Identity Theft Affidavit and Police Report Cover - Idaho

IDENTITY THEFT AFFIDAVIT AND POLICE REPORT COVER — IDAHO

TABLE OF CONTENTS

1. Part A — Police Report Cover Letter
2. Part B — Sworn Identity Theft Affidavit
3. Part C — Notification Letters to Consumer-Reporting Agencies
4. Part D — Notification Letters to Furnishers
5. Idaho Practice Notes
6. Sources and References

1. PART A — POLICE REPORT COVER LETTER

[VICTIM NAME]

[STREET ADDRESS]

[CITY, IDAHO ZIP]

[TELEPHONE] [EMAIL]

Date: [__/__/____]

[LAW-ENFORCEMENT AGENCY — e.g., Boise Police Department, [_____] County Sheriff's Office, Idaho State Police]

Records / Identity Theft Unit

[STREET ADDRESS]

[CITY, IDAHO ZIP]

Re: Request to File Identity Theft Report — Idaho Victim

Dear Records Officer:

I am an Idaho resident and the victim of identity theft. I am requesting that your agency take and provide me with a written police report documenting the criminal acts described in the attached sworn affidavit. A sufficiently specific official report may qualify under 15 U.S.C. § 1681a(q)(4) and 12 C.F.R. § 1022.3(i); federal law does not categorically require a police report when the consumer has another qualifying government-agency report.

The attached affidavit describes:

• ☐ The unauthorized use of my personal identifying information;
• ☐ The unauthorized use of my financial identifying information;
• ☐ The unauthorized use of one or more of my financial devices;
• ☐ The opening of fraudulent credit accounts;
• ☐ Existing-account takeover or unauthorized transactions;
• ☐ Government-document or benefit fraud;
• ☐ Tax-return identity theft;
• ☐ Medical identity theft;
• ☐ Other: [_______________________________].

Conduct of this nature is criminal under Idaho Code § 18-3126 (misappropriation of personal identifying information / identity theft), Idaho Code § 18-3126A (acquisition of personal identifying information by false authority), and/or Idaho Code § 18-3128 (trafficking in personal identifying information). Under § 18-3126, the offense is a felony where the value obtained or attempted exceeds $300, punishable by up to 5 years in prison and a fine of up to $50,000.

I request that the report be assigned a case number and that I be provided with:

1. The case number;
2. A certified copy of the report; and
3. The name and contact information of the assigned investigator.

I have also filed (or will file) a Federal Trade Commission Identity Theft Report at IdentityTheft.gov (FTC report number: [_______________]), a copy of which is enclosed (or will be supplied). Together with this police report, I will submit the package to the consumer-reporting agencies under 15 U.S.C. § 1681c-2 to obtain an information block.

Thank you for your assistance.

Sincerely,

[________________________________]

[VICTIM NAME]

Enclosures: Sworn Identity Theft Affidavit; FTC Identity Theft Report; copies of supporting documentation (account statements, fraudulent applications, correspondence).

2. PART B — SWORN IDENTITY THEFT AFFIDAVIT

STATE OF IDAHO

COUNTY OF [_______________]

I, [VICTIM FULL LEGAL NAME], being first duly sworn upon oath, depose and state as follows:

A. Identification of Affiant

1. My full legal name is [_______________________________].

2. My date of birth is [__/__/____].

3. My residential address is [_______________________________], [CITY], Idaho [ZIP].

4. The last four digits of my Social Security number are [XXX-XX-_____].

5. My Idaho driver's license / ID number is [_______________] (issued [__/__/____]).

B. Statement of Identity Theft

6. I am the victim of identity theft. I did not authorize, consent to, or benefit from the transactions, accounts, or activity described below. I had no relationship with any of the persons or entities that committed the fraudulent acts.

7. I first discovered the identity theft on or about [__/__/____] when [DESCRIBE — e.g., I received a credit-card statement for an account I never opened; I was denied credit and pulled my credit report; I received an IRS notice; I received a debt-collection call; I received a data-breach notification under Idaho Code § 28-51-105].

8. To the best of my knowledge, the identity thief obtained my personal identifying information by [DESCRIBE — e.g., a data breach at [COMPANY]; a stolen wallet on [DATE]; phishing email; unknown means].

C. Fraudulent Accounts and Transactions

9. The following accounts, transactions, or items are fraudulent and were not authorized by me:

10. I have circled and identified these items on the credit reports attached to this affidavit (Equifax, Experian, and TransUnion).

D. Police Report

11. I have filed or am concurrently filing a police report with [LAW-ENFORCEMENT AGENCY] in [CITY/COUNTY], Idaho.

12. The case number assigned is [_______________] (if known; otherwise, "to be assigned").

13. I have filed or am concurrently filing a Federal Trade Commission Identity Theft Report at IdentityTheft.gov, FTC report number [_______________].

