Phoenix Police Department'S Identity Theft Victim'S Packet Page 12
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13Fair 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
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