§3571.1. Credit reporting agency information and reports; consumer access to files; right of
correction; dissemination or maintenance of untrue or misleading credit information
by credit reporting agency; investigation; right to recovery
A.(1) Each credit reporting agency shall, within five business days of receipt of a
written request from a consumer, mail, first class, to that consumer a copy of his credit
report, including the nature and substance of any information being provided to credit
reporting agency customers of the agency.
(2) Any consumer appearing in person during normal business hours at the office of
a full service credit reporting agency location which offers customer service shall, upon
presentation of clear and proper identification, be immediately given a copy of his report
unless the agency has reason to believe the requestor is an impostor.
(3) The credit reporting agency may charge the consumer a fee not to exceed eight
dollars for each requested copy of his credit report, whether the request is made in person or
in writing. The eight dollar fee maximum may be increased each year on August twenty-first
by an amount not to exceed the annual percentage increase in the retail Consumer Price Index
in the preceding year. Such annual adjustment shall be rounded to the nearest half-dollar.
B. Any credit reporting agency doing business in this state shall maintain reasonable
procedures to comply with the federal Fair Credit Reporting Act, the Consumer Credit
Protection Act, and all provisions of this Section. Each credit reporting agency shall use
reasonable care to insure the maximum possible accuracy of the credit reports it
disseminates.
C. Upon written notification by the affected consumer disputing the completeness
or accuracy of any item so maintained or disseminated, a credit reporting agency shall initiate
an investigation of the disputed item. Within forty-five calendar days of receipt of such
written notification, the credit reporting agency shall either promptly correct the disputed
item or shall provide a written update of the current status of the disputed file items after
investigation of said items. When the consumer provides evidence substantiating his claim,
the credit reporting agency shall consider such information. If the investigation does not
resolve the dispute, the consumer may file a brief statement setting forth the nature of the
dispute. The credit reporting agency may limit such statements to not more than one hundred
words if it provides the consumer with assistance in writing a clear summary of the dispute.
Whenever a dispute statement is filed, unless there are compelling grounds to believe such
dispute is frivolous or irrelevant, the credit reporting agency shall in any subsequent report
containing the information in question clearly note that it is disputed and provide either the
consumer's statement or a clear and accurate summary thereof.
D. Any consumer who is denied credit, insurance, or employment on the whole or
partial basis of information provided by a credit reporting agency shall be entitled to a copy
of his credit report without charge, provided that he requests such report in writing from the
agency within sixty days of being denied credit by a third party. The third party shall upon
request by the consumer provide the name of the credit reporting agency which provided
information used in the credit denial decision.
E. Each credit reporting agency shall maintain a record of the recipients of any credit
report which was furnished for employment consideration purposes in the two years
preceding the request, and such agency shall also maintain a record of the recipients of a
report requested for any other purpose during the six-month period preceding the request.
F. Any person damaged by an intentional or negligent violation of Subsections A
through E of this Section may bring an action for and shall be entitled to recovery of actual
damages, plus reasonable attorney fees, court costs, and other reasonable costs of prosecution
of the suit.
G.(1) Any person who is denied credit, insurance, or employment on the basis of
erroneous or inaccurate information furnished by a credit reporting agency is entitled to the
recovery from such agency of his actual damages, plus reasonable attorney fees and court
costs, if both of the following exist:
(a) The erroneous or inaccurate information was a significant material cause of the
denial of credit, insurance, or employment.
(b) The credit reporting agency failed to use ordinary care in obtaining or amassing
the information or failed to exercise due diligence in discovering such error.
(2) Any person who is required to have erroneous or inaccurate information removed
from his credit report as a condition to having his credit, insurance, or employment
application approved is entitled to the recovery of his actual damages, plus reasonable
attorney fees and court costs, if both of the following exist:
(a) The erroneous or inaccurate information was a significant material cause of the
request for the removal of such information.
(b) The credit reporting agency failed to use ordinary care in obtaining or amassing
the information or failed to exercise due diligence in discovering such error.
(3) For purposes of this Subsection, the failure to use ordinary care or exercise due
diligence shall mean the failure to comply with the federal Fair Credit Reporting Act, the
Consumer Credit Protection Act, or any provision of this Section. Such failure to comply
shall be presumptive evidence that the credit reporting agency failed to use ordinary care or
exercise due diligence.
H. For the purposes of this Section:
(1) "Clear and proper identification" means information generally deemed sufficient
to identify a person.
(2) "Credit report" means any written, oral, or other communication of any credit
information by a credit reporting agency, as defined in the federal Fair Credit Reporting Act,
which operates or maintains a database of consumer credit information bearing on a
consumer's credit worthiness, credit standing, or credit capacity.
(3) "Credit reporting agency" means any person who, for monetary fees, dues, or on
a cooperative nonprofit basis, regularly engages in whole or in part in the practice of
assembling or evaluating consumer credit information or other information on consumers for
the purpose of furnishing consumer reports to third parties, and who uses any means or
facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
For the purposes of this Section, "credit reporting agency" shall not mean a check acceptance
service which provides check approval and guarantees services to merchants.
