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Can you summarize RIGL Title 6, Chapter 48?
Commercial Law General Regulatory Provisions > Consumer Empowerment and Identity Theft Prevention Act of 2006
Short Summary
The Consumer Empowerment and Identity Theft Prevention Act of 2006, part of the State of Rhode Island General Laws, governs consumer protection, social security number protection, and the process of placing a security freeze on a consumer’s credit report. It imposes requirements on any person regarding consumer protection and establishes penalties for non-compliance. The act prohibits intentional communication or public availability of an individual’s social security number, printing of social security numbers on access cards, transmission of social security numbers over the Internet without secure connection or encryption, use of social security numbers as the sole means to access websites, and printing of social security numbers on mailed materials, except when required by state or federal law. It allows for the collection, use, and release of social security numbers as required by law or for internal verification or administrative purposes. The act also governs the process of placing a security freeze on a consumer’s credit report, allowing consumers to protect their credit information. It outlines the procedures for requesting a security freeze, temporarily lifting the freeze, and removing the freeze. Certain entities and purposes are exempted from the security freeze requirement. The act provides consumers with the right to obtain a security freeze on their credit report, preventing unauthorized access to their credit information. Violation of the act may result in civil fines or misdemeanor charges. Overall, the act aims to empower consumers, prevent identity theft, and protect the privacy of individuals’ financial information.
Whom does it apply to?
Any person, consumer reporting agencies, individuals, partnerships, corporations, trusts, estates, cooperatives, associations, governments, and other entities
What does it govern?
Consumer protection, social security number protection, security freeze on credit reports
What are exemptions?
Public records or records required to be made available to the public by entities provided for in the Rhode Island Constitution
What are the Penalties?
For willful non-compliance: liable to the consumer for actual damages, punitive damages determined by the court, costs of the action, and reasonable attorneys' fees. For obtaining a consumer report, requesting or removing a security freeze under false pretenses: liable to the consumer reporting agency for actual damages sustained by the agency or $1,000, whichever is greater. For negligent non-compliance: liable to the consumer for actual damages and costs of the action with reasonable attorneys' fees. The court may award attorneys' fees to the prevailing party if a pleading, motion, or other paper filed in connection with an action under this act is found to be filed in bad faith or for harassment. Violation of social security number protection may result in civil fines or misdemeanor charges.
Jurisdiction
Rhode Island