CHAPTER 26. IDENTITY THEFT

IC 24-5-26
    Chapter 26. Identity Theft

IC 24-5-26-1
"Identity theft"
    Sec. 1. As used in this chapter, "identity theft" means:
        (1) identity deception (IC 35-43-5-3.5);
        (2) synthetic identity deception (IC 35-43-5-3.8); or
        (3) a substantially similar crime committed in anotherjurisdiction.
As added by P.L.137-2009, SEC.8.

IC 24-5-26-2
Duties concerning a victim of identity theft
    Sec. 2. A person shall not do any of the following in the conductof trade or commerce:
        (1) Deny credit or public utility service to or reduce the creditlimit of a consumer solely because the consumer was a victimof identity theft, if the person had prior knowledge that theconsumer was a victim of identity deception or syntheticidentity deception. A consumer is presumed to be a victim ofidentity theft for purposes of this subdivision if the consumerprovides to the person:
            (A) a copy of a police report evidencing the claim of thevictim of identity theft; and
            (B) either:
                (i) a properly completed copy of a standardized affidavitof identity theft developed and made available by theFederal Trade Commission under 15 U.S.C. 1681g; or
                (ii) an affidavit of fact that is acceptable to the person forthat purpose.
        This subdivision does not prohibit denial of credit or publicutility service if a consumer has placed a security freeze on theconsumer's consumer report and does not wish to temporarilylift the freeze for purposes of the credit or public utility servicerequest or application.
        (2) Solicit to extend credit to a consumer who does not have anexisting line of credit, or has not had or applied for a line ofcredit within the preceding year, through the use of anunsolicited check that includes personal identifying informationother than the recipient's name, address, and a partial, encoded,or truncated personal identifying number. In addition to anyother penalty or remedy under this chapter or under IC 24-5-0.5,a credit card issuer, financial institution, or other lender thatviolates this subdivision, and not the consumer, is liable for theamount of the instrument if the instrument is used by anunauthorized user and for any fees assessed to the consumer ifthe instrument is dishonored.
        (3) Solicit to extend credit to a consumer who does not have acurrent credit card, or has not had or applied for a credit card

within the preceding year, through the use of an unsolicitedcredit card sent to the consumer. In addition to any otherpenalty or remedy under this chapter or under IC 24-5-0.5, acredit card issuer, financial institution, or other lender thatviolates this subdivision, and not the consumer, is liable for anycharges if the credit card is used by an unauthorized user andfor any interest or finance charges assessed to the consumer.
        (4) Extend credit to a consumer without exercising reasonableprocedures to verify the identity of that consumer. Compliancewith regulations issued for depository institutions, and to beissued for other financial institutions, by the United StatesDepartment of Treasury under Section 326 of the USAPATRIOT Act, 31 U.S.C. 5318, is considered compliance withthis subdivision. This subdivision does not apply to a purchaseof a credit obligation in an acquisition, a merger, a purchase ofassets, or an assumption of liabilities or any change to or reviewof an existing credit account.
As added by P.L.137-2009, SEC.8.

IC 24-5-26-3
Violation; remedies
    Sec. 3. A person who knowingly or intentionally violates thischapter commits a deceptive act that is actionable by the attorneygeneral under IC 24-5-0.5-4 and is subject to the penalties andremedies available to the attorney general under IC 24-5-0.5. Thissection does not affect the availability of any civil remedy for aviolation of this chapter, IC 24-5-0.5, or any other state or federallaw.
As added by P.L.137-2009, SEC.8.