Sec. 36a-699f. Blocking of information appearing on credit report as result of identity theft.
Sec. 36a-699f. Blocking of information appearing on credit report as result of
identity theft. (a) A consumer, as defined in section 36a-695, who believes he or she
is a victim of a violation of section 53a-129a of the general statutes, revision of 1958,
revised to January 1, 2003, or section 53a-129b, 53a-129c or 53a-129d may request a
credit rating agency, as defined in section 36a-695, to block and not report information
appearing on his or her credit report, as defined in section 36a-695, as a result of such
violation. Such consumer shall submit such request, in writing, to the credit rating
agency, together with proof of such consumer's identity and a copy of a police report
prepared pursuant to section 54-1n. Not later than thirty days after receipt of such request,
the credit rating agency shall block reporting any information that the consumer alleges
appears on his or her credit report as a result of such violation so that the information
cannot be reported. The credit rating agency shall promptly notify the furnisher of the
information that a police report has been filed, that a block has been requested and the
effective date of the block.
(b) A credit rating agency may decline to block or may rescind any block of consumer information if the credit rating agency believes in good faith that: (1) The information was blocked due to a misrepresentation of fact by the consumer relevant to the
request to block under this section, (2) the consumer agrees that the blocked information
or portions of the blocked information were blocked in error, (3) the consumer knowingly obtained possession of goods, services or moneys as a result of the blocked transaction or transactions or the consumer should have known that he or she obtained possession of goods, services or moneys as a result of the blocked transaction or transactions,
(4) the information was blocked due to fraud in which the consumer participated or of
which the consumer had knowledge, and which may for purposes of this section be
demonstrated by circumstantial evidence, or (5) the credit rating agency, in the exercise
of good faith and reasonable judgment, has substantial reason based on specific, verifiable facts to doubt the authenticity of the consumer's report of a violation of section
53a-129a of the general statutes, revision of 1958, revised to January 1, 2003, or section
53a-129b, 53a-129c or 53a-129d.
(c) If the credit rating agency declines to block information or rescinds the block
of information pursuant to subsection (b) of this section, the credit rating agency shall
promptly notify the consumer in the same manner as consumers are notified of the
reinsertion of information pursuant to subsection (b) of section 36a-699b. The prior
presence of the blocked information in the credit rating agency's file on the consumer
is not evidence of whether the consumer knew or should have known that he or she
obtained possession of any goods, services or moneys.
(d) A credit rating agency shall accept the consumer's version of the disputed information and correct the disputed item when the consumer submits to the credit rating
agency documentation obtained from the source of the item in dispute or from public
records confirming that the report was inaccurate or incomplete, unless the credit rating
agency, in the exercise of good faith and reasonable judgment, has substantial reason
based on specific, verifiable facts to doubt the authenticity of the documentation submitted and notifies the consumer in writing of that decision, explaining its reasons for
unblocking the information and setting forth specific, verifiable facts on which the decision is based.
(e) A credit rating agency shall delete from a credit report inquiries for credit reports
based upon credit requests that the credit rating agency verifies were initiated as a result
of a violation of section 53a-129a of the general statutes, revision of 1958, revised to
January 1, 2003, or section 53a-129b, 53a-129c or 53a-129d.
(f) The provisions of this section do not apply to: (1) A credit rating agency that
acts as a reseller of credit information by assembling and merging information contained
in the databases of other credit rating agencies, and that does not maintain a permanent
database of credit information from which new credit reports are produced, (2) a check
services or fraud prevention services company that issues reports on incidents of fraud
or authorizations for the purpose of approving or processing negotiable instruments,
electronic funds transfers or similar payment methods, or (3) a demand deposit account
information service company that issues reports regarding account closures due to fraud,
substantial overdrafts, automated teller machine 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 demand deposit account at the inquiring bank or
financial institution.
(P.A. 03-156, S. 9; P.A. 05-288, S. 224.)
History: P.A. 05-288 made a technical change in Subsec. (f)(3), effective July 13, 2005.