Identity Theft Affidavit and Police Report Cover - Oklahoma

IDENTITY THEFT AFFIDAVIT AND POLICE REPORT COVER PACKET — OKLAHOMA

TABLE OF CONTENTS

1. Cover Letter to Law Enforcement
2. Victim Information
3. Affidavit of Identity Theft (Notarized)
4. Schedule of Fraudulent Accounts and Transactions
5. Documents Attached / Enclosed
6. Demand for Police Report
7. Notice to Creditors and Consumer Reporting Agencies
8. Recovery Action Checklist
9. Oklahoma Practice Notes
10. Sources and References

1. COVER LETTER TO LAW ENFORCEMENT

Date: [__/__/____]

To: [POLICE DEPARTMENT / SHERIFF'S OFFICE]

Address: [STREET ADDRESS, CITY, OK ZIP]

Re: Report of Identity Theft Pursuant to 21 O.S. §§ 1533.1 and 1533.3

Dear Officer / Records Custodian:

I, [VICTIM FULL LEGAL NAME], am the victim of identity theft as defined by 21 O.S. § 1533.1. I hereby request that your agency take a written police report under 21 O.S. § 1533.3, which provides that a victim of identity theft may file a report with the law-enforcement agency in the jurisdiction where the victim resides, and that the agency shall take the report and provide the victim a copy.

Enclosed is my notarized Affidavit of Identity Theft, supporting documentation, and a Schedule of Fraudulent Accounts and Transactions. I respectfully request:

☐ A police-report case number;

☐ A copy of the completed report;

☐ Forwarding to the proper investigative agency if jurisdiction lies elsewhere;

☐ Reasonable cooperation with creditors and consumer reporting agencies that contact your department to verify the report.

Thank you for your prompt attention.

Sincerely,

[________________________________]

[VICTIM NAME]

2. VICTIM INFORMATION

3. AFFIDAVIT OF IDENTITY THEFT (NOTARIZED)

STATE OF OKLAHOMA

COUNTY OF [________________________________]

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

3.1. I am over the age of eighteen, of sound mind, and competent to make this affidavit. The facts stated are within my personal knowledge and are true and correct.

3.2. I am a resident of [CITY], [COUNTY] County, Oklahoma. My identifying information is set out in Section 2 above.

3.3. I am the victim of identity theft as defined by 21 O.S. § 1533.1. An unknown person (or persons) willfully and with fraudulent intent obtained, used, sold, or attempted to use my personal identifying information without my permission, knowledge, or authorization, to obtain or attempt to obtain money, credit, goods, property, or services in my name.

3.4. I did not authorize any person to use my name, Social Security number, date of birth, address, financial-account numbers, debit, credit, or account numbers, driver-license number, or other personal identifying information to obtain credit, goods, services, money, property, employment, medical care, or government benefits, or for any other purpose, except as listed in the chart at Section 4 below as "Authorized."

3.5. I first discovered the identity theft on or about [DATE] when [describe — e.g., received a collection call, reviewed credit report, received a bill, was denied credit, was contacted by employer or law-enforcement officer, received a data-breach notice under 24 O.S. § 163, etc.].

3.6. I have not been charged, convicted, or arrested for any conduct relating to the fraudulent activity described in Section 4 below, and I did not consent to or benefit from such conduct.

3.7. I do not know the perpetrator. [OR] I believe the perpetrator may be [name and relationship if known] based on [basis of belief].

3.8. I have taken or will promptly take the following actions:

☐ Filed a report with the Federal Trade Commission at IdentityTheft.gov (FTC Report Number: [________________________________]);

☐ Placed an initial 1-year fraud alert with one of the three nationwide consumer reporting agencies under 15 U.S.C. § 1681c-1;

☐ Placed a security freeze with each of Equifax, Experian, and TransUnion under 15 U.S.C. § 1681c-1(i);

☐ Notified each creditor or financial institution listed in Section 4;

☐ Filed this report with [LAW ENFORCEMENT AGENCY] on [__/__/____], Case No. [________________________________];

☐ Notified the Oklahoma Attorney General Consumer Protection Unit if the breach involved a business covered by 24 O.S. §§ 161-166.

3.9. I make this affidavit so that creditors, banks, employers, consumer reporting agencies, and law-enforcement agencies will block, remove, investigate, and prosecute fraudulent activity associated with my identity, and so that the records of the fraudulent activity will not be attributed to me.

3.10. I understand that knowingly making a false statement in this affidavit may subject me to criminal prosecution under Oklahoma and federal law.

Further, affiant sayeth not.

