Under the 2003 amendments to the Fair Credit Reporting Act, a victim of identity theft is entitled to receive from a business a free copy of his application or other transaction records relating to the identity theft. A business may select a specific address to which requests from identity theft victims must be mailed. The business must provide the records to the victim within 30 days of receipt of the victim's request. If the victim authorizes the business to furnish the records to a law enforcement agency, the business must furnish the records to that agency. The Act does not require a business to change its current information or record retention procedure.

Requesting Additional Information from a Victim

If a business does not have a high degree of confidence that it knows the victim, before providing the records, the business may ask the victim for:

(1) proof of identity, such as a government issued ID, the same type of information used by the identity thief to open or access the account, or the type of information currently requested from applicants or customers by the business; and

(2) a police report and a completed affidavit, which may be the business's own affidavit or the Federal Trade Commission's Identity Theft Affidavit.

Denying Requests

A business may refuse to provide the records if:

(1) the business determines, in good faith, that the Act does not require disclosure;

(2) the business cannot verify the true identity of the victim with a high degree of confidence after reviewing the proof of identity provided by the alleged victim;

(3) the alleged victim has made a misrepresentation of fact relevant to the request;

(4) the information requested is Internet navigational data or similar information about a person's visit to a website or online service; or

(5) the requested disclosure is otherwise prohibited by state or federal law, but a business may not refuse to disclose records based on Subtitle A of title V of Public Law 106-102.

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