E. No Authorization or Benefit

14. I did not provide my information to the perpetrator and did not authorize anyone to use my information.

15. I did not receive any goods, services, money, or other benefit from the fraudulent accounts or transactions.

16. I am not making this statement for any purpose unrelated to the identity theft.

F. Request for FCRA Block and Furnisher Action

17. Pursuant to 15 U.S.C. § 1681c-2, I request that each consumer-reporting agency receiving this affidavit block the fraudulent information identified in Section C from my credit file within four (4) business days of receipt.

18. Pursuant to 15 U.S.C. § 1681s-2 and 15 U.S.C. § 1681g(e), I request that each furnisher receiving this affidavit:

• Cease reporting the fraudulent information to all consumer-reporting agencies;
• Provide me with all application records, transaction records, and account documentation related to the fraudulent account(s) within 30 days; and
• Refrain from selling, transferring, or placing for collection any debt arising from the fraudulent account(s).

G. Penalty of Perjury

19. I declare under penalty of perjury under the laws of the State of Idaho and the United States that the foregoing is true and correct to the best of my knowledge and belief. Idaho Code § 9-1406; 28 U.S.C. § 1746.

Executed on [__/__/____] at [CITY], Idaho.

[________________________________]

[VICTIM NAME] (Affiant)

ACKNOWLEDGMENT

State of Idaho, County of [_______________]

Subscribed and sworn to (or affirmed) before me this [____] day of [_______________], 20[____], by [VICTIM NAME], whose identity was personally known to me or proved to me on the basis of satisfactory evidence.

[________________________________]

Notary Public for the State of Idaho

Residing at: [_______________]

My Commission Expires: [_______________]

(Notary Seal)

3. PART C — NOTIFICATION LETTERS TO CONSUMER-REPORTING AGENCIES

[VICTIM NAME]

[ADDRESS]

Date: [__/__/____]

VIA U.S.P.S. CERTIFIED MAIL — RETURN RECEIPT REQUESTED

[Equifax Information Services LLC, P.O. Box 105069, Atlanta, GA 30348-5069]

[OR Experian, P.O. Box 9554, Allen, TX 75013]

[OR TransUnion, P.O. Box 2000, Chester, PA 19016-2000]

Re: Identity Theft — Request for Block under 15 U.S.C. § 1681c-2

To Whom It May Concern:

I am a victim of identity theft. Pursuant to 15 U.S.C. § 1681c-2, I request that you block the fraudulent items identified on the enclosed credit report (circled) within four (4) business days of your receipt of this request.

I enclose the following:

• ☐ Sworn Identity Theft Affidavit (notarized);
• ☐ Police report from [AGENCY], case number [_______________];
• ☐ FTC Identity Theft Report from IdentityTheft.gov, report number [_______________];
• ☐ Copy of my Idaho driver's license / ID;
• ☐ Proof of current address (utility bill);
• ☐ A copy of my credit report with fraudulent items circled.

In addition, please:

1. Place an extended fraud alert on my file pursuant to 15 U.S.C. § 1681c-1(b) for seven (7) years;
2. Provide me with two (2) free credit reports during the 12-month period beginning on the date the alert is placed;
3. Suppress my name from prescreened-offer lists for five (5) years per 15 U.S.C. § 1681b(e); and
4. Provide a written confirmation of all actions taken.

Sincerely,

[________________________________]

[VICTIM NAME]

4. PART D — NOTIFICATION LETTERS TO FURNISHERS

[VICTIM NAME]

[ADDRESS]

Date: [__/__/____]

VIA U.S.P.S. CERTIFIED MAIL — RETURN RECEIPT REQUESTED

[FURNISHER NAME — Fraud Department / Registered Agent]

[ADDRESS]

Re: Fraudulent Account / Reference No.: [_______________]

Identity Theft Notice and Demand under 15 U.S.C. § 1681s-2 and § 1681g(e)

To the Fraud Department:

I am a victim of identity theft. The account referenced above was opened or used without my authorization. I demand the following:

1. Cease furnishing. Do not furnish any information regarding this account to any consumer-reporting agency. 15 U.S.C. § 1681s-2(a)(6).

2. Investigate and correct. Conduct a reasonable investigation and correct or delete the fraudulent information. 15 U.S.C. § 1681s-2(b).

3. Provide records. Provide me, within 30 days, with copies of all application records, transaction records, signature cards, IP logs, and other documentation relating to this fraudulent account, pursuant to 15 U.S.C. § 1681g(e).

4. No collection or sale. Do not place this account for collection, sell or transfer it, or sue on it. Any such conduct violates 15 U.S.C. § 1692e and Idaho Code § 48-603.

Enclosures: Sworn Identity Theft Affidavit; police report; FTC Identity Theft Report; copy of ID.

