Notice of Federal Trade Commission Publication Incorporating Model Forms and Procedures for Identity Theft Victims, 21792-21793 [05-8376]

Agencies

• FEDERAL TRADE COMMISSION

[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Notices]
[Pages 21792-21793]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8376]


=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

RIN 3084-AA94


Notice of Federal Trade Commission Publication Incorporating 
Model Forms and Procedures for Identity Theft Victims

AGENCY: Federal Trade Commission (Commission).

ACTION: Notice of Federal Trade Commission publication incorporating 
model forms and procedures for identity theft victims.

-----------------------------------------------------------------------

SUMMARY: The Fair and Accurate Credit Transactions Act of 2003 (FACT 
Act or the Act), amending the Fair Credit Reporting Act (FCRA), 
requires the Commission, in consultation with the Federal banking 
agencies and the National Credit Union Administration, to develop a 
model form and procedures to be used by identity theft victims for 
contacting and informing creditors and consumer reporting agencies of 
the fraud. In this document, the Commission issues a notice of its 
publication of guidance containing such model forms and procedures.

DATES: Effective Date: This notice is effective on May 2, 2005.

ADDRESSES: Requests for copies of this notice should be sent to the 
Commission's Public Reference Branch, Room 130, Federal Trade 
Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580. This 
notice is also available at the Commission's Web site, www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: Betsy Broder, Assistant Director, 
(202) 326-3228, and Naomi B. Lefkovitz, Attorney, (202) 326-3228, 
Division of Planning and Information, Bureau of Consumer Protection, 
Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 
20580.

SUPPLEMENTARY INFORMATION: The FACT Act was signed into law on December 
4, 2003. Public Law 108-159, 117 Stat. 1952. Portions of the Act amend 
the FCRA to enhance consumers' ability to resolve problems caused by 
identity theft. Section 153 of the Act (section 621(f)(2) of the FCRA), 
requires the Commission, in consultation with the Federal banking 
agencies and the National Credit Union Administration, to develop a 
model form and procedures to be used by identity theft victims for 
contacting and informing creditors and consumer reporting agencies of 
the fraud.
    Identity theft can occur in various forms, including the 
unauthorized use of existing accounts or the opening of new accounts. 
The steps that victims need to take to resolve their problems may vary 
depending on the type of identity theft. The Commission has published 
guidance for victims, which describes the different types of identity 
theft problems that victims can confront and the best means of 
recovery. This guidance includes the ID Theft Affidavit and sample 
letters as well as a description of the circumstances under which 
victims would use a particular form to contact creditors or consumer 
reporting agencies.\1\
---------------------------------------------------------------------------

    \1\ The guidance does not substantially modify any existing 
``collections of information'' as this term is defined under the 
Paperwork Reduction Act, 44 U.S.C. 3506. The FTC has already 
obtained approval from the Office of Management and Budget (``OMB'') 
for certain disclosures described in the FTC's guidance materials. 
The filing of identity theft complaints with the FTC is included in 
the FTC's clearance for administrative activities (OMB Control 
Number 3084-0047). In addition, the FTC obtained OMB clearance for 
the disclosure obligations resulting from its rulemaking on identity 
theft definitions (OMB Control Number 3084-0129). See 69 FR 63,922, 
63,933 (Nov. 3, 2004).
---------------------------------------------------------------------------

    For example, an identity theft victim can use the ID Theft 
Affidavit to dispute with a creditor an account opened fraudulently in 
the victim's name. Many creditors have agreed voluntarily to accept 
this standard-form affidavit to resolve such disputes. The guidance 
also provides sample letters that an identity theft victim can use when 
disputing with a creditor fraudulent charges to an existing account. 
Finally, the guidance offers victims sample letters that they can use, 
in combination with an ``Identity Theft Report,'' \2\ when contacting a 
consumer reporting agency to block fraudulent accounts from their 
credit reports.
---------------------------------------------------------------------------

    \2\ To obtain an ``Identity Theft Report,'' the guidance advises 
consumers to file a report with a local, state, or federal law 
enforcement agency, such as the local police, the State Attorney 
General, the U.S. Secret Service, the FTC, or the U.S. Postal 
Inspection Service. The ``Identity Theft Report'' is comprised of 
this law enforcement report, in combination with specific 
information about the circumstances of the consumer's identity theft 
and any additional information or documentation that a creditor or 
consumer reporting agency reasonably requests for the purpose of 
determining the validity of the consumer's claim. See 16 CFR 603.3.
---------------------------------------------------------------------------

    This guidance, Take Charge: Fighting Back Against Identity Theft, 
is available at www.consumer.gov/idtheft or by writing to: FTC, 
Consumer Response Center, Room 130-B, 600 Pennsylvania Avenue, NW., 
Washington, DC 20580.
    For several years, the Take Charge booklet (previously entitled ID 
Theft: When Bad Things Happen to Your Good Name) has been a 
straightforward and enormously successful communication tool that has 
been well-received by victims and other consumers, government agencies, 
industry, consumer groups, and law enforcement.

[[Page 21793]]

The FTC staff regularly revises the booklet with the most up-to-date 
information on identity theft recovery, based on contacts with each of 
those groups. It recently has been updated to include the new FACT Act 
rights. Identity theft takes many forms, and victims have several 
avenues to recovery. The Take Charge booklet offers consumers and 
business meaningful guidance and useful tools for resolving the many 
different issues facing identity theft victims, yet it remains flexible 
enough to respond to the always changing circumstances of this crime. 
The Commission believes that publication of the revised booklet 
represents the best method of complying with the Act's model form and 
procedures requirement.
    As set forth under section 153 of the FACT Act (section 621(f)(2) 
of the FCRA), the Commission has consulted with the Federal banking 
agencies and the National Credit Union Administration. Such 
consultation and this notice of the Commission's publication containing 
model forms and procedures for identity theft victims fulfills the 
Commission's statutory obligation.

    By direction of the Commission.
Donald S. Clark,
 Secretary.
[FR Doc. 05-8376 Filed 4-26-05; 8:45 am]
BILLING CODE 6750-01-P