Identity Theft Affidavit and Police Report Cover Letter - Alabama

IDENTITY THEFT AFFIDAVIT AND POLICE REPORT COVER LETTER — ALABAMA

PART A: FTC IDENTITY THEFT REPORT INSTRUCTIONS

Step 1: File an FTC Identity Theft Report

The Federal Trade Commission (FTC) provides a centralized identity theft reporting system at IdentityTheft.gov. Filing an FTC Identity Theft Report is critical because it:

• Creates an official Identity Theft Report recognized under the Fair Credit Reporting Act (FCRA)
• Serves as the basis for requesting credit reporting agencies (CRAs) to block fraudulent information under 15 U.S.C. § 1681c-2
• Generates a personalized recovery plan with pre-filled letters and forms
• Satisfies documentation requirements for many creditors and financial institutions

Procedure:

1. Visit https://IdentityTheft.gov
2. Create an account (recommended) or proceed without one
3. Answer questions about the identity theft incident
4. Receive your Identity Theft Report and personalized recovery plan
5. Print and save the Identity Theft Report — you will need copies for creditors, CRAs, and law enforcement

Practice Note: The FTC Identity Theft Report has replaced the former FTC Identity Theft Affidavit (FTC Form 14039) for most purposes. However, some creditors and institutions may still request the older affidavit form. The comprehensive affidavit in Part B of this template satisfies both requirements.

Step 2: Contact the Three Major Credit Reporting Agencies

Step 3: Place Fraud Alerts

Initial Fraud Alert (1 Year):

• Contact ONE of the three CRAs; that agency must notify the other two
• Lasts 1 year (extended from 90 days by the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018)
• Requires creditors to take reasonable steps to verify identity before opening new accounts

Extended Fraud Alert (7 Years):

• Available to confirmed identity theft victims who have filed an Identity Theft Report
• Lasts 7 years
• Requires creditors to contact the consumer directly using the phone number provided before opening new accounts
• Consumer is removed from pre-screened credit offer lists for 5 years

Step 4: Place Security Freezes

Under the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018, security freezes are free nationwide. Alabama does not have a separate state security freeze statute; the federal provisions apply.

• Contact each of the three major CRAs individually to place a freeze
• Each CRA must place the freeze within 1 business day of receiving an electronic request, or 3 business days for requests by mail
• You will receive a unique PIN or password to temporarily lift or permanently remove the freeze
• The freeze does not affect your credit score or existing accounts

PART B: IDENTITY THEFT AFFIDAVIT

SECTION 1: VICTIM INFORMATION

Full Legal Name: [________________________________]

Former/Maiden/Other Names Used: [________________________________]

Date of Birth: [__/__/____]

Social Security Number: [____] - [____] - [____]

Current Address:

Street: [________________________________]

City: [________________________________] State: [____] ZIP: [____]

How long at this address? [________________________________]

Previous Address (if at current address less than 2 years):

Street: [________________________________]

City: [________________________________] State: [____] ZIP: [____]

Home Phone: [________________________________]

Work Phone: [________________________________]

Cell Phone: [________________________________]

Email Address: [________________________________]

Driver's License Number: [________________________________] State: [____]

Alabama ID Card Number (if applicable): [________________________________]

SECTION 2: FRAUDULENT ACCOUNT INFORMATION

Complete one entry for each fraudulent account. Attach additional pages if necessary.

Fraudulent Account #1

Fraudulent Account #2

Fraudulent Account #3

(Attach additional pages using the same format for additional fraudulent accounts.)

SECTION 3: HOW THE IDENTITY THEFT OCCURRED

How did you first discover the identity theft?

[________________________________]
[________________________________]
[________________________________]

When did the identity theft first occur (or your best estimate)? [__/__/____]

When did you first discover the identity theft? [__/__/____]

Do you know or suspect how the identity thief obtained your personal information?

