Law / United States / 
Alabama
Consumer Credit Report Security Freeze
Ala. Code secs. 8-35-1 to 8-35-3
In force since .
A data subject rights rule binding private bodies.
- How the hook was established
- express
- What makes it apply
- Data subject residence
- Obligation class
- Data subject rights, Consent, Disclosure
- Audit expectation
- none
As of .
What it requires
- If you are a consumer credit reporting agency, place a security freeze on an Alabama consumer's credit report no later than three business days after receiving the consumer's written request sent by certified mail, and send the consumer written confirmation, with a unique personal identification number or password other than the consumer's Social Security number, within 10 business days of placing it.
- Do not release a frozen credit report or credit score without the consumer's prior express authorization, except to a person or for a use the section exempts.
- Lift a freeze temporarily within 15 minutes of a qualifying telephone or electronic request received during normal business hours, or no later than three business days after a written request, and remove a freeze within three business days of the consumer's request.
- Require proper identification of anyone who asks to place, temporarily lift or remove a freeze, and charge no more than $10 for each placement, permanent removal or temporary lifting, and nothing for placement to a person age 65 or over or to an identity theft victim with a qualifying law enforcement report.
- While a freeze is in place, send the consumer written confirmation within 30 days of a change to the name, date of birth, Social Security number or address on the report, to both the new and former address for an address change.
- Give a consumer who must receive the federal summary of rights the Alabama security freeze notice in section 8-35-3.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Section 8-35-2(q): a person that violates the section may be fined not more than $100 for a violation concerning a specific consumer. The chapter names no enforcer.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 100
What it makes you log
Logging duty
Section 8-35-2 requires a consumer credit reporting agency to place, temporarily lift and remove a freeze on the consumer's request and to send the consumer written confirmation of a freeze within 10 business days (8-35-2(c)) and of a change to official information within 30 days (8-35-2(n)). Each is a notice to the consumer, and none requires the agency to keep a record of a request. The consumer's own request for a freeze is a request, not a log. Section 8-35-3 requires a notice of rights. The chapter defines a consumer as a natural person residing in this state (8-35-1(1)).
- Kind
- None
- As of
What this law does
The chapter protects a consumer, defined as a natural person residing in Alabama. A consumer may place a security freeze on the consumer's credit report by making a request in writing by certified mail to a consumer credit reporting agency. The agency must place the freeze no later than three business days after receiving the written request.
The agency must send the consumer written confirmation of the freeze, with a unique personal identification number or password other than the consumer's Social Security number, within 10 business days of placing it. While a freeze is in place, the agency may not release the consumer's credit report or credit score without the consumer's prior express authorization, subject to the exceptions the section lists.
The agency must lift a freeze temporarily within three business days of a written request and within 15 minutes of a qualifying telephone or electronic request received during normal business hours. The agency must remove a freeze within three business days of receiving the consumer's request for removal.
The agency may charge a fee of no more than $10 for each placement, permanent removal or temporary lifting of a freeze, and may not charge a person age 65 or over for placement or an identity theft victim who has submitted a qualifying law enforcement report. A person that violates the section may be fined not more than $100 for a violation concerning a specific consumer.
Whenever a consumer must receive the summary of rights that the federal Fair Credit Reporting Act requires, the consumer must also be given the statutory notice of the right to obtain a security freeze. The enrolled bill made the act effective on the first day of the third month following its passage and approval by the Governor.
When LexLint raises it
When your app profile says your app provides financial services.