§
2480b. Disclosures to consumers
(a) A credit
reporting agency shall, upon request and proper identification of any consumer,
clearly and accurately disclose to the consumer all information available to
users at the time of the request pertaining to the consumer, including:
(1) any credit
score or predictor relating to the consumer, in a form and manner that complies
with such comments or guidelines as may be issued by the Federal Trade
Commission;
(2) the names
of users requesting information pertaining to the consumer during the prior
12-month period and the date of each request; and
(3) a clear
and concise explanation of the information.
(b) As
frequently as new telephone directories are published, the credit reporting
agency shall cause to be listed its name and number in each telephone directory
published to serve communities of this State. In accordance with rules adopted
by the Attorney General, the credit reporting agency shall make provision for
consumers to request by telephone the information required to be disclosed
pursuant to subsection (a) of this section at no cost to the consumer.
(c) Any time a
credit reporting agency is required to make a written disclosure to consumers
pursuant to 15 U.S.C. § 1681g, it shall disclose, in at least 12 point type,
and in bold type as indicated, the following notice:
(1) Under
Vermont law, you are allowed to receive one free copy of your credit report
every 12 months from each credit reporting agency. If you would like to obtain
your free credit report from [INSERT NAME OF COMPANY], you should contact us by
[[writing to the following address: [INSERT ADDRESS FOR OBTAINING FREE CREDIT
REPORT]] or [calling the following number: [INSERT TELEPHONE NUMBER FOR
OBTAINING FREE CREDIT REPORT]] or both].
(2) Under Vermont
law, no one may access your credit report without your permission except under
the following limited circumstances:
(A) in
response to a court order;
(B) for direct
mail offers of credit;
(C) if you
have given ongoing permission and you have an existing relationship with the
person requesting a copy of your credit report;
(D) where the
request for a credit report is related to an education loan made, guaranteed,
or serviced by the Vermont Student Assistance Corporation;
(E) where the
request for a credit report is by the Office of Child Support Services when
investigating a child support case;
(F) where the
request for a credit report is related to a credit transaction entered into
prior to January 1, 1993; and
(G) where the
request for a credit report is by the Vermont State Tax Department and is used
for the purpose of collecting or investigating delinquent taxes.
(3) If you
believe a law regulating consumer credit reporting has been violated, you may
file a complaint with the Vermont Attorney General's Consumer Assistance
Program, 104 Morrill Hall, University of Vermont, Burlington, Vermont 05405.
You have a
right to place a "security freeze" on your credit report pursuant to
9 V.S.A. § 2480h at no charge if you are a victim of identity theft. All other
Vermont consumers will pay a fee to the credit reporting agency of up to $10.00
to place the freeze on their credit report. The security freeze will prohibit a
credit reporting agency from releasing any information in your credit report
without your express authorization. A security freeze must be requested in
writing by certified mail.
The security
freeze is designed to help prevent credit, loans, and services from being
approved in your name without your consent. However, you should be aware that
using a security freeze to take control over who gains access to the personal
and financial information in your credit report may delay, interfere with, or
prohibit the timely approval of any subsequent request or application you make
regarding new loans, credit, mortgage, insurance, government services or
payments, rental housing, employment, investment, license, cellular phone,
utilities, digital signature, internet credit card transaction, or other
services, including an extension of credit at point of sale.
When you place
a security freeze on your credit report, within ten business days you will be
provided a personal identification number or password to use if you choose to
remove the freeze on your credit report or authorize the release of your credit
report for a specific party, parties or period of time after the freeze is in
place. To provide that authorization, you must contact the credit reporting
agency and provide all of the following:
(1) The unique
personal identification number or password provided by the credit reporting
agency.
(2) Proper
identification to verify your identity.
(3) The proper
information regarding the third party or parties who are to receive the credit
report or the period of time for which the report shall be available to users
of the credit report.
A credit
reporting agency may charge a fee of up to $5.00 to a consumer who is not a
victim of identity theft to remove the freeze on your credit report or
authorize the release of your credit report for a specific party, parties, or
period of time after the freeze is in place. For a victim of identity theft,
there is no charge when the victim submits a copy of a police report,
investigative report, or complaint filed with a law enforcement agency about
unlawful use of the victim's personal information by another person.
A credit
reporting agency that receives a request from a consumer to lift temporarily a
freeze on a credit report shall comply with the request no later than three
business days after receiving the request.
A security
freeze will not apply to "preauthorized approvals of credit." If you
want to stop receiving preauthorized approvals of credit, you should call [INSERT
PHONE NUMBERS] [ALSO INSERT ALL OTHER CONTACT INFORMATION FOR PRESCREENED OFFER
OPT OUT.]
A security
freeze does not apply to a person or entity, or its affiliates, or collection
agencies acting on behalf of the person or entity with which you have an
existing account that requests information in your credit report for the
purposes of reviewing or collecting the account, provided you have previously
given your consent to this use of your credit reports. Reviewing the account
includes activities related to account maintenance, monitoring, credit line
increases, and account upgrades and enhancements.
You have a
right to bring a civil action against someone who violates your rights under
the credit reporting laws. The action can be brought against a credit reporting
agency or a user of your credit report."
(d) The
information required to be disclosed by this section shall be disclosed in
writing. The information required to be disclosed pursuant to subsection (c) of
this section shall be disclosed on one side of a separate document, with text
no smaller than that prescribed by the Federal Trade Commission for the notice
required under 15 U.S.C. § 1681q. The information required to be disclosed
pursuant to subsection (c) of this section may accurately reflect changes in
numerical items that change over time (such as the phone number or address of
Vermont State agencies), and remain in compliance.
(e) The
Attorney General may revise this required notice by rule as appropriate from
time to time so long as no new substantive rights are created therein. (Added
1991, No. 246 (Adj. Sess.), § 1; amended 1993, No. 3, § 1, eff. April 9, 1993;
1997, No. 93 (Adj. Sess.), § 1; 2003, No. 155 (Adj. Sess.), § 2, eff. July 1,
2005; 2005, No. 211 (Adj. Sess.), § 2.)