01.22.03

Cantwell: FTC report shows immediate need for ID theft legislation

WASHINGTON, DC - U.S. Senator Maria Cantwell (D-WA), a member of the Commerce Committee, made the following statement in response to the report issued today by the Federal Trade Commission (FTC) listing identity theft as the number one consumer complaint in 2003:

"Too often, victims of identity theft must become their own private investigators to clear their good name and the FTC's report shows the problem is only getting worse," Cantwell said. "My bill will make sure victims get the records they need to protect their identities and financial security." Cantwell authored the Identity Theft Victims Assistance Act, the only identity theft legislation that passed the Senate last year, and pledged to reintroduce the bipartisan bill again this year.

The Identity Theft Victims Assistance Act is a bipartisan bill that unanimously passed the Senate in 2002. Cantwell's legislation is the first consumer-oriented bill that gives identity theft victims the tools they need to help catch identity thieves and restore the victims' good names. Cantwell and co-sponsor Senator Mike Enzi (R-WY) pledged to reintroduce the bill again early in the 108th Congress.

Cantwell's bill is also supported by the National Center for the Victims of Crime, the Fraternal Order of Police, Consumers Union, Identity Theft Resource Center, Police Executive Forum, Privacy Rights Clearinghouse, and Amazon.com. The National Association of Attorneys General (NAAG) sent a letter supporting federal legislation to assist victims of identity theft signed by 22 attorneys general. Cantwell's bill follows NAAG's recommendations. The legislation is based on Washington state law drafted by Washington state Attorney General Christine Gregoire.

Summary of Cantwell's, the Identity Theft Victims Assistance Act

Establishes a nationwide process for victims of identity theft to obtain business records related to an identity theft, to facilitate the victim's correction of false records, such as credit reports and incorrect billing, and assist law enforcement in obtaining evidence to apprehend the identity thieves.

Extends for victims of identity theft, the statute of limitations for the Fair Credit Reporting Act will be four years, rather than the current two, addressing the Supreme Court's decision in TRW v. Andrews.

Requires consumer credit reporting agencies to block reporting of bad credit that arises from identity theft.

Expands the role of the federal Coordinating Committee on False Identification beyond the current mandate to review federal enforcement of identity theft law, to examine: state and local enforcement, and report to Congress on how the federal government can better help state and local identity theft law enforcement.