The Texas Identity Theft Enforcement & Protection Act
Identity theft is a felony covered in Texas by penal code 32.51. Identity theft is committed when someone takes a person's identifying information with intent to harm that person. Identifying information is anything with a person's name, Social Security number, date of birth, any government ID numbers, address or bank information. Texas unanimously passed the Texas Identity Theft Enforcement and Protection Act in 2005 to further protect consumers from identity theft.
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Background
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SB 122, known as the Identity Theft Enforcement and Protection Act, was one of a number of consumer protection laws passed by Texas in 2005 to protect people from identity theft. The act officially went into effect on September 1, 2005. It gives the Office of the Attorney General more options for pursuing and punishing criminals who commit identity theft. The Identity Theft Enforcement and Protection Act covers businesses, consumers and criminals.
Businesses
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Businesses are required to protect consumers under the Identity Theft Enforcement and Protection Act. They must have in place and use procedures to protect their clients' information. If a security breach occurs, they must notify any consumers whose information may have been acquired by an unauthorized person. Businesses must destroy any personal information by shredding, erasing or otherwise modifying the information according to SB 122. The Texas Office of the Attorney General can fine businesses up to $50,000 for each potential violation.
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Law Enforcement
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The responsibility of law enforcement is increased under the Identity Theft Enforcement and Protection Act. Peace officers are required to fill out a written report any time a consumer says they are a victim of identity theft. Law enforcement must complete the report and give the victim a copy of the report, regardless if their personal information is used. The police report includes the victim's name, suspect's name (if known), personal information that was taken and the results of any ensuing investigation.
Consumer
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Consumers have a better chance of collecting restitution under the Identity Theft Enforcement and Protection Act. They are also entitled to a copy of the police report. Consumers must file a report with the law enforcement agency in the area where they live, not necessarily where the crime was committed. Consumers should collect as much information as possible to include in the police report. This may include receipts to show the victim was at one location while their information was used at another, copies of forged checks and/or bank statements.
Follow-up
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After consumers report identity theft in the location where they live, they should follow up with other agencies. Once they have the report, consumers should contact the Federal Trade Commission. You can reach them by calling 1-877-ID-THEFT or at www.ftc.gov. The information is helpful for a database run by the Federal Trade Commission called Consumer Sentinel. The database is used by law enforcement in Canada, Australia and the United States. It allows law enforcement to build cases and identify any trends in identity theft.
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References
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