| Contact: Deborah Sturm Rausch (518) 473-9472 |
For Immediate Release: February 6, 2008 |
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The NYS Consumer Protection Board Holds Security Freeze Hearing
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The New York State Consumer Protection Board (CPB) held a public hearing
on Security Freeze on February 6, 2008 at the Empire State Plaza in Albany,
where consumers and advocates, industry representatives, state and local
government officials, and other interested parties offered comments on New
York’s Security Freeze Law under which NY consumers have the ability to
freeze their credit reports.
“The high incidence of identity theft shows it is a significant issue in
America,” said Mindy A. Bockstein, Chairperson and Executive Director of the
NYS Consumer Protection Board. “New York State’s Security Freeze Law
provides an effective free or low-cost method for consumers to prevent
unauthorized parties from accessing their credit history. With changes in
the law, this year it takes even less time to freeze your credit report.
That is good news for consumers, especially for victims of identity theft
who need to protect their personal and financial status from further harm.”
Under NYS General Business Law, Section 380-t, the CPB is responsible
for monitoring the technology utilized to lift a Security Freeze from a
consumer’s credit line, and receives hundreds of identity theft-related
queries annually. Nationally, New York State is 8th per capita in identity
theft complaints.
Between January and December 2006, the Federal Trade Commission (FTC)
reports the total number of identity theft and fraud complaints received at
674,354, 36% of which or 246,035 were identity theft complaints. The amount
of money reportedly paid to scammers by consumers in connection with these
complaints totaled a whopping $1,187,305,506 in 2006, up from $683,484,366
in 2005!
New Yorkers have the ability to place a Security Freeze on their credit
reports, which will help prevent the unauthorized opening of a new credit or
bank account. However, according Eric Ellman, Vice President and Counsel of
State Government and Federal Regulatory Affairs of the Consumer Data
Industry Association, who testified today, only about 27,000 freeze files
have been created by New Yorkers.
Under recent changes to New York’s Security Freeze Law, credit bureaus
are now required to place a freeze on credit reports within four days of
receipt of written consumer requests. The law changed, effective January 1,
2008, reducing the time from five to four days for credit reporting agencies
to place a Security Freeze on a consumer’s credit report. New York’s
Security Freeze Law enables consumers to prevent their credit history and
information from being released or even viewed without their prior and
specific consent. There is no charge for a New York State resident to place
a Security Freeze on their credit report if the consumer is a victim of
identity theft or it is a first request. For second or subsequent requests
for a Security Freeze, a consumer may be charged up to $5.
New York Public Interest Research Group’s (NYPIRG) Legislative Counsel,
Russ Haven presented testimony saying, “New York should revise the law to
require only minimal fees for placing subsequent freezes or thawing a
freeze; and require that freezes be lifted by PIN within 15 minutes to make
freezes more attractive and mete the concerns of retailers and other
businesses.”
Ted Potrikus, Executive Vice President of the Retail Council of New York
State, reported there have been no difficulties connected to New York’s
Security Freeze Law from the retailers’ perspective.
William Ferris and Jim Mitchell, representing AARP, highlighted a study
conducted by AARP of selected states, including California, Connecticut,
Louisiana, Maine, Nevada, New Jersey and North Carolina, regarding consumer
awareness of security freezes. The study concluded that: 1) “Consumers are
concerned about becoming an identity theft victim…, 2) Most older consumers
are not aware of security freezes…, and 3) Older consumers face a number of
other barriers to using a security freeze.”
Detailed information about identity theft, Security Freeze Law, fraud
alerts and other important consumer information may be found on the CPB
website at:
http://www.nysconsumer.gov//.
The Consumer Protection Board, established in 1970 by the New York State
Legislature, is the State's top consumer watchdog and think tank. The CPB's
core mission is to protect New Yorkers by publicizing unscrupulous and
questionable business practices and product recalls; conducting
investigations and hearings; enforcing the Do Not Call law; researching
issues; developing legislation; creating consumer education programs and
materials; responding to individual marketplace complaints by securing
voluntary agreements; and, representing the interests of consumers before
the Public Service Commission and other State and federal agencies.
To file a consumer
complaint with the NYS Consumer Protection Board (CPB), call our toll-free
hotline at 800-697-1220 or visit CPB’s website at
www.nysconsumer.gov. In addition to
the online complaint form, the website is home to important consumer safety
information. To join the CPB’s Do Not Call Reminder list, send an e-mail to
CPB's Do Not Call Reminder list
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