# AK Insurance Bulletin B17-07: Application of AS 21.36.460 to a Consumer's Request that Equifax Prevent New Creditors From Accessing the Consumer's Equifax Credit Report

> Alaska · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/AK_INS_B_2017-07

## Section

- **Citation:** AK Insurance Bulletin B17-07
- **Heading:** Application of AS 21.36.460 to a Consumer's Request that Equifax Prevent New Creditors From Accessing the Consumer's Equifax Credit Report
- **Jurisdiction:** Alaska
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Alaska Division of Insurance Bulletins / Application of AS 21.36.460 to a Consumer's Request that Equifax Prevent New Creditors From Accessing the Consumer's Equifax Credit Report

## Text

THE STATE
01ALASKA
Department of Commerce, Community,
and Economic Development
GOVERNOR BILL \VALKER
BULLETIN B 17-07
DIVISION OF INSURANCE
P.O. Box 110805
Juneau. AK 99811-0805
Main: 907 .465.2515
Fax: 907.465.3422
TO:
ALL INSURERS WRITING PERSONAL LINES POLICIES IN THE ST ATE OF
ALASKA AND OTHER INTERESTED PARTIES
RE:
APPLICATION OF AS 21.36.460 TO A CONSUMER'S REQUEST THAT
EQUIFAX PREVENT NEW CREDITORS FROM ACCESSING THE
CONSUMER'S EQUIFAX CREDIT REPORT
On September 7, 2017, Equifax Inc. announced a cybersecurity incident potentially impacting
approximately 143 million U.S. consumers. The unauthorized activity accessed information
including names, Social Security numbers, birth dates, addresses, and, in some cases, driver's
license numbers. Equifax discovered the unauthorized access on July 29, 2017.
Equifax's announcement also stated:
Equifax has established a dedicated website, www.equifaxsecurity2017.com, to help
consumers determine if their information has been potentially impacted and to sign up for
credit file monitoring and identity theft protection. The offering, called TrustedID
Premier, includes 3-Bureau credit monitoring of Equifax, Experian and Transunion credit
reports; copies of Equifax credit reports; the ability to lock and unlock Equifax credit
reports; identity theft insurance; and Internet scanning for Social Security numbers - all
complimentary to U.S. consumers for one year.
The Equifax website's frequently asked questions page,
https :/ /www. equifaxsecuri ty20 1 7. com/freguentl y-asked-questions/, explains the
difference between a credit file lock and a security freeze noting:
At their most basic level, both prevent new creditors from accessing your Equifax credit
report unless you give permission or take an action such as removing, unlocking, or
lifting the freeze or lock. Both a security freeze and a credit file lock help prevent a
lender or other creditor from accessing a consumer's credit report to open unauthorized
new accounts
ck and a security freeze noting:
At their most basic level, both prevent new creditors from accessing your Equifax credit
report unless you give permission or take an action such as removing, unlocking, or
lifting the freeze or lock. Both a security freeze and a credit file lock help prevent a
lender or other creditor from accessing a consumer's credit report to open unauthorized
new accounts.
•
Security freezes were created in the early 2000's, are subject to regulation by each
state and use a PIN based system for authentication.
•
Credit file locks were created more recently, are mobile-enabled and use modern
authentication techniques, such as username and passwords and one-time
passcodes for better user experience.

