TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 34 IDENTITY THEFT

10-1-913. Definitions for this Code section and Code Sections 10-1-914 and 10-1-914.1

As used in this Code section, Code Section 10-1-914, and Code Section 10-1-914.1, the term:

1. "Consumer" means a natural person residing in this state.
2. "Consumer credit report" means a "consumer report" as defined in 15 U.S.C. Section 1681a(d) that a consumer reporting agency furnishes to a person which it has reason to believe intends to use the information as a factor in establishing the consumer's eligibility for credit to be used primarily for personal, family, or household purposes.
3. "Consumer credit reporting agency" means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties.
4. "Normal business hours" means any day, between the hours of 8:00 A.M. and 9:30 P.M., eastern standard time.
5. "Person" means any individual, partnership, corporation, trust, estate, cooperative, association, government, or governmental subdivision or agency, or other entity.
6. "Proper identification" means information generally deemed sufficient to identify a person for consumer reporting agency purposes under 15 U.S.C. Section 1681 et seq.
7. "Protected consumer" means an individual who is:
   1. Under the age of 16 years at the time a request for the placement of a security freeze is made under subsection (a) of Code Section 10-1-914.1; or
   2. An individual for whom a guardian or conservator has been appointed.
8. "Record" means a compilation of information about a protected consumer that satisfies all of the following:
   1. The compilation identifies the protected consumer; and
   2. The compilation is created by a consumer credit reporting agency solely for the purpose of complying with Code Section 10-1-914.1.
9. "Representative" means a person who provides to a consumer credit reporting agency sufficient proof of authority to act on behalf of a protected consumer.
10. "Security freeze" means a restriction placed on a consumer credit report at the request of the consumer that prohibits a consumer credit reporting agency from releasing all or any part of the consumer's consumer credit report or any information derived from the consumer's consumer credit report for a purpose relating to the extension of credit without the express authorization of the consumer.
11. "Security freeze for a protected consumer" means one of the following:
    1. If a consumer credit reporting agency does not have a file pertaining to a protected consumer, a restriction placed on the protected consumer's record that prohibits the consumer credit reporting agency from releasing the protected consumer's record; or
    2. If a consumer credit reporting agency has a file pertaining to the protected consumer, a restriction placed on the protected consumer's credit report that prohibits the consumer credit reporting agency from releasing the protected consumer's credit report or any information derived from the protected consumer's credit report.
12. "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:
    1. An order issued by a court;
    2. A lawfully executed and valid power of attorney; or
    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.
13. "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:
    1. A social security number or a copy of a social security card issued by the Social Security Administration; or
    2. A certified or official copy of a birth certificate issued by the entity authorized to issue the birth certificate.

(Code 1981, §10-1-913, enacted by Ga. L. 2008, p. 594, § 1/HB 130; Ga. L. 2014, p. 668, § 1/HB 915.)

The 2014 amendment, effective January 1, 2015, in the introductory language, substituted "section, Code Section 10-1-914, and Code Section 10-1-914.1" for "section and in Code Section 10-1-914"; substituted "eastern standard time" for "Eastern Standard Time" at the end of paragraph (4); added present paragraphs (7) through (9); redesignated former paragraph (7) as present paragraph (10); and added paragraphs (11) through (13).