AB 2935

Bill Subjects

Abstract

Existing law requires a consumer credit reporting agency to place a security freeze for a protected consumer if it receives a request from a protected consumer's representative for the placement of a security freeze, as specified, or if the protected consumer's representative submits the request to the consumer credit reporting agency in accordance with certain requirements. For purposes of these provisions, a "protected consumer" includes an individual who is under the jurisdiction of a county welfare department or county probation department, has been placed in a foster care setting, and is under 16 years of age at the time a request for placement of a security freeze is made. Existing law authorizes a consumer credit reporting agency to remove a security freeze for a protected consumer, or to delete a record of a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumer's representative. Existing law requires a county welfare department, county probation department, or the State Department of Social Services to inquire of each of the 3 major credit reporting agencies as to whether a child in foster care placement who reaches their 14th birthday has any consumer credit history, as specified. Existing law, with respect to a nonminor dependent, requires the county welfare department or county probation department to assist the young adult, on a yearly basis while the nonminor dependent is under the jurisdiction of the juvenile court, with requesting the consumer credit report from each of the 3 major credit reporting agencies, as specified. Existing law requires the county social worker or county probation officer to ensure that the child or nonminor dependent receives assistance with interpreting the consumer credit report and resolving any inaccuracies, including, but not limited to, referring the youth to a governmental or nonprofit agency that provides consumer credit. This bill would deem certain requirements for the placement or removal of a security freeze for a protected consumer to be met if the inquiry is verifiably from the county welfare department or county probation department, or their designee, and the requesting entity provides sufficient proof of identification under a specified federal law. The bill would restrict a county welfare department or county probation department, or their designee from requesting a security freeze for a protected consumer placed in foster care that continues beyond the protected consumer's 18th birthday, as specified. The bill would also specify that, for the purposes of those provisions, the State Department of Social Services is the designee of a county welfare department or county probation department. If the security freeze request received indicates that the child placed in a foster care setting has a consumer credit history, the bill would require any information that appears on the protected consumer's credit report to be promptly blocked and not reported, in the same manner as if the credit reporting agency had received a police report pursuant to a specified provision relating to identity theft. The bill also would require the credit reporting to comply with additional requirements relating to the blocking and unblocking of credit history information that is subject to investigation by the police or the Department of Motor Vehicles. The bill would authorize the freeze to be removed by the representative of the protected consumer or by the protected consumer if they are 16 years of age or older. If a request to remove the security freeze is not received, the bill would require the freeze to automatically expire on the consumer's 18th birthday unless the consumer instructs the agency to maintain the freeze beyond that date.