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 another
jurisdiction. 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 conduct
of trade or commerce:
(1) Deny credit or public utility service to or reduce the credit
limit of a consumer solely because the consumer was a victim
of identity theft, if the person had prior knowledge that the
consumer was a victim of identity deception or synthetic
identity deception. A consumer is presumed to be a victim of
identity theft for purposes of this subdivision if the consumer
provides to the person:
(A) a copy of a police report evidencing the claim of the
victim of identity theft; and
(B) either:
(i) a properly completed copy of a standardized affidavit
of identity theft developed and made available by the
Federal Trade Commission under 15 U.S.C. 1681g; or
(ii) an affidavit of fact that is acceptable to the person for
that purpose.
This subdivision does not prohibit denial of credit or public
utility service if a consumer has placed a security freeze on the
consumer's consumer report and does not wish to temporarily
lift the freeze for purposes of the credit or public utility service
request or application.
(2) Solicit to extend credit to a consumer who does not have an
existing line of credit, or has not had or applied for a line of
credit within the preceding year, through the use of an
unsolicited check that includes personal identifying information
other than the recipient's name, address, and a partial, encoded,
or truncated personal identifying number. In addition to any
other penalty or remedy under this chapter or under IC 24-5-0.5,
a credit card issuer, financial institution, or other lender that
violates this subdivision, and not the consumer, is liable for the
amount of the instrument if the instrument is used by an
unauthorized user and for any fees assessed to the consumer if
the instrument is dishonored.
(3) Solicit to extend credit to a consumer who does not have a
current credit card, or has not had or applied for a credit card
within the preceding year, through the use of an unsolicited
credit card sent to the consumer. In addition to any other
penalty or remedy under this chapter or under IC 24-5-0.5, a
credit card issuer, financial institution, or other lender that
violates this subdivision, and not the consumer, is liable for any
charges if the credit card is used by an unauthorized user and
for any interest or finance charges assessed to the consumer.
(4) Extend credit to a consumer without exercising reasonable
procedures to verify the identity of that consumer. Compliance
with regulations issued for depository institutions, and to be
issued for other financial institutions, by the United States
Department of Treasury under Section 326 of the USA
PATRIOT Act, 31 U.S.C. 5318, is considered compliance with
this subdivision. This subdivision does not apply to a purchase
of a credit obligation in an acquisition, a merger, a purchase of
assets, or an assumption of liabilities or any change to or review
of 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 this
chapter commits a deceptive act that is actionable by the attorney
general under IC 24-5-0.5-4 and is subject to the penalties and
remedies available to the attorney general under IC 24-5-0.5. This
section does not affect the availability of any civil remedy for a
violation of this chapter, IC 24-5-0.5, or any other state or federal
law. As added by P.L.137-2009, SEC.8.
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 another
jurisdiction. 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 conduct
of trade or commerce:
(1) Deny credit or public utility service to or reduce the credit
limit of a consumer solely because the consumer was a victim
of identity theft, if the person had prior knowledge that the
consumer was a victim of identity deception or synthetic
identity deception. A consumer is presumed to be a victim of
identity theft for purposes of this subdivision if the consumer
provides to the person:
(A) a copy of a police report evidencing the claim of the
victim of identity theft; and
(B) either:
(i) a properly completed copy of a standardized affidavit
of identity theft developed and made available by the
Federal Trade Commission under 15 U.S.C. 1681g; or
(ii) an affidavit of fact that is acceptable to the person for
that purpose.
This subdivision does not prohibit denial of credit or public
utility service if a consumer has placed a security freeze on the
consumer's consumer report and does not wish to temporarily
lift the freeze for purposes of the credit or public utility service
request or application.
(2) Solicit to extend credit to a consumer who does not have an
existing line of credit, or has not had or applied for a line of
credit within the preceding year, through the use of an
unsolicited check that includes personal identifying information
other than the recipient's name, address, and a partial, encoded,
or truncated personal identifying number. In addition to any
other penalty or remedy under this chapter or under IC 24-5-0.5,
a credit card issuer, financial institution, or other lender that
violates this subdivision, and not the consumer, is liable for the
amount of the instrument if the instrument is used by an
unauthorized user and for any fees assessed to the consumer if
the instrument is dishonored.
