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Synopsis As Introduced Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for a person to deny credit or public utility service to or reduce the credit limit of a consumer solely because the consumer has been a victim of identity theft, if the person had prior knowledge that the consumer has been a victim of identity theft. Provides that a consumer is presumed to be a victim of identity theft if he or she provides certain information. Effective immediately.
House Floor Amendment No. 1 Deletes everything after the enacting clause. Inserts provisions substantially similar to those of HB 2696, except deletes language providing that it is an unlawful practice for a person to deny credit or public utility service to or reduce the credit limit of a consumer solely because the consumer has been a victim of identity theft, if the person had prior knowledge that the consumer has been a victim of identity theft. Deletes language providing that a consumer is presumed to be a victim of identity theft if he or she provides certain information. Provides that it is an unlawful practice for a person to deny credit or public utility service to or reduce the credit limit of a consumer solely because the consumer has been a victim of identity theft, if the consumer: (i) has provided a copy of an identity theft report as defined under the federal Fair Credit Reporting Act and implementing regulations (instead of a police report) evidencing the consumer's claim of identity theft; (ii) has provided a properly completed copy of a standardized affidavit of identity theft or an affidavit of fact that is acceptable to the person for that purpose; (iii) has obtained placement of an extended fraud alert in his or her file maintained by a nationwide consumer reporting agency, in accordance with the requirements of the federal Fair Credit Reporting Act; and (iv) is able to establish his or her identity and address to the satisfaction of the person providing credit or utility services.
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