Identity Theft Affidavit Form - Wichita Police Department Page 11
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14Fair and Accurate Credit Transactions
Act of 2003
Public Law 108-159 December 4, 2003
SEC. 151. SUMMARY OF RIGHTS OF IDENTITY THEFT VICTIMS
(a) IN GENERAL
(1) SUMMARY – Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is
amended by adding at the end the following:
(d) SUMMARY OF RIGHTS OF IDENTITY THEFT VICTIMS
(1) IN GENERAL – The Commission, in consultation with the Federal banking
agencies and the National Credit Union Administration, shall prepare a model
summary of the rights of consumers under this title with respect to the procedures
for remedying the effects of fraud or identity theft involving credit, an electronic fund
transfer, or an account or transaction at or with a financial institution or other
creditor.
(2) SUMMARY OF RIGHTS AND CONTACT INFORMATION
Beginning 60 days after the date on which the model summary of rights is prescribed
in final form by the Commission pursuant to paragraph (1), if any consumer contacts
a consumer reporting agency and expresses a belief that the consumer is a victim of
fraud or identity theft involving credit, an electronic fund transfer, or an account or
transaction at or with a financial institution or other creditor, the consumer reporting
agency shall, in addition to any other action that the agency may take, provide the
consumer with a summary of rights that contains all of the information required by
the Commission under paragraph (1), and information on how to contact the
commission to obtain more detailed information.
(e) INFORMATION AVAILABLE TO VICTIMS
(1) IN GENERAL – For the purpose of documenting fraudulent transactions resulting
from identity theft, not later than 30 days after the date of receipt of a request from a
victim in accordance with paragraph (3), and subject to verification of the identity of
the victim and the claim of identity theft in accordance with paragraph (2), a business
entity that has provided credit to, provided for consideration products, goods, or
services to, accepted payment from, or otherwise entered into a commercial
transaction for consideration with, a person who has allegedly made unauthorized
use of the means of identification of the victim, shall provide a copy of application
and business transaction records in the control of the business entity, whether
maintained by the business entity or by another person on behalf of the business
entity, evidencing any transaction alleged to be a result of identity theft to:
(A) the victim;
(B) any Federal, State, or local government law enforcement agency or
officer specified by the victim in such a request; or
(C) any law enforcement agency investigating the identity theft and
authorized by the victim to take receipt of records provided under this
subsection.
(2) VERIFICATION OF IDENTITY AND CLAIM – Before a business entity provides
any information under paragraph (1), unless the business entity, at its discretion,
otherwise has a high degree of confidence that it knows the identity of the victim
making a request under paragraph (1), the victim shall provide to the business entity:
(A) as proof of positive identification of the victim, at the election of the
business entity:
(i) the presentation of a government issued identification card;
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