The Fair Credit Reporting Act in South Carolina
South Carolina has an identity theft protection statute that helps consumers when their credit reports are affected. The law (called the Consumer Identity Theft Protection Act – §37-20-110) provides for a great deal of protection for South Carolina Consumers. First, the law provides a consumer credit-reporting agency must give notice to each creditor who uses a consumer report if the agency becomes aware that an application to a card issuer to open a new credit card account bears an address for the consumer that is different from the address in its file of the consumer. A credit card issuer that mails an offer or solicitation to receive a credit card and, in response, receives a completed application for a credit card listing an address that is substantially different from the address on the offer or solicitation shall verify the change of address by contacting the person to whom the solicitation or offer was mailed, or by using other reasonable means of verifying the account holder’s identity.
A person who learns or reasonably suspects that the person is the victim of identity theft may initiate a law enforcement investigation by reporting to a local law enforcement agency that has jurisdiction over the person’s actual legal residence. The law enforcement agency shall take the report, provide the complainant with a copy of the report, and begin an investigation. Also, South Carolina is the only state where a consumer who is the victim of identity theft may go to court and obtain a judicial determination of their own innocence from any accounts opened or crimes committed in that consumer’s name. Also, the law provides for the proper placement and removal of security freezes on a consumer’s credit file.
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If you have an error or inaccurate information on your credit report, there are actions that you can take. Contact SmithMarco, P.C., today for a completely free case review.