[________________________________]

[VICTIM NAME], Affiant

Date: [__/__/____]

ACKNOWLEDGMENT

State of Oklahoma

County of [________________________________]

Subscribed and sworn to (or affirmed) before me on this [____] day of [_______________], 20[____], by [VICTIM NAME], who is personally known to me or who produced [FORM OF ID] as identification.

[________________________________]

Notary Public

My commission expires: [__/__/____]

(Notary seal)

4. SCHEDULE OF FRAUDULENT ACCOUNTS AND TRANSACTIONS

Suspected medium of compromise (check all that apply):

☐ Stolen wallet/purse ☐ Mail theft ☐ Phishing email/text ☐ Phone scam ☐ Data breach (24 O.S. § 163 notice received from [ENTITY] dated [__/__/____]) ☐ Lost/stolen device ☐ Skimmer/card cloning ☐ Insider/known person ☐ Unknown

5. DOCUMENTS ATTACHED / ENCLOSED

☐ Government-issued photo ID (driver's license / state ID / passport)

☐ Proof of current address (utility bill, lease, mortgage statement)

☐ FTC Identity Theft Report (IdentityTheft.gov)

☐ Credit reports from Equifax, Experian, TransUnion (with fraudulent items circled)

☐ Account statements showing fraudulent transactions

☐ Correspondence from creditors / collection agencies

☐ Data-breach notice(s) received under 24 O.S. § 163

☐ Affidavits from witnesses (if any)

☐ Other: [________________________________]

6. DEMAND FOR POLICE REPORT

Pursuant to 21 O.S. § 1533.3, I respectfully demand that your agency:

1. Take a written police report of the matter described in this packet, recognizing that under § 1533.3 a victim may file in the jurisdiction of his/her residence regardless of where the offense occurred;
2. Provide me a copy of the completed report; and
3. Forward the report to the appropriate investigative or prosecutorial agency where jurisdiction lies, and cooperate with creditors and consumer reporting agencies seeking to verify the report under 15 U.S.C. § 1681a(q)(4).

Under 21 O.S. § 1533.1, identity theft is a felony, and a victim may bring a civil action for damages against any person participating in furthering the crime or attempted crime of identity theft. The victim is entitled to seek restitution and other remedies as the law allows.

7. NOTICE TO CREDITORS AND CONSUMER REPORTING AGENCIES

A copy of this affidavit, together with a certified copy of the police report and the FTC Identity Theft Report, will be transmitted to each creditor and each nationwide consumer reporting agency.

Pursuant to the Fair Credit Reporting Act:

• 15 U.S.C. § 1681c-2 — CRAs must block information resulting from identity theft within four business days after receiving the consumer's identification, an Identity Theft Report, and the consumer's statement that the information is not the result of any transaction by the consumer;
• 15 U.S.C. § 1681s-2(a)(6) — Furnishers must cease furnishing information after notice that the information results from identity theft;
• 15 U.S.C. § 1681g(e) — Business entities must provide the victim, upon request and submission of an Identity Theft Report, with copies of application and transaction records relating to the identity theft, free of charge.

Failure to comply gives rise to private actions under the FCRA and may also constitute a deceptive or unlawful practice under the Oklahoma Consumer Protection Act, 15 O.S. § 753.

8. RECOVERY ACTION CHECKLIST

Within 24-72 hours:

☐ File FTC report at IdentityTheft.gov

☐ Place initial 1-year fraud alert with one CRA (the CRA must notify the other two)

☐ Contact each affected creditor's fraud department; close fraudulent accounts in writing

☐ Change passwords / PINs on all financial accounts

☐ File this affidavit with local Oklahoma law enforcement under 21 O.S. § 1533.3

Within 30 days:

☐ Place a security freeze with each of Equifax, Experian, TransUnion (free under FCRA)

☐ Submit Identity Theft Report packet to each CRA demanding § 1681c-2 block

☐ Send § 1681g(e) requests to creditors for application and transaction records

☐ Notify Social Security Administration if SSN misused (1-800-269-0271)

☐ Notify Oklahoma Department of Public Safety if driver's license / state ID misused

☐ Report tax-related identity theft via IRS Form 14039 and notify Oklahoma Tax Commission

☐ Notify USPIS if mail theft suspected

☐ Notify the Oklahoma Attorney General Consumer Protection Unit if a covered business breach is involved (24 O.S. §§ 161-166)

Ongoing:

☐ Review credit reports quarterly

☐ Document every communication (date, time, person, content)

☐ Retain all certified-mail receipts

☐ Track all out-of-pocket expenses (potentially recoverable as restitution under 21 O.S. § 1533.1 or in a civil action)

