23-67-405. Use of credit information.

23-67-405. Use of credit information. An insurer authorized to do business in Arkansas that uses credit information to underwrite or rate risks shall not: (1) Use a credit score that is calculated using income, gender, address, zip code, ethnic group, religion, marital status, or nationality of the consumer as a factor; (2) Deny, cancel, or nonrenew a policy of personal insurance solely on the basis of credit information without consideration of any other applicable underwriting factor independent of credit information and not expressly prohibited by subdivision (1) of this section; (3) Base an insured's renewal rates for personal insurance solely upon credit information without consideration of any other applicable factor independent of credit information; (4) Take an adverse action against a consumer solely because he or she does not have a credit card account without consideration of any other applicable factor independent of credit information; (5) Consider an absence of credit information or an inability to calculate a credit score in underwriting or rating personal insurance unless the insurer does one (1) of the following: (A) Treats the consumer as otherwise approved by the Insurance Commissioner if the insurer presents information that such an absence or inability relates to the risk for the insurer; (B) Treats the consumer as if the applicant or insured had neutral credit information as defined by the insurer; or (C) Excludes the use of credit information as a factor and uses only other underwriting criteria; (6) Take an adverse action against a consumer based on credit information unless an insurer obtains and uses a credit report issued or a credit score calculated within ninety (90) days prior to the date the policy is first written or renewal is issued; (7) Use credit information unless not later than thirty-six (36) months following the last time that the insurer obtained current credit information for the insured the insurer recalculates the credit score or obtains an updated credit report. Regardless of the requirements of this subdivision (7): (A)(i) Upon the written request of a consumer, the insurer shall reunderwrite and rerate the policy based upon a current credit report or credit score. (ii) An insurer need not recalculate the credit score or obtain the updated credit report of a consumer or reunderwrite or rerate a policy more frequently than one (1) time in a twelve-month period; (B) The insurer shall have the discretion to obtain current credit information prior to any renewal before the end of the thirty-six (36) months; (C) No insurer need obtain current credit information for an insured despite the requirements of subdivision (7)(A) of this section if one (1) of the following applies: (i) The insurer is treating the consumer as otherwise approved by the commissioner; (ii)(a) The insured is in the most favorably priced rating tier of the insurer within a group of affiliated insurers. (b) However, the insurer shall have the discretion to order an updated credit report; (iii)(a) Credit was not used for underwriting or rating the insured when the policy was initially written. (b) However, the insurer shall have the discretion to use credit information for underwriting or rating the insured upon renewal; (iv) The insurer reevaluates the insured beginning no later than thirty-six (36) months after inception and thereafter based upon other underwriting or rating factors excluding credit information; or (v) If credit scoring is not used at renewal; or (8) Use the following as a negative factor in any credit-scoring methodology for the purpose of underwriting or rating a policy of personal insurance: (A) Credit inquiries not initiated by the consumer or inquiries requested by the consumer for his or her own credit information; (B) Inquiries relating to insurance coverage if so identified on a consumer's credit report; (C) Medical collection accounts; (D) Multiple-lender inquiries if coded by the consumer reporting agency on the consumer's credit report as being from the home mortgage industry and made within thirty (30) days of one another unless only one (1) inquiry is considered; or (E) Multiple-lender inquiries if coded by the consumer reporting agency on the consumer's credit report as being from the automobile lending industry and made within thirty (30) days of one another unless only one (1) inquiry is considered.