Chapter 100

100.545(1)(f)1. 1. If a consumer reporting agency does not have a file pertaining to a protected consumer, a restriction placed on the protected consumer’s record that prohibits, except as provided in this section, the consumer reporting agency from releasing the protected consumer’s record.

100.545(1)(f)2. 2. If a consumer reporting agency has a file pertaining to the protected consumer, a restriction placed on the protected consumer’s credit report that prohibits, except as provided in this section, the consumer reporting agency from releasing the protected consumer’s credit report or any information derived from the protected consumer’s credit report.

100.545(1)(g) (g) “Sufficient proof of authority’ means documentation that shows a representative has authority to act on behalf of a protected consumer, including any of the following:

100.545(1)(g)1. 1. An order issued by a court.

100.545(1)(g)2. 2. A lawfully executed and valid power of attorney.

100.545(1)(g)3. 3. A written, notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer.

100.545(1)(h) (h) “Sufficient proof of identification” means information or documentation that identifies a protected consumer or a representative of a protected consumer, including any of the following:

100.545(1)(h)1. 1. A social security number or a copy of a social security card issued by the social security administration.

100.545(1)(h)2. 2. A certified or official copy of a birth record issued by the entity authorized to issue the birth record.

100.545(1)(h)3. 3. A copy of an operator’s license issued under ch. 343 or under a comparable law of another state, an identification card issued under s. 343.50 or under a comparable law of another state, or any other government issued identification.

100.545(2) (2) Exceptions. This section does not apply to the use of a protected consumer’s credit report or record by any of the following:

100.545(2)(a) (a) A person administering a credit file monitoring subscription service to which the protected consumer has subscribed or the representative of the protected consumer has subscribed on behalf of the protected consumer.

100.545(2)(b) (b) A person providing the protected consumer or the protected consumer’s representative with a copy of the protected consumer’s credit report on request of the protected consumer or the protected consumer’s representative.

100.545(2)(c) (c) A person exempted under s. 100.54 (8) from the requirements of s. 100.54.

100.545(2)(d) (d) An insurance company for the purpose of conducting its ordinary business.

100.545(2)(e) (e) A consumer reporting agency’s database or file that consists of information concerning, and used for, one or more of the following, but not for credit granting purposes:

100.545(2)(e)1. 1. Criminal record information.

100.545(2)(e)2. 2. Fraud prevention or detection.

100.545(2)(e)3. 3. Personal loss history information.

100.545(2)(e)4. 4. Employment, tenant, or other background screening.

100.545(3) (3) Placement of security freeze.

100.545(3)(a) (a) A consumer reporting agency shall place a security freeze for a protected consumer if the consumer reporting agency receives a request from the protected consumer’s representative for the placement of the security freeze and the protected consumer’s representative does all of the following:

100.545(3)(a)1. 1. Submits the request to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency.

100.545(3)(a)2. 2. Provides to the consumer reporting agency sufficient proof of identification of the protected consumer and the representative.

100.545(3)(a)3. 3. Provides to the consumer reporting agency sufficient proof of authority to act on behalf of the protected consumer.

100.545(3)(a)4. 4. Pays to the consumer reporting agency a fee as provided in sub. (5).

100.545(3)(b) (b) If a consumer reporting agency does not have a file pertaining to a protected consumer when the consumer reporting agency receives a request under par. (a), the consumer reporting agency shall create a record for the protected consumer. Upon receiving the request, the consumer reporting agency shall verify that no file pertains to the protected consumer by checking for existing files relating to the protected consumer’s name and social security number and for existing files relating only to the protected consumer’s social security number. A record created under this paragraph may not be used to consider the protected consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.

100.545(3)(c) (c) Within 30 days after receiving a request that meets the requirements of par. (a), a consumer reporting agency shall place a security freeze for the protected consumer.

100.545(3)(d) (d) Unless a security freeze for a protected consumer is removed in accordance with sub. (4) or (6), a consumer reporting agency may not release the protected consumer’s credit report, any information derived from the protected consumer’s credit report, or any record created for the protected consumer.

100.545(3)(e) (e) A security freeze for a protected consumer placed under par. (c) remains in effect until one of the following occurs:

100.545(3)(e)1. 1. The protected consumer or the protected consumer’s representative requests the consumer reporting agency to remove the security freeze in accordance with sub. (4).

100.545(3)(e)2. 2. The security freeze is removed in accordance with sub. (6).

100.545(4) (4) Removal of security freeze.

