16 C.F.R. PART 603—DEFINITIONS
Title 16 - Commercial Practices
Authority: Pub. L. 108–159, sec. 111; 15 U.S.C. 1681a.
Any term used in any part in this subchapter, if defined in the Fair Credit Reporting Act (FCRA) and not otherwise defined in that rule, has the same meaning provided by the FCRA. [69 FR 29063, May 20, 2004] Editorial Note: At 69 FR 63933, November 3, 2004, part 603 was added to title 16. However, part 603 already existed, therefore this amendement could not be incorporated. For the convenience of the user, the added text is set forth as follows: Authority: Pub. L. 108–159, sec 111; 15 U.S.C. 1681a. (a) The term “identity theft” means a fraud committed or attempted using the identifying information of another person without authority. (b) The term “identifying information” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any— (1) Name, social security number, date of birth, official State or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number; (2) Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; (3) Unique electronic identification number, address, or routing code; or (4) Telecommunication identifying information or access device (as defined in 18 U.S.C. 1029(e)). (a) The term “identity theft report” means a report— (1) That alleges identity theft with as much specificity as the consumer can provide; (2) That is a copy of an official, valid report filed by the consumer with a Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information, if, in fact, the information in the report is false; and (3) That may include additional information or documentation that an information furnisher or consumer reporting agency reasonably requests for the purpose of determining the validity of the alleged identity theft, provided that the information furnisher or consumer reporting agency: (i) Makes such request not later than fifteen days after the date of receipt of the copy of the report form identified in paragraph (a)(2) of this section or the request by the consumer for the particular service, whichever shall be the later; (ii) Makes any supplemental requests for information or documentation and final determination on the acceptance of the identity theft report within another fifteen days after its initial request for information or documentation; and (iii) Shall have five days to make a final determination on the acceptance of the identity theft report, in the event that the consumer reporting agency or information furnisher receives any such additional information or documentation on the eleventh day or later within the fifteen day period set forth in paragraph (a)(3)(ii) of this section. (b) Examples of the specificity referenced in paragraph (a)(1) of this section are provided for illustrative purposes only, as follows: (1) Specific dates relating to the identity theft such as when the loss or theft of personal information occurred or when the fraud(s) using the personal information occurred, and how the consumer discovered or otherwise learned of the theft. (2) Identification information or any other information about the perpetrator, if known. (3) Name(s) of information furnisher(s), account numbers, or other relevant account information related to the identity theft. (4) Any other information known to the consumer about the identity theft. (c) Examples of when it would or would not be reasonable to request additional information or documentation referenced in paragraph (a)(3) of this section are provided for illustrative purposes only, as follows: (1) A law enforcement report containing detailed information about the identity theft and the signature, badge number or other identification information of the individual law enforcement official taking the report should be sufficient on its face to support a victim's request. In this case, without an identifiable concern, such as an indication that the report was fraudulent, it would not be reasonable for an information furnisher or consumer reporting agency to request additional information or documentation. (2) A consumer might provide a law enforcement report similar to the report in paragraph (c)(1) of this section but certain important information such as the consumer's date of birth or Social Security number may be missing because the consumer chose not to provide it. The information furnisher or consumer reporting agency could accept this report, but it would be reasonable to require that the consumer provide the missing information. (3) A consumer might provide a law enforcement report generated by an automated system with a simple allegation that an identity theft occurred to support a request for a tradeline block or cessation of information furnishing. In such a case, it would be reasonable for an information furnisher or consumer reporting agency to ask that the consumer fill out and have notarized the Commission's ID Theft Affidavit or a similar form and provide some form of identification documentation. (4) A consumer might provide a law enforcement report generated by an automated system with a simple allegation that an identity theft occurred to support a request for an extended fraud alert. In this case, it would not be reasonable for a consumer reporting agency to require additional documentation or information, such as a notarized affidavit.
Title 16: Commercial Practices
PART 603—DEFINITIONS
Section Contents
§ 603.1 Terms defined in the Fair Credit Reporting Act.
§ 603.1 Terms defined in the Fair Credit Reporting Act.
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PART 603—DEFINITIONS
§ 603.1 [Reserved]
§ 603.2 Identity theft.
§ 603.3 Identity theft report.
