§ 4-112-101. Title

This chapter shall be known and may be cited as the “Arkansas Consumer Report Security Freeze Act”.

§ 4-112-102. Definitions

As used in this chapter: (1) “Consumer” means an individual; (2) “Consumer report” means the same as defined in 15 U.S.C. § 1681a(d) as it existed on January 1, 2009; (3) “Consumer reporting agency” means the same as defined in 15 U.S.C. § 1681a(f) as it existed on January 1, 2009; (4) “Credit report” means […]

§ 4-112-103. Placement of security freeze

(a) A consumer may request that a security freeze be placed on his or her consumer report by: (1) Sending his or her request in writing by mail to a consumer reporting agency; (2) Telephoning his or her request to a consumer reporting agency and providing over the telephone proper identification or certain personal identification […]

§ 4-112-104. Access to credit report — Notification of unauthorized access

(a) If the consumer wishes to allow his or her credit report to be accessed for a specific period of time while a security freeze is in place, he or she shall contact the consumer reporting agency using a method of contact designated by the consumer reporting agency requesting that the security freeze be temporarily […]

§ 4-112-105. Removal of security freeze

(a) A consumer reporting agency shall remove or temporarily lift a security freeze placed on the credit report of a consumer in the following cases: (1) Upon the consumer’s request under § 4-112-104 or § 4-112-106; or (2) If the credit report of the consumer was frozen due to a material misrepresentation of fact by […]

§ 4-112-106. Consumer request for removal of security freeze

(a) (1) A security freeze shall remain in place until the consumer requests that the security freeze be removed using a method of contact designated by the consumer reporting agency. (2) A consumer reporting agency shall remove a security freeze within three (3) business days of receiving a request for removal under subdivision (a)(1) of […]

§ 4-112-107. Exceptions

(a) This chapter does not apply to the use of a credit report by any of the following: (1) (A) A person or an entity, or a subsidiary, an affiliate, or an agent of that person or entity, or an assignee of a financial obligation owed by the consumer to that person or entity, or […]

§ 4-112-108. Permissible fees — Exception

(a) Except as provided in subsection (b) of this section, a consumer reporting agency may charge a consumer a fee of no more than five dollars ($5.00) for the: (1) Initial placement of a security freeze; (2) Removal of a security freeze; or (3) Temporary lifting of a security freeze for a period of time. […]

§ 4-112-109. Written confirmation

(a) If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within thirty (30) days of posting the change to the file of the consumer: (1) Name; (2) Date of […]

§ 4-112-110. Entities not required to place security freeze

The following entities are not required to place a security freeze on a credit report: (1) (A) 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 reporting agencies and does not maintain a permanent […]

§ 4-112-111. Notice

At any time that a consumer is required to receive a summary of rights required under 15 U.S.C. § 168lg(c), as it existed on January 1, 2009, the following notice shall be included: “Arkansas Consumers Have the Right to Obtain a Security Freeze. You have the right to place a “security freeze” on your credit […]

§ 4-112-112. Civil action

(a) Any person or entity that willfully fails to comply with any requirement imposed under this chapter with respect to any consumer is liable to that consumer in an amount equal to the sum of: (1) Any actual damages sustained by the consumer; and (2) In the case of any successful action to enforce any […]

§ 4-112-113. Enforcement — Penalties — Remedies

(a) A violation of this chapter constitutes an unfair act or practice or a deceptive act or practice under § 4-88-101 et seq. pertaining to deceptive trade practices. (b) (1) All remedies, penalties, and authority granted to the Attorney General under § 4-88-101 et seq. shall be available to the Attorney General for enforcement of […]

§ 4-112-114. No prohibition on advising third party that security freeze is in effect

This chapter does not prohibit a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the credit report of a consumer.