Alaskan consumers, through no fault of their own, may be greatly and negatively impacted by
the unauthorized access to personal and other information that was in the possession of Equifax
and, in response to the Equifax cybersecurity incident, may seek to prevent new creditors from
accessing their Equifax credit reports via a security freeze or credit file lock. The Alaska
Division of Insurance (division) will not consider these consumer responses to be activities that
have, or should have, any bearing on that consumer's creditworthiness, credit standing, or credit
capacity under AS 21.36.460.
The division reminds insurers that under AS 21.36.460( d)(2), an insurer may not:
cancel, deny, underwrite, or rate personal insurance coverage based in whole or in part on
(A) the absence of credit history or the inability to determine the consumer's credit
history if the insurer has received accurate and complete information from the consumer;
this subparagraph does not apply if the insurer treats the consumer as if the consumer had
neutral credit information as approved by the director;
For an insurer who contracts exclusively with Equifax for credit reports, the division encourages
the insurer to discuss with a new insurance consumer the advantages and disadvantages the
consume
accurate and complete information from the consumer;
this subparagraph does not apply if the insurer treats the consumer as if the consumer had
neutral credit information as approved by the director;
For an insurer who contracts exclusively with Equifax for credit reports, the division encourages
the insurer to discuss with a new insurance consumer the advantages and disadvantages the
consumer's Equifax security freeze or credit file lock and resulting neutral credit information
may have on the insurance transaction. For an insurer who does not contract exclusively Equifax,
or who contracts with a different credit agency, the new insurance consumer may benefit from a
credit report which results in a more favorable outcome for the consumer than if the consumer
were treated as if they had neutral credit information.
The division will consider AS 21.36.460 violated if an insurer writing personal insurance in this
state takes an adverse action under the statute as a result of a consumer's Equifax security freeze
or credit file lock when reasonable alternatives exist for the insurer to utilize an alternative credit
agency to access the consumer's credit information.
If you have questions regarding this bulletin, please contact the Division of Insurance at P .0.
Box 110805, Juneau, AK 99801-0805; (907) 465-2515; or i urance alaska. ov.
Dated October lo.J-h , 2017.

## Nearby sections

- [AK Insurance Bulletin B00-04 House Bill 419, Workers' Compensation Benefits Increases](https://www.frixlaw.com/law-library/statutes/AK_INS_B_2000-04.md)
- [AK Insurance Bulletin B00-05 White List for Surplus Lines](https://www.frixlaw.com/law-library/statutes/AK_INS_B_2000-05.md)
- [AK Insurance Bulletin B00-06 Notice of Changes to Alaska Statutes Pertaining to Insurance Law](https://www.frixlaw.com/law-library/statutes/AK_INS_B_2000-06.md)
- [AK Insurance Bulletin B00-07 Promissory Note Fraud Alert](https://www.frixlaw.com/law-library/statutes/AK_INS_B_2000-07.md)
- [AK Insurance Bulletin B00-08 Title Insurance Regulation](https://www.frixlaw.com/law-library/statutes/AK_INS_B_2000-08.md)
- [AK Insurance Bulletin B00-09 Survey on Health Insurance](https://www.frixlaw.com/law-library/statutes/AK_INS_B_2000-09.md)
- [AK Insurance Bulletin B00-10 Residual Market Application Fee](https://www.frixlaw.com/law-library/statutes/AK_INS_B_2000-10.md)
- [AK Insurance Bulletin B00-11 Enforcement of Gramm-Leach-Bliley Privacy Regulations](https://www.frixlaw.com/law-library/statutes/AK_INS_B_2000-11.md)
- [AK Insurance Bulletin B00-12 2001 Workers' Compensation Loss Costs](https://www.frixlaw.com/law-library/statutes/AK_INS_B_2000-12.md)
- [AK Insurance Bulletin B00-13 Subscription Policies](https://www.frixlaw.com/law-library/statutes/AK_INS_B_2000-13.md)
- [AK Insurance Bulletin B01-01 Alaska Small Employer Insurance Activity Report](https://www.frixlaw.com/law-library/statutes/AK_INS_B_2001-01.md)
- [AK Insurance Bulletin B01-02 Eligible Surplus Lines Insurers in the State of Alaska](https://www.frixlaw.com/law-library/statutes/AK_INS_B_2001-02.md)
- [AK Insurance Bulletin B01-03 Filing Requirements for Insurance Company Financial Statements](https://www.frixlaw.com/law-library/statutes/AK_INS_B_2001-03.md)
- [AK Insurance Bulletin B01-04 Summary Document and Disclaimer Concerning Coverage, Limitations, and Exclusions Under the Alaska Life and Health Insurance Guaranty Association Act](https://www.frixlaw.com/law-library/statutes/AK_INS_B_2001-04.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/AK_INS_B_2017-07. Check the current official text before relying on it. Not legal advice.
