North Carolina Identity Theft Protection Act of 2005

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The North Carolina Identity Theft Protection Act of 2005 is a series of broad laws that was passed by the General Assembly of the U.S. state of North Carolina to prevent or discourage identity theft as well as guarding and protecting individual privacy.

North Carolina General Assembly legislature of North Carolina

The North Carolina General Assembly is the bicameral legislature of the State government of North Carolina. The legislature consists of two chambers: the Senate and the House of Representatives. The General Assembly meets in the North Carolina Legislative Building in Raleigh, North Carolina, United States.

U.S. state constituent political entity of the United States

In the United States, a state is a constituent political entity, of which there are currently 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory and shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders. Four states use the term commonwealth rather than state in their full official names.

Identity theft is the deliberate use of someone else's identity, usually as a method to gain a financial advantage or obtain credit and other benefits in the other person's name, and perhaps to the other person's disadvantage or loss. The person whose identity has been assumed may suffer adverse consequences, especially if they are held responsible for the perpetrator's actions. Identity theft occurs when someone uses another's personally identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term identity theft was coined in 1964. Since that time, the definition of identity theft has been statutorily prescribed throughout both the U.K. and the United States as the theft of personally identifying information, generally including a person’s name, date of birth, social security number, driver’s license number, bank account or credit card numbers, PIN numbers, electronic signatures, fingerprints, passwords, or any other information that can be used to access a person’s financial resources.

Contents

Summary

North Carolina Attorney General Roy Cooper proposed the Identity Theft Protection Act of 2005 which was introduced by Senator Dan Clodfelter. The act was designed to strengthen safeguards for personal information, requiring businesses and government to better protect sensitive financial information, and gave consumers more tools to fight theft of their information. This includes more restriction on the collection, use, and safekeeping of a consumer's social security number and consumer financial information. The Act requires businesses, charities and government to notify individuals if a security breach has compromised any personal information and placed them at risk of identity theft. North Carolina consumers were given the right to obtain a Security Freeze on their credit reports. Placing a security freeze on a credit report would prohibit credit reporting agencies from releasing any information about you to new creditors, making it difficult for an identity thief to open an account or obtain credit in your name. Further the Act gave the right to sue for civil damages in the event of identity fraud / theft. The Act covers everything from rights to penalties. SESSION LAW 2005-414 and SENATE BILL 1048. The Act applies to any entity (financial institutions, charities, government, businesses, etc.). Companies located in and out of North Carolina that conduct business in state or keep personal information of state residents are required to comply. Compliance falls under the Attorney General's jurisdiction. Detailed information is available from the North Carolina Attorney General's office. The requirements cannot be waived by individuals. "Skimming", a process of defrauding consumers by scanning credit card or debit card encoded data, became prohibited under this Act's 2003 predecessor.

North Carolina Attorney General attorney general for the U.S. state of North Carolina

The Attorney General of North Carolina is the elected head of the state's Department of Justice. The North Carolina Constitution provides for the election of the Attorney General to serve a four-year term. There is no limit on the number of terms a person may serve in the office.

Dan Clodfelter North Carolina politician

Daniel G. Clodfelter is an American politician and attorney from North Carolina. He served as a Democratic member of the North Carolina General Assembly representing the State's thirty-seventh Senate district, which includes constituents in Mecklenburg County, from January 1999 through April 8, 2014, when he resigned after being appointed Mayor of Charlotte, North Carolina.

Identity fraud is the use by one person of another person's personal information, without authorization, to commit a crime or to deceive or defraud that other person or a third person. Most identity fraud is committed in the context of financial advantage, such as accessing a victim's credit card, bank or loan accounts. False or forged identity documents have been used in criminal activity or in dealings with government agencies, such as immigration. Often today, the identities of real persons are used in the preparation of these false documents.

Ratified

Lieutenant Governor of North Carolina second highest executive officer of the Government of North Carolina; president of the North Carolina Senate

The Lieutenant Governor of North Carolina is the second highest elected official in the U.S. state of North Carolina and is the only elected official to have powers in both the legislative and executive branches of state government. The current Lieutenant Governor is Dan Forest, a Republican.

James "Jim" Boyce Black is a member of the North Carolina Democratic Party, and a former member of the North Carolina General Assembly, who represented the state's 100th House district, including constituents in Mecklenburg County. An optometrist from Matthews, North Carolina, Black was elected to 11 (non-consecutive) terms in the House of Representatives, and served as Speaker of the House from January 1999 through the end of 2006, when scandal forced him to give up the leadership post. For the 2003-2004 legislative session Black was elected to serve as "Co-Speaker" with Republican Richard T. Morgan serving as the other Co-Speaker. He is tied with Liston B. Ramsey as longest-serving Speaker in state history.

Speaker of the North Carolina House of Representatives

The Speaker of the North Carolina House of Representatives is the presiding officer of one of the houses of the North Carolina General Assembly. The Speaker is elected by the members of the house when they convene for their regular session in January of each odd-numbered year. Perhaps the most important duty of the Speaker is to appoint members and chairs of the various standing committees of the House.

Other states that have passed similar laws

Laws of this nature are being passed by legislatures all over the United States. Colorado, Connecticut, Delaware, Florida, Georgia, Louisiana, Maine, Minnesota, Montana, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, Rhode Island, Tennessee, Texas, Virginia and Washington have passed laws relating to identity theft.

United States Federal republic in North America

The United States of America (USA), commonly known as the United States or America, is a country comprising 50 states, a federal district, five major self-governing territories, and various possessions. At 3.8 million square miles, the United States is the world's third or fourth largest country by total area and is slightly smaller than the entire continent of Europe's 3.9 million square miles. With a population of over 327 million people, the U.S. is the third most populous country. The capital is Washington, D.C., and the largest city by population is New York City. Forty-eight states and the capital's federal district are contiguous in North America between Canada and Mexico. The State of Alaska is in the northwest corner of North America, bordered by Canada to the east and across the Bering Strait from Russia to the west. The State of Hawaii is an archipelago in the mid-Pacific Ocean. The U.S. territories are scattered about the Pacific Ocean and the Caribbean Sea, stretching across nine official time zones. The extremely diverse geography, climate, and wildlife of the United States make it one of the world's 17 megadiverse countries.

Colorado State of the United States of America

Colorado is a state of the Western United States encompassing most of the southern Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains. It is the 8th most extensive and 21st most populous U.S. state. The estimated population of Colorado was 5,695,564 on July 1, 2018, an increase of 13.25% since the 2010 United States Census.

Connecticut state of the United States of America

Connecticut is the southernmost state in the New England region of the United States. As of the 2010 Census, it has the highest per-capita income, Human Development Index (0.962), and median household income in the United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its capital is Hartford and its most populous city is Bridgeport. It is part of New England, although portions of it are often grouped with New York and New Jersey as the Tri-state area. The state is named for the Connecticut River which approximately bisects the state. The word "Connecticut" is derived from various anglicized spellings of an Algonquian word for "long tidal river".

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