Page:United States Statutes at Large Volume 117.djvu/1973

 117 STAT. 1954

PUBLIC LAW 108–159—DEC. 4, 2003

TITLE I—IDENTITY THEFT PREVENTION AND CREDIT HISTORY RESTORATION Subtitle A—Identity Theft Prevention SEC. 111. AMENDMENT TO DEFINITIONS.

Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following: ‘‘(q) DEFINITIONS RELATING TO FRAUD ALERTS.— ‘‘(1) ACTIVE DUTY MILITARY CONSUMER.—The term ‘active duty military consumer’ means a consumer in military service who— ‘‘(A) is on active duty (as defined in section 101(d)(1) of title 10, United States Code) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101(a)(13) of title 10, United States Code; and ‘‘(B) is assigned to service away from the usual duty station of the consumer. ‘‘(2) FRAUD ALERT; ACTIVE DUTY ALERT.—The terms ‘fraud alert’ and ‘active duty alert’ mean a statement in the file of a consumer that— ‘‘(A) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable; and ‘‘(B) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph (A) by any person requesting such consumer report. ‘‘(3) IDENTITY THEFT.—The term ‘identity theft’ means a fraud committed using the identifying information of another person, subject to such further definition as the Commission may prescribe, by regulation. ‘‘(4) IDENTITY THEFT REPORT.—The term ‘identity theft report’ has the meaning given that term by rule of the Commission, and means, at a minimum, a report— ‘‘(A) that alleges an identity theft; ‘‘(B) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Commission; and ‘‘(C) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. ‘‘(5) NEW CREDIT PLAN.—The term ‘new credit plan’ means a new account under an open end credit plan (as defined in section 103(i) of the Truth in Lending Act) or a new credit transaction not under an open end credit plan. ‘‘(r) CREDIT AND DEBIT RELATED TERMS— ‘‘(1) CARD ISSUER.—The term ‘card issuer’ means— ‘‘(A) a credit card issuer, in the case of a credit card; and

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