Identity Theft Victims Assistance Act of 2003

Bill: 108-s-1581
Sponsor: Sen. Cantwell, Maria [D-WA]
Introduced: 2003-09-03 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Administrative procedure
Bank records
Business records
Civil actions and liability
Commerce
Compensation for victims of crime
Congress
Congressional reporting requirements
Consumer credit
Consumer education
Counterfeiting
Criminal investigation
Criminal justice information
Damages
Department of the Treasury
Energy
Evidence (Law)
Executive reorganization
Federal Trade Commission
Federal officials
Federal-local relations
Federal-state relations
Finance and Financial Sector
Fraud
Government Operations and Politics
Government paperwork
Identification devices
Independent regulatory commissions
Injunctions
Internet
Larceny
Law
Legislation
Liability (Law)
Limitation of actions
Parties to actions
Prosecution
Public utilities
Punitive damages
Restrictive trade practices
Science, Technology, Communications
Social Welfare
Social security numbers
State laws
Telecommunication industry
United States Postal Service
Victims of crimes

Summary:
action_date: 2003-09-03
text: 
Identity Theft Victims Assistance Act of 2003 - Amends the Federal criminal code to require a business entity that has entered into a commercial transaction for consideration with a person who has made unauthorized use of the means of identification of a victim, or that possesses information relating to such transaction, to provide (upon the victim's written request) a free copy of all application and business information related to the alleged identity theft transaction to: (1) the victim; (2) any Federal, State, or local governing law enforcement agency or officer specified by the victim; or (3) any law enforcement agency investigating the identity theft and authorized by the victim to receive records. Requires the victim to provide to a business entity that is otherwise unable to to verify the victim's identity specified proof of the victim's identity (such as the presentation of a government-issued identification card) and claim of identity theft (such as a copy of a police report or a properly completed copy of a standardized affidavit developed by the Federal Trade Commission (FTC)). Requires the business entity to verify the identity of the victim requesting such records. Immunizes the business entity for such good faith disclosures.
 
Authorizes the U.S. Attorney General and State attorneys general to bring civil actions to enforce this Act. Deems a violation of this Act to be an unfair or deceptive act or practice subject to enforcement by the FTC (with specified exceptions).
 
Amends the Fair Credit Reporting Act to require a consumer reporting agency to: (1) block the reporting of information identified by the consumer in his or her file resulting from identity theft; and (2) notify the consumer if the block is declined or rescinded (with an exception). Prescribes penalties for falsely claiming to be a victim of identity theft. 
 
Provides for a four-year statute of limitations for actions against credit reporting agencies to enforce liabilities from misrepresentations with respect to identity theft victims.
 
Amends the Internet False Identification Prevention Act of 2000 to include the FTC Chairman, Postmaster General, and U.S. Customs Service Commissioner on the Coordinating Committee on False Identification and to modify reporting requirements.


Legislative actions:
action_date: 2003-09-03
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S11036-11038)
action_date: 2003-09-03
text: Sponsor introductory remarks on measure. (CR S11034-11036)
action_date: 2003-09-03
text: Sponsor introductory remarks on measure.
action_date: 2003-09-03
text: Introduced in Senate