Senator Maria Cantwell: Fighting Identity Theft

MY LEGISLATION

Recently, Congress passed the Fair Credit Reporting Reauthorization Act, which carries the exact language from my earlier bill that would spare victims' credit ratings from fraudulent transactions that are a result of identity theft. It has been sent to the President to be signed into law. My provision will ensure that people victimized by having their identity stolen are able to protect their credit rating from further damage by requiring credit reporting agencies to block information on fraudulent transactions resulting from identity theft. The provision will ensure that, with one phone call, consumers can have certainty that the bad information on their credit records will be blocked by credit reporting agencies and it will remain blocked while providing consumers a chance to demonstrate that the transaction is the result of fraud.

But I believe we must do even more. That's why I have introduced the Identity Theft Victims Assistance Act, co-sponsored by Republican Sen. Mike Enzi of Wyoming, to establish a nation-wide process for victims of identity theft to obtain evidence to reclaim their identity, to assist law enforcement to find the identity thieves, and to require consumer credit reporting agencies to block reporting of transactions resulting from ID Theft.

To read the text of my bill, or to monitor its progress, please click here , and search for "S. 1581." More information about my bill is below:

Empowers consumers to reclaim their identity:

• Framework: Provides a consistent national mechanism for a consumer to establish he or she is a victim of identity theft by producing a standardized notarized FTC affidavit (or other acceptable affidavit), a government identification, and a copy of a police report.
  
• Business Records: Requires that when a victim of identity theft presents these documents to a business that has records related to a fraud based on an identity theft (applications for credit, records of sales or other documents), the business must provide copies of these records to the victim within 20 days of the victim's request at no charge.
  
• Improved Investigation and Enforcement: For the first time, also allows the victim to designate local law enforcement as their agent in obtaining these records. This will improve the speed and effectiveness of investigation of identity theft crimes. Permits state Attorneys General to bring a suit for damages on behalf of state citizens for violations of the business record provisions.
  
• Protections for business: The legislation imposes no new record keeping obligations for records other than what the business already keeps. A business may not be held liable for any disclosure made in good faith to further a prosecution of identity theft, and the legislation specifies that victims do not have a private right of action against a business for failure to provide the records. Businesses may also decline to disclose records if they have a good faith belief that the request is based on a misrepresentation of fact.

Protects victims' credit histories:

• Blocks fraudulent transactions from being reported in credit checks: Requires consumer credit reporting agencies to block information that appears on a victim's credit report as a result of identity theft provided the victim did not knowingly obtain goods, services or money as a result of the blocked transaction.
  
• Preserves an identity theft victim's rights to claim damages: Amends the Fair Credit Reporting Act to provide that victims of identity theft have up to five years to bring a claim for damages, responding to the Supreme Court decision in TRW v. Andrews limiting that time to only two years.
  
• Increases law enforcement coordination: Expands the jurisdiction and membership of the Internet False Identification Prevention Coordinating Committee that is currently studying enforcement of identity theft laws in order to examine assistance to state and local law enforcement.

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