Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 70 (2025GS)

Sponsor

Sen. Pitcher, Stephanie

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• establishes prohibitions on what information an consumer reporting agency may provide;
• provides exceptions to the prohibitions on what information an consumer reporting agency may provide; and
• makes technical changes.

Every vote on this bill

Bill text

8
13-45-102
13-45-601
0
Consumer Reporting Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Pitcher
House Sponsor: Jordan D. Teuscher
LONG TITLE
General Description:
This bill establishes limitations on information that a consumer reporting agency may 
provide.
Highlighted Provisions:
This bill:
establishes prohibitions on what information a consumer reporting agency may provide; 
provides exceptions to the prohibitions on what information a consumer reporting agency 
may provide; and
makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-45-102
, as last amended by Laws of Utah 2015, Chapter 191
ENACTS:
13-45-601
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
13-45-102
 is amended to read:
13-45-102
. Definitions.
As used in this chapter:
(1)
"Consumer" means an individual who is not a protected consumer.
(2)
"Consumer reporting 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.
"Consumer reporting agency" means a 
person who, for a monetary fee, 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 credit or 
consumer reports to third persons.
(3)
"Consumer who is subject to a protected consumer security freeze" means an individual:
(a)
for whom a credit reporting agency placed a security freeze under Section 
13-45-503
; 
and
(b)
who, on the day on which a request for the removal of the security freeze is 
submitted under Section 
13-45-504
, is not a protected consumer.
(4)
"Credit report" means a consumer report, as defined in
 the Fair Credit Reporting Act,
 15 
U.S.C. Sec. 1681a, that is used or collected in whole or part for the purpose of serving as 
a factor in establishing a consumer's eligibility for credit for personal, family, or 
household purposes.
(5)
"File"
 means the same as that term
 is 
as
 defined in 15 U.S.C. Sec. 1681a.
(6)
"Incapacitated person" means an individual who is incapacitated, as defined in Section 
75-1-201
.
(7)
"Normal business hours" means Sunday through Saturday, between the hours of 6:00 
a.m. and 9:30 p.m., Mountain Standard or Mountain Daylight Time.
(8)
(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. Sec. 6804
in Section 
13-61-101
; or
(ii)
any list, description, or other grouping of consumers, and publicly available 
information 
pertaining to the consumers
relating to a consumer
, that is derived 
without using any nonpublic personal information.
(c)
Notwithstanding Subsection 
(8)(b)
, "personal information" includes any list, 
description, or other grouping of consumers, and publicly available information 
pertaining to the consumers
relating to a consumer
, that is derived using any 
nonpublic personal information other than publicly available information.
(9)
(a)
"Proper identification" 
has the same meaning as 
means the same as that term is 
defined 
in 15 U.S.C. Sec. 1681h(a)(1)
,
;
(b)
and
"Proper identification"
 includes:
(a)
(i)
the consumer's full name, including first, last, and middle names and any 
suffix;
(b)
(ii)
any name the consumer previously used;
(c)
(iii)
the consumer's current and recent full addresses, including street address, 
any apartment number, city, state, and ZIP code;
(d)
(iv)
the consumer's Social Security number; and
(e)
(v)
the consumer's date of birth.
(10)
"Protected consumer" means an individual who, at the time a request for a security 
freeze is made, is:
(a)
less than 
under 
16 years 
of age
old
;
(b)
an incapacitated person; or
(c)
a protected person.
(11)
"Protected person" means the same as that term is defined in Section 
75-5b-102
.
(12)
"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.
(13)
"Representative" means a person 
who
that
 provides to a consumer reporting agency 
sufficient proof of authority to act on behalf of a protected consumer.
(14)
(a)
"Sufficient proof of authority" means documentation that shows that a person has 
authority to act on behalf of a protected consumer.
(b)
"Sufficient proof of authority" includes:
(i)
a court order;
(ii)
a lawfully executed power of attorney; or
(iii)
a written, notarized statement signed by the person that expressly describes the 
person's authority to act on behalf of the protected consumer.
(15)
(a)
"Sufficient proof of identification" means information or documentation that 
identifies a protected consumer or a representative.
(b)
"Sufficient proof of identification" includes:
(i)
a Social Security number or a copy of a Social Security card issued by the United 
States Social Security Administration;
(ii)
a certified or official copy of a birth certificate; or
(iii)
a copy of a government issued driver license or identification card.
Section 2, Section 
13-45-601
 is enacted to read:
13-45-601
. Consumer reporting agency -- Prohibitions.
(1)
Except as provided in Subsection (2), a consumer reporting agency may not report 
information relating to:
(a)
an arrest not resulting in a conviction;
(b)
a criminal charge not resulting in a conviction;
(c)
an expunged conviction; or
(d)
a pardoned conviction.
(2)
A consumer reporting agency may report:
(a)
a pending criminal charge; or
(b)
an arrest that has not reached a final disposition.
Section 3. 
Effective date.
This bill takes effect on 
May 7, 2025
.
3-6-25 1:52 PM