[10-19-2009]
This chapter shall be known as the Identity Theft Prevention
Program.
[10-19-2009]
The purpose of this chapter is to comply with 16 CFR 681.2 in
order to detect, prevent and mitigate identity theft by identifying
and detecting identity theft red flags and by responding to such red
flags in a manner that will prevent identity theft.
[10-19-2009]
For purposes of this chapter, the following definitions apply:
COVERED ACCOUNT
(i) an account that a financial institution or creditor offers
or maintains, primarily for personal, family or household purposes,
that involves or is designed to permit multiple payments or transactions,
such as a credit card account, mortgage loan, automobile loan, margin
account, cell phone account, utility account, checking account, or
savings account; and (ii) any other account that the financial institution
or creditor offers or maintains for which there is a reasonably foreseeable
risk to customers or to the safety and soundness of the financial
institution or creditor from identity theft, including financial,
operational, compliance reputation, or litigation risks.
CREDIT
The right granted by a creditor to a debtor to defer payment
of debt or to incur debts and defer its payment or to purchase property
or services and defer payment therefore.
CREDITOR
Any person who regularly extends, renews, or continues credit;
any person who regularly arranges for the extension, renewal, or continuation
of credit; or any assignee of an original creditor who participates
in the decision to extend, renew or continue credit and includes utility
companies and telecommunications companies.
CUSTOMER
A person that has a covered account with a creditor.
IDENTITY THEFT
A fraud committed or attempted using identifying information
or another person without authority.
PERSON
A natural person, a corporation, government or governmental
subdivision or agency, trust, estate, partnership, cooperative or
association.
PERSONAL IDENTIFYING INFORMATION
A person's credit card account information, debit card
information, bank account information and drivers' license information
and for a natural person includes their social security number, mother's
birth name and date of birth.
[10-19-2009]
In the event that the Village engages a service provider to
perform an activity in connection with one or more covered accounts,
the Village Administrator shall exercise his or her discretion in
reviewing such arrangements in order to ensure, to the best of his
or her ability, that the service provider's activities are conducted
in accordance with policies and procedures, agreed upon by contract,
that are designed to detect any red flags that may arise in the performance
of the service provider's activities and take appropriate steps
to prevent or mitigate identity theft.
[10-19-2009]
Pursuant to 16 CFR 681.1, the purpose of this section is to
establish a process by which the Village will be able to form a reasonable
belief that a consumer report relates to the consumer about whom it
has requested a consumer credit report when the Village has received
a notice of address discrepancy.
A.
Definitions. For purposes of this paragraph, the following definitions
apply:
NOTICE OF ADDRESS DISCREPANCY
A notice sent to a user by a consumer reporting agency pursuant
to 15 U.S.C. § 1681(c)(h)(1), that informs the user of a
substantial difference between the address for the consumer that the
user provided to request the consumer report and the address(es) in
the agency's file for the consumer.
B.
Policy. In the event that the Village receives a notice of address
discrepancy, the Village employee responsible for verifying consumer
addresses for the purpose of providing municipal service or account
sought by the consumer shall perform one or more of the following
activities, as determined to be appropriate by such employee:
1.
Compare the information in the consumer report with:
a.
Information the Village obtains and uses to verify a consumer's
identity in accordance with the requirements of the Customer Information
Program rules implementing 31 U.S.C. § 5318(1);
b.
Information the Village maintains in its own records, such as
applications for service, change of address notices, other customer
account records or tax records; or
c.
Information the Village obtains from third-party sources that
are deemed reliable by the relevant Village employee; or
2.
Verify the information in the consumer report with the consumer.
C.
Furnishing Consumer's Address to Consumer Reporting Agency:
1.
In the event that the Village reasonably confirms that an address
provided by a consumer to the Village is accurate, the Village is
required to provide such address to the consumer reporting agency
from which the Village received a notice of address discrepancy with
respect to such consumer. This information is required to be provided
to the consumer reporting agency when:
a.
The Village is able to form a reasonable belief that the consumer
report relates to the consumer about whom the Village requested the
report;
b.
The Village establishes a continuing relation with the consumer;
and
c.
The Village regularly and in the ordinary course of business
provides information to the consumer reporting agency from which it
received the notice of address discrepancy.
2.
Such information shall be provided to the consumer reporting
agency as part of the information regularly provided by the Village
to such agency for the reporting period in which the Village establishes
a relationship with the customer.
D.
Methods of Confirming Consumer Address. The Village employee
charged with confirming consumer addresses may, in his or her discretion,
confirm the accuracy of an address through one or more of the following
methods:
1.
Verifying the address with the consumer;
2.
Reviewing the Village's records to verify the consumer's
address;
3.
Verifying the address through third-party sources; or
4.
Using other reasonable processes.