The Vermont Statutes Online

Title 9 : Commerce and Trade

Chapter 063 : Consumer Protection

Subchapter 003 : FAIR CREDIT REPORTING

• § 2480a. Definitions

  As used in this subchapter and subchapter 10 of this chapter:

  (1) “Consumer” means a natural person other than a protected consumer.

  (2) “Consumer who is subject to a protected consumer security freeze” means a natural person:

  (A) for whom a credit reporting agency placed a security freeze under section 2480h of this title; and

  (B) who, on the day on which a request for the removal of the security freeze is submitted under section 2480h of this title, is not a protected consumer.

  (3) “Credit report” means any written, oral, or other communication of any information by a credit reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, including an investigative credit report. The term does not include:

  (A) a report containing information solely as to transactions or experiences between the consumer and the person making the report; or

  (B) an authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device.

  (4) “Credit reporting agency” or “agency” means a person who, for fees, dues, or on a cooperative basis, regularly engages in whole or in part in the practice of assembling or evaluating information concerning a consumer’s credit or other information for the purpose of furnishing a credit report to another person.

  (5) “File” shall have the same meaning as in 15 U.S.C. § 1681a.

  (6) “Identity theft” means the unauthorized use of another person’s personal identifying information to obtain credit, goods, services, money, or property.

  (7) “Incapacitated person” shall have the same meaning as in 14 V.S.A. § 3152.

  (8) “Investigative credit report” means a report in which information on a consumer’s character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom the consumer is acquainted or who may have knowledge concerning any such items of information. The term does not include reports of specific factual information on a consumer’s credit record obtained directly from a creditor of the consumer or from a credit reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.

  (9)(A) “Personal information” means personally identifiable financial information:

  (i) provided by a consumer to another person;

  (ii) resulting from any transaction with the consumer or any service performed for the consumer; or

  (iii) otherwise obtained by another person.

  (B) “Personal information” does not include:

  (i) publicly available information, as that term is defined by the regulations prescribed under 15 U.S.C. § 6804; or

  (ii) any list, description, or other grouping of consumers and publicly available information pertaining to the consumers that is derived without using any nonpublic personal information.

  (C) Notwithstanding subdivision (B) of this subdivision (9), “personal information” includes any list, description, or other grouping of consumers and publicly available information pertaining to the consumers that is derived using any nonpublic personal information other than publicly available information.

  (10) “Proper authority” means:

  (A) in the case that it is required of a protected consumer’s representative:

  (i) sufficient proof of identification of the protected consumer;

  (ii) sufficient proof of identification of the protected consumer’s representative; and

  (iii) sufficient proof of authority to act on behalf of the protected consumer; and

  (B) in the case that it is required of a consumer who is subject to a protected consumer security freeze:

  (i) sufficient proof of identification of the consumer who is subject to a protected consumer security freeze; and

  (ii) proof that the consumer who is subject to a protected consumer security freeze is not a protected consumer.

  (11) “Proper identification” shall have the same meaning as in 15 U.S.C. § 1681h(a)(1), and includes:

  (A) the consumer’s full name, including first, last, and middle names and any suffix;

  (B) any name the consumer previously used;

  (C) the consumer’s current and recent full addresses, including street address, any apartment number, city, state, and zip code;

  (D) the consumer’s Social Security number; and

  (E) the consumer’s date of birth.

  (12) “Protected consumer” means a natural person who, at the time a request for a security freeze is made, is:

  (A) under 16 years of age;

  (B) an incapacitated person; or

  (C) a protected person.

  (13) “Protected consumer security freeze” means:

  (A) if a consumer reporting agency does not have a file that pertains to a protected consumer, a restriction that:

  (i) is placed on the protected consumer’s record in accordance with this subchapter; and

  (ii) except as otherwise provided in this subchapter, prohibits the consumer reporting agency from releasing the protected consumer’s record; or

  (B) if a consumer reporting agency has a file that pertains to the protected consumer, a restriction that:

  (i) is placed on the protected consumer’s credit report in accordance with this subchapter; and

  (ii) except as otherwise provided in this subchapter, prohibits the consumer reporting agency from releasing the protected consumer’s credit report or any information derived from the protected consumer’s credit report.

  (14) “Protected person” shall have the same meaning as in 14 V.S.A. § 3152.

  (15) “Record” means a compilation of information that:

  (A) identifies a protected consumer;

  (B) is created by a consumer reporting agency solely for the purpose of complying with this section; and

  (C) may not be created or used to consider the protected consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.

  (16) “Representative” means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer.

  (17) “Security freeze” means a notice placed in a credit report, at the request of the consumer, pursuant to section 2480h of this title.

  (18) “Sufficient proof of authority” means documentation that shows that a person has authority to act on behalf of a protected consumer, including:

  (A) a birth certificate;

  (B) a court order;

  (C) a lawfully executed power of attorney; or

  (D) a written, notarized statement signed by the person that expressly describes the person’s authority to act on behalf of the protected consumer.

  (19) “Sufficient proof of identification” means information or documentation that identifies a protected consumer or a representative, including:

  (A) a Social Security number or a copy of a Social Security card issued by the U.S. Social Security Administration;

  (B) a certified or official copy of a birth certificate; or

  (C) a copy of a government-issued driver’s license or identification card. (Added 1991, No. 246 (Adj. Sess.), § 1; amended 2003, No. 155 (Adj. Sess.), § 1, eff. July 1, 2005; 2005, No. 211 (Adj. Sess.), § 1; 2017, No. 179 (Adj. Sess.), § 4, eff. Jan. 1, 2019; 2019, No. 57, § 21.)