10 §1306. Short title
§1306. Short title This chapter may be known and cited as “the Fair Credit Reporting Act.” [PL 2013, c. 228, §1 (NEW).] SECTION HISTORY PL 2013, c. 228, §1 (NEW).
10 §1307. Statement of purpose
§1307. Statement of purpose 1. Findings. The Legislature makes the following findings. A. Creditors, insurers and prospective employers are dependent upon fair and accurate consumer reporting. Inaccurate consumer reports directly impair the efficiency of economic decisions, and unfair consumer reporting methods undermine the public confidence that is essential to our economic system. [PL […]
10 §1308. Definitions
§1308. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. Unless the context otherwise indicates, any word or phrase that is not defined in this chapter but that is defined in the federal Fair Credit Reporting Act has the meaning set forth in the federal Fair […]
10 §1309. Incorporation by reference of federal law and rulemaking
§1309. Incorporation by reference of federal law and rulemaking 1. Federal law and regulation. A person subject to this chapter shall comply with the federal Fair Credit Reporting Act and the provisions of 12 Code of Federal Regulations, Section 1022.1 et seq., as amended. [PL 2013, c. 228, §1 (NEW).] 2. Rules. Subject to […]
10 §1310-A. Administrative enforcement
§1310-A. Administrative enforcement 1. Authority. The administrator, within the limits provided by law, may: A. Receive and act on complaints, take action designed to obtain voluntary compliance with this chapter, refer complaints to the Department of Professional and Financial Regulation, Bureau of Financial Institutions pursuant to subsection 9 or refer cases to the Attorney […]
10 §1310-B. Criminal violations
§1310-B. Criminal violations 1. Obtaining information under false pretenses. A person who knowingly and intentionally obtains information on a consumer from a consumer reporting agency under false pretenses commits a Class D crime. [PL 2013, c. 228, §1 (NEW).] 2. Unauthorized provision of information. An officer or employee of a consumer reporting agency who […]
10 §1310-C. Civil liability for willful noncompliance
§1310-C. Civil liability for willful noncompliance A consumer reporting agency or user of information that willfully and knowingly fails to comply with a requirement imposed under this chapter with respect to a consumer is liable to that consumer for and the court may award an amount equal to the sum of: [PL 2013, c. […]
10 §1310-D. Civil liability for negligent noncompliance
§1310-D. Civil liability for negligent noncompliance A consumer reporting agency or user of information that is negligent in failing to comply with a requirement imposed under this chapter with respect to a consumer is liable to that consumer in an amount equal to the sum of: [PL 2013, c. 228, §1 (NEW).] 1. Actual […]
10 §1310-E. Jurisdiction of courts; limitation of actions
§1310-E. Jurisdiction of courts; limitation of actions An action to enforce liability created under this chapter may be brought in any court of competent jurisdiction within 2 years from the date on which the liability arises, except that when a defendant has materially and willfully misrepresented any information required under this chapter to be disclosed […]
10 §1310-F. Relation to other laws and the powers of the Superintendent of Financial Institutions
§1310-F. Relation to other laws and the powers of the Superintendent of Financial Institutions This chapter does not limit the obligations of a supervised financial organization to comply with other state and federal laws to which the supervised financial organization is subject, or the authority of the Superintendent of Financial Institutions conferred by Title 9‑B, […]
10 §1310-G. Enforcement powers in addition to those in federal law
§1310-G. Enforcement powers in addition to those in federal law The enforcement powers of the administrator under this chapter are in addition to the State’s enforcement powers authorized under federal law. [PL 2013, c. 228, §1 (NEW).] SECTION HISTORY PL 2013, c. 228, §1 (NEW).
10 §1310-H. Additional state-specific provisions
§1310-H. Additional state-specific provisions (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) 1. Fee for disclosure. In addition to any rights to which a consumer is entitled under federal law, a consumer reporting agency may not impose a fee for a consumer report provided to a consumer upon request once during any 12-month period. For a 2nd […]
10 §1310. Additional requirements for persons subject to this chapter
§1310. Additional requirements for persons subject to this chapter In addition to the compliance requirements of section 1309, subsection 1, a person subject to this chapter shall comply with this section. [PL 2013, c. 228, §1 (NEW).] 1. Security freeze by consumer reporting agency; time in effect. A person subject to this chapter shall […]