☐ Lost or stolen wallet/purse
☐ Lost or stolen mail
☐ Data breach notification received (Company: [________________________________])
☐ Stolen from home, car, or office
☐ Someone I know had access to my information
☐ Phishing email or phone scam
☐ Online data compromise
☐ Medical or insurance records theft
☐ Tax-related identity theft
☐ Unknown
☐ Other: [________________________________]

SECTION 4: KNOWN OR SUSPECTED PERPETRATOR INFORMATION

Do you know or suspect who committed the identity theft?

☐ No — Skip to Section 5
☐ Yes — Complete below

Suspected Perpetrator's Name: [________________________________]

Relationship to Victim: [________________________________]

Last Known Address: [________________________________]

Phone Number: [________________________________]

Other Identifying Information: [________________________________]

Why do you suspect this person?

[________________________________]
[________________________________]

SECTION 5: TIMELINE OF EVENTS AND ACTIONS TAKEN

List all actions taken in response to the identity theft, in chronological order.

SECTION 6: ACTIONS ALREADY TAKEN

☐ Filed FTC Identity Theft Report at IdentityTheft.gov — Report Number: [________________________________]
☐ Filed police report — Agency: [________________________________] Report Number: [________________________________]
☐ Placed initial fraud alert (1-year) with: ☐ Equifax ☐ Experian ☐ TransUnion — Date: [__/__/____]
☐ Placed extended fraud alert (7-year) — Date: [__/__/____]
☐ Placed security freeze with: ☐ Equifax ☐ Experian ☐ TransUnion — Date: [__/__/____]
☐ Requested free credit reports from all three CRAs
☐ Contacted affected creditors/financial institutions
☐ Contacted debt collectors regarding fraudulent debts
☐ Notified Alabama Attorney General's Office
☐ Filed IRS Identity Theft Affidavit (Form 14039) — if tax-related
☐ Contacted Social Security Administration — if SSN compromised
☐ Contacted U.S. Postal Inspection Service — if mail theft involved
☐ Changed passwords and PINs on all accounts
☐ Other: [________________________________]

SECTION 7: DECLARATION UNDER PENALTY OF PERJURY

I, [________________________________], declare under penalty of perjury under the laws of the United States and the State of Alabama that the information provided in this affidavit is true and correct to the best of my knowledge. I understand that knowingly making false statements in this affidavit may subject me to criminal prosecution under 18 U.S.C. § 1001 (false statements to federal agencies) and Ala. Code § 13A-10-109 (perjury).

I did not authorize any person to use my personal identifying information to open or access any of the accounts or conduct any of the transactions listed in this affidavit. I am willing to cooperate fully with any law enforcement agency, creditor, or credit reporting agency investigating this identity theft.

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

NOTARIZATION BLOCK

STATE OF ALABAMA
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [________________________________], 20[____], personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public Signature: ________________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

Notary Seal/Stamp:

[SEAL]

PART C: POLICE REPORT COVER LETTER

[__/__/____]

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Re: Request to File Identity Theft Police Report

Dear Officer/Detective:

I am writing to request that your department accept and file an identity theft report pursuant to Alabama law and federal requirements. I am a victim of identity theft and need an official police report to exercise my rights under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) and Alabama's Consumer Identity Protection Act (Ala. Code § 13A-8-190 et seq.).

Background

My personal identifying information has been used without my authorization to open fraudulent accounts, make unauthorized transactions, and/or commit other fraudulent acts as detailed in the attached Identity Theft Affidavit. The total known fraudulent activity amounts to approximately $[________________________________].

Why a Police Report Is Necessary

Federal law and Alabama law provide identity theft victims with important protections that require a police report:

1. FCRA Block Requests (15 U.S.C. § 1681c-2): Credit reporting agencies must block fraudulent information from a victim's credit report upon receipt of an identity theft report, which includes a police report and identity theft affidavit.