100.545(4)(a) (a) If a protected consumer or a protected consumer’s representative wishes to remove a security freeze for the protected consumer, the protected consumer or the protected consumer’s representative shall do all of the following:

100.545(4)(a)1. 1. Submit a request for the removal of the security freeze to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency.

100.545(4)(a)2. 2. Provide to the consumer reporting agency sufficient proof of identification of the protected consumer and one of the following:

100.545(4)(a)2.a. a. For a request by the protected consumer, proof that the sufficient proof of authority for the protected consumer’s representative to act on behalf of the protected consumer is no longer valid.

100.545(4)(a)2.b. b. For a request by the representative of the protected consumer, sufficient proof of identification of the representative and sufficient proof of authority to act on behalf of the protected consumer.

100.545(4)(a)3. 3. Pay to the consumer reporting agency a fee as provided in sub. (5).

100.545(4)(b) (b) Within 30 days after receiving a request that meets the requirements of par. (a), the consumer reporting agency shall remove the security freeze for the protected consumer.

100.545(5) (5) Fees.

100.545(5)(a) (a) Except as provided in par. (b), a consumer reporting agency may not charge a fee for any service performed under this section.

100.545(5)(b) (b) A consumer reporting agency may charge a reasonable fee, not exceeding $10, for each placement or removal of a security freeze for a protected consumer.

100.545(5)(c) (c) Notwithstanding par. (b), a consumer reporting agency may not charge any fee under this section if any of the following applies:

100.545(5)(c)1. 1. The protected consumer’s representative has obtained a police report or affidavit of alleged identity fraud against the protected consumer and provides a copy of the report or affidavit to the consumer reporting agency.

100.545(5)(c)2. 2. A request for the placement or removal of a security freeze is for a protected consumer who is under the age of 16 years at the time of the request and the consumer reporting agency has a file pertaining to the protected consumer.

100.545(6) (6) Material misrepresentations. A consumer reporting agency may remove a security freeze for a protected consumer or delete a record of a protected consumer if the security freeze was placed or the record was created based on a material misrepresentation of fact by the protected consumer or the protected consumer’s representative.

100.545(7) (7) Penalty; enforcement.

100.545(7)(a) (a) A person who violates this section may be required to forfeit not more than $1,000 for each violation.

100.545(7)(b) (b) The department of agriculture, trade and consumer protection or the department of justice, after consulting with the department of agriculture, trade and consumer protection, may bring an action for temporary or permanent injunctive or other relief for any violation of this section or an action for the penalty authorized in par. (a).

100.545 History History: 2013 a. 78; 2017 a. 334.

100.55 100.55 Furnishing or using certain consumer loan information to make solicitations.

100.55(1) (1) In this section:

100.55(1)(a) (a) “Consumer” has the meaning given in 15 USC 1681a (c).

100.55(1)(b) (b) “Consumer report” has the meaning given in 15 USC 1681a (d).

100.55(1)(c) (c) “Consumer reporting agency” has the meaning given in 15 USC 1681a (f).

100.55(1)(d) (d) “Lender” means any of the following:

100.55(1)(d)1. 1. A financial institution, as defined in s. 214.01 (1) (jn).

100.55(1)(d)2. 2. A finance company licensed under ss. 138.09 or 218.0101 to 218.0163.

100.55(1)(d)3. 3. A mortgage banker or mortgage broker licensed under s. 224.72 or a mortgage loan originator licensed under s. 224.725.

100.55(1)(d)4. 4. Any other person, not identified in subds. 1. to 3., the primary business of which is to make loans or engage in lending activities in this state.

100.55(1)(e) (e) “Nonaffiliated 3rd party” means a person that is not related by common ownership or affiliated by common corporate control.

100.55(1)(f) (f) “Person” has the meaning given in 15 USC 1681a (b).

100.55(1)(g) (g) “Personal financial data provider” means any person, other than a consumer reporting agency, that regularly engages in whole or in part in the practice of assembling and furnishing to 3rd parties, for a fee or payment of dues, the identity of particular consumers and financial information relating to such consumers that is not generally available to the public, including information derived from any application by these consumers for an extension of credit or other nonpublic personal information, as defined in 15 USC 6809 (4), relating to these consumers.

100.55(1)(h) (h) “Prescreened consumer report” means a consumer report furnished by a consumer reporting agency under authority of 15 USC 1681b (a) (3) (A) and (c) (1) (B) to a person that the consumer reporting agency has reason to believe intends to use the information in connection with any credit transaction that involves the consumer on whom the information is to be furnished and that is not initiated by this consumer.

