54-16-1. Definitions.
Terms used in this chapter mean:
(1)"Protected consumer," a person who is under the age of sixteen years at the time a request for the placement of a security freeze is made or an incapacitated person or a protected person for whom a guardian or conservator has been appointed;
(2)"Record," a compilation of information that is created by a consumer reporting agency solely for the purpose of complying with this section, identifies a protected consumer, and may not be used to consider the protected consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living;
(3)"Representative," a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer;
(4)"Security freeze," a notice placed on a consumer's credit report that prohibits a consumer reporting agency from releasing the consumer's credit report relating to the extension of credit involving that consumer's report, without the express authorization of the protected person's representative;
(5)"Sufficient proof of authority," documentation that shows a representative has authority to act on behalf of a protected consumer and includes an order issued by a court of law, a lawfully executed and valid power of attorney, or a notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer;
(6)"Sufficient proof of identification," information or documentation that identifies a protected consumer or a representative of a protected consumer and includes a social security number or a copy of a social security card issued by the social security administration, a certified or official copy of a birth certificate, or a copy of a driver license, an identification card issued by the motor vehicle administration, or any other government issued identification.
Source: SL 2016, ch 230, ยง1.
Structure South Dakota Codified Laws
Title 54 - Debtor and Creditor
Chapter 16 - Credit Reporting Security Freeze For Protected Consumers
Section 54-16-1 - Definitions.
Section 54-16-3 - Application of chapter.
Section 54-16-4 - Time for placing security freeze.
Section 54-16-5 - Release of report or information prohibited.
Section 54-16-6 - Duration of security freeze.
Section 54-16-7 - Request for removal of security freeze.
Section 54-16-8 - Time for removal of security freeze upon request.
Section 54-16-9 - Fees of consumer reporting agency.
Section 54-16-10 - Removal of security freeze based on material misrepresentation.