9. OKLAHOMA PRACTICE NOTES

• Mandatory police report. Under 21 O.S. § 1533.3, an Oklahoma identity-theft victim may file a written report with the local law-enforcement agency where the victim resides, regardless of where the offense occurred. The agency shall take the report, prepare it, provide a copy to the victim, and the report shall not be considered an open case for purposes of public-disclosure laws.
• Criminal penalties. Identity theft under 21 O.S. § 1533.1 is a felony punishable by imprisonment in the custody of the Department of Corrections of not less than one (1) year and not more than five (5) years, by a fine not to exceed $100,000, or by both. Verify current sentencing range when citing.
• Civil action by victim. 21 O.S. § 1533.1 authorizes a civil action for damages against any person participating in furthering the crime or attempted crime of identity theft. Damages may include actual losses, attorney's fees, and costs. Restitution may also be ordered in the criminal case.
• Security Breach Notification Act. Under 24 O.S. §§ 161-166, an entity that owns or licenses computerized data including personal information of an Oklahoma resident must give notice of a breach without unreasonable delay. Recent amendments (effective 2026) extend the definition of personal information to include certain electronic credentials and biometric data; require AG notification if 500 or more Oklahoma residents are affected (within 60 days of individual notice); and authorize civil penalties of up to $150,000 per breach (or $75,000 if reasonable safeguards were in place). Verify current text before citing.
• Consumer Protection Act overlay. A breached entity's failure to maintain reasonable security or to notify can support an OCPA "unlawful practice" claim under 15 O.S. § 753, with private remedies under § 761.1 (actual damages, attorney's fees, and a $2,000 civil penalty for unconscionable conduct).
• No state Identity Theft Passport. Unlike some states, Oklahoma does not currently issue a separate "Identity Theft Passport." Oklahoma victims rely on the police report under § 1533.3, the FTC Identity Theft Report, and the FCRA blocking and freeze regime.
• Limitations. No specific civil SOL for the § 1533.1 victim civil action; defaults to 12 O.S. § 95 (typically 2-3 years for tort/statutory liability — 12 O.S. § 95(A)(3) applies to liability created by statute). FCRA private actions: 2 years from discovery / 5 years from violation (15 U.S.C. § 1681p). OCPA: 3 years.
• Free credit freezes. Federal law (15 U.S.C. § 1681c-1(i)) makes placing and lifting credit freezes free at all three nationwide CRAs.
• Fraud alerts and military. Active-duty military members may place an "active duty alert" under § 1681c-1(c). Extended (7-year) alerts available with an Identity Theft Report.

10. SOURCES AND REFERENCES

• 21 O.S. § 1533.1 (Identity theft — penalties — civil action) — https://law.justia.com/codes/oklahoma/title-21/section-21-1533-1/
• 21 O.S. § 1533.3 (Identity theft incident report) — https://law.justia.com/codes/oklahoma/title-21/section-21-1533-3/
• Oklahoma Security Breach Notification Act, 24 O.S. §§ 161-166 — https://law.justia.com/codes/oklahoma/title-24/
• 24 O.S. § 163 (duty to provide notice of breach) — https://law.justia.com/codes/oklahoma/title-24/section-24-163/
• Oklahoma Consumer Protection Act, 15 O.S. §§ 751-763 — https://www.oscn.net/applications/oscn/index.asp?ftdb=STOKST15&level=1
• 15 O.S. § 761.1 (liability under OCPA) — https://law.justia.com/codes/oklahoma/title-15/section-15-761-1/
• Oklahoma Attorney General — Identity Theft Resources — https://www.oag.ok.gov/consumer-protection-unit
• 18 U.S.C. § 1028 (federal identity-fraud statute) — https://www.law.cornell.edu/uscode/text/18/1028
• 15 U.S.C. § 1681c-1 (fraud alerts and freezes) — https://www.law.cornell.edu/uscode/text/15/1681c-1
• 15 U.S.C. § 1681c-2 (block of information resulting from identity theft) — https://www.law.cornell.edu/uscode/text/15/1681c-2
• 15 U.S.C. § 1681g(e) (consumer's right to records of identity theft) — https://www.law.cornell.edu/uscode/text/15/1681g
• FTC IdentityTheft.gov — https://www.identitytheft.gov/
• FTC Identity Theft Affidavit (Form) — https://www.identitytheft.gov/Assistant
• IRS Form 14039 (Identity Theft Affidavit) — https://www.irs.gov/forms-pubs/about-form-14039
• Oklahoma Bar Association — Security Breach Notification Act guidance — https://www.okbar.org/cm_articles/what-law-firms-should-know-about-oklahomas-updated-security-breach-notification-act/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Oklahoma should review and customize this document before use. Laws, citations, and forms change frequently; verify all authorities before submission.