The Attorney General shall have the authority to investigate any complaints of consumer victims regarding identity fraud. In conducting such investigations the Attorney General shall have all investigative powers which are available to the Attorney General under Part 2 of Article 15 of Chapter 1 of Title 10, the “Fair Business Practices Act of 1975.” If, after such investigation, the Attorney General determines that a person has been a consumer victim of identity fraud in this state, the Attorney General shall, at the request of the consumer victim, provide the consumer victim with certification of the findings of such investigation. Copies of any and all complaints received by any law enforcement agency of this state regarding potential violations of this article shall be transmitted to the Georgia Bureau of Investigation. The Georgia Bureau of Investigation shall maintain a repository for all complaints in the State of Georgia regarding identity fraud. Information contained in such repository shall not be subject to public disclosure. The information in the repository may be transmitted to any other appropriate investigatory agency or entity. Consumer victims of identity fraud may file complaints directly with the office of the Attorney General, the Georgia Bureau of Investigation, or with local law enforcement. Any and all transmissions authorized under this Code section may be transmitted electronically, provided that such transmissions are made through a secure channel for the transmission of such electronic communications or information, the sufficiency of which is acceptable to the Attorney General. Nothing in this Code section shall be construed to preclude any otherwise authorized law enforcement or prosecutorial agencies from conducting investigations and prosecuting offenses of identity fraud.
History. Code 1981, § 16-9-122 , enacted by Ga. L. 1998, p. 865, § 2; Code 1981, § 16-9-123 , as redesignated by Ga. L. 2002, p. 551, § 2; Ga. L. 2008, p. 601, § 1/SB 388; Ga. L. 2015, p. 1088, § 14/SB 148.
Editor’s notes.
Ga. L. 2002, p. 551, § 2, effective May 2, 2002, redesignated the former provisions of this Code section as Code Section 16-9-124.
Structure Georgia Code
Title 16 - Crimes and Offenses
Chapter 9 - Forgery and Fraudulent Practices
§ 16-9-121. Elements of Offense
§ 16-9-121.1. Offense of Aggravated Identity Fraud
§ 16-9-122. Attempting or Conspiring to Commit Offense; Penalty
§ 16-9-125.1. Victim’s Right to File Report
§ 16-9-126. Penalty for Violations
§ 16-9-127. Authority of Attorney General
§ 16-9-129. Actual and Punitive Damages Available to Business Victim