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The listing of laws on this page may not be
complete.
Thomas Legislative Information on
the Internet http://thomas.loc.gov/
Identity Theft and Assumption Deterrence
Act In October 1998, Congress passed
the Identity Theft and Assumption Deterrence Act of 1998
(Identity Theft Act) to address the problem of identity
theft. Specifically, the Act amended 18 U.S.C. § 1028 to
make it a federal crime when anyone:
knowingly transfers or uses,
without lawful authority, a means of identification of
another person with the intent to commit, or to aid or
abet, any unlawful activity that constitutes a
violation of Federal law, or that constitutes a felony
under any applicable State or local
law.
Violations of the Act are investigated
by federal investigative agencies such as the U.S.
Secret Service, the FBI, and the U.S. Postal Inspection
Service and prosecuted by the Department of
Justice.
Section 5 of this Act, Pub. L. No.
105-318, 112 Stat. 3007, makes the FTC a central
clearinghouse for identity theft complaints. The Act
requires the FTC to log and acknowledge such complaints,
provide victims with relevant information, and refer
their complaints to appropriate entities (e.g., the
major national consumer reporting agencies and other law
enforcement agencies).
Fair Credit Reporting Act http://www4.law.cornell.edu/uscode/15/1681.html The
Fair Credit Reporting Act establishes procedures for
correcting mistakes on your credit record and requires
that your record only be provided for legitimate
business needs.
Fair Credit Billing Act http://www4.law.cornell.edu/uscode/15/ch41schIpD.html The
Fair Credit Billing Act establishes procedures for
resolving billing errors on your credit card accounts.
It also limits a consumer's liability for fraudulent
credit card charges.
Fair Debt Collection Practices
Act http://www4.law.cornell.edu/uscode/15/1692.html The
Fair Debt Collection Practices Act prohibits debt
collectors from using unfair or deceptive practices to
collect overdue bills that your creditor has forwarded
for collection.
Electronic Fund Transfer
Act http://www4.law.cornell.edu/uscode/15/1693.html The
Electronic Fund Transfer Act provides consumer
protection for all transactions using a debit card or
electronic means to debit or credit an account. It also
limits a consumer's liability for unauthorized
electronic fund transfers.
| Privacy and Information
Security |
Driver’s Privacy Protection Act of
1994 http://www4.law.cornell.edu/uscode/18/2721.html This
law puts limits on disclosures of personal information
in records maintained by departments of motor
vehicles.
Family Educational Rights and
Privacy Act of 1974 http://www4.law.cornell.edu/uscode/20/1232g.html This
law puts limits on disclosure of educational records
maintained by agencies and institutions that receive
federal funding.
Gramm-Leach-Bliley Act (to be
codified in relevant part at 15 U.S.C. §§ 6801-6809)
Title V, subtitle A, of this Act, Pub.
L. No. 106-102, http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=106_cong_public_laws&docid=f:publ102.106 §§
501-510, 113 Stat. 1338, 1436-45 (Nov. 12, 1999)
requires the FTC, along with the Federal banking
agencies, the National Credit Union Administration, the
Treasury Department, and the Securities and Exchange
Commission, to issue regulations (to be codified at 16
CFR Part 313) ensuring that financial institutions
protect the privacy of consumers' personal financial
information. Such institutions must develop and give
notice of their privacy policies to their own customers
at least annually, and before disclosing any consumer's
personal financial information to a nonaffiliated third
party, must give notice and an opportunity for that
consumer to "opt out" from such disclosure.
Health Information Portability and
Accountability Act of 1996, Standards for Privacy of
Individually Identifiable Health Information, Final
Rule - 45 CFR parts 160 and 164 http://aspe.hhs.gov/admnsimp/bannerps.htm#privacy The
privacy rule regulates the security and confidentiality
of patient information. It took effect on April 14,
2001, with most covered entities (health plans, health
care clearinghouse and health care providers who conduct
certain financial and administrative transactions
electronically) having until April 2003 to comply.
California Office of Privacy
Protection – See for a variety of laws for
businesses and consumers including requirements for law
enforcement to take police reports and requirements for
credit reporting agencies to place security alerts and
freezes, and to block inaccurate information resulting
from an identity theft upon receipt of a police
report. http://www.privacyprotection.ca.gov/
National
Conference of State Legislatures http://www.ncsl.org/programs/lis/privacy/idt-01legis.htm
California See California Office of
Privacy Protection http://www.privacyprotection.ca.gov/
| Credit Information
Blocking |
Alabama
Alabama Code Sect. 13A-8-190 through 201
13A-8-190
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-8-190.htm 13A-8-191
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-8-191.htm 13A-8-192
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-8-192.htm 13A-8-193
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-8-193.htm 13A-8-194
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-8-194.htm 13A-8-195
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-8-195.htm 13A-8-196
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-8-196.htm 13A-8-197
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-8-197.htm 13A-8-198
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-8-198.htm 13A-8-199
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-8-199.htm 13A-8-200
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-8-200.htm 13A-8-201
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-8-201.htm
Section 11 requires the credit
reporting agencies (CRAs) to block false information
from consumer victims' credit reports within 30 days of
a consumer submitting a court order for the identity
thief’s conviction to the CRA.
California See California
Office of Privacy Protection http://www.privacyprotection.ca.gov/
Colorado
Colorado Revised Statutes 12-14.3-106.5
through 108 and CRS 16-18.5-103 12-14.3-106.5
http://198.187.128.12/colorado/lpext.dll/Infobase/16179/161db/17481/1752a?fn=document- 12-14.3-107
http://198.187.128.12/colorado/lpext.dll/Infobase/16179/161db/17481/1753e?fn=document- 12-14.3-108
http://198.187.128.12/colorado/lpext.dll/Infobase/16179/161db/17481/17545?fn=document- 16-18.5-103
http://198.187.128.12/colorado/lpext.dll/Infobase/22ff2/25010/2504c/25068?fn=document
Requires credit reporting agencies to
block inaccurate information resulting from an identity
theft upon receipt of a police report.
Idaho
Idaho Code Section 28-51-102 http://www3.state.id.us/cgi-bin/newidst?sctid=280510102.K Requires credit reporting
agencies to block inaccurate information resulting from
an identity theft upon receipt of a police report.
Washington
Rev. Code Wash. Section
19.182.160 http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=19.182.160 Requires credit reporting
agencies to block inaccurate information resulting from
an identity theft upon receipt of a police report.
Rhode Island
R.I. Gen. Laws Section
6-13-17 http://www.rilin.state.ri.us/Statutes/TITLE6/6-13/6-13-17.HTM This law states that
unless required by federal law, no person shall require
that a consumer of goods or services disclose a social
security number incident to the sale of consumer goods
or services; provided, however that: insurance
companies, health care, or pharmaceutical companies may
require the consumer to furnish a social security
number. Also, a consumer may be required to furnish his
or her SSN when applying for a credit card.
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