(3) Solicit to extend credit to a consumer who does not have a
current credit card, or has not had or applied for a credit card
within the preceding year, through the use of an unsolicited
credit card sent to the consumer. In addition to any other
penalty or remedy under this chapter or under IC 24-5-0.5, a
credit card issuer, financial institution, or other lender that
violates this subdivision, and not the consumer, is liable for any
charges if the credit card is used by an unauthorized user and
for any interest or finance charges assessed to the consumer.
(4) Extend credit to a consumer without exercising reasonable
procedures to verify the identity of that consumer. Compliance
with regulations issued for depository institutions, and to be
issued for other financial institutions, by the United States
Department of Treasury under Section 326 of the USA
PATRIOT Act, 31 U.S.C. 5318, is considered compliance with
this subdivision. This subdivision does not apply to a purchase
of a credit obligation in an acquisition, a merger, a purchase of
assets, or an assumption of liabilities or any change to or review
of 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 this
chapter commits a deceptive act that is actionable by the attorney
general under IC 24-5-0.5-4 and is subject to the penalties and
remedies available to the attorney general under IC 24-5-0.5. This
section does not affect the availability of any civil remedy for a
violation of this chapter, IC 24-5-0.5, or any other state or federal
law. As added by P.L.137-2009, SEC.8.
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 another
jurisdiction. 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 conduct
of trade or commerce:
(1) Deny credit or public utility service to or reduce the credit
limit of a consumer solely because the consumer was a victim
of identity theft, if the person had prior knowledge that the
consumer was a victim of identity deception or synthetic
identity deception. A consumer is presumed to be a victim of
identity theft for purposes of this subdivision if the consumer
provides to the person:
(A) a copy of a police report evidencing the claim of the
victim of identity theft; and
(B) either:
(i) a properly completed copy of a standardized affidavit
of identity theft developed and made available by the
Federal Trade Commission under 15 U.S.C. 1681g; or
(ii) an affidavit of fact that is acceptable to the person for
that purpose.
This subdivision does not prohibit denial of credit or public
utility service if a consumer has placed a security freeze on the
consumer's consumer report and does not wish to temporarily
lift the freeze for purposes of the credit or public utility service
request or application.
(2) Solicit to extend credit to a consumer who does not have an
existing line of credit, or has not had or applied for a line of
credit within the preceding year, through the use of an
unsolicited check that includes personal identifying information
other than the recipient's name, address, and a partial, encoded,
or truncated personal identifying number. In addition to any
other penalty or remedy under this chapter or under IC 24-5-0.5,
a credit card issuer, financial institution, or other lender that
violates this subdivision, and not the consumer, is liable for the
amount of the instrument if the instrument is used by an
unauthorized user and for any fees assessed to the consumer if
the instrument is dishonored.
(3) Solicit to extend credit to a consumer who does not have a
current credit card, or has not had or applied for a credit card
within the preceding year, through the use of an unsolicited
credit card sent to the consumer. In addition to any other
penalty or remedy under this chapter or under IC 24-5-0.5, a
credit card issuer, financial institution, or other lender that
violates this subdivision, and not the consumer, is liable for any
charges if the credit card is used by an unauthorized user and
for any interest or finance charges assessed to the consumer.
(4) Extend credit to a consumer without exercising reasonable
procedures to verify the identity of that consumer. Compliance
with regulations issued for depository institutions, and to be
issued for other financial institutions, by the United States
Department of Treasury under Section 326 of the USA
PATRIOT Act, 31 U.S.C. 5318, is considered compliance with
this subdivision. This subdivision does not apply to a purchase
of a credit obligation in an acquisition, a merger, a purchase of
assets, or an assumption of liabilities or any change to or review
of 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 this
chapter commits a deceptive act that is actionable by the attorney
general under IC 24-5-0.5-4 and is subject to the penalties and
remedies available to the attorney general under IC 24-5-0.5. This
section does not affect the availability of any civil remedy for a
violation of this chapter, IC 24-5-0.5, or any other state or federal
law. As added by P.L.137-2009, SEC.8.