100.55(1)(i) (i) “Trigger lead” means information relating to a consumer that is furnished by a consumer reporting agency or personal financial data provider to a nonaffiliated 3rd party if all of the following apply:

100.55(1)(i)1. 1. The consumer has applied to a lender, other than the 3rd party to whom the information is furnished, for an extension of credit and the lender has provided the consumer’s credit application, or information derived from or related to the consumer’s credit application, to a consumer reporting agency or personal financial data provider for purposes of obtaining a consumer report or otherwise evaluating or rating the consumer’s creditworthiness.

100.55(1)(i)2. 2. The information furnished to the 3rd party includes the consumer’s name and address or telephone number, or other information that allows the 3rd party to identify the consumer.

100.55(1)(i)3. 3. The information furnished to the 3rd party contains, with respect to the extension of credit for which the consumer has applied under subd. 1., any identification of the amount of credit for which the consumer has applied or any other information that is related to the terms and conditions of credit for which the consumer has applied and that is not generally available to the public.

100.55(1)(i)4. 4. The consumer has not authorized the consumer reporting agency or personal financial data provider to provide the information to 3rd parties and has not initiated any credit transaction with the 3rd party.

100.55(1)(i)5. 5. The 3rd party to whom the information is furnished has not extended credit to the consumer on which an unpaid balance remains.

100.55(1)(j) (j) “Solicit” means the initiation of a communication to a consumer for the purpose of encouraging the consumer to purchase property, goods, or services or apply for an extension of credit. “Solicit” does not include communications initiated by the consumer or directed to the general public.

100.55(2) (2) 

100.55(2)(a) (a) If any trigger lead is not a prescreened consumer report, no person may furnish the trigger lead to a nonaffiliated 3rd party unless the person reasonably believes that the 3rd party will not use the trigger lead to solicit any consumer identified in the trigger lead.

100.55(2)(b) (b) Any person that furnishes a trigger lead described in par. (a) to a nonaffiliated 3rd party shall establish and maintain procedures to reasonably ensure that the trigger lead will not be used to solicit any consumer identified in the trigger lead. These procedures shall include requiring any person that obtains a trigger lead described in par. (a) to identify the user of the trigger lead and to certify, in a manner similar to that required under 15 USC 1681e (a), the purpose for which the trigger lead is obtained and that the person will not use the trigger lead to solicit any consumer identified in the trigger lead.

100.55(2)(c) (c) No person that obtains a trigger lead described in par. (a) may use the trigger lead to solicit any consumer identified in the trigger lead.

100.55(3) (3) 

100.55(3)(a) (a) If any trigger lead is a prescreened consumer report, a person that obtains a trigger lead and uses the trigger lead to solicit any consumer identified in the trigger lead may not utilize unfair or deceptive practices in soliciting the consumer.

100.55(3)(b) (b) For purposes of this subsection, unfair or deceptive practices include all of the following:

100.55(3)(b)1. 1. Failure to state in the initial phase of the solicitation that the person soliciting is not the lender, and is not affiliated with the lender, to which the consumer has applied for an extension of credit.

100.55(3)(b)2. 2. Failure in the initial solicitation to comply with any applicable requirement under 15 USC 1681b (a), (c), (e), and (f), 1681e (a), and 1681m (d).

100.55(3)(b)3. 3. Knowingly or negligently utilizing information regarding consumers who have made an election under 15 USC 1681b (e) to be excluded from prescreened consumer reports or who have registered their telephone numbers on the national do-not-call registry as provided in 47 CFR 64.1200.

100.55(3)(b)4. 4. Soliciting consumers with offers of certain rates, terms, and costs, with intent to subsequently raise the rates or change the terms to the consumers’ detriment.

100.55(3)(b)5. 5. Making false or misleading statements in connection with a credit transaction that is not initiated by the consumer.

100.55(4) (4) 

100.55(4)(a) (a) Any person who violates sub. (2) or (3) may be required to forfeit not less than $100 nor more than $1,000 for each violation.

100.55(4)(b) (b) The department shall investigate violations of this section. The department or the department of justice, after consulting with the department, or any district attorney, upon informing the department, may on behalf of the state:

100.55(4)(b)1. 1. Bring an action for temporary or permanent injunctive or other relief for any violation of this section. In such an action for injunctive relief, irreparable harm is presumed. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of a violation of this section if proof of such loss is submitted to the satisfaction of the court.

100.55(4)(b)2. 2. Bring an action in any court of competent jurisdiction for the penalties authorized under par. (a).