Information for Businesses

Victims report that it is extremely difficult to get information related to financial transactions. This provision was added to help victims track down the source of inaccurate entries on their credit report.

If a business has information relating to violations of the Identity Theft Act and may have done business with the thief, the business must provide, upon the request of the victim, copies of all relevant information.

Before providing the requested information, businesses may require the victim to verify his or her identity. Businesses may require proof of identity and charge reasonable fees for providing the information. Businesses may require:

1. A government issued photo identification card;
2. A copy of a police report; and
3. A written statement from the state patrol documenting that the victim's identity has been verified.

Criminal Liability

A business that shares information with others for the purpose of aiding identity theft victims or assisting law enforcement will not be subject to civil or criminal liability if done in good faith.

A business may decline to provide the information when, in good faith and reasonable judgment, it determines that the law does not require the disclosure of the information.

A business that fails to disclose information may be in violation of the Consumer Protection Act. A consumer harmed by such a violation may be awarded actual damages, or, in the case of willful violations, punitive damages of up to $1,000, costs and reasonable attorney's fees.

Victim Identification Procedure

In order to verify identity, an identity theft victim may have fingerprints taken by any law enforcement agency that will then forward to the Washington State Patrol. Once the fingerprints are filed, the State Patrol must provide the victim with a written statement verifying the alleged identity theft and inform the businesses of their obligation to share relevant information with the victim.

Limitations Imposed On Collection Agencies

A collection agency may not call a debtor more than one time in 180 days in order to collect on debts associated with an identity theft, as long as the victim forwards information regarding the alleged theft to the collection agency.

The victim must provide:

1. A written statement describing the nature of the fraud or theft and identifying the documents and/or accounts involved;
2. A certified copy of the relevant police report;
3. Detailed information specifically identifying the relevant financial institutions, account numbers , check numbers, etc
4. A legible copy of a government issued photo identification card issued before the date of the alleged identity theft; and
5. A statement that the subject debt is being disputed as the result of identity theft. Collection agencies are only prohibited from calling consumers about transactions which have been identified as fraudulent.

Under certain limited circumstances a collection agency may be free of liability for repeated oral contacts with a debtor, contacts that would otherwise violate the statute. A collection agency does not violate the statute if it acts in good faith and the contacts fall under any one of several specified exceptions.

Limitations Imposed On Reporting Agencies

Within thirty days of receiving proof of a consumer's identification and a copy of a filed police report verifying the consumers claim that he or she is the victim of identity theft, a credit reporting agency must permanently block information from a credit report that may be the result of identity theft.

The consumer reporting agency must tell the entities furnishing information subject to the report that the information has been blocked. Under certain circumstances, such as errors or consumer misrepresentation, the consumer reporting company or the entity providing the information may rescind the block.

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