Sincerely,

[________________________________]

[VICTIM NAME]

5. IDAHO PRACTICE NOTES

• Idaho criminal statute. Idaho Code § 18-3126 (misappropriation of personal identifying information) makes it unlawful to obtain or record another's personal identifying information without authorization with intent to use it to obtain credit, money, goods, or services. Where the value obtained or attempted exceeds $300, it is a felony punishable by up to 5 years and/or a $50,000 fine; below that threshold, a misdemeanor. Related offenses include § 18-3126A (false-authority acquisition) and § 18-3128 (trafficking).
• Police duty to take a report. Idaho law-enforcement agencies will accept identity-theft reports from any victim, even where the underlying offense occurred in another jurisdiction; the FTC Identity Theft Report should be brought to the local police as supporting documentation. Refer to the agency's identity-theft intake protocol if available.
• Civil remedy. Idaho does not have a stand-alone identity-theft civil statute akin to Colorado's C.R.S. § 13-21-127. However, identity-theft conduct may be redressed civilly under (i) the Idaho Consumer Protection Act, Idaho Code § 48-608, where the conduct occurs in trade or commerce; (ii) common-law fraud, conversion, and invasion of privacy; and (iii) the federal FCRA, 15 U.S.C. §§ 1681n, 1681o, against CRAs and furnishers that fail to perform their statutory duties.
• Data breach notification. Idaho Code § 28-51-104 through § 28-51-107 require any agency, individual, or commercial entity conducting business in Idaho and owning or licensing computerized data including personal information to (a) conduct a prompt investigation upon discovery of a security breach and (b) notify affected Idaho residents in the most expedient time possible without unreasonable delay where misuse has occurred or is reasonably likely. Substitute notice is available where the cost would exceed $25,000 or the affected class exceeds 50,000.
• FCRA blocking timeline. Under 15 U.S.C. § 1681c-2(a), CRAs must block within 4 business days after receiving all four statutory items, subject to the section's exceptions. Under subsection (c), a CRA may decline or rescind after reasonably determining that the information was blocked or requested in error, the request or block rested on a relevant material misrepresentation, or the consumer obtained goods, services, or money from the blocked transaction.
• Free credit reports. Identity-theft victims are entitled to free credit reports beyond the standard annual entitlement and to an extended (7-year) fraud alert under 15 U.S.C. § 1681c-1(b). Use https://www.annualcreditreport.com.
• Security freeze. An Idaho consumer may impose a security freeze on a credit file pursuant to Idaho Code § 28-52-101 et seq., now harmonized with the federal free-freeze rules at 15 U.S.C. § 1681c-1(i). No fee is charged.
• Tax identity theft. If the affidavit covers IRS issues, also file IRS Form 14039 only if current IRS instructions call for it (Identity Theft Affidavit) and contact the IRS identity and tax-return-status verification at 800-908-4490 (identity and tax-return-status verification only; not refund or other tax-account information).
• Medical identity theft. HIPAA covered entities must provide an accounting of disclosures under 45 C.F.R. § 164.528. Submit a written request and consider a complaint to HHS OCR.
• Active-duty members. Service members may use an active-duty alert (15 U.S.C. § 1681c-1(c)) which lasts one year and suppresses prescreening for two years.
• Limitations on civil claims. FCRA: 2 years from discovery, not later than 5 years from violation, 15 U.S.C. § 1681p. ICPA: 2 years, Idaho Code § 48-619. Common-law fraud: 3 years, Idaho Code § 5-218(4) (discovery rule applies).

6. SOURCES AND REFERENCES

• 15 U.S.C. § 1681a(q) — https://www.law.cornell.edu/uscode/text/15/1681a
• 15 U.S.C. § 1681c-2 (block) — https://www.law.cornell.edu/uscode/text/15/1681c-2
• 15 U.S.C. § 1681g(e) (records to victim) — https://www.law.cornell.edu/uscode/text/15/1681g
• 15 U.S.C. § 1681s-2 (furnisher duties) — https://www.law.cornell.edu/uscode/text/15/1681s-2
• 12 C.F.R. § 1022.3(i) — https://www.ecfr.gov/current/title-12/chapter-X/part-1022/section-1022.3
• Idaho Code § 18-3126 (identity theft) — https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch31/sect18-3126/
• Idaho Code § 18-3126A — https://legislature.idaho.gov/statutesrules/idstat/Title18/T18CH31/SECT18-3126A/
• Idaho Code § 28-51-104 (data-breach definitions) — https://legislature.idaho.gov/statutesrules/idstat/title28/t28ch51/sect28-51-104/
• Idaho Code § 28-51-105 (breach notification) — https://legislature.idaho.gov/statutesrules/idstat/title28/t28ch51/
• Idaho Code § 48-608 (ICPA private remedy) — https://legislature.idaho.gov/statutesrules/idstat/title48/t48ch6/sect48-608/
• Idaho Legal Aid — Identity Theft — https://www.idaholegalaid.org/topics/2425/identity-theft
• FTC IdentityTheft.gov — https://www.identitytheft.gov/
• Idaho Office of the Attorney General — Identity Theft Resources — https://www.ag.idaho.gov/consumer-protection/
• IRS Form 14039 only if current IRS instructions call for it — https://www.irs.gov/identity-theft-fraud-scams/identity-theft-guide-for-individuals#form14039
• AnnualCreditReport.com — https://www.annualcreditreport.com

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Idaho should review and customize the affidavit before submission, particularly where civil litigation against furnishers, CRAs, or the original breach source is contemplated.