(4) "Security alert" means a notice placed on a consumer file, at the request of the
consumer, that is sent to a recipient of a consumer report involving that consumer file,
signifying the fact that the consumer's identity may have been used without the consumer's
consent to fraudulently obtain goods or services in the consumer's name.
(5) "Security freeze" means a notice placed on a consumer file, at the request of the
consumer and subject to certain exceptions, that prohibits a credit reporting agency from
releasing the consumer's credit report or credit score without the express authorization of the
consumer.
I. Upon a request by a consumer in writing or by telephone, with proper
identification provided by the consumer, a consumer reporting agency shall place a security
alert on the consumer's file not later than five business days after the date the agency receives
the request. The security alert must remain in effect for not less than ninety days after the
date the agency places the security alert on file. There is no limit on the number of security
alerts a consumer may request. At the termination of the security alert, upon written request
or telephone authorization by the consumer, and with proper identification provided by the
consumer, the agency shall provide the consumer with a copy of the consumer's file.
J. A consumer reporting agency shall send an alert to each person who requests a
consumer report if a security alert is in effect for the consumer file involved regardless of
whether a full credit report, or summary report is requested.
K. A consumer reporting agency that compiles and maintains files on a nationwide
basis, as defined by 15 U.S.C. 1681a(p) shall maintain a toll-free telephone number that will
accept security alert requests from consumers twenty-four hours a day, seven days a week,
subject to reasonable maintenance, or service outages beyond the control of the consumer
reporting agency.
L. The following persons are not required to place a security alert or a security freeze
on a credit report in accordance with this Part:
(1) 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.
(2) 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.
(3) A reseller of credit information that assembles or merges information contained
in the database of another consumer reporting agency or multiple consumer reporting
agencies, and does not maintain a permanent database of credit information from which new
consumer reports are produced.
(4) Any database or file which consists solely of any information adverse to the
interests of the consumer, including but not limited to criminal record information, which is
used for fraud prevention or detection, tenant screening, employment screening, or any
purpose permitted by the federal Fair Credit Reporting Act, 15 U.S.C. 1681b.
(5) A person to the extent such person offers fraud prevention services that issues
reports on incidents of fraud or reports used primarily in the detection or prevention of fraud.
(6) A bank, as defined in 12 U.S.C. 1813(a) and Title 6 of the Louisiana Revised
Statutes of 1950.
M.(1) A consumer may elect to place a security freeze on his credit report by any of
the following methods:
(a) By written request, sent by standard or certified mail, that includes clear and
proper identification, to a credit reporting agency.
(b) Telephone call.
(c) Electronically by secure website.
(2) A credit reporting agency shall place a security freeze on a consumer's credit
report no later than five business days after receiving a written request for the security freeze
from the consumer by mail. A credit reporting agency that receives such a request
electronically by secure website or by telephone shall comply with the request within twenty-four hours of receiving the request.
(3) When a security freeze is in place, information from a consumer's credit report
shall not be released to a third party without prior express authorization from the consumer.
This Subsection does not prevent a credit reporting agency from advising a third party that
a security freeze is in effect with respect to the consumer's credit report.
N. The credit reporting agency shall, no later than five business days after the date
the agency receives the request for a security freeze, provide the consumer with a unique
personal identification number or password to be used by the consumer when providing
authorization for the access to his credit file for a specific period of time. In addition, the
credit reporting agency shall simultaneously provide to the consumer in writing the process
of placing, removing, and temporarily lifting a security freeze and the process for allowing
access to information from the consumer's credit file for a specific period while the security
freeze is in effect.
O. A consumer may request a replacement personal identification number or
password. The request shall comply with the requirements for requesting a security freeze
under Subsection M of this Section. The credit reporting agency shall, not later than the
fifth business day after the date the agency receives the request for a replacement personal
identification number or password, provide the consumer with a new, unique personal
identification number or password to be used by the consumer instead of the number or
password that was provided under Subsection N of this Section.
P. A credit reporting agency shall notify a person who requests a consumer report
or score if a security freeze is in effect for the consumer file involved in that report or score.
Q. If 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 credit report to be accessed for that specific period
of time, the third party must treat the application as incomplete.
R. If the consumer wishes to allow his credit report or score to be accessed for a
specific period of time while a freeze is in place, he shall contact the credit reporting agency
by a method provided for in Subsection M of this Section and request that the freeze be
temporarily lifted, and provide the following:
(1) Clear and proper identification.
(2) The unique personal identification number or password provided by the credit
reporting agency pursuant to Subsection N or O of this Section.
(3) The proper information regarding the time period for which the report shall be
available to users of the credit report.
