The Federal Trade Commission (the “FTC”) recently issued a publication entitled Businesses Must Provide Victims and Law Enforcement with Transaction Records Relating to Identity Theft (the “Publication”).  As outlined in the Publication, the Fair Credit Reporting Act provides victims of identity theft with the right to ask businesses for a copy of transaction records relating to the theft of their identity (“Transaction Records”).  In addition, law enforcement officers may obtain Transaction Records from business entities without a subpoena as long as they have the victim’s authorization.  Businesses that have provided credit, goods, or services to, or accepted payment from, or otherwise entered into a transaction with someone who is believed to have fraudulently used the victim’s identification must provide copies of Transaction Records free of charge within 30 days of receiving a request.

The Publication provides guidance regarding the procedures for requesting Transaction Records, who must comply with the requirements, and what documents must be provided.

To view the Publication, click here.