**Request for Fraudulent Transaction/Account Information**

**Made pursuant to Section 609(e) of the Fair Credit Reporting Act**

**(15 U.S.C. § 1681(g))**

To:

Account Number:

Description of fraudulent transaction/account:

From: \[Name\]

\[Address\]

\[Telephone Number\]

As we discussed on the phone, I am a victim of identity theft. The thief
made a fraudulent transaction or opened a fraudulent account with your
company. Pursuant to federal law, I am requesting that you provide me,
at no charge, copies of application and business records in your control
relating to the fraudulent transaction. A copy of the relevant federal
law is enclosed.

Pursuant to the law, I am providing you with the following
documentation, so that you can verify my identity:

> \(A\) A copy of my driver's license or other government-issued
> identification card; and
>
> \(B\) A copy of the police report about the identity theft; and
>
> \(C\) A copy of the identity theft affidavit, on the form made
> available by the Federal Trade Commission.

Please provide all information relating to the fraudulent transaction,
including:

-   Application records or screen prints of Internet/phone applications

-   Statements

-   Payment/charge slips

-   Investigator's summary

-   Delivery addresses

-   All records of phone numbers used to activate the account or used to
    access the account

-   Any other documents associated with the account.

    Please send the information to me at the above address. In addition,
    I am designating a law enforcement officer to receive the
    information from you. This officer is investigating my case. The law
    enforcement officer's name, address and telephone number is:
    \[insert\]. Please also send all documents and information to this
    officer.

Enclosure: Section 609(e) of the Fair Credit Reporting Act (15 U.S.C. §
1681(g))

**ENCLOSURE:**

**FCRA 609(e) (15 U.S.C. Number range CHAPTER§ 1681g(e)) Disclosures to
Consumers --**

**Information Available to Victims**

\(e\) Information available to victims

> \(1\) In general

> For the purpose of documenting fraudulent transactions resulting from
> identity theft, not later than 30 days after the date of receipt of a
> request from a victim in accordance with paragraph (3), and subject to
> verification of the identity of the victim and the claim of identity
> theft in accordance with paragraph (2), a business entity that has
> provided credit to, provided for consideration products, goods, or
> services to, accepted payment from, or otherwise entered into a
> commercial transaction for consideration with, a person who has
> allegedly made unauthorized use of the means of identification of the
> victim, shall provide a copy of application and business transaction
> records in the control of the business entity, whether maintained by
> the business entity or by another person on behalf of the business
> entity, evidencing any transaction alleged to be a result of identity
> theft to\--
>
> **(A)** the victim;
>
> **(B)** any Federal, State, or local government law enforcement agency
> or officer specified by the victim in such a request; or
>
> **(C)** any law enforcement agency investigating the identity theft
> and authorized by the victim to take receipt of records provided under
> this subsection.
>
> \(2\) Verification of identity and claim

