New Exceptions to Release of Utility Customer Information

Back in July of, 2013, Governor Walker signed 2013 Act 25, creating a new exception to the public records law.  Act 25 prohibits the release of customer information (which is specifically defined in the law) by a municipal utility unless the customer consents to the release of the information, or if another exception applies.

As is sometimes the case, there were unintended consequences which created some unwelcome roadblocks to real estate transactions, among others.  Governor Walker recently signed a new law, Act 47, which creates four additional exceptions to the prohibition on releasing customer information.  A municipal utility may now release information in the following situations:

  1. To a title agent, insurer, lender, mortgage broker, or attorney in connection with the preparation of real estate closing documents.
  2. To a lender or prospective purchaser in connection with the foreclosure of real property.
  3. To an owner of real property provided with municipal utility service or the owner’s designated agent.
  4. To comply with security disclosure obligations.

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