Found this while surfing: More Identity Theft Bills Introduced 11/29. Sen. Maria Cantwell (D-WA) introduced S 1742, the Restore Your Identity Act of 2001, a broad bill pertaining to prevention of identity theft. It was referred to the Senate Judiciary Committee. -------------------------------------------------------------------------------- On November 28 Rep. Jan Schakowsky (D-IL) and others introduced HR 3368, the Protect Victims of Identity Theft Act of 2001, a short bill that would amend the Fair Credit Reporting Act (FCRA) with respect to the statute of limitations on actions. It would amend the FCRA, 15 U.S.C. § 1681, et seq., to provide that "An action to enforce any liability created under this title may be brought in any appropriate United States district court, without regard to the amount in controversy, or in any other court of competent jurisdiction, not later than 2 years after the date on which the violation is discovered or should have been discovered by the exercise of reasonable diligence." -------------------------------------------------------------------------------- On November 28 Rep. John Shadegg (R-AZ) introduced HR 3369, the Fair Credit Reporting Act Amendment of 2001, another bill to amend the FCRA to provide that the statute of limitations begins to run on the "earlier of the date on which the consumer discovers, or the date by which the consumer reasonably should have discovered, the violation giving rise to the liability". It too was referred to the House Financial Services Committee and House Judiciary Committee. -------------------------------------------------------------------------------- These bills, and others, are, in part, a response to the November 13 opinion [PDF] of Supreme Court of the U.S. in TRW v. Andrews, a case regarding the running of the two year statute of limitations governing suits based on the FCRA. In that case, Adelaide Andrews had her identity stolen. An imposter obtained her name, social security number, and other information, which she provided to a radiologist. This imposter then used this information to apply for credit in her name. TRW, a credit reporting agency now known as Experian, disclosed her credit record upon each application. She filed a complaint in U.S. District Court (CDCal) against TRW alleging violation of the FCRA. She filed her suit 17 months after learning of TRW's disclosures, but more than two years after the disclosures. The District Court ruled that the statute of limitations had run. The Ninth Circuit reversed. The Supreme Court ruled that the statute had run.
