Debt collection: identity theft.

Existing law requires a debt collector to cease collection activities until completion of a specified review if it receives a copy of a police report filed by the debtor alleging that the debtor is the victim of an identity theft crime and it receives a written statement from the debtor that the debtor claims to be the victim of identity theft, with respect to the specific debt being collected by the debt collector. This bill, instead, would require a debt collector to cease collection activities until completion of a review if it receives a copy of a Federal Trade Commission (FTC) identity theft report and a written statement from the debtor. The bill would authorize a debtor to choose to send a copy of a police report, as specified, but prohibit a debt collector from also requiring a police report if the debtor submits an FTC identity theft report. Existing law specifies that if service of a summons has not resulted in actual notice to a person in time to defend an action brought by a debt buyer and a default or default judgment has been entered against the person in the action, the person may serve and file a notice of motion and motion to set aside the default or default judgment and for leave to defend the action. Existing law requires the notice of motion to be served and filed, in the case of identity theft, within a reasonable time, but in no event exceeding 180 days of the first actual notice of the action. Existing law also requires, in the case of identity theft, that the person alleging that they are a victim of identity theft provide the court with either a copy of a Federal Trade Commission Identity Theft Affidavit or a copy of a police report. This bill, instead, would require the person alleging that they are a victim of identity theft to provide the court with either a copy of a Federal Trade Commission identity theft report or a copy of a police report. The bill would make other nonsubstantive changes. Existing law authorizes a person to bring an action against a claimant to establish that the person is a victim of identity theft, in connection with the claimant's claim against that person; if the claimant has brought an action to recover on its claim against the person, existing law authorizes the person to file a cross-complaint to establish that the person is a victim of identity theft in connection with the claimant's claim. Existing law defines a "victim of identity theft" for purposes of these provisions as a person who has filed a police report alleging a crime, as specified. In order for a person to recover actual damages or attorney's fees in an action or cross-complaint filed by a person alleging that they are a victim of identity theft, existing law requires that the person show that they provided the claimant, upon written request of claimant, a valid copy of a police report or a Department of Motor Vehicles investigative report before filing the action, or within their cross-complaint, as specified. This bill would change the definition of the phrase "victim of identity theft" for purposes of these provisions to also include a person who has submitted an FTC identity theft report. This bill would require, in order for a person to recover actual damages or attorney's fees in an action or cross-complaint filed by a person alleging that they are a victim of identity theft, that the person, upon written request of the claimant, provided the claimant a valid, signed FTC identity theft report before filing the action or within their cross-complaint, as specified. The bill would authorize a person to provide a valid copy of a police report or a Department of Motor Vehicles investigative report, as specified, but prohibit the claimant from also requiring a DMV or police report if the person submits an FTC identity theft report. Existing law authorizes a person to receive information relating to an application or account that was filed with any person or entity by an unauthorized person upon presenting the person or entity with which the application was filed or the account was opened a copy of a police report and identifying information, as specified. This bill would also authorize a person to receive this information upon presenting the person or entity with which the application was filed or the account was opened a copy of a signed and submitted FTC identity theft report and identifying information, as specified. The bill would make other conforming changes.