> Before a business entity provides any information under paragraph (1),
> unless the business entity, at its discretion, otherwise has a high
> degree of confidence that it knows the identity of the victim making a
> request under paragraph (1), the victim shall provide to the business
> entity\--
>
> **(A)** as proof of positive identification of the victim, at the
> election of the business entity\--
>
> **(i)** the presentation of a government-issued identification card;
>
> **(ii)** personally identifying information of the same type as was
> provided to the business entity by the unauthorized person; or
>
> **(iii)** personally identifying information that the business entity
> typically requests from new applicants or for new transactions, at the
> time of the victim\'s request for information, including any
> documentation described in clauses (i) and (ii); and
>
> **(B)** as proof of a claim of identity theft, at the election of the
> business entity\--
>
> **(i)** a copy of a police report evidencing the claim of the victim
> of identity theft; and
>
> **(ii)** a properly completed\--
>
> **(I)** copy of a standardized affidavit of identity theft developed
> and made available by the Commission; or
>
> **(II)** an [[\[FN1\]]{.underline}](#Document2zzFN_F1) affidavit of
> fact that is acceptable to the business entity for that purpose.
>
> \(3\) Procedures
>
> The request of a victim under paragraph (1) shall\--
>
> **(A)** be in writing;
>
> **(B)** be mailed to an address specified by the business entity, if
> any; and
>
> **(C)** if asked by the business entity, include relevant information
> about any transaction alleged to be a result of identity theft to
> facilitate compliance with this section including\--
>
> **(i)** if known by the victim (or if readily obtainable by the
> victim), the date of the application or transaction; and
>
> **(ii)** if known by the victim (or if readily obtainable by the
> victim), any other identifying information such as an account or
> transaction number.
>
> \(4\) No charge to victim
>
> Information required to be provided under paragraph (1) shall be so
> provided without charge.
>
> \(5\) Authority to decline to provide information
>
> A business entity may decline to provide information under paragraph
> (1) if, in the exercise of good faith, the business entity determines
> that\--
>
> **(A)** this subsection does not require disclosure of the
> information;
>
> **(B)** after reviewing the information provided pursuant to paragraph
> (2), the business entity does not have a high degree of confidence in
> knowing the true identity of the individual requesting the
> information;
>
> **(C)** the request for the information is based on a
> misrepresentation of fact by the individual requesting the information
> relevant to the request for information; or
>
> **(D)** the information requested is Internet navigational data or
> similar information about a person\'s visit to a website or online
> service.
>
> \(6\) Limitation on liability
>
> Except as provided in [[section
> 1681s]{.underline}](http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=1000546&DocName=15USCAS1681S&FindType=L)
> of this title, [[sections
> 1681n]{.underline}](http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=1000546&DocName=15USCAS1681N&FindType=L)
> and
> [[1681o]{.underline}](http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=1000546&DocName=15USCAS1681O&FindType=L)
> of this title do not apply to any violation of this subsection.
>
> \(7\) Limitation on civil liability
>
> No business entity may be held civilly liable under any provision of
> Federal, State, or other law for disclosure, made in good faith
> pursuant to this subsection.
>
> \(8\) No new recordkeeping obligation
>
> Nothing in this subsection creates an obligation on the part of a
> business entity to obtain, retain, or maintain information or records
> that are not otherwise required to be obtained, retained, or
> maintained in the ordinary course of its business or under other
> applicable law.
>
> \(9\) Rule of construction
>
> \(A\) In general
>
> No provision of subtitle A of title V of Public Law 106-102,
> prohibiting the disclosure of financial information by a business
> entity to third parties shall be used to deny disclosure of
> information to the victim under this subsection.
>
> \(B\) Limitation
>
> Except as provided in subparagraph (A), nothing in this subsection
> permits a business entity to disclose information, including
> information to law enforcement under subparagraphs (B) and (C) of
> paragraph (1), that the business entity is otherwise prohibited from
> disclosing under any other applicable provision of Federal or State
> law.
>
> \(10\) Affirmative defense
>
> In any civil action brought to enforce this subsection, it is an
> affirmative defense (which the defendant must establish by a
> preponderance of the evidence) for a business entity to file an
> affidavit or answer stating that\--
>
> **(A)** the business entity has made a reasonably diligent search of
> its available business records; and
>
> **(B)** the records requested under this subsection do not exist or
> are not reasonably available.
>
> \(11\) Definition of victim
>
> For purposes of this subsection, the term \"victim\" means a consumer
> whose means of identification or financial information has been used
> or transferred (or has been alleged to have been used or transferred)
> without the authority of that consumer, with the intent to commit, or
> to aid or abet, an identity theft or a similar crime.
>
> \(12\) Effective date
>
> This subsection shall become effective 180 days after December 4,
> 2003.
>
> \(13\) Effectiveness study
>
> Not later than 18 months after December 4, 2003, the Comptroller
> General of the United States shall submit a report to Congress
> assessing the effectiveness of this provision.