Businesses Must Provide Victims and Law Enforcement with Transaction Records Relating to Identity Theft
May 2017
The Federal Trade Commission (“FTC”) released a Guide Businesses Must Provide Victims and Law Enforcement with Transaction Records Relating to Identity Theft, which outlines the responsibilities of businesses under the Fair Credit Reporting Act (“FCRA”) regarding identity theft victims and law enforcement. Victims of identity theft have the right to request transaction records related to the fraudulent use of their identity, such as credit applications, and can authorize law enforcement to obtain these records on their behalf. Businesses are required to provide these records within 30 days of a written request, free of charge, without needing a subpoena if authorized by the victim.
The law applies to any business that has engaged in transactions with individuals who have misused someone else's identification. Businesses must supply relevant documentation, including invoices and account statements, to help victims and law enforcement substantiate claims of identity theft. Requests for documents must be made in writing, and businesses can require proof of identity, a police report, and a completed affidavit from the victim.
However, businesses can refuse to provide records if they cannot verify the requester’s identity, if the request is based on misrepresentation, or if the information requested is internet navigational data. The guide clarifies that financial privacy laws under the Gramm-Leach-Bliley Act do not prevent the disclosure of these records. Lastly, there are no new recordkeeping requirements imposed by Section 609(e) of the FCRA.
For more information, see here: https://www.ftc.gov/tips-advice/business-center/guidance/businesses-must-provide-victims-law-enforcement-transaction
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