A person shall not do any of the following in
the conduct of trade or commerce:
(1)Deny credit or public utility service to or reduce the credit
limit of a consumer solely because the consumer was a victim of
identity theft, if the person had prior knowledge that the consumer
was a victim of identity deception or synthetic identity deception
(before its repeal). A consumer is presumed to be a victim of
identity theft for purposes of this subdivision if the consumer
provides to the person:
(A)a copy of a police report evidencing the claim of the victim
of identity theft; and
(B)either:
(i)a properly completed copy of a standardized affidavit of
identity theft developed and made available by the Federal
Trade Commission under 15 U.S.C. 1681g; or (ii)an affidavit of fact that is acceptab
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A person shall not do any of the following in
the conduct of trade or commerce:
(1) Deny credit or public utility service to or reduce the credit
limit of a consumer solely because the consumer was a victim of
identity theft, if the person had prior knowledge that the consumer
was a victim of identity deception or synthetic identity deception
(before its repeal). A consumer is presumed to be a victim of
identity theft for purposes of this subdivision if the consumer
provides to the person:
(A) a copy of a police report evidencing the claim of the victim
of identity theft; and
(B) either:
(i) a properly completed copy of a standardized affidavit of
identity theft developed and made available by the Federal
Trade Commission under 15 U.S.C. 1681g; or
(ii) an affidavit of fact that is acceptable to the person for that
purpose.
This subdivision does not prohibit denial of credit or public utility
service if a consumer has placed a security freeze on the
consumer's consumer report and does not wish to temporarily lift
the freeze for purposes of the credit or public utility service
request or application.
(2) Solicit to extend credit to a consumer who does not have an
existing line of credit, or has not had or applied for a line of credit
within the preceding year, through the use of an unsolicited check
that includes personal identifying information other than the
recipient's name, address, and a partial, encoded, or truncated
personal identifying number. In addition to any other penalty or
remedy under this chapter or under IC 24-5-0.5, a credit card
issuer, financial institution, or other lender that violates this
subdivision, and not the consumer, is liable for the amount of the
instrument if the instrument is used by an unauthorized user and
for any fees assessed to the consumer if the instrument is
dishonored.
(3) Solicit to extend credit to a consumer who does not have a
current credit card, or has not had or applied for a credit card
within the preceding year, through the use of an unsolicited credit
card sent to the consumer. In addition to any other penalty or
remedy under this chapter or under IC 24-5-0.5, a credit card
issuer, financial institution, or other lender that violates this
subdivision, and not the consumer, is liable for any charges if the
credit card is used by an unauthorized user and for any interest or
finance charges assessed to the consumer.
(4) Extend credit to a consumer without exercising reasonable
procedures to verify the identity of that consumer. Compliance
with regulations issued for depository institutions, and to be
issued for other financial institutions, by the United States
Department of Treasury under Section 326 of the USA PATRIOT
Act, 31 U.S.C. 5318, is considered compliance with this
subdivision. This subdivision does not apply to a purchase of a
credit obligation in an acquisition, a merger, a purchase of assets,
or an assumption of liabilities or any change to or review of an
existing credit account.