Texas Business & Commerce Code - Section 20.038. Exemption From Security Freeze
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§ 20.038. EXEMPTION FROM SECURITY FREEZE. A security
freeze does not apply to a consumer report provided to:
(1) a state or local governmental entity, including a
law enforcement agency or court or private collection agency, if
the entity, agency, or court is acting under a court order, warrant,
subpoena, or administrative subpoena;
(2) a child support agency as defined by Section
101.004, Family Code, acting to investigate or collect child
support payments or acting under Title IV-D of the Social Security
Act (42 U.S.C. Section 651 et seq.);
(3) the Health and Human Services Commission acting
under Section 531.102, Government Code;
(4) the comptroller acting to investigate or collect
delinquent sales or franchise taxes;
(5) a tax assessor-collector acting to investigate or
collect delinquent ad valorem taxes;
(6) a person for the purposes of prescreening as
provided by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et
seq.), as amended;
(7) a person with whom the consumer has an account or
contract or to whom the consumer has issued a negotiable
instrument, or the person's subsidiary, affiliate, agent,
assignee, prospective assignee, or private collection agency, for
purposes related to that account, contract, or instrument;
(8) a subsidiary, affiliate, agent, assignee, or
prospective assignee of a person to whom access has been granted
under Section 20.037(b);
(9) a person who administers a credit file monitoring
subscription service to which the consumer has subscribed;
(10) a person for the purpose of providing a consumer
with a copy of the consumer's report on the consumer's request;
(11) a check service or fraud prevention service
company that issues consumer reports:
(A) to prevent or investigate fraud; or
(B) for purposes of approving or processing
negotiable instruments, electronic funds transfers, or similar
methods of payment;
(12) a deposit account information service company
that issues consumer reports related to account closures caused by
fraud, substantial overdrafts, automated teller machine abuses, or
similar negative information regarding a consumer to an inquiring
financial institution for use by the financial institution only in
reviewing a consumer request for a deposit account with that
institution; or
(13) a consumer reporting agency that:
(A) acts only to resell credit information by
assembling and merging information contained in a database of
another consumer reporting agency or multiple consumer reporting
agencies; and
(B) does not maintain a permanent database of
credit information from which new consumer reports are produced.
Added by Acts 2003, 78th Leg., ch. 1326, § 3, eff. Sept. 1, 2003.
Section: 20.031 20.032 20.033 20.034 20.035 20.036 20.037 20.038 20.0385 20.039 20.04 20.05 20.06 20.07 20.08
Last modified: August 10, 2007
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