Federal law requires users of consumer reports to develop reasonable policies and procedures to apply when they receive a notice of address discrepancy from a consumer reporting agency. They also require that covered entities develop and implement an Identity Theft Prevention Program for combating identity theft in connection with new and existing accounts.
Indiana Sample Identity Theft Policy for FCRA and FACTA Compliance
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A person who, with intent to harm or defraud another person, knowingly or intentionally obtains, possesses, transfers, or uses identifying information to profess to be another person, commits identity deception, a Level 6 felony.
This ITPP addresses 1) identifying relevant identity theft Red Flags for our firm, 2) detecting those Red Flags, 3) responding appropriately to any that are detected to prevent and mitigate identity theft, and 4) updating our ITPP periodically to reflect changes in risks.
Penalties for Identity Theft in Indiana On its own, identity theft is a Class D felony that can lead to 1 year in prison and a fine as high as $10,000. If more than 100 victims are involved, or if the fraud reaches higher than $50,000, the crime becomes a Class C felony.
Code § 35-40-14-1. As used in this chapter, "identity theft" means: (1) identity deception (IC 35-43-5-3.5) ; or (2) synthetic identity deception (IC 35-43-5-3.8) (before its repeal).
Misdemeanor theft convictions can result in up to 1 year in jail and fines of up to $5,000, or no days in jail and no fine. Felony theft convictions can result in to 6 years in prison and fines of up to $10,000. The vast majority of cases do not result in the worst-case sentence.
Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person's personal data in some way that involves fraud or deception, typically for economic gain.
The Fair Credit Reporting Act (FCRA) spells out rights for victims of identity theft, as well as responsibilities for businesses. Identity theft victims are entitled to ask businesses for a copy of transaction records ? such as applications for credit ? relating to the theft of their identity.
You can file an identity theft complaint with the Indiana Attorney General's Office online or by filling out a printable form. You can also request a complaint form by calling (800) 382-5516 or (317) 232-6330.