  
          For example, does California have more requests for this service 
          that makes it more costly for CRAs?  The bulk of the data 
          available points out a total lack of awareness on the part of 
          consumers that this service exist to protect their credit data.  
          On the other hand, relative little is available that reveals the 
          real cost to credit reporting agencies for maintaining the 
          credit freeze system."

          The compromise between the Committee, Author, and opposition was 
          to place a fee of $5 to those 65 and older who wish to place, 
          remove or lift a security freeze rather than eliminate the fee 
          or leave it at $10.  

          While a number of states do not charge any fee for those 65 and 
          older to place, remove or lift a security freeze, the statistics 
          below do not show that those actually 65 and older are in the 
          most danger of identity theft.  As discussed below, several 
          sources found that the age group between 20-34 was most in 
          danger of identity theft.  

           IDENTITY THEFT  :

          Identity theft is taking someone else's personal information and 
          using it for an unlawful purpose.  According to a report called 
          the "2011 Identity Fraud Survey Report" by Javelin Strategy and 
          Research, "there were 8.1 million U.S. adults who were victims 
          of identity theft in 2010. That represents 3.5% of adults, 
          including about a million Californians. The total cost of 
          identity theft in 2010 was $37 billion. The average victim spent 
          $631 and 33 hours to resolve the problem and clear up records.  
          Victims come in all ages.  In 2010, the 25-34 year old group 
          experienced the highest rate of identity theft and spent the 
          most to clear it up, averaging $1,471. Those over 65 years old 
          had the lowest rate and spent the least, $137."

          Identity thieves do many things in a victim's name, from using a 
          credit card account to opening new accounts, taking out an auto 
          loan, getting medical services, or even committing a crime and 








                                                                  AB 2374
                                                                  Page  6

          creating a criminal record.

          According to the Consumer Sentinel Network, the largest number 
          of identity theft complaints in 2011, in the United States, came 
          from the ages 20-29 with 23%.  The two ages with the least 
          amount of fraud complaints came from those 19 and younger with 
          8% and 70 and over with 6%. 
          In 2011, California ranked 3rd behind Florida and Georgia, for 
          the amount of identity theft complaints received from consumers. 
           California received 38, 607 identity theft complaints in 2011. 
           
          NEED FOR THE BILL:

           According to the Author, identity thieves target seniors as they 
          are much less likely to monitor their credit files and are also 
          less likely to detect if a fraudulent account has been opened in 
          their name.  This is because seniors do not typically open new 
          credit accounts and therefore have little need to check their 
          credit reports. 

           PREVIOUS LEGISLATION  :

          AB 372 ((Salas) Chapter 151, Statutes of 2008)  This bill 
          amended the Consumer Credit Reporting  Agencies Act to provides 
          that a consumer credit  reporting agency may, except as 
          specified, charge a fee of  no more than $5 to a consumer 65 
          years of age or older and no more than $10 to other consumers 
          for each security freeze request, removal of the freeze, 
          temporary  lift of the freeze for a period of time, or temporary 
          lift  of a freeze for a specific party; required a consumer  
          credit reporting agency to place a security freeze on a  
          consumer's credit report no later than three business days after 
          receiving a request; allows a  consumer to place a security 
          freeze on his or her credit  report by making a written request 
          by regular mail to a consumer credit reporting agency.   Earlier 
          versions of this measure eliminated the fee to those over the 
          age of 65. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Consumers Union

           Opposition 








                                                                 AB 2374
                                                                  Page  7

           
          Equifax, Inc.
          TransUnion LLC
           
          Analysis Prepared by  :    Kathleen O'Malley / B. & F. / (916) 
          319-3081