2. Extended Fraud Alerts (15 U.S.C. § 1681c-1): Victims with an identity theft report can request a 7-year extended fraud alert on their credit files.

3. Alabama Consumer Identity Protection Act (Ala. Code § 13A-8-197): Alabama law allows courts to issue orders ensuring that court records reflect the innocence of the identity theft victim.

4. Alabama Record Correction (Ala. Code § 13A-8-198): Courts may order the correction of records altered by identity theft.

Alabama Criminal Law Provisions

Identity theft is a serious criminal offense in Alabama under the Consumer Identity Protection Act:

Victim Rights Under Alabama Law

The Consumer Identity Protection Act (Ala. Code § 13A-8-190 et seq.) provides identity theft victims with significant rights:

• Restitution (§ 13A-8-195): Courts shall order restitution for financial losses suffered by the victim, including costs incurred in clearing the victim's name and credit history.
• Court Records (§ 13A-8-197): Courts must ensure that records reflect the victim's innocence of any crimes committed by the identity thief using the victim's identity.
• Record Correction (§ 13A-8-198): Courts may order correction of any records impacted by the identity theft.
• Civil Action (§ 13A-8-199): Victims may bring a civil action against the identity thief for actual damages, court costs, attorney fees, and other relief.
• Credit Report Block (§ 13A-8-200): Victims may request that CRAs block false information resulting from identity theft.
• Document Reissuance (§ 13A-8-201): Victims may request the reissuance of identification documents compromised by the identity theft.

Jurisdiction

Under Alabama law, this report may be filed with:

• The law enforcement agency in the jurisdiction where the identity theft occurred
• The law enforcement agency in the jurisdiction where the victim resides
• The Alabama Law Enforcement Agency (ALEA) if the crime crossed jurisdictional lines

Information and Documents I Am Providing

☐ Completed Identity Theft Affidavit (attached)
☐ FTC Identity Theft Report (attached)
☐ Government-issued photo identification
☐ Proof of current address (utility bill, lease, or bank statement)
☐ Credit reports showing fraudulent accounts (highlighted)
☐ Collection notices for fraudulent debts
☐ Correspondence from creditors regarding fraudulent accounts
☐ Documentation of financial losses
☐ Other supporting evidence: [________________________________]

Request

I respectfully request that you:

1. Accept this identity theft report and assign a case number
2. Provide me with a copy of the filed police report
3. Investigate the identity theft to the extent possible
4. Refer the matter to appropriate investigative units if the crime crosses jurisdictions

Thank you for your assistance. I understand that identity theft investigations can be complex and am prepared to cooperate fully with any investigation.

Respectfully,

Signature: ________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Phone: [________________________________]

Email: [________________________________]

PART D: ALABAMA-SPECIFIC IDENTITY THEFT PROTECTIONS

The Consumer Identity Protection Act (Ala. Code § 13A-8-190 et seq.)

Alabama's Consumer Identity Protection Act, enacted in 2001 and amended over time, provides both criminal penalties and civil remedies for identity theft. Key features include:

Criminal Provisions:

Victim Rights and Civil Remedies:

Alabama Data Breach Notification Act (Ala. Code § 8-38-1 et seq.)

Alabama's Data Breach Notification Act of 2018 requires:

• Notification to Consumers: Covered entities must notify affected Alabama residents within 45 days of discovery of a breach
• Notification to Attorney General: If more than 1,000 individuals are affected, the entity must notify the Alabama Attorney General
• Covered Information: Social security numbers, driver's license numbers, financial account numbers with access codes, medical information, health insurance information, and usernames/passwords
• Reasonable Security Measures: Covered entities must implement and maintain reasonable security measures

Practice Note: Alabama was the second-to-last state in the nation to enact a data breach notification law (in 2018). Prior to that, Alabama had limited state-level protections for identity theft victims beyond the criminal code provisions.

