New Identity Theft Law

North Carolina has a new identity theft law on the books:

Session Law 2005-414, Article 2A "Identity Theft Protection Act"

Under this act, a consumer may place a security freeze on the consumer's credit report by making a request in writing by certified mail to a consumer reporting agency. The security freeze will prohibit a consumer reporting agency from releasing any information in your credit report without your express authorization. The freeze is placed on the consumer's report no later than five business days after receiving the written notice. The act allows a reporting agency to charge a fee of no more than $10.00 to a consumer for each freeze (placing and removing). The consumer reporting agency shall send a written confirmation of the security freeze to the consumer within 10 business days of placing the freeze and at the same time shall provide the consumer with a unique personal identification number or password, other than the consumer's social security number, to be used by the consumer when providing authorization for the release of the consumer's credit report for a specific period of time. A consumer reporting agency may not charge any amount to a victim of identify theft who has submitted a copy of a valid investigative or incident report or complaint with a law enforcement agency about the unlawful use of the victim's identifying information by another person.

The act prevents most mailed materials from displaying Social Security numbers. A social security number that is permitted to be mailed under this subdivision may not be printed, in whole or in part, on a postcard or other mailer not requiring an envelope, or visible on the envelope, or in a non-sealed envelope.

In addition, any business that conducts business in North Carolina and any business that maintains or otherwise possesses personal information of a resident of North Carolina must take reasonable measures to protect against unauthorized access to or use of the information in connection with or after its disposal.

Any business that owns or licenses personal information of residents of North Carolina or any business that conducts business in North Carolina that owns or licenses personal information in any form shall provide notice to the affected person that there has been a security breach following discovery or notification of the breach.

The complete Identity Theft Protection Act of 2005 can be found at: http://www.ncleg.net/Sessions/2005/Bills/Senate/HTML/S1048v6.html »

Email your questions about identity theft to: idhelp@coastalfcu.org or to sign up for our next Identity Theft seminar.