(a) a copy of a valid police report filed by the debtor alleging that
the debtor is the victim of an identity theft crime, including, but not
limited to, a violation of section 190.78, 190.79, 190.80, 190.81,
190.82 or 190.83 of the penal law, for the specific debt being collected
by the principal creditor; or
(b) a copy of a completed and signed federal trade commission identity
theft victim's report filed by the debtor alleging that the debtor is
the victim of identity theft; and
(c) the debtor's written statement that the debtor claims to be the
victim of identity theft with respect to the specific debt being
collected by the principal creditor.
2. The written statement described in paragraph (c) of subdivision one
of this section shall consist of either of the following:
(a) a signed federal trade commission ID theft victim's affidavit; or
(b) a written statement that certifies that the representations are
true, correct, and contain no material omissions of fact to the best
knowledge and belief of the person submitting the certification. A
person submitting such certification who declares as true any material
matter pursuant to this subdivision that he or she knows to be false is
guilty of a misdemeanor. Such statement shall contain or be accompanied
by, the following, to the extent that such items are relevant to the
debtor's allegation of identity theft with respect to the debt in
question:
(i) a statement that the debtor is a victim of identity theft;
(ii) a copy of the debtor's driver's license or identification card,
as issued by the state;
(iii) any other identification document that supports the statement of
identity theft;
(iv) specific facts supporting the claim of identity theft, if
available;
(v) any explanation showing that the debtor did not incur the debt;
(vi) any available correspondence disputing the debt after transaction
information has been provided to the debtor;
(vii) documentation of the residence of the debtor at the time of the
alleged debt. This may include copies of bills and statements, such as
utility bills, tax statements, or other statements from businesses sent
to the debtor, showing that the debtor lived at another residence at the
time the debt was incurred;
(viii) a telephone number for contacting the debtor concerning any
additional information or questions, or direction that further
communications to the debtor be in writing only, with the mailing
address specified in the statement;
(ix) to the extent the debtor has information concerning who may have
incurred the debt, the identification of any person whom the debtor
believes is responsible;
(x) an express statement that the debtor did not authorize the use of
the debtor's name or personal information for incurring the debt;
(xi) an express statement that the debtor was coerced to authorize the
use of the debtor's name or personal information for incurring the debt;
or
(xii) criminal or family court documents that support the statement of
identity theft.
3. The certification required pursuant to subdivision two of this
section shall be sufficient if it is in substantially the following
form:
"I certify the representations made are true, correct, and contain no
material omissions of fact.
_______________________ ________________________"
(Signature)
4. If a debtor notifies a principal creditor orally that he or she is
a victim of identity theft, the principal creditor shall notify the
debtor, orally or in writing, that the debtor's claim must be in
writing. If a debtor notifies a principal creditor in writing that he or
she is a victim of identity theft, but omits information required
pursuant to subdivision one of this section and the principal creditor
does not cease collection activities, the principal creditor shall
provide written notice to the debtor of the additional information that
is required.
5. Upon receipt of the complete statement and information described in
subdivision one of this section, the principal creditor shall review and
consider all of the information provided by the debtor and other
information relevant to the review. The principal creditor may
recommence debt collection activities only upon making a good faith
determination based on all of the information provided by the debtor and
other information available to the principal creditor in its file or
from the creditor that the information does not establish that the
debtor is not responsible for the specific debt in question. The
principal creditor's determination shall be made in a manner consistent
with the provisions of 15 U.S.C.1692f(1). The debt collector shall
notify the debtor in writing of that determination and the basis for
that determination before proceeding with any further collection
activities.
6. No inference or presumption that the debt is valid or invalid, or
that the debtor is liable or not liable for the debt, shall arise if the
principal creditor decides after the review described in subdivision
five of this section to cease or recommence the debt collection
activities. The exercise or non-exercise of rights under this section is
not a waiver of any other right or defense of the debtor or debt
collector.
7. A principal creditor who ceases collection activities under this
section and does not recommence those collection activities, shall
within five business days of the cessation of collection activities, do
the following:
(a) if the principal creditor has furnished adverse information to a
consumer credit reporting agency, notify the agency to delete that
information; and
(b) notify the creditor that debt collection activities have been
terminated based upon the debtor's claim of identity theft.