Clean Credit and Identity Theft Prevention Act (security freezes)
DE Security Freeze Law
Credit reporting · Financial · Children
Lets Delaware consumers freeze their credit reports so new credit cannot be opened without their PIN or password, with deadlines for credit bureaus to place, lift, and remove freezes. A 2013 amendment lets parents and guardians freeze or create a record for children under 16 and protected adults, and the chapter guarantees identity-theft victims a local police report.
- Where
- Delaware
- Citation
- 6 Del. C. §§ 2201 to 2205 (Title 6, Chapter 22)
- Status
- In force
- In force since
- 2006-09-28
- Last amended
- 2014-01-01
- Enforced by
- Affected consumers (private action); identity-theft police reports taken by local police (2204)
- People can sue
- Yes
- Penalties
- A consumer reporting agency that negligently releases frozen credit information owes notice within 5 business days, and the consumer may obtain injunctive relief, a civil penalty up to $1,000 per violation plus other damages, and expenses and attorney fees (2203(d), 2205(l)).
- Applies to
- Consumer reporting agencies holding reports on Delaware consumers (2202-2203)
- Protected consumers: individuals under 16 when the freeze is requested, and incapacitated or protected persons with a guardian or conservator (2205(a))
What a privacy notice must say
- A specified Delaware security freeze notice must accompany the FCRA summary of rights whenever that summary is required.6 Del. C. § 2203(c)
Rights it gives people
- Consumers may place a security freeze on their credit reports; bureaus must place it within 3 business days (after Sept. 29, 2007) and send confirmation with a PIN or password within 5 business days.6 Del. C. § 2203(b)(1)-(3)
- A parent or representative may have a bureau create a record for and freeze the report of a child under 16 or a protected adult; the bureau must act within 30 days and may charge at most $5 in limited cases.6 Del. C. § 2205(c)-(e), (j)
- Identity-theft victims may file a report with the police agency where they live, which must take the report and give them a copy.6 Del. C. § 2204(a)
Practices it requires
- Bureaus must temporarily lift a freeze within 15 minutes of an electronic or telephone request (from Jan. 31, 2009) and remove a freeze within 3 business days of a request with proper identification.6 Del. C. § 2203(b)(5), (9)
Sources
- Official text
- 6 Del. C. ch. 22 (Delaware Code Online)
- 75 Del. Laws c. 328 (approved June 30, 2006; effective 90 days after enactment)
- 79 Del. Laws c. 43 (protected consumer freezes; approved June 19, 2013; effective Jan. 1, 2014)
- 79 Del. Laws c. 109 (approved July 15, 2013)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Fee provisions for adult freezes in § 2203 are effectively displaced by the federal free-freeze rule (15 U.S.C. § 1681c-1(i), 2018); the state text was not reconciled line by line. | Effective date of 79 Del. Laws c. 109 (approved July 15, 2013) not confirmed.
Research reference, not legal advice.