S. A credit reporting agency that receives a request by mail from a consumer to
temporarily lift a freeze on a credit report pursuant to Subsection R of this Section shall
comply with the request no later than three business days after receiving the request. A credit
reporting agency that receives such a request electronically by secure website or by telephone
shall comply with the request within twenty-four hours of receiving the request.
T. A credit reporting agency shall remove or temporarily lift a freeze placed on a
consumer's credit report only in the following cases:
(1) Upon consumer request as provided in this Section.
(2) If the consumer's credit report was frozen due to a material misrepresentation of
fact by the consumer. If a credit reporting agency intends to remove a freeze upon a
consumer's credit report pursuant to this Paragraph, the credit reporting agency shall notify
the consumer in writing prior to removing the freeze on the consumer's credit report.
U. A security freeze shall remain in place until the consumer requests that the
security freeze be temporarily lifted for a specific period of time or removed. A credit
reporting agency shall remove a security freeze within three business days of receiving a
written request for removal from the consumer or within twenty-four hours of receiving an
electronic request by secure website or telephonic request for removal from the consumer,
who provides both of the following:
(1) Clear and proper identification.
(2) The unique personal identification number or password provided by the credit
reporting agency.
V. A security freeze does not apply to a consumer report provided to:
(1) A federal, state, or local governmental entity, including a law enforcement
agency, or court, or their agents or assigns.
(2) A private collection agency for the sole purpose of assisting in the collection of
an existing debt of the consumer who is the subject of the credit report requested.
(3) A person or entity, or a subsidiary, affiliate, or agent of that person or entity, or
an assignee of a financial obligation owing by the consumer to that person or entity, or a
prospective assignee of a financial obligation owing by the consumer to that person or entity
in conjunction with the proposed purchase of the financial obligation, with which the
consumer has or had prior to assignment an account or contract, including a demand deposit
account, or to whom the consumer issued a negotiable instrument, for the purposes of
reviewing the account or collecting the financial obligation owing for the account, contract,
or negotiable instrument. For purposes of this Paragraph, "reviewing the account" includes
activities related to account maintenance, monitoring, credit line increases, and account
upgrades and enhancements.
(4) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to
whom access has been granted under Subsection R of this Section for the purposes of
facilitating the extension of credit.
(5) A person, for the purposes of prescreening as provided by the federal Fair Credit
Reporting Act.
(6) A credit reporting agency for the purposes of providing a consumer with a copy
of his own report on his request.
(7) A child support enforcement agency.
(8) A credit reporting agency that acts only as a reseller of credit information by
assembling and merging information contained in the database of another credit reporting
agency or multiple credit reporting agencies and does not maintain a permanent database of
credit information from which new credit reports are produced. However, a credit reporting
agency acting as a reseller shall honor any security freeze placed on a credit report by another
credit reporting agency.
(9) 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.
(10) 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.
W. At no time shall the consumer be charged for placing or reinstating a security
freeze, or for temporarily lifting or revoking the freeze.
X. If a security freeze is in place, a credit reporting agency shall not change any of
the following official information in a consumer credit report without sending a written
confirmation of the change to the consumer within thirty days of the change being posted to
the consumer's file: name, date of birth, social security number, and address. Written
confirmation is not required for technical modifications of a consumer's official information,
including name and street abbreviations, complete spellings, or transposition of numbers or
letters. In the case of an address change, the written confirmation shall be sent to both the
new address and to the former address.
Y. Any consumer damaged by an intentional or negligent violation of Subsections
M through U of this Section may bring an action for and shall be entitled to recovery of
actual damages, plus reasonable attorney fees, court costs, and other reasonable costs of
prosecution of the suit.
Z. A credit reporting agency is not required to place, remove, or temporarily lift a
security freeze within the time periods provided in this Section, only for such time as the
occurrences prevent compliance, if any of the following occurrences apply:
(1) The consumer fails to provide information required by this Section or commits
or attempts to commit a fraud or misrepresentation.
(2) The credit reporting agency's ability to place, remove, or temporarily lift the
security freeze is prevented by any of the following circumstances:
(a) An act of God, including fire, earthquakes, hurricanes, storms, or similar natural
disaster or phenomena.
(b) Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot,
vandalism, labor strikes or disputes disrupting operations, or similar occurrence.
(c) Operational interruption, including electrical failure, unanticipated delay in
equipment or replacement part delivery, computer hardware or software failures inhibiting
response time, or similar disruption.
(d) Governmental action, including emergency orders or regulations, judicial or law
enforcement action, or similar directives.
(e) Regularly scheduled maintenance, during other than normal business hours, of,
or updates to, the credit reporting agency's systems.
(f) Commercially reasonable maintenance of, or repair to, the credit reporting
agency's systems that is unexpected or unscheduled.
Acts 1990, No. 671, §1; Acts 1992, No. 592, §1; Acts 1993, No. 243, §1; Acts 2003,
No. 934, §1; Acts 2004, No. 766, §1, eff. July 1, 2005; Acts 2010, No. 998, §1; Acts 2018,
No. 233, §1, eff. May 15, 2018.