1. A. A consumer reporting agency shall remove or temporarily lift a freeze placed on the consumer report of a consumer only in the following cases:

   1. 1. Upon consumer request, pursuant to Sections 4 and 6 of this act; or

   2. 2. If the consumer report of the consumer was frozen due to a material misrepresentation of fact by the consumer.

      If a consumer reporting agency intends to remove a freeze upon a consumer report of a consumer, and is not doing so at the request of the consumer, the consumer reporting agency shall notify the consumer in writing prior to removing the freeze on the consumer report of the consumer.

2. B. If a third party requests access to a consumer report on which a security freeze is in effect, this request is in connection with an application for credit or any other use, and the consumer does not allow his or her consumer report to be accessed for that period of time, the third party may treat the application as incomplete.

Laws 2006, SB 1748, c. 283, § 5, eff. January 1, 2007.