Filing a Complaint with the Alabama Attorney General

Alabama Attorney General's Office — Consumer Protection Division
501 Washington Avenue
Montgomery, AL 36130
Phone: (334) 242-7334
Toll-Free: (800) 392-5658
Website: alabamaag.gov/consumer-protection

PART E: SUPPORTING DOCUMENTATION CHECKLIST

Gather and organize the following documents before submitting your affidavit:

Required Documents

☐ Completed Identity Theft Affidavit (Part B of this template)
☐ FTC Identity Theft Report from IdentityTheft.gov
☐ Police report with case number
☐ Government-issued photo identification (driver's license, passport, or state ID)
☐ Proof of current address (utility bill, lease agreement, or bank statement dated within 90 days)

Credit-Related Documents

☐ Credit reports from all three CRAs (Equifax, Experian, TransUnion) with fraudulent items highlighted
☐ Fraud alert confirmation letters
☐ Security freeze confirmation letters/PINs
☐ Any credit monitoring alerts related to the identity theft

Fraudulent Account Documents

☐ Statements or notices for fraudulent accounts
☐ Collection letters for fraudulent debts
☐ Correspondence with creditors regarding disputes
☐ Denial letters for credit applications you did not make

Financial Impact Documents

☐ Bank statements showing unauthorized transactions
☐ Records of out-of-pocket expenses related to the identity theft
☐ Records of lost wages or time spent resolving the identity theft
☐ Documentation of any denied credit, employment, or housing due to identity theft

Communication Records

☐ Log of all phone calls made (date, time, person spoken to, reference numbers)
☐ Copies of all letters sent (with certified mail receipts)
☐ Email correspondence with creditors, CRAs, and law enforcement
☐ Screenshots of online submissions or dispute filings

PART F: RECIPIENT LIST — WHO TO SEND THE AFFIDAVIT TO

Send copies of your completed affidavit, FTC Identity Theft Report, and police report to each of the following, as applicable. Use certified mail with return receipt requested for all mailings.

1. Credit Reporting Agencies (All Three)

2. Each Affected Creditor or Financial Institution

Send to the creditor's fraud/identity theft department (not the general customer service address). Include:

• Identity Theft Affidavit
• FTC Identity Theft Report
• Police report
• Request to close/block fraudulent account

3. Debt Collectors

If any fraudulent debts have been sent to collections, send the affidavit and supporting documents to each collector with a demand to cease collection of the fraudulent debt.

4. Alabama Attorney General — Consumer Protection Division

File a complaint to create an official state record and assist with investigations.

5. Internal Revenue Service (If Tax-Related)

IRS Identity Protection Specialized Unit
Phone: 1-800-908-4490
Submit IRS Form 14039 (Identity Theft Affidavit) if fraudulent tax returns were filed.

6. Social Security Administration (If SSN Compromised)

Phone: 1-800-772-1213
Website: ssa.gov — Report fraud at oig.ssa.gov

SOURCES AND REFERENCES

• Federal Trade Commission — IdentityTheft.gov: https://www.identitytheft.gov
• Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.: https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-III
• FCRA Block Provision, 15 U.S.C. § 1681c-2: https://www.law.cornell.edu/uscode/text/15/1681c-2
• Alabama Consumer Identity Protection Act, Ala. Code § 13A-8-190 et seq.: https://law.justia.com/codes/alabama/title-13a/chapter-8/article-10/
• Alabama Data Breach Notification Act, Ala. Code § 8-38-1 et seq.: https://law.justia.com/codes/alabama/title-8/chapter-38/
• Alabama Attorney General — Consumer Protection: https://www.alabamaag.gov/consumer-protection
• Consumer Financial Protection Bureau: https://www.consumerfinance.gov
• Annual Free Credit Reports: https://www.annualcreditreport.com

This template is provided for informational purposes only and does not constitute legal advice. Identity theft cases involve complex intersections of federal and state law. Consult a qualified attorney licensed in Alabama for advice specific to your situation.